HomeMy WebLinkAboutAgenda - 02-15-2011 - 4kORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 15, 2011
Action Agenda
Item No. ~_
SUBJECT: Interlocal Agreement with the Town of Hillsborough for Plan Review, Inspection,
Building Official and Related Services
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Interlocal Agreement
2. Cost Recovery Analysis Craig Benedict, Planning Director, 245-2592
Susan Mellot, Building Official, 245-2623
PURPOSE: To establish a formal agreement between Orange County and the Town of
Hillsborough to provide enforcement of the North Carolina Building Codes including plan review,
building official and related services pertaining to the North Carolina State Building Codes.
BACKGROUND:
Current Agreement
Currently, the Orange County Building Inspections Division provides administration and
enforcement of the North Carolina State Building Codes for the Town of Hillsborough working
under a 1974 "handshake" agreement between the Town of Hillsborough and Orange County
regarding building and electrical inspections.
Enabling Legislation
Orange County provides administration and enforcement of the North Carolina State Building
Codes for the Town of Hillsborough pursuant to G.S. § 160A-413, North Carolina Statutes, also
known as the N.C. General Statutes, Enforcement of North Carolina Building Code which
permits the Town to request the board of county commissioners to exercise their powers within
Town's jurisdiction, and they shall thereupon be empowered to do so until the Town officially
withdraws its request in the manner provided in G.S. 160A-360(8). (1969, c. 1065, s. 1; 1971,
c. 698, s. 1; 1973, c. 426, s. 64; 1993, c. 232, s.3.
Level of Service
Prior to 2004 the building division was understaffed and inspections were sometimes delayed
one to two weeks beyond the requested date. Since 2004, next day inspections are completed
99% of the time. In 2010, the County experienced a 7% decrease in inspections activity from
2009 and was able to raise the level of service by conducting same day inspections when
requested. Residential permits are processed by Inspections within 2 - 3 days (some being
issued the same day depending on project complexity) and commercial permits are processed
within 1 - 2 weeks of receipt.
Formal Agreement
A formal agreement between the Town of Hillsborough and Orange County is necessary to plan
for workload adjustments within the building division in order to maintain an acceptable `level of
service' to the residents of Orange County.
Present Activity
Private sector development activity varies according to economic and market fluctuations. The
building division staffing levels must accommodate these unanticipated workloads. This
agreement includes yearly notification from the Town of Hillsborough to Orange County Building
Inspections of approved projects within the Town. This notification will allow the building division
an opportunity to analyze impacts on existing workloads and levels of staffing for projects within
the Town along with proposed development within the County.
The agreement provides for enforcement of NC Building Codes including plan review, building
official and related services pertaining to the North Carolina State Building Codes including the
following:
North Carolina Administration and Enforcement Requirements Code
North Carolina Building Code
North Carolina Residential Code
North Carolina Plumbing Code
North Carolina Mechanical Code
North Carolina Fuel Gas Code
North Carolina Energy Code
North Carolina Accessibility Code
North Carolina Electrical Code
Modular Construction Regulations
North Carolina Existing Building Code
North Carolina Manufactured/Mobile Home Regulations
North Carolina Rehabilitation Code
This Interlocal agreement has been reviewed by the County Attorney's office. The Town of
Hillsborough approved the fnterlocal Agreement at its meeting on January 24, 2011.
FINANCIAL IMPACT: The building division collects permit fees directly from the permit
applicant for all projects within Hillsborough's jurisdiction for receipt into the general fund.
Orange County school impact fees within the Town of Hillsborough are assessed and collected
by the building division. Permit revenues within the Town are 26% of the revenue. Attachment
2 is a synopsis of cost recovery.
RECOMMENDATION (S): The Manager recommends the Board approve the Interlocal
Agreement provided at Attachment 1 and authorize the Chair to sign the Agreement.
3
Attachment 1
North Carolina
Orange County
INTERLOCAL AGREEMENT FOR PLAN REVIEW, PERMITTING,
INSPECTIONS, AND RELATED SERVICES
TO BE PERFORMED BY THE
ORANGE COUNTY BUILDING INSPECTIONS DIVISION
DEPARTMENT OF PLANNING AND INSPECTIONS
Tltis is an Interlocal Agreement, made and entered into by and between Orange County,
(hereinafter referred to as "County"), and the Town of Hillsborough, {hereinafter referred to as
"Town") shall have an effective date as of the date on which it is executed by County.
