Fire Service Component of the 2016 Cleveland County Strategic Planning Process

Transcription

1 Fire Service Component of the 2016 Cleveland County Strategic Planning Process A Progressive North Carolina Local Government Initiative Facilitated By: 1

2 Directory/Index: Page Executive Summary 3 Project Goal 7 Key Objectives 7 Project Process 7 Peer Review Team 8 NCGS Fire Protection Enablers 8 History and Overview of Current Delivery System 11 Core Observations and Recommendations Level of Service 13 Recommendations 1-5 Funding 16 Recommendations 6-9 Fire Apparatus 19 Recommendations Capital and Infrastructure 21 Recommendations Staffing 24 Recommendations Appendix Documents: Appendix A Peer Review Team 28 Appendix B Buncombe County Contract 41 Appendix C OSFM Technical Services Bulletin 52 Appendix D Guilford County Contract 55 Appendix E Recruitment and Retention Officer 68 Appendix F Comparative Tax Rates 73 Appendix G North Carolina HGAC Cities 74 Appendix H ISO Rating System Overview 79 Appendix I Firefighter Stipend examples 82 Appendix J Guilford County Support Program 85 Appendix K Matrix of Recommendations 86 Appendix L Questions Asked of Departments 87 Appendix M Summary of Responses Collected 99 Disclaimer 102 2

3 1. Executive Summary The people of Cleveland County are fortunate and blessed to be served and protected by very dedicated firefighters. The fire service in Cleveland County has a very rich history of distinguished men and women who have selflessly served their communities and saved countless lives and tremendous amounts of property. The superior volunteerism and significant sacrifices consistently demonstrated by Cleveland County firefighters since the 1960s is arguably some of the very best in the State. Cleveland County is recognized throughout the State as having a progressive fire service and is well known in the entire Mid-Atlantic region for the exceptionally progressive training program at the Cleveland County Fire Training Center located at Cleveland Community College. There is a solid, long-term culture of fire departments in the County working together, helping each other and providing reciprocal automatic aid to each other. Cleveland County s dynamic automatic aid system has solidly been in place for many years and counties across the State could benefit by emulating many of the operational practices that are in effect in Cleveland County on a day-to-day basis. In this millennium, the volunteer fire services across the United States is in a transitional period in many areas as changes are occurring in our culture, business environment, pressure with family demands, danger of the duty and much more. The facts are that there are fewer people willing to volunteer to be firefighters. At the same time that volunteerism is struggling, structure fires are becoming more dangerous due to light construction and loading of homes with synthetic, quick-burning materials. Recent national testing indicates that fire growth today is twice as fast as it was just a couple decades ago. Beyond these dynamics, tools and equipment necessary for firefighting are becoming increasingly more expensive. In addition, the public s expectations of firefighters, fire departments and all local governments are steadily increasing. While Cleveland County continues to be solidly served by many dedicated volunteer firefighters, the County is not completely immune from some of the national trends occurring with volunteerism. Some County Governments choose to ignore the trends and do not prioritize planning and preparedness for the fire service. However, Cleveland County has taken a very progressive step forward by proactively developing a strategic plan for fire services in the next 5-7 years. While some counties find themselves going back and trying to correct fire protection delivery systems that are no longer effectively functioning, Cleveland County is working proactively to be ahead of potential future complications. Cleveland County is the very first county in the State of North Carolina to engage the Office of State Fire Marshal to facilitate such a strategic planning process utilizing a group of skilled, experienced subject matter experts in a peer review team format. This peer review team brings tremendous knowledge and ability in fire service operations, best practices, volunteerism, training, insurance, local government and responsible fire service industry management. 3

4 Harnessing the power of this distinguished group of professionals in the peer review team, the fire departments that contract with Cleveland County Government were asked to provide some feedback about their operations today and their projections for the future. Those responses were reviewed along with technical information from County staff and all was meshed with the expertise from the group to develop eighteen (18) observational areas and specific recommendations intended to sustain, strengthen and improve the fire service in the County long-term. It is vitally important to note that the Cleveland County fire service is NOT currently in a crisis situation. In fact, the nine fire departments that are part of the unified countywide service district were recently audited for FY and no errors or omissions were found. Optimal planning and preparedness can occur when there is not a pending crisis. Therefore, this is a proactive work effort rather than a reactive work effort. This process is all about continuous improvement. Change is often challenging and difficult for all of us. However, change is necessary for progress to occur. With the world around us changing so quickly, so must the fire service change to be able to meet the needs of the people that are to be served and that need to be protected. Unless you know your destination, it is difficult to successfully plot a course forward. This initiative is to help the County fire service set a course for the coming years. Identified in no particular priority order, the recommendations that comprise this strategic plan are focused in five primary subject areas. These are: Level of Service Funding Apparatus Capital and Infrastructure Staffing The Peer Review Team established a few core, overarching themes that tie together the observations and recommendations in this report. These themes are: Moving forward, more funding will be needed to support the current level of fire protection provided to the people of Cleveland County; while projected public need/demand/expectations for service will increase in coming years. Opportunities exist to further unify the fire protection service delivery system through strategic management of capital resources and infrastructure by using available purchasing and financing programs, harnessing efficient benefits of scale. 4

5 The fire service in the County is approaching an important crossroads. For many local governments, the greatest expense of many fire service delivery systems is providing salary and benefits for firefighters. Decisions made in the coming years will have a direct impact on the long-term outcome of the fire protection system of the future. There are five (5) specific strategic areas that the peer review team identified which will require policy direction from the local governing board the Cleveland County Board of Commissioners. These five decision point areas are: 1. Update the contracts for service to more accurately specify the level of service desired from contracting fire departments. (Item 1) 2. Update the contracts for service to more clearly address reversion of capital assets in the event of any future dissolution. (Item 2) 3. Determine the appropriate balance between fire district funds and County General Fund in order to increase the level of financial support for providing fire protection in the County. (Item 8) 4. Strengthen the role of the Cleveland County Rural Fire Commission to include reviewing the expansion of large fire apparatus, the construction of any new fire stations and continuously evaluating Class 10 areas. (Item 13) 5. Determine the path that the County desires to take with providing career firefighters, initially during weekday hours. (Item 19) Beyond these five policy decisions, the remaining thirteen (13) recommendations identified from this process are operational in nature. Although many of these action items will require some level of increased funding, these initiatives could be carried out collaboratively over time by the County Manager, the Fire Marshal, County staff and the cooperative leadership of the fire departments that contract with the County. These operational recommendations for improvement are to: Conduct a countywide hazard risk analysis of high hazard occupancies to ensure proper resources are initially dispatched. Collect and maintain records on a unified countywide records management system, more heavily relying on data for future decisions. Conduct Board of Director briefings for contracting fire departments on roles and responsibilities. Streamline and unify auditing requirements for all contracting fire departments. 5

6 Add a countywide recruitment/retention officer, hopefully initially using SAFER grants. Establish a sustainable funding stream to support first responder services, where provided. Facilitate best practice group purchasing for procurement of all large fire apparatus purchases to reduce purchase costs; possibly financing the purchases under one umbrella to reduce the costs of debt service. Conduct a third party mechanical evaluation of all large fire apparatus; creating a plan for all fire apparatus replacement. Consolidate/negotiate building construction debt under one umbrella to reduce the costs of debt service. Develop a plan to extend some level of fire protection to all developed areas within six (6) road miles of any fire station. Use the County s GIS system to re-evaluate all response districts to ensure all properties are receiving the closest station initial response. Develop and fund a plan to systematically add additional fire hydrants throughout the county to improve fire protection water supply. Develop and implement a unified volunteer stipend program to support reimbursement of expenses for volunteers. Guidance on the identified five policy direction decisions from the governing board is necessary in order to move forward with next steps in the strategic planning process. Decisions from these five policy direction decisions will spawn additional operational recommendations or needed actions. The County Manager and/or governing board may desire to re-engage this team to assist further with these items, or may desire to handle in-house, or may choose to engage the services of a private consulting firm. The members of this peer review team sincerely appreciate the opportunity to provide this strategic plan report for the people of Cleveland County. This group of fire and rescue professionals was sincerely impressed with the commitment of the firefighters in the county and the commitment of the County Manager and County staff to set a positive course forward to sustain and improve the fire service in the County for many years to come. The team desires to sincerely thank everyone who supported this important initiative and express our honor to serve in this important capacity. 6

7 2. Project Goal To collaboratively forecast and professionally prepare for the emerging needs of the Cleveland County fire service in 2020 and beyond. 3. Key Objectives Provide the Cleveland County Board of Commissioners with a more comprehensive understanding of the county s fire protection system needs and challenges in the next 5-7 years. Project capital expenses for major buildings and facilities over the next 5-7 year period. Project major apparatus and equipment purchases over the next 5-7 year period. Project fire service staffing needs over the next 5-7 year period. Identify the county fire service s highest priority unmet needs. Compare and contrast fire department responses with fire service industry best practices to provide a basic planning tool for all stakeholders. 4. Project Process County Manager meets with Fire Chiefs to make them aware of the initiative along with the goals and objectives; then briefs County Commissioners. (October and November, 2015) County Fire Marshal and County staff to collect data and feedback from all county contracting fire departments. (November and December, 2015) Seven member third party peer review team to review and analyze all of the information submitted and identify consistently focused themes and highest priorities in a summary presentation/report to the County Manager (January, 2016). Summary report to be prepared by the peer review team. (February, 2016) County Manager to communicate the summary report to the Fire Chiefs and the Cleveland County Board of Commissioners. (March-April, 2016) After review of the findings, the Commissioners along with the County Manager will determine best next steps in the process moving forward. 7

8 5. Peer Review Team More detailed professional backgrounds of the peer review team members may be found in Appendix A of this document. A brief overview is as follows: Paul Brooks Executive Director of Center for Public Safety Excellence (Ret.) Assistant Chief of the Greensboro Fire Department (Ret.) Jeff Cash National Volunteer Fire Council North Carolina Director Cherryville, NC Fire Chief Wesley Hutchins Forsyth Community College Fire Protection Program Walkertown, NC Fire Chief Alan Perdue Guilford County Commissioner Guilford County Emergency Services Director (Ret.) Dennis Presley Volunteer Firemen s Insurance Services, Inc. (VFIS) Skyland, NC Fire Chief Kevin Gordon Waco Fire Chief, Charlotte, NC Deputy Fire Chief NC State Fireman s Association President Steve Hamrick Cleveland Fire Chief OSFM Role: Gregory Grayson, Assistant Director of NCOSFM The North Carolina Office of State Fire Marshal (OSFM) serves as the project facilitator, convener and coordinator. OSFM will assemble the peer review team, manage information flow, and provide technical assistance to the review team, county staff and County Manager. 6. North Carolina General Statute enablers for County Fire Protection The North Carolina School of Government advises that Counties and municipalities in North Carolina are not required to furnish (or fund) fire protection services for their citizens, but many local governments provide, or contract for the provision of, these services within their units. And, typically that fire protection extends beyond basic fire prevention and suppression services to include, among other things, emergency dispatch services, medical and other response services, and building code enforcement. The types and level of fire services that local governments provide and fund often vary significantly across their territorial boundaries, though. There is no duty of equal service to all properties or citizens within a unit. That means that a local governing board may 8

