HomeMy WebLinkAboutAgenda - 06-30-1997 - 8ff N.
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 30, 1997
Action Agenda
Item No. g
SUBJECT: Renewal Agreement-Town of Hillsborough Fire Inspections
DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N)
BUDGET AMENDMENT: (Y/1S)
ATTACHMENT(S): INFORMATION CONTACT:
6/6/97 Letter from Town of Hillsborough Nick Waters, ext 3030
Renewal Agreement
Original Agreement
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
PURPOSE: To consider renewing the existing agreement between Orange County and the Town
of Hillsborough whereby County personnel perform State mandated fire inspections on behalf of the
Town.
BACKGROUND: In November 1993, Orange County and the Town of Hillsborough entered into
an agreement that provides for County fire inspectors to conduct State mandated fire inspections of
facilities in the Town's jurisdiction that are subject to periodic inspection. The Town pays the
County for performance of those inspections against invoices prepared in accordance with the
County's fee schedule for fire inspections.
In discussions in May 1996,the County and Town agreed to continue this arrangement through June
30, 1997. The intent was for the Town of Hillsborough to take on its own fire inspections as of July
1, 1997. Recently,the Town notified the County that it had been unsuccessful in making
arrangements to provide for its own fire inspection program. The Town requested that the County
consider extending the existing fire inspection agreement for at least a twelve month period. At the
June 11 budget work session,the County Commissioners approved the Town's request, and directed
County staff to work out the details of an agreement renewal with Town staff and bring it back for
formal Board approval as part of the June 30 regular meeting agenda.
County and Town staffs have met and developed the attached proposed renewal agreement. Most of
the provisions of the existing agreement would remain in place. Notable changes include: the Town
agrees to pay the County an additional $5,000 in 1997-98 for performing its fire inspections; the
County will retain code enforcement authority regarding facilities that fail to comply after repeat
inspections; County staff will provide mentoring or"preceptorship" for Town staff who undergo the
training and certification process so that the Town will be able to carry out its own fire inspections;
and the agreement renewal terminates in twelve months, so that any further continuation of the .
agreement would need to be reviewed and acted upon by the County and Town before June 30,
1998.
RECOMMENDATION(S): The Manager recommends that the Board approve the renewal
agreement and authorize the Chair to sign.
Town
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Managers C)"lce
June 6, 1997
Mr. John Link,County Manager
Orange County
P O Box 8181
Hillsborough,NC 27278
RE: Extension of Agreement for Fire Inspections
Dear Mr. Link:
This letter is in reference to my letter dated June 3, 1997 requesting a 12-month
extension to our current agreement for fire inspection services with Orange County.
The Town would like to explore the possibility of handling our own fire inspections
within our current work force. I have met with Mike Tapp,Fire Marshal for Orange County,to
seek his expertise and advice in this matter. Mike has stated that it would probably take 12-18
months before someone could be certified at Level I (approximately 90%of Town inspections)
and 3-5 years before a Level III certification could be obtained.
As you can see, this is a long process and we desperately need the County's assistance.
We would ask the Board of Commissioners to consider the following at their June 11, 1997
meeting:
1. Extend the current agreement between Orange County and the Town of
Hillsborough to provide fire inspection services until the Town's employee
obtains a Level I Certification.
2. Extend the agreement further to provide fire inspection services for Level II and
III inspections until the Town's employee obtains each of these levels.
We realize that your Board of Commissioners had expected to end our agreement as of
June 30, 1997. We had expected to negotiate an agreement with the Orange Rural Fire
Department to provide this service beginning July 1, 1997,but this will not happen.
137 North Churton Street • P.O. Box 429 • HiUsboroagk, North Cwvlina 27278
919.732.2104 Far:919-732.1028
Mr.John Link
June 6, 1997
Page 2
1 will be out of Town on June 11, 1997 but Mayor Horace Johnson will attend your 7:30
PM meeting at the Homestead Center to represent the Town and answer any questions your
Board may have.
Sincerely,
Sherry C
Interim Town Manager
cc: Mayor Horace H. Johnson,Sr.
- H
RENEWAL OF FIRE INSPECTION
AGREEMENT BETWEEN
COUNTY OF ORANGE AND
TOWN OF HILLSBOROUGH
NORTH CAROLINA
ORANGE COUNTY
WHEREAS, an agreement was made and entered into as of the 1 st day of November, 1993, by and
between Orange County,hereinafter referred to as the"County", and the Town of Hillsborough,
hereinafter referred to as the "Town",whereby County performed State mandated fire inspections of
facilities within the jurisdiction of the Town, and
WHEREAS, the County and the Town mutually agree to the following:
1. The words "...and Fire Chief'are deleted from the end of the last sentence in paragraph 3.
2. Paragraph 4 is amended to include the following as the last sentence: "In addition to paying
County invoices for fire inspections performed, Town agrees to pay the sum of$5,000 annually to
County in twelve(12)equal monthly installments."