WHEREAS, this Agreement is entered into pursuant to North Carolina General Statutes
§ 160A-413, which permits the Town to request the Board of Coun#y Commissioners to direct
one or more county building inspectors to exercise their powers within the Town's jurisdiction,
and they shall thereupon be empowered to do so until the Town officially withdraws its request
in the manner provided in G.S. 160A-360(g). (1969, c. 1065, s. 1; 1971, c. 698, s. 1; 1973, c.
426, s. 64; 1993, c. 232, s.3.)
WHEREAS, the County has created an Inspections Division consisting of building
inspectors, plumbing inspectors, mechanical inspectors and electrical inspectors and building
permit technicians, and is headed by the Chief Building Official, pursuant to G.S. 153A-351; and
WHEREAS, County maintains a Department of Planning and Inspections which includes
a Building Inspections Division {"Building Division") that conducts plan review and inspections,
issues permits, enforces the building codes, authorizes facilities and capital improvements,
retains administrative records and provides building official services and other sttpporrt services
refating to the Building Division operations (hardware and software) for the County and in,
coordination with Town of Hillsborough Fire Marshal, Planning and Zoning, and
WHEREAS, the Town is desirous of procuring some of the services of the County's
Building Division for the performance of plan examinations, permitting and inspection services
within the municipal and extraterritorial jurisdictional (ETJ) boundaries of the Town as may be
changed from time to time; and
WHEREAS, County, through said Building Division, is willing to perform such services
pursuant to the terms and conditions hereafter set forth;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual terms,
conditions, promises, covenants and payments hereinafter set forth, County anel Town agree as
follows:
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ARTICLE 1-SCOPE OF SERVICES
1.1. Town thereby appoints, designates and empowers the County with authority to enforce, ail
applicable State Building Codes as adopted by the State of North Carolina and the Town of
Hillsborough. The Town empowers the County to exercise its powers and authority to
perform the Services as outlined below pursuant to the requirements of G.S. 160A~i3,
within the Town of Hillsborough and its extraterritorial zoning jurisdiction.
ENFORCEMENT OF NORTH CAROLINA BUILDING CODE INCLUDING:
PERMITTING, INSPECTIONS, PLAN REVIEW AND RELATED SERVICES AS THEY
PERTAIN TO THE NORTH CAROLL~IA STATE BUILDING CODES, WITH THE
EXCEPTION OF THE FIRE CODE, INCLUDING THE FOLLOWING:
North Carolina Administration and Enforcement Requirements Cocie
North Carolina Building Code
North Carolina Residential Code
North Carolina Plumbing Code
North Carolina Mechanical Code
North Carolina Fuel Gas Code
North Carolina Energy Code
North Carolina Accessibility Code
North Carolina Electrical Code
Modular Construction Regulations
North Carolina Existing Building Code
North Carolina Manufactured/MobileHorne Regulations
North Carolina Rehabilitation Code
Indicate service requested:
°FS" for full sei•vice,'~PS" for pac•tial se~^vice,'sNS" for no service
INSPECTIONS PLANS REVIEW PERMITTING
Building (commercial) "FS" "FS" "FS"_
Residential (1 & 2 family) _ "FS" _ "FS" _"FS"
Plumbing "FS" "FS" "FS"^
Electrical "FS" "FS" _"FS"
Mechanical "FS" "FS" _"FS"
Mobile /Manufactured _ "FS" - "FS" _"FS"
Modular construction "FS" _ "FS" _"FS"
2
5
1.2. The County shall perform the above Services through its Building Division, or any
successor division/department that the County 1Vlanager may designate.
1.3. It is understood and agreed that the County may be required to employ additional
personnel to perform the Services required under this Agreement.
l.4 The County shall perform the Services listed in this Article aiid shall charge appropriate
fees for such Services as set out in the Orange County Fee Schedule, attached as Exhibit A, and
as it may be amended from time to time.
1.5 The County shall by the 5`h of the following month, provide the Town with a monthly
activities statement detailing the number and type of permits issued, the number and type of
inspections and plan reviews completed.
ARTICLE 2 -FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY
2.1. It is specifically understood and agreed that all rights and powers as may be vested in the
Totivn through any law or ordinance or Charter provision of the Town not specifically addressed
by this Agreement, shall be retained by Torvn. It is further understood and agreed that this
Agreement is not intended to address any of the functions listed below:
a} Legal Services, (For The Enforcement Of Services Outlined in Article 1)
E.g.: Enforcement actions taken by County for Stop Work Orders, Condemnation etc.
would not be pursued in Court by County legal staff if order is not complied with. This
would be the responsibility of Town legal staff.
b) Professional Engineering.