9 choose to provide fire services in some areas within its jurisdiction and not in others, or it may choose to provide a higher level of fire services in some areas than in others. Counties, in particular, tend to provide different levels of fire services across their unincorporated territories. This raises questions about how local governments can and should fund the fire services. Most local governments use general fund revenues, including general property tax revenues, to fund at least a portion of their fire services. In fact, municipalities typically finance all (or almost all) of their fire protection services with general fund revenues. Counties have an additional option. At least under certain circumstances, counties may establish special tax districts to fund fire services. There are actually two different types of tax districts available to fund fire services rural fire protection districts and county fire service tax districts. The special tax districts allow counties to raise revenue from those property owners who directly benefit (or more directly benefit) from the fire services. Rural Fire Protection Districts (G.S. Ch. 69, Art. 3A) Until around the mid-1900s, counties typically did not furnish fire services in their unincorporated territories. Instead, property owners were left to secure their own fire protection. Over time, rural areas became increasingly subject to urban-type development, resulting in pressure on county governments to provide and fund fire protection services in these areas. In recognition of this change, the General Assembly granted counties the authority to establish rural fire protection districts for the purpose of levying a special property tax (rural district tax) to fund the fire services provided in each district. County Fire Service Districts (G.S. Ch. 153A, Art. 16) The second type of district that a county may establish to fund fire protection and rescue services is a county service district. A county is authorized to define one or more areas within the county to establish a service district to finance, provide, or maintain one or more of a specific list of authorized services, facilities or functions in addition to or to a greater extent than those financed, provided or maintained for the entire county.... G.S. 153A-301. This authority stems from an effort by the General Assembly in the mid-1970s to make municipal-type services more widely available to county residents. Among the authorized services for which service districts may be created are fire protection and ambulance and rescue services. G.S. 153A-301(a)(2) and (7). Unlike a rural fire protection district, a county service district is not a municipal corporation and has no independent authority. It is established and maintained by the county, under the control of the county board of commissioners. It is much easier to establish a fire service district than to create a rural fire protection district. A county board simply must find that: (1) there is a demonstrable need for providing one or more of the services in the district; (2) it is impossible or impracticable 9

10 to provide the services on a countywide basis; (3) it is economically feasible to provide the proposed services in the district without unreasonable of burdensome annual tax levies; and (4) there is a demonstrable demand for the proposed services by persons residing in the proposed district. G.S. 153A-302(a1). In making its determination, the board must consider a number of factors, including the resident or seasonal population and population density in the proposed district; the appraised value of property subject to taxation in the proposed district; the present tax rates of the county and any municipalities or other special districts in which the proposed district is located and the ability of the proposed district to sustain the additional taxes necessary to support the proposed district. G.S. 153A-301(a). After the board makes the appropriate findings, it must hold a public hearing on the proposed creation of the service district. G.S. 153A- 302(c). Once a service district is created, the county board of commissioners may, but is not required to, levy an annual property tax within the district in addition to the property tax or taxes it levies throughout the county (service district tax). G.S. 153A-307. The service district tax applies to all real and personal property in the district that is subject to the county s general property tax(es). Unlike the rural fire protection district tax, generally there is no specific maximum tax rate limitation for service district taxes. Such taxes are subject to the general aggregate property tax limit of $1.50 per $100 valuation. That means that the district tax, when combined with the county s general property tax rate(s) and any other service district tax rates, may not exceed $1.50 per $100 valuation, unless the district s voters have approved the portion of the rate in excess of this limitation. (Under certain circumstances, a county board of commissioners may restrict itself to a lower maximum allowable service district tax rate.) Revenue generated from the service district tax is specifically earmarked to finance the fire services provided in the district. G.S. 153A-305. As with the revenue generated from a rural fire protection district tax, a county has much flexibility in expending the service district tax proceeds to fund these services. Many counties contract with one or more volunteer or municipal fire departments to furnish at least some of the services. The fire departments are contracting agents of the county. And, subject to any existing contractual terms, a board of county commissioners may change service providers, the nature of the services that are being provided, and the amount appropriated to fund these services at any time. In order to modify or abolish a county fire service district, a county s board of commissioners must follow detailed statutory provisions, although most are not as detailed as those governing rural fire protection districts. For example, unless the county has outstanding bonds or notes issued to finance projects in a district, a county s board may abolish the district by simply adopting a resolution and holding a public hearing. G.S. 153A

11 Relationship between Tax Districts and Insurance Districts As discussed previously, the customary way to provide fire protection in areas outside municipalities is to establish one or more fire response zones. This allows county governments to provide different types and levels of services in different parts of the county. A county may fund these services with its general property tax proceeds. Alternatively, it may establish and maintain one or more special tax districts to generate revenue specifically to provide the fire services in the district(s). In addition to the tax districts, a county also is authorized to establish fire insurance districts within its unincorporated territories, with the approval of the Office of the State Fire Marshal housed within the North Carolina Department of Insurance. The primary purpose of insurance districts, as their name suggests, is to delineate the fire protection coverage afforded to particular properties for purposes of determining whether those properties may be covered by fire insurance and at what cost. The North Carolina Commissioner of Insurance/State Fire Marshal is responsible for rating departments that serve areas with populations of 100,000 or less. A private corporation, the Insurance Services Office, Inc. (ISO), rates departments that serve more populous areas. Insurance ratings are based on the staffing levels and apparatus of the fire department itself as well as on the applicable emergency response communication system and available water supply. A fire department that serves the properties within an insurance district is rated on a scale of 1 to 10, with 10 effectively constituting no fire protection for purposes of setting insurance rates. Thus, the minimum insurance grade for departments rated by the Commissioner of Insurance is 9. A S is added after the Class 9 to indicate state approved hence 9S. In order for a county insurance district to qualify for a 9S rating, its boundaries may be no more than six road miles from the fire station and the fire station that serves those properties must meet certain requirements. Some fire departments receive a split rating providing a lower (better) insurance rating to properties in the insurance district that are located within one thousand feet of a fire hydrant. 7. History and Overview of Current Service Delivery System Primarily, in the 1950s and 1960s, the County s first volunteer fire departments began when citizens saw the need for fire protection and came together to form and build fire departments in communities across the County. Independent fire departments were established with the support of the communities that they served. Most all funds to operate the fire departments came from fund raisers and donations. Volunteer firefighters worked countless hours to build, develop and improve the fire services throughout the County. Many charter members of the departments put their own names on loans for buildings and equipment. Fire Departments in each community quickly became one of the core pieces of infrastructure that citizens depended upon. 11

12 In the late 1970s, three fire protection service districts were established to help support their community fire departments through a service district tax (Fallston, Number 3, Number 7). Subsequently, the balance of the unincorporated areas of the County was placed into a unified fire protection service district to begin covering some of the expenses of providing fire protection. The towns of Casar, Polkville, Waco and Kingstown became part of the unified fire protection service district as well. Today, Cleveland County Government provides comprehensive fire protection services to unincorporated areas of Cleveland County through the work of the Fire Marshal/Emergency Management Department internally and through contracts for service with private non-profit corporation fire departments. Funding for fire protection in the unincorporated County area is primarily from four fire protection service districts (as identified above). Three are independent districts: Rippy Fire District serviced by the Number Three Volunteer Fire Department, Inc. Fallston Fire District serviced by Fallston Community Volunteer Fire Department Lattimore Fire District serviced by the Number Seven Volunteer Fire Department, Inc. The remaining unincorporated areas are within a unified service district known as The Cleveland County Fire Protection Service District. Departments currently primarily servicing the unified service district are: Bethlehem Volunteer Fire Department, Inc. Boiling Springs Fire and Rescue Casar Volunteer Fire Department, Inc. Cleveland County Volunteer Fire Department, Inc. Grover Rural Volunteer Fire Department Oak Grove Volunteer Fire Department, Inc. Polkville Volunteer Fire Department, Inc. Shanghai Volunteer Fire Department, Inc. Waco Community Volunteer Fire Department, Inc. In addition, through contracts with Cleveland County, the following municipal fire departments also serve identified unincorporated areas of Cleveland County: City of Kings Mountain Fire Department Town of Lawndale Volunteer Fire Department City of Shelby Fire Department 12

13 8. Core Observations and Recommendations for Consideration A. LEVEL OF SERVICE Observation 1 Contract Enhancement - Performance: The County s current contract with fire departments has the following provision for level of performance: The County desires the Fire Department to provide fire protection services within the Service District that meet the requirements and standards established by the State Fire Marshal Recommendation 1: Expectations of the County regarding the level of performance of the contracting fire departments should be more clearly defined, agreed upon and integrated into a revised contract. As the first policy direction decision, the governing body should establish some measurable and meaningful performance standards that are consistent with fire and rescue industry standards and best practices that are reasonable and can be achieved by the provider fire departments in the County. County residents should understand the general level of service that they should receive in return for the fire district tax that they pay. Two predominant routes can be taken to achieve this measure. These are 1) require each contracting fire department to obtain and maintain a minimum ISO Class 9S rating (or better), and/or 2) specify an acceptable amount of time for a first unit to arrive on certain emergency calls as well as the full complement needed on certain emergency calls. If this option is chosen, it is recognized that no fire department can realistically meet credible service delivery demands 100% of the time. Therefore, if used, it is recommended that the level of service be based upon 90% of the call volume. Language similar to the following could be considered: Initial arriving firefighters and apparatus on typical structure fires: For 90% of all typical residential structure fire incidents, at least one initial arriving fire apparatus along with at least four (4) adequately trained firefighters should arrive within (determined locally) minutes total response time and be prepared to take immediate action in accordance with department protocols. 13

