HomeMy WebLinkAboutAgenda - 03-16-2004-8fORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 16, 2004
Action Agenda r
Item No. T
SUBJECT: Approval of East Alamance Fire District Contract
DEPARTMENT: Emergency Management PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
1. Contract
2. 08/25/78 County Manager Letter
3. 08/15/78 Minutes Approving
Extension of the East Alamance Fire
District
4. Map and Legal Description
5. 06/30/03 Contract - City of Mebane
and Efland Volunteer Fire Company
INFORMATION CONTACT:
Nick Waters, ext. 3030
Mike Tapp, ext. 3030
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To approve a contract between Orange County and the City of Mebane related to
the City's provision of fire protection services in the East Alamance Fire District.
BACKGROUND: Staff recommends that the Board of Commissioners approve the
accompanying contract between the County and the City of Mebane related to the East
Alamance Fire District. This purely administrative action will have no effect on the delivery of
fire protection services to citizens and properties in the East Alamance Fire District, nor on the
costs for providing those services or the tax rate required to produce the revenue to pay for
those services. It represents what is in effect a housekeeping detail that will continue
arrangements that have existed for a quarter of a century. Formal approval of the contract will
assist the City of Mebane as it prepares for the triennial inspection of the East Alamance District
by the North Carolina Department of Insurance,
In 1978, the boundary of the East Alamance Fire District was extended to cover a portion of the
western section of Orange County. This area is within four (4) miles of the Mebane Fire
Department and was not in a rated insurance district, Efland Volunteer Fire Company,
Incorporated, had identified this as an area outside their rated fire insurance district and
contracted with Mebane Fire Department to provide fire protection services in that area. That
contract has been in place since that time and a new contract was signed between Efland
Volunteer Fire Company, Incorporated and the City of Mebane in June 2003.
The East Alamance Fire District is scheduled to be inspected in March, 2004 by the North
Carolina Department of Insurance for insurance rating purposes. Recently, staff from the North
Carolina Department of Insurance met with representatives from the Mebane Fire Department
to review all necessary documents. In their review, it was determined that a contract between
the County of Orange and the City of Mebane for fire protection was needed (note that since
1991, Orange County has had contracts in place with each volunteer fire department for the
provision of fire protection services to each fire district in Orange County). Because the County
had approved the extension of the East Alamance Fire District into Orange County many years
ago, Department of Insurance representatives determined that a contract between the County
and the City is one of the required documents necessary for the fire district to receive a
response rating survey.
As noted above, this contract will not change existing fire protection services in the County, The
City of Mebane has already approved the contract and the Mayor has signed the contract.
FINANCIAL IMPACT: The approval of this contract has no financial impact on the County.
Financial arrangements are provided in the contract between the Efland Volunteer Fire
Company, Incorporated and the City of Mebane. Efland will continue to pay the City of Mebane
for its coverage of this area through fire district taxes levied annually by the BOCC and remitted
to the Efland Volunteer Fire Company for that purpose, under its contract with the County.
RECOMMENDATION(S): The Manager recommends that the Board approve the contract and
authorize the Chair to sign it.
NORTH CAROLINA
ORANGE COUNTY
This contract, made and entered into this day of , 2004, by and
between the CITY OF MEBANE, a municipal corporation, hereinafter referred to as the
City, and the COUNTY OF ORANGE, hereinafter' called the County
WITNESSETH:
That for and consideration of the mutual covenants hereinafter contained, and pursuant to
authority granted by North Carolina General Statutes 160A-I I and 160A-293, do hereby
covenant and agree as follows:
1. The City agrees to furnish and provide continuing fire protection services to all
property within the East Alamance Fire District lying outside the boundaries of
the City: and
2. Payment for fire protection service is provided through an existing contract
between the City and the Efland Volunteer Fire Company, Incorporated,
which is attached hereto and incorporated herein as Exhibit A to this
agreement.
This contract shall renew automatically each fiscal year on the first day of July,
and shall continue in effect until terminated by either party hereto, upon three hundred
sixty five (365) days written notice to the other party provided, however, the contract
shall terminate automatically if the existing contract with Efland Volunteer Fire
Company, Incorporated terminates.