2.2. In the event Town desires to have the County provide any of the Services identifed in
paragraph 2.1(a} or {b} above, a separate agreement shall be required between the Town and the
County. Other independent agreements are necessary to effectuate these or other service areas
not listed in Article 1.
ARTICLE 3 -RESPONSIBILITIES OF TOWN OF HILLSBOROUGH
3.1 The Town shall deliver a projection of "approved and proposed developments" by
December 7`h, each year of contract; which will describe in detail the scope and timeline of
proposes] and approved development then pending within the Town's zoning jurisdiction, so that
requited plan review and permit building square footage and associated Services may be
determined by the County, except as provided in Section 3.2.
3.2 The Town shall deliver to the County a projection of "approved and proposed
developments" for the contract year 2011, within one (1) week of the effective date of this
Interlacai Agreement.
ARTICLE 4 - COYIPENSATION
6
4.1. Permits shall be issued by the County and in accordance with the fees charged by the
County, as such fees may be amended from time to time. All fees shall be based on the
approved Orange County Fee Schedule to provide the Services set forth in Article 1.1
above. County shall retain all fees collected from the building permit applicant and no
other reimbursement from Town will be reduired.
ARTICLE 5 - TERM OF INTERLOCAL AGREEMENT
5.1. This Agreement shall become effective upon execution by the County and shall continue
in full force and effect until midnight, December 31, 2011, unless terminated by either party as
provided for herein. The Interlocal Agreement may be renewed up to four (4) additional one-year
terms upon the written agreement of both parties. If, at the expiration of the initial one-year term
of any subsequent one-year term, the parties have not renewed this Interlocal Agreement, and if
the Town has not established other means of providing the services set out in Article 1 above, the
terms and conditions of this Interlocal Agreement will continue in fitll force and effect for a
period of ninety (90) days from the date of the expiration of the one-year term. The purpose of
this ninety (90) day extension is to allow the Town sufficient time to establish provision of the
services set out in Article 1 above or to allow the parties sufficient time to extend this Interlocal
Agreement. Upon the expiration of the ninety (90) day extension, in no event and under no
circumstances ~~~iil the County provide or be obligated to provide further services of any kind
pursuant to this Interlocal Agreement or any extension thereof.
5.2. This Agreement shall remain in full farce and effect until it expires or through the
termination date or any extended termination date, as set forth above or in Article 8 -
Terminationbelow. .
ARTICLE 6 -GOVERNMENTAL IiVIMUNITY
The Town will indemnify and hold the County harmless fiom any and all claims,
demands or actions whatsoever arising fiom the County's provision of services under this
Agreement unless the same results from the intentional or negligent conduct of the County. It is
the intent of this Section that the Town indemnifies the County to the fullest extent permitted by
law.
ARTICLE 7 -INSURANCE
The County and the County's employees performing services pursuant to this Agreement
are insured to the extent permitted by law. The parties acknowledge and represent that the
Agreement does not create an obligation on part of the County to insure the Town or employees
of the Town for actions relating to or undertaken in accordance with this Agreement.
ARTICLE 8 - TERiVIINATION
Either party may terminate this Interlocal Agreement, with or without cause, by
providing notice to the other party of termination in writing at least one (1) year prior to the
effective date of terming#ion. This Interlocal Agreement may also be terminated by court order
upon the finding that there has been substantial breach of this Interlocal Agreement by the non-
complaining party so as to entitle the complaining party to be relieved of its obligations under
this Interlocal Agreement.
ARTICLE 9 -NOTICES
Any and all notices given or required under this Agreement shall be in writing and may
be delivered in person or by United States mail, postage prepaid, first class and certified, return
receipt requested, addressed as follows:
To County: Frank Clifton
Orange County Manager
200 S. Cameron Street
P.O. Box 8181
Hillsborough, N.C. 27278
With copy to: Craig N. Benedict, AiCP
Orange County Planning & Inspections Director
P.O. Box 8181
131 W. Margaret Lane, Suite 201
Hillsborough, N.C. 27278
To Totivn: Eric Peterson
Hillsborough Town 1Vlanager
101 E. Orange Street
Hillsborough, N.C. 27278
With copy to: Margaret Hauth, AICP
Hillsborough Planning & Inspections Director
101 E. Orange Street
Hillsborough, N.C. 27278
Jerry Wagner
Fire Marshal
Town.of Hillsborough
PO Box 429
Hillsborough, N.C. 27278
ARTICLE 10 -1bIISCELLANE0U5 PROVISIONS
10.1 ASSIGN1i1ENT: County shall perform the selected Services provided for in this
Agreement exclusively and solely for the Totivn 4vhich is a party to this Agreement. Neither
party shall have the right to assign this Agreement.