14 Full response of firefighters and apparatus on typical structure fires: For 90% of all typical residential structure fire incidents, an effective force of at least fifteen (15) adequately trained firefighters (including automatic aid responses) should arrive within (determined locally) minutes total response time. The effective response force should be capable of establishing command, appointing a site safety officer, providing an uninterrupted water supply, advancing an attack line and back up line for fire control, complying with the OSHA requirements of two-in and two-out, completing forcible entry, searching and rescuing at-risk victims, ventilating the structure, controlling utilities, and performing salvage and overhaul. These operations are done in accordance with department standard operating protocols while providing for the safety of responders and the general public. Contract examples for ISO level of service can be found in Section 26 of Appendix B and Section 17 of Appendix D. Guidance to determine credible times to use at the local level is found as Appendix C. Observation 2 Contract Enhancement Capital Assets: The current County fire protection contract was most recently revised in July 2015 to include the provision of rescue services throughout the County. The current contract does not address what would happen to capital assets (buildings and large fire apparatus) in the event that a contracting fire department was to dissolve in the future. General provisions are in place with the North Carolina Secretary of State, but not specifically outlined for Cleveland County. Recommendation 2: The contract document is one of the most important tools to use in establishing roles and responsibilities for the County s fire protection delivery system. It should be used to state what is most important to all of the stakeholders involved. This opportunity presents the second policy direction decision to revise the contract document to address the disposition of major, or capital assets, which many county governments have found needs to be clarified up front in order to prevent any potential confusion in the future. In the unlikely event that a private, non-profit corporation fire department ceases to exist in the future, the taxpayers should not find themselves re-purchasing fire apparatus and fire stations. It is recommended that a clause be used in the County contract that clearly articulates that should the department dissolve, that the major capital assets such as buildings and large fire apparatus would be immediately transferred to (or through) Cleveland County Government for the 14

15 purpose of providing fire protection for the people of the county. This safety net provision represents good public stewardship on behalf of all parties. Illustrative language for this provision can be found in Section 11 of Appendix D. Observation 3 Aid and Hazard Risk Analysis: A very effective countywide mutual aid system is in place and Emergency Management staff can capably access those resources as well as regional and state resources for large scale emergencies. A strong automatic aid system exists throughout the county whereas three departments are automatically dispatched on all structure fires. Each fire department determines what the hazards and fire risks are for their response district. Recommendation 3: Continuation of the strong automatic aid agreement system is essential to the continued sustainability of the fire service in the county. Cleveland County is operating as a best practice organization in this aspect. However, while this system is effective for low and moderate hazards (typical residential structure fires), there are high hazard occupancies in the County (commercial and/or industrial properties) which demands a higher level of service and fire response. A more comprehensive countywide hazard risk analysis should be conducted to determine where high hazards exist and ensure that enough resources are being sent initially to fire emergencies at those locations. Observation 4 Data and Records Management System (RMS) The County does not have one centralized records management system for all of the contracting private non-profit fire departments. There are several software systems in place throughout the County, using programs such as FireHouse and Fire Programs. Recommendation 4: Good decisions are made with good data and data is becoming much more important to every aspect of local government services. The County should establish one uniform platform for all records management for all contracting fire departments and support that software system as is required. The Office of State Fire Marshal will soon be providing a common platform for all 100 Counties to use (Fire Bridge) and this may be helpful to unify the records management system for the County. Regardless, more attention to data and records management system as well as benchmarking would be prudent. 15

16 Better records will also have a direct correlation to the Insurance Services Office review of incident reports, training records, equipment inspections, ladder testing, hose testing, protective gear inventory and other necessary components. Continuous use of data, such as response times, personnel, fire vs. EMS calls and other collection of information will enable all stakeholders to make the best decisions possible in the future. Observation 5 Board of Director Training Each contracting fire department establishes their own Board of Directors in accordance with the by-laws of each private, non-profit corporation. Beyond the department Board of Directors, the fire district may also have a separate Fire Department Relief Fund Board as authorized in state statutes. Recommendation 5: Periodic briefings should be provided to all persons serving on the Board of Directors of each contracting fire department. Board members should have a solid understanding of the County s overall fire protection delivery system issues and be well informed about the goals and objectives that the County is working towards so that each respective board can contribute towards the common goals. Reinforcement of process and ethics strengthens any organization. Similar Board of Director briefings may be conveniently available throughout the state on-line in the future. Board of Commissioner periodic briefings on the status of the County s fire protection delivery systems are also encouraged. B. FUNDING Observation 6 - Contracts/Audits: Three (3) fire departments operate under independent fire protection service districts (Fallston, Number 3 and Number 7). The remaining nine fire departments operate under a consolidated county fire protection service district. The independent districts are not being audited by the County. The departments within the consolidated district are being audited by the County. Recommendation 6: The nine fire departments operating under the county service district as well as the three fire departments operating under independent service districts should have the same contract for service and the same auditing requirements should be applied equally to all. All funds collected by the County for fire protection should be treated equitably with regards to accountability. County Government does not need to audit records from municipalities because they are governed by the North Carolina Budget and Fiscal Control Act and have appropriate safeguards already in place. 16

17 Observation 7 - Current County General Fund Support: The Cleveland County Government General Fund is providing support of all fire departments through the County Fire Marshal/Emergency Management Office for fire scene investigations, fire code compliance and large scale emergency assistance. In addition, the General Fund provides the monthly dues for all qualifying volunteer firefighters in the county into the North Carolina Firefighter s and Rescue Squad Worker s Pension Fund. This $10/month/member contribution allows volunteers who serve and contribute for twenty (20) years or more as a firefighter in North Carolina to receive a pension when they reach the age of 55. The current state monthly benefit for those firefighters that meet all of the criteria is $170. Recommendation 7: Countywide coverage of the pension fund is an excellent method to manage this benefit countywide and it should continue. The County is progressive in this initiative. One additional area of opportunity for the County to provide would be to add a part-time or full-time volunteer recruitment and retention officer to the Fire Marshal s staff. This position could potentially be initially funded through the Federal grants system (SAFER) as well. Most communities that invest in a volunteer recruitment and retention officer have experienced a positive return on the investment. An illustrative job description is found as Appendix E. Observation 8 - Distribution of Funds: The three independent service districts and the consolidated fire protection service district currently both operate on an equitable tax rate of $.05/$100. The three independent districts receive all of the funds collected within their respective districts, minus general liability insurance and workers compensation insurance costs. The nine fire departments in the consolidated district receive the following annual allocation: o Operating Base = $120,000 o Capital = $50,000 o Variable amount from a formula based upon population = $57,000 (average) o In addition, the department s workers compensation insurance and general liability insurance costs are paid from the consolidated special service district. Comparatively, Cleveland County s $.05/$100 fire tax is lower than adjoining counties as well as counties across the State of similar size, which average approximately $.085/$100. A comparison is found in Appendix F. 17

18 Recommendation 8: More funding is needed to support fire protection services in Cleveland County. A third policy direction decision should be made by the elected officials about how the county will fund fire protection services long-term. Core options are 1) to become more dependent upon the ad valorem fire tax, or 2) to provide additional support for fire protection through the County General Fund. Although both models have advantages and disadvantages, the long-term solution could also be a hybrid including both funding formats. Highlighted examples of opportunities where the County General Fund could most effectively be used include, but are not limited to: Staffing for regional firefighting crew(s) Major fire apparatus purchase, and/or low interest loans Low interest loans for fire station facilities and/or apparatus Volunteer firefighter stipends Fire hydrant installations Observation 9 Medical First Responder Within the most recent contract revision, all contracting fire departments provide rescue services for the County. However, at this time, four contracting fire departments (Boiling Springs, Grover, Oak Grove and Shanghai) routinely provide medical first responder service. The remaining contracting fire departments respond to high risk life threatening calls and respond when Cleveland County EMS will have an extended response time or upon mutual aid request. Recommendation 9: Fire departments responding to imminent, critical, life threatening emergencies save lives because response time is so very important to positive outcomes. Cleveland County departments need to continue jointly responding with County EMS on truly critical calls or when County EMS is not immediately available. Beyond critical, life threatening calls, providing medical first responder services significantly increases the emergency call volume for any fire department. A significant amount of planning and decision making should go into the final decision of whether or not to extend services as medical first responders. At this point, expansion of services to include medical first responder service is a department by department decision. However, should a contracting fire 18

19 department become a medical first responder fire department, a sustainable funding stream to provide for expendable materials and offset costs of fuel and personnel should be established. County Government should develop a fiscal plan to address these costs in collaboration with County EMS and the hospital. Also, there are structural changes occurring in the first responder discipline in response to the Federal Affordable Care Act that should be explored. Supporting medical first responder programs solely on voluntary private donations has not proven to be a responsible or sustainable model in other areas. C. FIRE APPARATUS Observation 10 Savings through Group Purchase: Fire Apparatus is currently separately purchased and owned by each individual contracting private non-profit fire department as they can afford and as they believe is in the best interest of the taxpayers that they serve. Cleveland County Government does not currently own any of the large fire apparatus in the County. In Cleveland County, other than the Cities of Shelby and Kings Mountain, no other entities are currently using the most prevalent national group purchasing program for fire apparatus. Recommendation 10: Cleveland County Government could save tax dollars and provide valuable assistance for the contracting fire departments across the county when they purchase large fire apparatus (cost of more than $250,000) by facilitating group purchase programs, such as the Houston-Galveston Area Council (or HGAC) program that many North Carolina local governments effectively use. This is recognized as a best practice and typically saves significant costs when purchasing large fire apparatus. With the effective group purchasing programs now available, most any fire department should be able to procure the fire apparatus that best meets their needs. This type of purchasing does not adversely affect a department s ability to choose fire apparatus that meets their community s needs and apparatus that helps to sustain community pride, individualism, and volunteerism. NC cities and counties currently participating in purchasing fire apparatus through HGAC can be found in Appendix G. Furthermore, in order to further reduce interest costs, the County should explore ways to consolidate debt service on fire apparatus so that the debt was 19