IN WITNESS WHEREOF, the County has caused this document to be executed
by the Chair of the Board of County Commissioners and attested by the Clerk to the
Board of County Commissioners, and the City has caused this document to be executed
by the Mayor' and attested by its Clerk.
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
BY:
Chair
ATTEST:
BY:
Clerk
CITY OF MEBANE
BY:
Mayor
ATTEST:
BY:
Clerk
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r
ORANGE COUNTY COMMISSIONERS
Room No. 12
106 FAST MARGARET LANE
HILLSBOROUGH. N. C-
27278
RLLOARO Wflmeu. C6ai.m.A
NORMAN WALKn
NORMAN GVS AVe,ON
)AN PMNRY
DONAM WILLNOM
August 25, 1978
iV
North Carolina Insurance Service Office
P.O. Box 2021
Raleigh, NC 27602
Gentlemen:
The Orange County Board of Commissioners approved the attached
map and boundaries in Orange County from point 13 through point 22,
at their Monday, August 15, 1978 meeting.
Please find enclosed, per your request, a copy of the minutes.
The motion made to approve the legal description and map of the
East Alamance Fire District is on page 4, lines 8 through 30 and
continued on page 5, lines 2 through 8.
Yours truly,
Sam M. Gattis, Acting Clerk
Orange County Board of Commissioners
SMG:dcr
enclosure
'? ,,"
NOV-13-2003 17:39 FROM: TO:96BA066 P.3+8/
ORANGE COUNTY BOARD OF COMMISSIONERS
AUGUST 15, 1973
The Board of Commissioners of Orange County met at 7:30 PJ1 on Tuesday, August 15,
177L' in the Commissioners Room of the Courthouse in Hillsborough. Commissioner Norman
r,_ Gustavason eras absent.
7„ The Clerk submitted minutes of the board's August 7, meeting. These minutes were
g. aporoved after correction..
o. Five items were added to the agenda previously prepared for this meeting:
1Q Itera ,°. The Manager will report results of a bid opening for a new boiler
„ at Northside School.
Item 99. A public hearing concerning the closing of Leonard Road,
Item 7"10. Approval of a map and description of the East Alamance Fire District
4, District.
Item F11. A budget ammendment to implement the leasing of space in Carr Hill
Mall for the Health Department.
i/. Item T12. Discussion of possible use of the Old Cedar Grove School by the
Orange County Board of Education.
Agenda item 9: The Chairman called to order a public hearing to consider the closi
'0. of Leonard Road.
21. Mr_ A. W. Turner, representing the petitioners, stated he had published all legally
22, required notices, filed a letter from the State Department of Transportation indicating
?7, the road in question is not a part of the State Highway System, and notified in writing
2 ; all persons owning property along the proposed closing of the petitioners request to the
25. Board of County Commissioners and of this hearing. His clients were now requesting the
25. Board of County Commissioners to order the closing of this road.
17, Chairman Richard 1.4hitted asked for anyone opposing the closing of this road, or an./..
26. having questions about this proceedinn to come forward and speak,
29. Hr. Tommy Leonard asked specifically if this proceeding proposed the closing of
10. Leonard Road, north of Gwen Road. Mr. Turner responded that the petitioners were not
NOV-13-2003 17:39 FROM: 70:9684066 P.418
1
at Northside School.