3. Paragraph 7 is deleted as written and revised to read: "County will conduct routine
reinspections of facilities that fail to comply fully with the provisions of the North Carolina Fire
Prevention Code, and will retain enforcement authority regarding facilities that fail to comply after
repeat inspections, including the exercise of civil or criminal action. The County will provide
inspection, enforcement, and have full responsibility for its own facilities that are in the Town and
in the Town's extraterritorial jurisdiction. The Town will assume responsibility for inspections and
enforcement in accordance with the North Carolina Fire Prevention Code for all subject facilities as
the Town's staff becomes fully qualified to perform inspections at various established levels. The
County will provide preceptorship for the Town's fire inspection personnel for the purpose of
assisting such personnel in attaining State certification for Level I, Level II, and Level III fire
inspections."
4. Paragraph 9 is deleted as written and revised to read: "This agreement will be in effect
through the period ending June 30, 1998. It may be revised and/or renewed beyond that date if
mutually agreed upon by both the County and the Town".
5. All other terms and conditions of the original agreement shall remain in force.
FOR AND ON BEHALF OF ORANGE FOR AND ON BEHALF OF TOWN OF
COUNTY HILLSBOROUGH
William L. Crowther, Chair Horace H. Johnson, Mayor
Orange County Board of Commissioners
Date: Date:
DATE6 '
NORTH CAROLINA ITEM
ORANGE COUNTY
This AGREEMENT, made and entered into this the 1st day of November,
1993 by and between Orange County (hereinafter referred to as
"County" ) and the Town of Hillsborough (hereinafter referred to as
"Town" ) , to provide for periodic fire safety inspections of
facilities within Town' s jurisdiction as mandated by the State of
North Carolina pursuant to the authority contained in Article 18 of
Chapter 153A and Article 20 of Chapter 160A of the North Carolna-
W I T N E S S E T H
WHEREAS, it is the desire of the County and the Town to enter into
an agreement for the provision of required fire safety inspections
by County employees of facilities within the jurisdiction of the
Town,
NOW THEREFORE, for and in consideration of the mutual terms and
agreements hereinafter set forth, the County and the Town do agree
as follows:
1. County will carry out, or cause to be carried out, within
Town' s jurisdiction the minimum schedule of inspections required to
be performed by Local governments pursuant to Section 107, Volume V
of the North Carolina Fire Prevention Code.
2 . Appropriate officials of the County and Town shall work
together to produce a schedule that identifies buildings,
structures, and premises which are of priority for inspection within
Town' s jurisdiction.
3 . County Fire Marshal will submit within five working days of the
end of each month a copy of each fire safety inspection performed
and each hazardous materials permit issued within Town' s
. jurisdiction during that month to the Town' s Code Enforcement
Officer and Fire Chief.
4 . County Finance Office will invoice Town monthly for all
inspections performed by the County and for all hazardous materials
permits issued by the County during the prior month. Town will
reimburse County for cost of all inspections performed by County,
except as provided below, within ten working days of invoice in
accordance with the current fee schedule adopted by the Board of
County Commissioners. Source of payment and method for billing for
inspections and permits under this agreement shall be at Town' s
discretion and shall, in no way, be or become a responsibility of
County.
,M r 7
5 . County will inspect all public school facilities within
County' s and Town' s jurisdictions and all facilities owned by County
within Town' s jurisdiction. County shall not invoice Town for such
inspections .
6 . In order to ensure conformity in inspections performed by
County within Town' s jurisdiction, Town will adopt all ordinances,
codes, regulations and the like that may be enacted from time to
time by County to enforce a program of fire safety and prevention.
7 . County will conduct routine re- ti ns f far-4 ? ;+-; �'--�
tnzr�w %;OUL iy- i�liy wiLn provlslons'oz t�e �ort�i Carolina Fire
Prevention Code. However, code enforcement decisions regarding
facilities that fail to comply after repeat inspections, that may
require civil or criminal action, will be Town' s responsibility.
Town shall not be responsible for enforcing code violations found to
exist in County owned buildings or public school buildings located
within Town' s jurisdiction.
8 . Nothing in this agreement shall prevent appropriate Town
agencies or personnel from assisting in the enforcement of the North
Carolina Fire Prevention Code and in detecting and reporting such
violations as they deem necessary.
9 . This agreement shall- renew annually at the beginning of each
fiscal year and may be discontinued by either or both County and
Town upon ninety days written notice to the other prior to January 1
of its intent to discontinue this agreement.
IN WITNESS WHEREOF, the undersigned do her, by cause this agreement
to be executed this � t day of /VO// �'I,be2 _, 1993 .
TOWN OF HILLSBOROUGH ORANGE COUNTY
BY: MAYOR BY: CSAIR, BOARD OF
COMMISSIONERS
ATTEST: ATTEST:
BY: TOWN CLERK BY: CLERKM"THE BO