20 restructured under one umbrella to reduce the debt service costs as a measure of a larger span of business or scale. Conceptually, this same group purchase route can effectively be used to purchase other large cost items such as self-contained breathing air equipment (air packs) protective clothing (turn out gear) and other specialized tools and equipment. Observation 11 Replacement Need Contracting departments currently operate approximately 20 pumping fire trucks that are twenty years old, or less. A large number of fire trucks will need to be replaced in the next 5-7 years. Decisions of replacement are made with each individual contracting fire department. Recommendation 11: The County should physically conduct a mechanical evaluation by a third party of all of the fire engines of the contracting departments to determine the overall condition of the fire apparatus. This evaluation would effectively allow the apparatus in the most serious condition to be replaced most quickly. In most cases, local governments have determined that a phased replacement plan that continuously replaces fire apparatus is the most efficient as opposed to a large number of units needing to be replaced at one time. For example, if a capital improvement plan were developed and implemented whereas two or three fire engines across the county were replaced each year, it would be predictable and sustainable as opposed to large spikes in certain years requiring a large outlay or bond referendum. Pumping fire engines currently cost approximately $500,000 and usually have a life expectancy of less than 20 years, based on usage. While there are certainly exceptions, most industry standards recommend that fire apparatus over years old be replaced as soon as conditions will allow. Generally, this is a safety issue for protecting firefighters as well as for cost containment and risk management. This recommendation is NOT intended to apply to any apparatus that has been identified as part of the County fire service s history and for apparatus that has been deemed legacy equipment. It is recommended that the type and specification on replacement of apparatus continue determined in large part by the individual private non-profit fire departments. However, expansion or addition of apparatus should be reviewed and recommended by the Cleveland County Rural Fire Commission (see observation/recommendation 13) before large expansion apparatus is purchased. 20

21 D. CAPITAL AND INFRASTRUCTURE Observation 12 Building Debt A number of contracting departments have built fire stations in recent years, or are in the process of building replacement stations for buildings that are 50+ years old and in need of replacement. Each private non-profit corporation secures their own funding for the stations independently with financial institutions of their choice. Recommendation 12: The County should consider facilitating fire station construction debt under an umbrella that would allow a collective lower interest rate to be secured, which would reduce the tax dollars that are going to debt service. This process would not necessarily add debt service to county government, but could offer advantages of scale countywide. The end result could be more efficient overall use of tax dollars. Observation 13 County Rural Fire Commission A seven (7) member County fire commission exists that is comprised of representatives of the County Firefighter s Association (2), the Board of County Commissioners (1) and at-large citizens appointed by the Board of Commissioners (4). The role of the Fire Commission at this point is to ensure adequacy that each district has a fire station and fire apparatus is available for emergency response. Recommendation 13: A fourth policy decision for the governing board is presented as to whether or not to more strongly empower the County Rural Fire Commission. It is recommended that the Commission should be utilized more in the building of fire stations and should have more authority to ensure that the stations and properties across the County are adequate to support the firefighters that serve each community. Their role could be expanded to evaluate buildings, prioritize replacements and report to the Board of County Commissioners about improvements that are needed with fire stations and buildings. The composition of the current Fire Commission is healthy. Having representation from the Association, Board of Commissioners and at-large citizens offers a balanced and valuable perspective to the full Board of County Commissioners. Again, Cleveland County is ahead of other counties by already having a platform established to advise the County Manager and Board of Commissioners. 21

22 Observation 14 Areas in Need of Fire Stations There are several areas that exist in the County that are currently further than six (6) road miles from a fire station located in Cleveland County. Therefore, the people living in those areas do NOT receive any reduction in their insurance premiums due to fire protection. The people living in these areas do receive some level of fire and emergency services; however they do not gain the additional benefit from insurance savings. These areas are known as Class 10, or unprotected areas. There is at least one pending request to construct a new fire station to serve one of the areas that is currently recognized as Class 10. Currently, two fire departments (Polkville and Waco) have fire insurance districts that extend into neighboring counties (Rutherford and Gaston respectfully). Recommendation 14: The Fire Commission should further be utilized to review any of the situations where there are Class 10 areas. Covering these areas within a rated fire insurance district should be a high priority for Cleveland County Government. Before constructing a new fire station, an analysis should be conducted to determine if an existing fire department in a municipality or an adjoining county could service the Class 10 areas within their six road miles. If service could be provided by a fire department in an adjoining county, the County should strive to immediately establish a contract for service until such time as growth, population, call volume and hazard risk reached a point that a new fire station was built in Cleveland County. The fundamental guiding principle of closest station response should be applied throughout the County unless there are extenuating circumstances where not doing that can be explained and justified to the public. Should some of the Class 10 area be able to be covered within an insurance district for a fire department located outside of Cleveland County, fire departments within Cleveland County will need to provide automatic aid for structure fires. The County should devise a method to fairly and responsibly provide funding for the responding departments in Cleveland County as well as outside departments. This model may necessitate a higher fire tax rate because providers in multiple counties will require contracts. However, in most any case, the savings for property owners moving from Class 10 to Class 9S, or better, will produce overall net savings for the taxpayers. It is important to note that savings go beyond fire tax versus insurance premiums. There are also additional savings for many people in that property taxes factor into income tax calculations and insurance premiums may not. Further explanation of the ISO rating system can be found as Appendix H. 22

23 Observation 15 Response Districts Response districts seem generally in alignment with closest station response throughout the County. Closest station generally means that when an emergency occurs of any type not just fire that the closest fire station responds. Recommendation 15: Harnessing the technological power of the County s Geographical Information System (GIS), all response districts should be re-evaluated to ensure that the closest fire station is responding to all calls for service. This would include all fire stations in the County, both those operated by private non-profit corporation fire departments as well as municipalities and any fire departments that may be closely located to the County, but reside in a neighboring county. In order to structure any responsible and progressive fire protection delivery system, it is critical that a cornerstone be closest station response. After this review, there may be a need for some minor re-alignment of response districts and possibly some slight modification to fire protection service district(s). Observation 16 Fire Hydrant Infrastructure Sanitary water service is provided in much of the County by Cleveland County Water. Some areas are provided with acceptable fire hydrants. Many areas are not. In order to add a fire hydrant, where water lines will support one, the fire department or property owners must pay approximately $2,500 for each installation. When communities receive a split insurance rating, properties within 1,000 feet of a fire hydrant generally receive a lower insurance rating. Recommendation 16: A number of fire departments identified that one of the top ways that Cleveland County Government could help them was to help install more fire hydrants. With more fire hydrants, there can be less dependence on fire tankers. Fire tanker operations require more personnel and can be expensive to operate and maintain. The county should develop a plan to annually install a number of fire hydrants within some type of infrastructure improvement budget whereas consistent progress is being made to increase fire hydrant coverage across the entire county. It is suggested that each contracting fire department develop a priority list of the top 5-10 hydrants that are needed within their respective response district and submit those to the County Fire Marshal on an annual basis to develop a capital improvement plan list of prioritized fire hydrant additions. 23

24 E. STAFFING Observation 17 Volunteer Staffing The people of Cleveland County are very fortunate to be served and protected by approximately 428 volunteer firefighters. The State minimally requires each fire department to establish and maintain a roster of at least twenty (20) active firefighters. For each substation added, 8 additional firefighters are necessary. Hence two fire stations require a minimum of 28 active firefighters on the roster. All contracting departments currently exceed this minimum requirement. Volunteer firefighters uniformly receive service credit through the North Carolina Firefighter s and Rescue Squad Worker s Pension Fund as described in Observation/Recommendation #7 above. Recommendation 17: In order to provide some level of sustainability for volunteer fire service in the County, a volunteer stipend program should be established. In most communities which use this type system, it is often found to help volunteers to be reimbursed for the costs of their fuel and personal expenses. Many communities set up tiers of reimbursement related to the number of responses the volunteer provides and the amount or level of training that they have achieved. Some communities cap this reimbursement stipend program at $599 per year due to potential tax implications. This type program would most likely be most effective to be centrally administered countywide for improved consistency and increased accountability to the taxpayers. Experience throughout North Carolina indicates that using the stipend is one of the most effective solutions towards strengthening volunteerism, which is essential to the County to efficiently manage the overall County fire protection service delivery system. Some illustrative examples can be found in Appendix I. Observation 18 Career Staffing Three(3) of the contracting non-profit corporation fire departments have already engaged some level of paid or career staff as firefighters. They are as follows: Grover 2 staff weekdays 8-5 Boiling Springs 2 staff 1 working weekdays and 1 working weeknights Fallston 2 staff weekdays

25 Recommendation 18: The transition of fully volunteer fire departments to combination departments is one of the most prevalent changes occurring in the fire serviced at both the state and national levels. The declining number of people willing to volunteer as firefighters coupled with the increased demand for calls for service and the increasing safety risks of being firefighters has prompted this changeover. Cleveland County is in an exceptional position at this point because there has not yet been a large, long-term establishment of career personnel. This situation presents the fifth policy direction decision area for the governing board. A determination needs to be made as to how the County desires to proceed with career staff. The County could 1) allow each contracting fire department to conduct their own independent hiring and human resource processes as they are doing now, or 2) Could consolidate all firefighter hiring into one single process, or 3) develop a hybrid system whereas the independent departments could hire parttime personnel and the County would supplement those persons and the volunteers with full time regional firefighting crews, which would be full-time County employees. There are pros and cons with each approach. However, what many counties have experienced when fire departments begin hiring larger numbers of people are that there is often significant turnover and in some cases, the necessary professional infrastructure to support responsible legal, hiring and human resource functions may not always be in place. Employees of private non-profit corporation fire departments are not eligible to participate in the North Carolina Local Government Employee s Retirement Program (NCLGERS) whereas all County employees participate. Health care insurance and other benefits are often difficult, if not impossible to provide at levels that a larger county government can efficiently provide and sustain. Costs are also generally less when associated with the larger county government. Many private non-profit fire departments find that their employees are readily waiting to attach to a larger municipal fire department that can provide better benefits and career opportunities. One additional consideration long term is that private non-profit corporation fire departments cannot make use of the Federal Fair Labor Standards Act provisions that allow firefighters to work 212 hours in a 28 day work period before earning overtime. Those agencies that cannot participate must pay overtime when a firefighter exceeds 40 work hours in a 7 day period. Cities and counties are fully able to use the FLSA 7(k) provision with their full time employees. Firefighter FLSA rules and requirements are rather complex and successful navigation of those requirements necessitates involvement of human resource professionals. 25