Acme Plumbing and Heating S 9,979.00
Comfort Engineers $12,690.00
Suggs Plumbing and Heating 512,710.00
Commissioner Jan Pinney moved the Board of County Commissioners accept this report
7. Commissioner Don Willhoit offered a second. Vote ayes 4, noes 0.,
Agenda item 10.: Commissioner Jan Pinney moved the Board of County Commissioners
?. approve the following, a legal description and map of the East Alamance Fire District:
Beginning at point (1) at the intersection of N. C. Highway 119 and Road 1913; thence s
westerly to point (2) at the intersection of Roads 1915 and 1917; thence southwesterly
th= centerline of Road 1915 to point (3) at its intersection with Road 1921; thence sou
easterly to point (4) on Road 1921, 0.15 mile southeast of its intersection with Road 1
excluding property on Road 1921 between this and the preceding point; thence southweste
to point (5) on U. S. Highway 70, 1.0 mile east of its intersection with Back Creek; tI
southerly to point (6) at the intersection of Roads 1940 and 2011; thence southwesterly
along the centerline of Road 1940 to point (7) at its intersection with Road 1981; then
southeasterly to point (8) at the intersection of Road 1981 and Interstate 85, includir
I". property on Road 1981 between this and the preceding point; thence southerly to point i
10. N, C. Highway 119, 0,3 mile southwest of its intersection with Road 2133; thence south-
easterly to point (10), on Road 2133, 0.3 mile south of its intersection N. C. High.aay
?<. thence northeasterly to point (11) at the intersection of Roads 2126 and 2131; thence
southeasterly to point (12) at the deadend of Road 2130; thence southeasterly to point
it the intersection of Roads 1007 and 2132; thence northeasterly to point (14) on Road
0.7 mile southeast of its intersection with Road 1142; thence northeasterly to point ('.
{r,, Road 1139, 0.2 mile southwest of its intersection with Road 1141; thence northeasterly
/. point (16) on Road 114, 0.6 mile south of its intersection with Road 1144, thence norti
to point (17) at the intersection of Road 1144 and 1114, including all property on Roac
>?. between this and the preceding point; thence northerly along the centerline of Road 11:
;?, point (18) at its intersection with Road 1310; thence northeasterly along the centerlir
NOV-13-2003 17:40 FROM:
TO:9684066 P.518 0
Paid 1310 to point (19) on Road 1310, 0.2 mile south of its intersection with Road 1306;
thence northerly to point (20) at the intersection of Roads 1310 and 1.306, excluding all
prcoerty on Road 1310 between this and the preceding point; thence northwesterly to poin
(2l) on Road 1343, 1.2 r,fles northeast of its intersection with Road 1344; thence northtir
Orly to point (22) on Road 1345, 2.1 miles north of its intersection with Road 1306; then
northwesterly to point (1), the beginning.
CoT.missioner Norman Walker offered a second. Vote 4 ayes, 0 noes.
Agenda item 12: The County Superintendent of Schools, Dr. Mike Simmons, advised thr
ho: •d cr County Commissioners that progress made by the contractor on the Efland C:heeis
School addition had not been up to expectations and that the facility would not be ready
school opening in September. The County Board of Education would like permission to use
-, Cedar Grove School's south wing pending completion of their facility at Efland Cheeks. I
l., more detail his staff explained the school's need for as many as eleven classrooms, some
recre,rtional space and as much supporting space such as office, lounge and sick room area
jr, possible. The school will place between 230 and 250 students there.
7, Chairman Richard tlhitted suggested a temporary move of the senior citizens' area to
cafeteria in order that the school might use the entire south wing of the building. Comr
sioner Don Willhoit suggested the possibility of using a mobile classroom as the school
:n, library, thus allowing the senior citizens to either remain in their present location or
31. use the mobile classroom and still have a room of their own, The Board of Education respor
22. saying moving and setting up of a mobile classroom on this site would cost about 53,000.
2,, felt a move to the lunchroom area for the senior citizens would be the more practical thir
2,;, to do.
2,.. Comissioner Lon 141illhoit moved the Board of Education be allowed to use nine classrnr
at this site and that they share use of the general purpose area and the library area with
y• JO!1CA, if a suitable place for the senior citizens can be secured. Dr. Simmons asked if t
Board of Education might not be permitted to share with JOCCA its lounge and sick room are
also. Dr. Simmons also stated the Board of Education would prepare an area in the cafeter
;, for tine use of the area's senior citizens.