10.2. WAIVER: The waiver by either party of any failure on the part of the other party to
perform in accordance with any of the terms or conditions of this Agreement shall not be
construed as a tivaiver of any future or continuing similar or dissimilar failure.
8
10.3. SEVERABILITY: The invalidity of any provision of this Agreement shall in no way
affect the validity of any other provision.
10.4. ENTIRE AGREEMENT: It is understood and agreed that this Agreement
incorporates and includes all prior negotiations, agreements or understandings applicable to the
matters contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations of agreements, whether oral or written.
10.5. MODIFICATION: It is further agreed that no modifications, amendments or
alterations in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith. This section
shall not apply to the Orange County Fee Schedule attached hereto as Exhibit A.
10.6. CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or Legal disputes
arising out of this transaction and any action involving the enforcement or interpretation of any
rights hereunder shall be submitted to the jurisdiction of the State courts of the State of North
Carolina, seated at Orange County, North Carolina, and shall be governed by the laws of the
State of North Carolina. To encourage prompt and equitable resolution of any litigation that may
arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such
litigation and will submit to bench trial.
I0.'1. DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and
shall not be more strictly construed against any party because of such party's preparation of this
Agreement.
10.8. RECORDING: This Agreemeirt may be recorded in the public records of Orange
County, in accordance with the North Carolina General Statutes.
IN WITNESS WHEREOF, the parties hereto have made and executed this Interloeal Agreement
Between Orange County and Town of Hillsborough for selected Services to be Performed by the
Orange County Planning and Inspections Department, Building Division on the respective dates
under each signature: Orange County through its Board of County Commissioners, signing by
and through its Chair or Vice Chair, authorized to execute same by Board action on the
of (sate) and the Town, signing by and through its
,authorized to execute same by Commission action on the
day of (date).
Orange County, North Carolina
By:
Bernadette Pelissier, Chair, Board of Commissioners
ATTEST:
Donna S. Baker, Clerk to the Board
`~11111f11E~F1~
Orange County Board of Commissioners `~~~` ~F (-{~L~S,''<,,~
.~~ &~ '~,
Town of Hillsborough, North Carolina ~ O~~` '~O '~
-~''""`~ > h. 'I'owa ~~'•`'=' G '
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By: ..
Eri eterson, Town Manager : ?- ,~
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A~rT~:~~~r: , '~~~~' ~aRO~`~~~ ,
~fi~,ii~s~~~~
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Approved as to technical content: ~i.~,~~~, `•~ f~ ~~
Susan Mellott, Orange Couunty Chief Building Official
Approved as to form and legal sufficiency:
Approved,as to technical content:
Approved as to form and legal sufficiency:
John Roberts, Orange County Attorney
i
:~~
Jerry gner, Hillsboro h Fire Marshal
Robert Hornik, Hillsborough To4vn Attorney
This instrl~rnent has been
preaudited in the manner required
by the Local ~xovernment Budget
and 'scal Control Act.
~~~ ~~
Mc~atr ~`icc~a/
Attachment 21 0
ORANGE COUNTY INSPECTION SERVICES WITHIN HILLSBOROUGH JURISDICTION
COST RECOVERY ANALYSIS
From Fiscal Years 2002/2003 Thru 2009/2010
PERMITS
Hillsborough 5,861
Orange County 22,807
ou ~o
INSPECTIONS
Hillsborough 26,054
Orange County 101,912
au7o
REVENUE
Hillsborough $1,428,062
Orange County $4,125,080
74
Direct Inspection Personnel Costs Per Year (Inspection Staff only)
Inspections within Hillsborough Jurisdiction
Direct Personnel Costs (Estimated) ($~oo,ooo * Zo°io)
Hillsborough % of Budgeted FY 2010/2011 Revenue ($511,000 * 2s°io)
Total Cost Recovery (Estimated)
~noi
~n°~
~%
$700,000
20%
$140,000
$132,860
95%