26 As an initial step to strengthen fire protection services throughout the County, it is recommended that the County consider establishing at least one regional crew of four full-time career firefighters that would be regular County employees. Some jurisdictions that use this model refer to it as a flying squad or a task force approach. This crew would be comprised of a Fire Captain, a Fire Engineer and two Firefighters who were highly trained in all aspects of fire service delivery. This initial crew would work under the direction of the County Fire Marshal on a weekday basis when volunteers are least available. They would be available countywide and could be based at a location that was statistically determined to be most optimal to have a positive impact on the structure fire responses in the County. If this resource were funded through the General Fund, the crew would respond into municipalities as well when requested or programmed. Given the data that was provided, with a total of 469 square miles in the county, a crew centrally positioned in the northern part of the county with one additional crew positioned in the southern part of the county would provide a reasonable infrastructure to support all of the contracting fire departments countywide. Annual staffing expense for one crew is estimated at approximately $250,000, including a necessary staffing buffer to manage leave. In addition, a response vehicle as determined appropriate by the County would need to be purchased and maintained. There are also potentially costs for facility either through partnership, agreement, lease, or eventually construction of a facility. Although the county could consider contracting service for such regional crews with an existing municipality, there would be certain advantages to consider in these personnel being county employees. In addition to response duties, this crew could assist all of the contracting fire departments in the County with maintenance type duties such as hose testing, ladder testing, training and other essential support functions, as would be requested by the contracting departments. They could also perform some fire code enforcement and prevention services under the direction of the County Fire Marshal. This model is recommended as a supplement to the excellent services provided by the dedicated volunteer firefighters in the county during the most challenging time for staffing. It is NOT recommended to replace volunteer personnel in any way whatsoever. As this pilot program operates over time, a more thorough analysis could be completed to determine if expansion of the program was appropriate and if so, how and where it would be most effective and most beneficial. Although this initial one roving County crew will only make up a small contingent of the firefighters necessary on a fire scene, it would be a progressive effort towards strengthening service levels when volunteerism is at the weakest point 26

27 weekdays. Other Counties use similar models. An outline of the similar Guilford County model is found as Appendix J. It has operated successfully for many years and expanded in F. Appendix Documents and Reference Points Appendix A Peer Review Team Appendix B Buncombe County Contract Appendix C OSFM Technical Services Bulletin Appendix D Guilford County Contract Appendix E Recruitment and Retention Officer Appendix F Comparative Tax Rates Appendix G - NC HGAC Cities Appendix H- ISO Rating System Overview Appendix I - Firefighter Stipend examples Appendix J Guilford County Support Program Appendix K Matrix of Recommendations Appendix L Questions asked of Departments Appendix M Summarized Responses of Data Collected Document Disclaimer 27

28 APPENDIX A PEER REVIEW TEAM Chief Jeffery C Cash 215 Carolina Drive Cherryville, NC (H) (W) Objective To utilize my teaching-educational, human relations, organizational skills, and leadership ability to design and implement overall programs that assist firefighters in protecting and serving the citizens of their community. Experience December 1981 Present Cherryville, NC CITY OF CHERRYVILLE FIRE DEPARTMENT Positions Held: Firefighter, Driver Engineer, Captain, Training Officer, Fire Chief, and City Emergency Management Director, Interim City Manager June November 2012 Current Position Held: Fire Chief/Emergency Manager January 2003 August 2007 Cherryville, NC NORTH CAROLINA STATE FIREMEN S ASSOCIATION Position Held: Program Coordinator (Part-Time) September 1981 December 1981 CITY OF SHELBY FIRE DEPARTMENT Position Held: Firefighter June 1979 September 1981 CITY OF ROCK HILL FIRE DEPARTMENT Position Held: Firefighter Shelby, NC Rock Hill, SC Education Cherryville Senior High School June 1978 Cleveland Community College AA Degree Fire Protection Technology December 2004 Chief Fire Officer Designation Center for Public Safety Excellence July

29 Fire Service Training Professional Activities North Carolina Certified Firefighter North Carolina Certified Instructor Level II North Carolina Certified EMT North Carolina Certified Fire Officer Level IV North Carolina Certified Hazardous Material Responder North Carolina Certified Arson Investigator North Carolina Certified Fire Inspector Level III Fire Chief Executive Development Program Institute of Government UNC Chapel Hill North Carolina Certified Rescue Technician NC Fire College & NC Breathing Equipment School NC Community College Instructor (various community colleges) - Curriculum and Continuing Education Programs Cleveland Community College Fire Training Advisory Board Gaston College Fire Training Advisory Board Cherryville Firefighter of the Year, December 1987 NC Firemen s Association Fireman of the Year, 1990 NC General Assembly Legislative Study Commission 1998 WNCFA Officer of the Year Award 1996 North Carolina State Director to National Volunteer Fire Council 1997 Executive Committee (currently serving) Founder North Carolina Gateway Project NC State Firemen s Association Board of Directors August 1995 August 2001 Gaston County Heroism Award, February 2001 US Congressional Testimony House Science Committee SAFER Bill Testimony, June 2003 Chief Fire Officer Designation, August 2005 National Fire Protection Association (NFPA) 1021 Committee IAFC Health & Safety Survival Section Committee Member July 2007 NVFC Liaison North Carolina Association of Fire Chief s Fire Chief of the Year 2007 US Congressional Testimony Department of Homeland Security Appropriations Subcommittee (Fire Act) March 2007 Statistician for North Carolina State Firemen s Association August

30 John M. Buckman III National Leadership Award November 2007 IAFC/VCOS National Volunteer Fire Council Health & Safety Committee September 2008 National Volunteer Fire Council James E. Monihan Director Leadership Award April 2010 Articles Published: FireRescue magazine December 2009 Health/Safety), Firehouse Magazine December 2009 (B.E.S.T.) FireRescue Magazine December 2011 (Recruits) North Carolina Society of Fire & Rescue Instructors Instructor of the Year May 2014 North Carolina Association of Fire Chief's Assistant Executive Director January 2014 National Volunteer Fire Council Adjunct Instructor Southern Baptist Ordained Chaplain June 2015 Fire Service Organizations Community Activities National Fire Protection Association Member National Fire Protection Association 1021 Committee International Association of Fire Chief s National Volunteer Fire Council (Executive Committee) NC State Firemen s Association (Past President) NC Fire Chief s Association NC Society of Fire Service Instructors NC Chapter International Association of Arson Investigators Gaston County Firefighters Association, Board of Directors Western NC Firemen s Association (Past President) Member of First Baptist Church, Cherryville, Deacon Board, Chairman, Current and Previous Terms FBC Stewardship Committee Vice Chair FBC Personnel Committee - Chairman Billy Graham Library Christmas Volunteer - current Precinct Chairman, Precinct #44 Cherryville, Little League Baseball Coach, Little League Baseball NC District One District Administrator, Little League Baseball International Advisory Board Member Cherryville Little League President

31 Ironmen Booster Club, Past President NC Baptist Men (Disaster Relief Committee) NC 28 th Regiment, Civil War Re-enactor, Private Sons of Confederate Veterans - Chaplain/Treasurer Cherryville Country Club Board of Directors, Past Secretary Cherryville Area Ministries Board of Directors, Past President C. Grier Beam Truck Museum Board of Directors, Current References Dr. Vince Hefner First Baptist Church, Cherryville, NC 301 East First Street Cherryville, NC Ken Briscoe, Fire Chief Lenior Fire Department 1426 Overlook Drive Lenoir, NC Dr. Thomas White South Elm Street Cherryville, NC

32 Chief Paul D. Brooks Chief Brooks is the sole proprietor for Brooks Innovative Solutions providing dynamic solutions for public safety, municipal and not-for-profit organizations. He served as the Chief Executive Officer and Executive Director for the Center for Public Safety Excellence, Inc. (CPSE) from November 2008 until October 2014 leading a period of unprecedented growth and expansion for the organization. He retired as Assistant Fire Chief from the Greensboro, NC Fire Department in 2008 with nearly 35 years of service. Prior to his appointment as CEO of CPSE, he served as Chairperson for the Commission on Fire Accreditation International, and provided consulting services to fire agencies, associations and small municipalities. He holds a BA in Management & Ethics from John Wesley College and is a graduate of the University of NC, Institute of Government, Municipal Administration Program. His credentials include Chief Fire Officer Designation, Member designation from the Institution of Fire Engineers and is a certified facilitator and associate for the TRACOM Group for powerful Social Style and Versatility Model. Chief Brooks serves as Treasurer on the Executive Board of the National Alliance for Public Safety GIS Foundation and has served on the Advisory Committees for fire programs at Eastern Kentucky University and the University of California-Davis. He has served as a Director of CFAI-Risk, Inc., as a principal member of the Congressional Fire Service Institute National Advisory Committee, and as a standards committee principal member representing the International Association of Fire Chiefs on the committee for NFPA 1710; Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments. Chief Dennis L. Presley Volunteer Skyland Fire Department Hired as career firefighter Skyland Fire Department Promoted to Shift supervisor Skyland Fire Department Due to Contract agreement with City of Asheville 1987 began work as Engine Company Captain Asheville Fire Department. Promoted to District Captain Asheville Fire Department Hired as Career Fire Chief of Skyland Fire Department Skyland Fire Department to present started part-time career as Property & Casualty, Life & Health agent and currently working for VFIS of North Carolina/ Code 3 Insurance assigned to Western North Carolina and Upstate South Carolina. 32

33 Chief Wesley Hutchins Hometown, Walkertown, North Carolina (Northwest North Carolina). Profession - Dean of Health & Public Safety Programs, Forsyth Technical Community College (20 years of service) - Winston-Salem, North Carolina. Chief of Walkertown Fire Department (12 years 40 years of actual service), located in Forsyth County, North Carolina (piedmont Region of Northwest North Carolina) population of the Town of Walkertown is approximately 5,000 with a suburban/rural area of 12,000 citizens. Educational Associate in Applied Science Degree in Fire Protection Technology from Guilford Technical Community College. Bachelor of Science Degree from Gardner-Webb University. Master of Science from Grand Canyon University. Professional Certifications/Designations Graduate of the National Fire Academy's Executive Fire Officer Program (EFO). NC Fire Rescue Commission Fire Officer IV. Fire Instructor III. North Carolina Emergency Medical Technician. Firefighter III. Leadership Positions Past President of the NC State Firemen s Association (2008). Past President Piedmont North Carolina Firefighters Association. Past President of Forsyth County Fire Rescue Association. Town Council Member, Town of Walkertown (1999/2001). Board member for the NC Firefighters Fund. Board member for the Boy Scouts of America/Old Hickory Council Eagle Scout Review. Morris Chapel United Methodist Church, Walkertown NC (Sunday school Teacher/various leadership positions). Board member for the NC Community Colleges Adult Educators Association. 33

34 Awards/Recognition Cleveland County Fire 2020 Strategic Plan Peer Review Report Eagle Scout Award (1973). Bank of America Community Citizenship Award (2004). NC Association of Fire Chief s Volunteer Fire Chief of the year Walkertown Fire Department Awards (7). Forsyth County Firefighter of the Year Award (1995). Town of Walkertown Community Leader Recognition (2010). Carss and Flame Award United Methodist Church (2008). Lay Leader Award for the United Methodist Church Western North Carolina Conference (2005). 34