NOV-13-2003 1,7:40 FROM: 70:9684066 P.6I l,9l
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NOU-13-2003 17:41 FROM: 70:9664066 P.7
EAST ALMMANCE FIRE DISTRICT
Alamance and Orange County
Served by: Mebane Fire Department
Beginning at point (1) at the intersection of N, C. Highway 119 and
Road 1913; thence southwesterly to point (2) et the intersection of Roads
1915 and 1917; thence southwesterly along the centerline of Road 1915 to
point (3) at its intersection with Road 1921; thence southeasterly to point (4)
on Road 1921, C.15 mile southeast of its intersection with Road 1927, excluding
property on Road 1921 between this and the preceding point; thence southwesterly
to point (5) on U. S. Highway 70, 1.0 mile east of its intersection with
Back Creek; thence southerly to point (6) at the intersection of Roads 1940 and
2011; thence southwesterly along the centerline of Road 1940 to point (7) at
its intersection with Road 1981; thence southeasterly to point (8) at the
intersection of Road 1981 and Interstate 85, including all property on
Road 1981 between this and the preceding point; thence southerly to point
(9) on N. C. Highway 119, 0.3 mile southwest of its intersection with Road 2133;
thence southeasterly to point (10), on Road 2133, 0.3 mile south of its intersection v
N. C. Highway 119; thence northeasterly to point (11) at the intersection or Roads
2126 and 2131; thence southeasterly to point (12) at the deadend of Road 2130;
thence southeasterly to point (13) at the intersection of Roads 1007 and 2132;
thence northeasterly to point (14) on Road 1140, 0.7 mile southeast of its
intersection with Road 1142; thence northeasterly to point (15) on Road 1139,
0.2 mile southwest of its intersection with Road 1141; thence northeasterly
to point (16) on Road 1114, 0.6 mile south of its intersection with Road 1144,
thence northerly to point (17) at the intersection of Road 1144 and 1114, including
all property on Road 1114 between this and the preceding point; thence northerly
along the centerline of Road 1114 to point (18) at its intersection with Road
1310; thence northeasterly along the centerline of Road 1310 to point
(19) on Road 1310, 0.2 mile south of its intersection with Road 1306; thence
NOU-13-2003 17:41 FROM: T0:9684066 P.BiB?
EAST' ALA14ANCE FIRE DISTRICT
PAGE TWO
northerly to point (20) at the intelsection of Roads 1310 and 1306, excluding
all property on Road 1310 between this and the preceding point; thence north-
westerly to paint (21) on Road 1343, 1.2 niles northeast of its intersection
with Road 1344; thence northwesterly to point (22) on Road 13116, 2.1 miles
north of its intersection with Road 1306; thence northwesterly to point (1),
the beginning.
03 11:00 FROM:
NORTH CAROLINA
ORANGE COUNTY
TO:96e4066
FIRE SERVICE AGREEMENT
This contract, made and entered into this the -30 day of .June, 2003, by and
between Efland Volunteer Fire Company, Inc., a nonprofit corporation with its principal
office in Orange County, North Carolina, party of the first part (hereinafter referred to as
"Efland") and the City of Mebane, a North Carolina municipal corporation, located in
Alamance and Orange Counties, North Carolina, party of the second part (hereinafter
referred to as "Mebane").
WITNESSETH:
THAT WPEREAS by agreement dated June 1, 1998, Mebane, through its file -
department, did agree to provide fie protection within certain portions of the Efland Fire
Protection District; and ,
WHEREAS the areas in which Mebane has provided primary fire protection
services is described as follows:
Beginning at a point where Orange County Road # 1340 intersects the Alamance
County line, thence along said Alamance County line in a southerly direction until said
line intersects Orange County Road # 1007, thence along said road to intersection of
Road # 1117, thence along said road to intersection of Road # 1120, thence along said
road to intersection of Road # 1114, thence along said road to intersection of Road #
1310, thence along said road to intersection of Road # 1306, thence along said road to
intersection of Road # 1342, thence along said road an imaginary projection of said road
to a point where it would intersect with Road # 1340, thence along said road to the point
of beginning; and
WHEREAS, the City of Mebane 'ias annexed a portion of the property lying
within said described area and it s required by North Carolina General Statute Section
160A-49.1 to negotiate a five year contract to provide fire protection in the area annexed
by the City which was within the Efland Fire Protection District; and
WHEREAS, the City of Mebane is willing to compensate Efland Fire Protection
District and the Efland Volunteer Fire Company, Inc. for estimated lost revenues arising
out of said annexation and as a portion of said compensation to continue fire protection
for five years beginning July 1, 2003 in all of the area described above notwithstanding
that a substantial portion of said area that remains in the Efland Fire Protection District
and was not annexed by the City.