35 Objective Commissioner Alan W. Perdue 5515 Old Randleman Road Greensboro, NC (336) To provide thought leadership, strategic direction and solutions utilizing my involvement and leadership experience in local, state and national fire and emergency services organizations. Qualifications More than thirty-eight years of progressively responsible emergency services experience in both volunteer and career roles related to Fire, EMS and Emergency Management operations and administration with a strong focus on consensuses building and continuous improvement in both individuals and the organization. Served in various leadership roles in multiple state and national fire service organizations. Experience Guilford County, NC County Commissioner District 2, 2014 Present Serve as an elected official for the County of Guilford, NC that covers an area of approximately 650 square miles and a population of just over 500,000. Duties include setting policy, direction and adopting an annual budget for the County. Safer Buildings Coalition Executive Director, 2013 Present Responsibilities include executive management of a not-for-profit coalition that provides education and advocacy for In-Building Wireless Communications for public safety responders and the public. Duties also include speaking a multiple venues to highlight the need to comply with both the ICC and NFPA codes that address the issues of public safety communications within the indoor environment. 35

36 Center for Public Safety Excellence Commission on Professional Credentialing Commissioner, Present Serve as a volunteer Commissioner to the Commission on Professional Credentialing (CPC), an entity of the Center for Public Safety Excellence, Inc. The CPC consist of individuals from academia, federal and local government, and the fire and emergency medical services profession who focuses on elevating the profile and profession of fire service leaders. International Association of Fire Chiefs Board of Directors International Director Fire & Life Safety, September 2007 September 2015 Serve as a volunteer member of the International Association of Fire Chefs Board of Directors. Duties include developing policy and direction of the association that enables the organization to serve its membership. North Carolina State Building Code Council Council Member Fire Services Representative, Present The NC Building Code Council is a Board consisting of 17 members that have been appointed by the Governor for six year terms. The NC Building Code Council adopts and amends the NC State Building Codes as authorized by GS The NC codes are based on the ICC model codes with NC amendments. Guilford County Emergency Services, NC Emergency Services Director/Chief, Responsibilities include leadership and administration in the service delivery of Fire, EMS and Emergency Management services to the public. Department consisted of 220 FT and 75 PT employees. Work as a member of the management team to ensure that overall County strategic goals are developed and implemented in the areas of safe and healthy communities. Managed departmental budget which was $25.1 million in FY 13. Additionally, the ES Director/Chief also served as the County Fire Marshal which duties included oversight of 23 Fire Protection Districts with a combined budget of approximately $11 million dollars. Guilford County Emergency Services, NC Deputy Director/Chief Operations, Responsibilities included overall management of the Fire Marshal s Office, Fire Services and Communications Divisions. Developed, administered and managed multi-faceted processes, protocols and goals to ensure compliance with regulations and continuous service delivery to the public. Guilford County Emergency Services, NC Fire Training Officer, Responsibilities included the coordination of the overall county training plan, development/delivery of special programs and assisted with the development and design concept of the GTCC Public Safety Training Facility. 36

37 Guilford County Emergency Services, NC Fire Plans Examiner/New Construction Inspector, Responsibilities included the coordination and implementation of the overall county plans review and new construction inspection program. Coordinated activities with the Planning and Development department s buildings plans engineer and field trade inspection programs to ensure a cohesive operation. Guilford County Emergency Services, NC Fire Prevention Inspector, Responsibilities included the fire/arson investigation and the inspection of commercial occupancies within the county to ensure compliance with the adopted fire codes and standards. Assist county fire departments with pre-fire planning and emergency response to fire, medical and hazardous material incidents. Pinecroft-Sedgefield Fire Department, NC Volunteer Firefighter, Lieutenant, Captain and Admin. Deputy Chief, Present Responsibilities included volunteer emergency response to fire and medical incidents, assisting with fire prevention and training. Education B.A. Management and Ethics, 1998 John Wesley College, High Point, NC A.A. S. Fire Protection Technology, 1988 Guilford Technical Community College, Jamestown, NC Executive Fire Officer, 2004 National Fire Academy, Emmittsburg, MD Credentials/Designations Chief Fire Officer Designation (CFO), Center for Public Safety Excellence Fire Marshal Designation (FM), Center for Public Safety Excellence Member Institute of Fire Engineers (MIFireE), US Branch Institute of Fire Engineers Executive Fire Officer (EFO), National Fire Academy Certifications Certified Firefighter, State of NC Certified Fire Instructor, State of NC Certified Fire Inspector, State of NC Certified Public Safety Diver, Dive Rescue International 37

38 Professional Achievements Pinecroft-Sedgefield Fire Department - Rookie Firefighter of the Year, 1979 Board Member Pinecroft-Sedgefield Fire Department, Pinecroft-Sedgefield Fire Department - Firefighter of the Year, 1995 Rescue Diver Guilford County Volunteer Water Rescue Team Chief Guilford County Volunteer Water Rescue Team, Board Member International Association of Fire Chiefs Fire & Life Safety Section, President - NC County Fire Marshal s Association Board of Directors, Vice Chair International Association of Fire Chiefs Fire & Life Safety Section Board of Directors, Chairman International Association of Fire Chiefs Fire & Life Safety Section Board of Directors, ICC Fire Code Hearing Committee Member - Pittsburgh, PA, 2002, Nashville, TN 2003 & Cincinnati, OH 2005 & Orlando, FL 2006 Recipient National Fire Sprinkler Associations Fire Sprinklers Save Lives Award, 2007 Steering Committee Member on the Vision 20/20 National Strategies for Fire Loss Prevention Initiative, Guilford County Fire & Rescue Council County Firefighter of the Year, 2013 Recipient - Southeastern Association of Fire Chiefs - H.D. Crossnine Award. The H.D. Crossnine Award is the highest honor given by the SEAFC in the area of fire prevention and fire code development. The award has only been given eight times in the eighteen years since its inception, 2013 Committee Member International Code Councils Fire Code Action Committee, 2003 to 2014 Other Current Active Volunteer Positions Board Member Vehicle Injury Prevention for a Very Important Person (VIP for a VIP), 2004 to Present Council Member International Code Councils Codes & Standards Council, 2011 to Present Technical Advisory Council Member International Accreditation Services Fire Prevention & Life Safety Department Accreditation Programs Technical Advisory Council, 2010 Present Officiating Chain Crew Volunteer Southern Guilford High School Football Program Active Association Memberships North Carolina State Firemen s Association North Carolina Association of Fire Chiefs North Carolina Fire Marshal s Association North Carolina Chapter of the International Association of Arson Investigators International Code Council 38

39 Chief Gregory H. Grayson North Carolina Department of Insurance - Office of State Fire Marshal - Assistant Director Leads the North Carolina Local Government Technical Services Program for NCOSFM Strengthens fire and rescue service delivery systems for the people of North Carolina by providing technical expertise, education, advice and guidance for county and municipal managers as well as professional local government based organizations. Provides solutions to improve effectiveness and efficiencies for Fire Chiefs and Counties by proactively recognizing and promoting innovations, resources, benchmarks, industry standards and best practices. Collaboratively partners with statewide local government organizations to achieve continuous improvement - NC League of Municipalities, NC Association of County Commissioners, NC School of Government. Thirty-three years continuous North Carolina local government fire and rescue service experience and leadership City of Greensboro Fire Chief 6+ years (580 firefighters, $46M annual budget), retired July 1, 2015 City of Asheville Fire Chief - 9 years (240 firefighters, $18M annual budget) City of Burlington Fire Chief years (100 firefighters, $6M annual budget) Wake County Fire Marshal - Fire/Rescue Director - 8 years (32 staff) Service to the Town of Cary Fire Department, NCSU, and Cleveland County as a Firefighter years Education: Master of Public Administration - Western Carolina University (2006) Bachelor in Education - North Carolina State University (1988) Associate of Science in Fire Protection - Durham Technical Community College (2000) Multiple National Fire Academy and Emergency Management Institute Resident Programs University of North Carolina -School of Government Programs (Municipal Administration and Public Executive Leadership Academy - PELA) as well as University of Virginia Senior Executive Institute (SEI) Primary Professional Credentials: Chief Fire Officer (CFO) Designation one of first persons to earn CFO credential in North Carolina First person to earn the North Carolina Advanced Firefighter Certificate Senior Professional in Human Resources (SPHR) Certification and SHRM-SCP Certification Multiple NC Fire and Rescue Commission/OEMS State Certifications (Firefighter, Instructor, EMT) NC Standard Level III Fire Inspector NC Code Officials Qualification Board one of very first in NC 39

40 Select Career Accomplishment Highlights: Served in leadership and command roles in scores of major disaster and large scale emergency responses Led significant career development advancement initiatives in three major NC municipal fire departments Implemented 10 new response companies & opened 6 new fire stations (2 in Asheville, 4 in Greensboro) Led the Asheville Fire Department to initially become an accredited fire department by CPSE Led Wake County s initial transition to a unified county fire tax service delivery system Served on the core team that developed and initially implemented NCs first statewide fire code Professional Recognitions: Recipient of the State of North Carolina Order of the Long Leaf Pine (2015) Governor s appointee to the North Carolina State Emergency Response Commission SERC ( ) Honored for service by Asheville City Council through an official unanimous city proclamation (2009) Received Regional Executive Manager of the Year award for city/county/state/federal levels (2008) Received Distinguished Service Award for leadership during Hurricanes Frances and Ivan (2004) Honored for service by Wake County Board of Commissioners through a unanimous proclamation (1996) Received Firefighter of the Year award from peer firefighters (1983) 40