P.1
?a
NOW, THEREFORE, the City of Mebane agrees that it will, through the Mebane
Fire Department, provide fire protection services to the area described above for the
period beginning July 1, 2003 and ending June 30, 2008.
•3 11.:01 FRDM:
70:9684066
Nature of Protection: Upon call by or on behalf of any resident, business or
property owner of the described area, party of the second part will dispatch to the area,
and utilize in combating such fires as may exists, such equipment and as many men as the
Fire Chief, or, his designate, deems, in his sole and absolute discretion, available under
the circumstances. From the moment any of the fire personnel of the party of the second
part arrive within the Efland Fire District in response to a call, such person as in
command of the detail shall assume absolute command of all activity being carried on, on
property on which there is a fire and all persons on that property shall be subject to his
absolute direction and control.
Such fire personnel shall have sole discretion as to the manner in which such fires
as may exist are combated and what men and equipment are to be committed thereto.
Party of the second part, through its Fire Department, shall exert its best efforts under the
circumstances in combating said fires. Party of the first part shall in no way be liable for
actions of the party of the second part for its failure or lack of success in connection
therewith or for damage done to property of residents, businesses or property owners of
the Efland Fire District or to that of their agents, servants, employees, licensees or
invitees, by virtue of or arising out of the same. All obligations of party of the second
part shall be secondary to providing protection for their own citizens.
The City of Mebane agrees to pay and the Efland Volunteer Fire Company, Inc.
agrees to accept a lump sum payment in the amount of $12,630.45 as good faith
compensation required by North Carolina General Statutes Section 160A-49.I. Said
payment shall be made within ninety (90) days of the execution of this agreement by both
parties, Additionally, the City of Mebane agrees that it will provide the fire services
within said defined area more fully described above at no additional charge to Efland
Volunteer Fire Company, Inc. Both parties agree that the Efland Fire Protection District
will continue to level its fire protection tax in those portions of the area described above
which have not been annexed by the City of Mebane and that the proceeds of said tax
shall be distributed to Efland Volunteer Fire Company, Inc.
The payments and service provisions outlined above are hereby accepted by
Efland Volunteer Fire Company, Inc. in full and complete satisfaction of the City of
Mebane's obligations pursuant to North Carolina General Statutes Section 160A-49,1.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
CITY OF MEABNE EFLAND VOLUNTEER FIRE CO., INC.
By: A 492 st.
ay President
Glendel Ste henson Ronnie McAdams, Sr.
P.2 ^
J
•3 11:01 FROM:
By: a
Citygee
Robert L. Wilson
By: zr8. ,
Fire ChigV?
Robert J. Louis
NORTH CAROLINA
ORANGE OCUNTY
T0: 9684066 P.3?''``
t,I ?t
SecretaryA Treasurer
Lonnie J.. Adams
I, lv"?Q ?l\MCoI Notary Public, do hereby certify
that Ronnie McAdams, Sr. and L.ona e J Adams, officials of the Efland Volunteer Fire
Company, inc., each personally appeared before me this day and acknowledged the due
execution of the foregoing and attached contract.
Witness my hand and notarial seal, this Aj day of G1pp?C__ ?14 r _ _
2003,
ry, Public ?\-
My Commission Expires: N
NORTH CAROLINA
ALAMANCE OCUNTY
1, Notary Public, do hereby certify
that Glendel Stephenson, Robert L. Wilson and Robert J. Louis officials of the City of
Mebane, each personally appeared before me this day and acknowledged the due
execution of the foregoing and attached contract.
Witness my hand and notarial seal, this z2 ma? day of.
2003.
No rY Public
My Cormnission Expires: 7 7 006