41 APPENDIX B BUNCOMBE COUNTY CONTRACT STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE AGREEMENT FOR FIRE PROTECTION & AMBULANCE and RESCUE SERVICES THIS AGREEMENT ( Agreement ) is dated as of day of October, 2015, and is by and between BUNCOMBE COUNTY, NORTH CAROLINA, a public body politic and corporate of the State of North Carolina ( County ), and Skyland Fire & Rescue Corporation, a North Carolina non-profit corporation organized and doing business in the State of North Carolina ( Department ). Whereas, the Buncombe County Board of Commissioners have heretofore taken action to create and establish nineteen (19) coterminous Service Districts for purposes of Fire Protection Services as well as Ambulance and Rescue Services ("Service Districts") in Buncombe County pursuant to North Carolina General Statutes Article 16, Chapter 153A. Whereas, the Skyland Fire Protection & Ambulance and Rescue Service District has been established and created effective July 1, Whereas, in accordance with said Article 16, Buncombe County must provide, maintain or let contracts for the services for Service Districts in which the residents of the districts will be taxed within a reasonable time, not to exceed one year, after the effective date of the definition of the district. Whereas, the Department, agrees to contract with County to provide fire protection and other emergency services in the Skyland Fire Protection & Ambulance and Rescue Service District ("District"). Whereas, Chapter 159 of the North Carolina General Statutes provides that the county budget ordinance may be in any form that the Board of County Commissioners of any county deems most efficient in enabling it to make the fiscal policy decision embodied therein and provides for a fund for each special district whose taxes are collected by the County. 41

42 Whereas, the Department is a North Carolina nonprofit corporation organized and authorized to furnish fire protection and emergency services to the citizens of its district. Whereas, the Department has secured equipment, land and buildings for the operation of Fire Station(s). Whereas, County levies and collects a special tax in the Skyland Fire Protection & Ambulance and Rescue Service District and is responsible for appropriating the funds derived therefrom for fire protection and other services in said District. Whereas, County and Department desire to enter into this agreement for the Department to furnish fire protection and other emergency services for and within the said District. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable considerations, the parties hereto contract and agree as follows: 1. This Agreement shall be valid for a term of five (5) years, beginning July 1, 2016, and may be extended for an additional term of the same number of years upon written request of Department which shall include certification that Department has been continuously in compliance with the requirements of the Office of State Fire Marshal as well as all county Emergency Medical System ("EMS") and North Carolina Office of EMS, as applicable. 2. For each fiscal year, County agrees to appropriate and make funds available to the Department from the special tax levied in the said District. The amount of such service tax levy shall be determined by the Board of the County Commissioners from year to year based on the needs projected in the budget request jointly submitted by the Department and the County staff to the County Commissioners and as approved by and deemed necessary by the County Commissioners for furnishing fire protection and other emergency services within the District. The County will collect the funds from the special tax as may be levied as provided by law. 3. The funds collected by the County as a result of the tax collected in the District and the corresponding sales tax revenue due to the District will be paid over to said Department by the last day of each month. 4. Department will furnish fire protection and other emergency services as part of the Buncombe County EMS System and shall provide the necessary equipment, personnel and those things necessary for furnishing such emergency services protection for the District and the Buncombe County EMS System. The services shall be in accordance with minimum standards set forth in this Agreement and as required by federal and State law. 42

43 5. The tax levied and collected by the County and paid to the Department by the County shall be used for fire department operations, fire protection and other emergency services for the District and other areas of response as dispatched and to meet the standards established by this agreement. 6. County may inspect all books and accounts for the Fire Department at any time that it shall desire and said inspection shall be conducted by the Buncombe County Finance Office. It is further agreed that the Fire Department will present the Buncombe County Finance Office with an annual audit by a CPA which shall be in conformity with generally accepted accounting principles. 7. Further, the Department agrees to comply with County budgeting procedures and other procedures provided for by state law. Budget procedures and deadlines will be determined during the County s annual budget process, generally being communicated by the Buncombe County Budget & Management Services Office to the Department no later than April 1 st of every calendar during the term of this agreement. The Department agrees to submit budget estimates at a minimum of category level (personnel expenses, operating expenses, capital, etc.) with requested tax rate clearly stated to the Buncombe County Budget & Management Services Office by the budget submission deadline provided. Should the Department fail to provide the required budget estimates by April 30 th of any calendar year then the tax rate for the District will automatically default to the rate in effect for the preceding fiscal year. 8. Department agrees to present to the County an annual audit and accompanying management letter prepared according to generally accepted accounting principles and generally accepted auditing standards for the preceding fiscal year no later than 5:00 PM on the last working day of November of each current fiscal year. The County agrees to make available an audit conducted at Department expense by an independent certified public accountant. 9. If the Department elects to participate in the audit furnished by the County, the Department agrees to submit financial records and data to the County's auditor no later than 5:00 PM on the last business day of November of the current fiscal year. 10. In the event that the audit or management letter reveals a reportable and/or material issue(s) with regard to compliance with generally accepted accounting principles, the Department shall provide a written statement that contains an explanation of each such issue and an action plan (with implementation timetable) for resolving each such issue, and shall provide periodic reports to the County on progress made in resolution of each issue. If 43

44 resolution of such issues requires professional advice on the part of that Department's (or County's) auditor, the Department shall bear the cost of such advice. 11. Should the Department fail to submit its audit report to the County within the above time period, the County shall suspend all funds immediately until the audit is delivered as set forth above, except that the County's Director of Finance may grant a reasonable submittal extension if the Department is unable to deliver the audit for reasons beyond the control of the Department or the Department's auditor. 12. The Department agrees that if the Department's financial records are judged to be unauditable for purposes of audit or establishment of a budget by the County's Director of Finance, or if a regular or special audit by a Certified Public Accountant reveals competent evidence of reckless or willful financial management practices or intentional or criminal wrongdoing, the Department's Board of Directors will notify the County, at which time, the County and Board of Directors may jointly name a trustee who will assume responsibility for management and financial decision-making for the Department until such time as the County and Department's Board of Directors agree that the Department's finances have been stabilized to the extent required to satisfy the financial-management provisions of this Agreement. 13. Because of the Department's extensive reliance on public funds for its operations, the public has a continuing interest in the Department's decision-making processes and decisions regarding the spending of those funds. To ensure public trust, the Department agrees that its Board of Directors meetings will be open to the public. 14. To ensure the ability of the public to attend those meetings, the Department agrees to provide public notice of such meetings. The Department and the County agree that public notice of a Board of Directors meeting called in the midst of a declared disaster or emergency to make decisions required to respond to that disaster or emergency is not practical, and, therefore, not required. 15. To ensure the ability of the public to review the Department's decision-making processes and spending decisions, the Department agrees to take minutes of all meetings that would enable a person not in attendance to have a reasonable understanding of what happened, and to make minutes of those meetings available to the public by the time of the Department Board of Directors' next meeting. 16. Notwithstanding the Department's reliance on public funds, there are matters on which the Town Council must act that are non-public in nature. The County and the Department agree that, in the course of a public meeting, the Town Council may decide to close the meeting under the following circumstances: 44

45 o To consult with an attorney (to preserve attorney-client privilege) for an actual claim, judicial action, mediation, arbitration, etc. (does not include closing a meeting for "legal advice" or general legal information); o To discuss purchase, exchange or lease of real property; o To discuss the terms of an actual or proposed employment contract; o To deal with personnel matters concerning a member and/or employee (does not include general personnel policy discussion/action); o To request (or hear a report on) an investigation of alleged criminal misconduct directly concerning the Department, a member or employee; o To make decisions on matters other than those that directly or indirectly involve public funds. 17. The Department agrees that it will keep minutes of such closed sessions in the form of a general account of the closed session so that a person not in attendance would have a reasonable understanding of what transpired. Minutes or an account of a closed session conducted in compliance with G.S may be withheld from public inspection so long as public inspection would frustrate the purpose of a closed session. 18. The County and Department further agree that a "meeting" exists for purposes of this section when a majority of Board members get together physically, or via conference call or other electronic means for the purpose of transacting business, and that a social gathering of Board members at which business is not (and will not be) transacted is not a "meeting" for purposes of this section. 19. If the County determines that the Department has failed to render the fire protection and other emergency services to the District as provided in this agreement, then the County shall give the Department ninety (90) days advance written notice that the funds allocated are subject to suspension. If during the said ninety (90) day period, the Department makes improvements satisfactory to the County, no suspension shall occur. During the ninety (90) day period, the Department is not relieved of their responsibility to provide fire protection and other emergency services in a manner otherwise consistent with the terms of this agreement. 20. In the event that the Department's Board of Directors determines that the Department is unable to reliably deliver the services described herein, for any reason or no reason, the Department's Board of Directors shall immediately so notify the County, at which time the County is authorized to use such Department facilities and equipment as are necessary to maintain the delivery of fire and other emergency services in the District area (to the extent the Department exercises operational control and/or ownership interest over such facilities and equipment), so that an interruption of the Department's ability to deliver such services will not 45

46 interfere with the standards of fire protection and other emergency services provided for in this Agreement. Should damage to Department facilities or equipment occur during the operation described herein, the County will indemnify and save harmless the Department from any and all liability and expenses including attorney's fees, court costs and other costs incurred by the Department caused by the negligence or willful misconduct of the County, its agents or employees up to the limits of its insurance until resumption of service by the Department. 21. In the event of a liquidation or dissolution of the Department pursuant to cessation of service or action by the Department's Board of Directors, all equipment and assets owned by the Department and not otherwise required for retirement of lawful debt will be distributed in accordance with the Department's Charter and the North Carolina Non-Profit Corporations Act, except that all assets, equipment and real property acquired with tax funds collected by County and appropriated to the Department shall be assigned to the County in a proportion equivalent to the proportion of the County's tax fund contribution to the Department's budget at the time the asset, equipment and/or real property was acquired. Such assets shall be assigned or distributed as follows: (1) by the dissolving Department to its successor in fire protection within the Department's primary service area; and/or (2) to other fire departments in County through, and with the approval of the County's Board of Commissioners. The County agrees that, given the infrequent nature of such a liquidation or dissolution, receipts from such sale will not be considered revenues for purposes of offsetting Fire Service District Tax rate adjustment in support of Fire District capital improvements. This section shall not apply if the dissolution is the result of a deliberate act on the part of County to assume immediate and complete control of fire protection in the Department's service area notwithstanding the Department's willingness and ability to continue delivery of services in compliance with this agreement. 22. The Department shall use the funds subject to this Agreement in accordance with the annual Department Budget. The parties further agree as follows: a. The Department agrees to utilize a formal bidding processes in compliance with North Carolina laws. b. The Department and County agree that the purchase via state contract or "addon" purchase to a contract competitively bid by another department party to this Agreement, or by another North Carolina unit of government meets the requirements of this section. c. Department and the County agree that, in the event of a bona fide emergency, the Department may proceed with emergency purchases without seeking formal or informal bids as described herein. 46

47 23. The Department shall obtain and keep in force during the term of this agreement the following minimum insurance coverage: a. Worker s Compensation at the statutory limits in compliance with applicable State and Federal laws. The Contractor shall ensure that any subcontractors also have workers compensation coverage at the statutory limits. b. Employer s Liability - with minimum limits of $1,000,000 each accident/$1,000,000 disease each employee/$1,000,000 disease policy limit. c. Commercial General Liability - covering all operations performed by the Contractor with a minimum limit of $1,000,000 per occurrence with a $3,000,000 aggregate. d. Professional Health Care Liability - covering the Contractor s acts, errors, or omissions in the rendering of or failure to render professional health care services with a minimum limit of $1,000,000 per occurrence with a $3,000,000 aggregate e. Business Automobile Liability - covering all owned, non-owned, and hired vehicles used in performance of the contract. The minimum combined single limit per occurrence shall be $1,000,000 and shall include uninsured/underinsured motorist coverage per NCGS f. Excess or Umbrella Liability shall extend an additional $1,000,000 limit / $3,000,000 aggregate over the underlying commercial general liability, professional health care liability, and business auto liability insurance. Any additional insured under any policy of the underlying insurance will automatically be an additional insured under this insurance. 24. The Department shall provide the County with certificates of insurance evidencing the above amounts. The liability certificates shall name Buncombe County as additional insured under the policies. The certificates shall provide that policies shall not be canceled or changed until thirty (30) days written notice has been given to the County. All insurance shall be procured from reputable insurers authorized to do business in North Carolina. 25. Providing and maintaining adequate insurance coverage is a material obligation of the Department and is of the essence of this contract. The Department may meet its requirements of maintaining specified coverage and limits by demonstrating to the County that there is in force insurance with equivalent coverage and limits that will offer at least the same protection to the County. The Department shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage 47

48 under each insurance policy maintained by the Department shall not be interpreted as limiting the Department s liability and obligations under the contract. 26. The Department shall take all actions as required to meet and maintain a 9S Rating for Initial Certification/Re-Inspection of Fire Departments in North Carolina, or better, with the North Carolina Department of Insurance. 27. The Department shall continuously comply with all applicable laws, ordinances and regulations. In particular, all fire protection services of Department shall comply with the requirements of the Office of State Fire Marshal as well as provisions of the North Carolina Administrative Code, Title 11, Department of Insurance, Chapter 5, Fire and Rescue Services Division, as same may be updated, amended or replaced from time to time. 28. Should the Department also provide emergency medical, rescue, and/or ambulance services, then the Department shall continuously comply with all applicable laws, ordinances and regulations. In particular, all emergency medical, rescue, and/or ambulance services of Department shall comply with all such services requirements of the Department of Health and Human Services as well as pertinent provisions of the North Carolina Administrative Code, Title 10A, Department of Health and Human Services, Chapter 13, NC Medical Care Commission, Subchapter 13P, Emergency Medical Services and Trauma Rules, as same may be updated, amended or replaced from time to time. Also, the Department must be continuously in compliance with all County EMS and the North Carolina Office of EMS requirements and retain all necessary licenses and permits from the North Carolina Office of EMS. 29. The bylaws of the Department shall have reasonable provisions enabling citizens of the District to participate in the affairs of the Fire Department, as determined necessary by the Fire Department Board of Directors. Cases in which the Department loses or receives a reduced rating will be examined by the County Department of Emergency Services. 30. The Department shall take all actions as required to maintain its present nonprofit corporation status pursuant to Chapter 55A of the North Carolina General Statutes. 31. Department shall indemnify, defend and hold harmless the County and its subsidiaries, divisions, officers, directors and employees from all liability, loss, costs, claims, damages, expenses, attorney fees, judgments and awards arising or claimed to have arisen, from any injury caused by, or allegedly caused by, either in whole or in part, the performance of this Agreement or the actions of the Department its officials, employees, or students under this Agreement up to the limits of its insurance. Department shall indemnify the County in all instances except where the County is primarily negligent through an act or omission. Nothing herein shall be construed as a waiver on the part of the County to any defense of any claim, 48

49 including, but not limited to the defense of governmental immunity. And, that the County's obligations under this paragraph shall be limited to the extent and manner of recovery pursuant to County's self-insured claim policies and North Carolina law. 32. Termination for Convenience. This Agreement may be terminated by either party at the end of any fiscal year by giving written notice of intent to terminate to the other party at least one hundred eighty (180) days prior to the expiration of the then current fiscal year. 33. Termination for Cause. In the event that Department fails to maintain applicable certifications and applicable permits from the Office of State Fire Marshal and/or the North Carolina Office of EMS and/or should any unsatisfactory condition make the termination of this Agreement in the best interests of the District then this Agreement may be terminated by County by giving Department sixty (60) days advance written notice of termination. 34. Governing Law. The parties intend that this Agreement shall be governed by the law of the State of North Carolina as follows: Mediation Any claim, dispute, or other matter in question arising out of or related to this Agreement shall be subject to voluntary non-binding mediation as a condition precedent to the institution of legal or equitable proceedings by either party. If the parties are unable to agree upon a certified mediator to hear their dispute, the Buncombe County Resident Superior Court Judge shall name a mediator to hear the matter. The parties shall equally share the mediator s fee. The mediation shall be held in Asheville at a location designated by the mediator selected to hear the matter. Legal Proceedings Claims, disputes and/or other matters in question between the parties that are not resolved by mediation shall be heard in the North Carolina General Courts of Justice in Asheville, Buncombe County, North Carolina, which said Court shall have jurisdiction to hear any dispute between the parties arising out of this agreement. The Parties hereby agree that this paragraph establishes exclusive and sole jurisdiction for any legal proceeding in Buncombe County, North Carolina. 35. Miscellaneous. (a) Notice. Except as otherwise provided in this Agreement, all notices and communications required to be sent pursuant to the terms of this Agreement shall be in writing and shall be delivered by hand delivery, certified mail, return receipt requested, or by Federal Express or similar overnight courier service, addressed as follows: County: County Manager, 200 College Street, Asheville NC Department: 49

50 . All such notices and other communications, which are addressed as provided in this Paragraph, shall be effective upon receipt. The parties hereto may from time to time change their respective addresses for the purpose of notice to that party by a similar notice specifying a new address, but no such change shall be deemed to have been given until it is actually received by the party sought to be charged with its contents. (b) Whole Agreement. This Agreement contains all of the agreements and representations between the parties with respect to the subject matter hereof. None of the terms of this Agreement shall be waived or modified to any extent, except by written instrument signed and delivered by both parties. (c) Severability/Survival. If any provision of this Agreement shall be declared invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The covenants contained in this Agreement, which by their terms require their performance after the expiration or termination of this Agreement, shall be enforceable notwithstanding the expiration or termination of this Agreement. (d) Execution. This Agreement shall only become binding when signed by both Department and County. The parties intend that ed signatures constitute original signatures and that an -transmitted Agreement containing signatures of the parties is binding on the parties having signed such -transmitted Agreement. The parties agree that the Uniform Electronic Transactions Act shall be applicable and enforceable as to such execution and delivery. (e) Duplicate Counterparts. This Agreement may be signed in counterparts by the parties. It is not necessary that the signatures of the parties appear on the same counterpart or counterparts. All counterparts shall collectively constitute a single agreement. Executed counterparts of this Agreement may be delivered by transmission. (f) Authority. The individuals signing this Agreement personally warrant that they have the right and power to enter into this Agreement on behalf of Department and County, to grant the rights granted under this Agreement, and to undertake the obligations undertaken in this Agreement. (g) Captions. The captions or headings in this Agreement are inserted only as a matter of convenience and for reference and they in no way define, limit, or describe the scope of this Agreement or the intent of any provision hereof. [Signature Pages Follow] 50

51 Skyland Fire & Rescue Corporation By: Its,. ATTEST: County of Buncombe Kathy Hughes, Clerk to the Board By: Wanda Greene, County Manager 51

52 APPENDIX C OSFM TECHNICAL SERVICES BULLETIN ON PERFORMANCE MODELING NC OSFM Local Government Technical Services Bulletin Released Performance Modeling for Typical Residential Structure Fire Response Assistance to Local Jurisdictions in Establishing Their Desired Level of Service BACKGROUND: Inputs influence outcomes. Within the effective delivery of fire and rescue services, response time elements are directly proportional to expected outcomes. In recent years, significant scientific research has substantiated the correlation of response times and number of trained firefighters necessary on the scene of structure fires to produce positive outcomes. Each local jurisdiction is encouraged to identify what specific hazards and risks exist in their individual communities. Also, local jurisdictions can evaluate their fire and rescue level of service or standard of cover for each type of service that they provide. From this collective information, progressive jurisdictions can effectively set a positive course for continuous improvement. In order to strengthen fire protection service delivery systems and to empower local jurisdictions to more clearly determine what the appropriate level of response may be for their individual community s level of risk and clearly stated desired outcomes, the following illustrative models are offered to establish some basic, minimal framework for response to typical residential structure fires within a North Carolina rated fire insurance district. Using dynamic indicators, these illustrative models are presented with the optimum desired outcome of confining and containing a typical (<2,000 square feet), occupied, residential structure fire to the room or area of origin when fire hydrants are available. Aligning North Carolina s growth patterns with national consensus standards and fire service industry best practices provided the foundation for these models. Also, it is important to note that times identified recognize total response time, beginning when the citizen first dials These models for typical residential structures are only guidelines for evaluation and solely designed as a tool for use by local jurisdictions. Models for fire response to properties with higher risks demand more thorough analysis, more robust resources and stronger performance measures. Graphic Source: Fire Engineering 52

53 TYPICAL CASCADE OF EVENTS FOR A STRUCTURE FIRE: Pre-Response: Recognition of fire Notification call made to Total Response Time (measurable): Receipt of call and dispatch of fire department(s) = approx seconds (NFPA) Firefighter acknowledgement and fire equipment rolling adds 80+ seconds (NFPA) Travel time adds approximately 141 seconds per road mile (ISO) Arrival at the fire scene Post-Response: Accessing, locating the fire, and taking necessary mitigating actions TYPICAL RESIDENTIAL MODEL - FIRST ARRIVING FIRE APPARATUS: For 90% of all typical residential structure fire incidents, at least one initial arriving fire apparatus along with at least four (4) adequately trained firefighters should arrive within (determined locally) minutes total response time and be prepared to take immediate action in accordance with department protocols. Approximate Range of Credible Response Time Within State Rated Fire Insurance Districts Area Density per Sq. Mile Fire Station Prevalent ISO Rating Total Response Time URBAN >2,000 people within 2 miles minutes NON-URBAN people within 4 miles minutes RURAL <500 people within 6 miles minutes 53