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HomeMy WebLinkAboutAgenda - 09-29-1999 - 8pORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 29, 1999 Action Agenda Item No. ~ ` T~ SUBJECT: Reciprocal Inspection Agreements Between Carrboro and Orange County and Chapel Hill and Orange County DEPARTMENT: Planning PUBLIC HEARING: (Y/1~ No ATTACHMENT(S): INFORMATION CONTACT: Resolutions Craig Benedict, Director Agreements Ext. 2592 G.S. 153A.353 TELEPHONE NUMBERS: Hillsborough' 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider the attached resolutions which would authorize the County Manager to sign reciprocal agreements between the Town of Carrboro and Orange County and Chapel Hill and Orange County to assist each other in inspection services under extenuating circumstances. BACKGROUND: North Carolina Chapter 153A.353 "Joint Inspection Department: Other Arrangements" permits counties to enter into and carry out contracts with one or more other counties or cities to enforce those State and local laws and ordinances and regulations specified in the agreement. Presently, there is an Orange County Planning and Inspections Department, Building Inspections Division staff shortage primarily due to a resignation of one of four field inspectors. In addition, existing staff is further stretched by increasing building permit activity, lack of cross-trade certification, and more thorough review of plans and conduct of inspections. These aspects in addition to my program to provide. for more accountability and measurement of staff activity has created the need for part time help to handle the existing workload. Typical methods of hiring part time help do not apply in the case of hiring North Carolina certified code inspectors because of state statutes and the regulations associated with certified inspectors. The complicating issues include individuals cannot conduct any independent building trade business in the subject jurisdiction, their work should not affect their existing job duties, requirement to carry personal insurance for errors, omissions and liability. This proposed agreement would enable Carrboro and Orange County to reciprocate a building plan review and inspections services between jurisdictions on an as-needed and agreed upon basis for a variety of situations. These situations can include increased workload in a certain jurisdiction, loss of employees due to extended illnesses or resignation, special construction project requiring unique building trade certifications and special disaster response work. Policies .and procedures have been put in place to ensure the most efficient use of this part time help. Procedures include having the new inspectors service a district close to their home base, creating continuity for multiple inspections at each residence and printing GIS maps and inspection notes for expeditious inspection activity. The primary issue relates to our one certified Electrical Inspector who cannot complete the amount of electrical inspections. The sole certified electrical inspector has agreed to work overtime. The county began the hiring process for a new inspector two weeks ago but the process is time consuming and the employment market is slim. 2 Due to the regular resignation replacement and part time help hiring time schedule, complaints are likely to surface in this interim period. My staff and I are resolved to handle this critical period with teamwork and professionalism. Ihave personally spoken with many building contractors to ask for their patience and understanding that we are inevitably working on a better building service function that will assist the contractor trade and our joint customers; the residents and business. FINANCIAL IMPACT: There is financial impact to the Planning and Inspections Department budget where personnel services budgeted amounts are available due to the employee resignation. These funds will be used to pay for contracted inspection services. In addition, building permit revenue is ahead of fiscal projections to further reduce a fiscal impact. RECOMMENDATION(S): That the Board of County Commissioners adopt the attached resolution authorizing the County Manager to enter into reciprocal agreements between the Town of Carrboro and Orange County and Chapel Hill and Orange County Inspections Departments to assist each other. 3 MEMORANDUM To: Chair and Commissioners Thru: John Link, County Manager From: Craig Benedict, Planning Director Subject: Reciprocal Inspection Agreement between Chapel Hill, Carrboro and Orange County Date: September 14, 1999 The attached resolution would authorize the County Manager to sign a reciprocal agreement among the towns of Chapel Hill, Carrboro and Orange County to assist one another in inspection services under extenuating circumstances. Discussion Local governments do not generally allow their inspectors to work in other jurisdictions unless authorized by the governing body. This proposed agreement would allow Chapel Hill, Carrboro and Orange County Inspections Departments to have mutual cooperation. in the event of an emergency, or such as when an inspector certified to perform a particular type of inspection is unavailable. Presently there is an Orange County Building Division staff shortage because of a resignation. The primary issue is our only .one certified Electrical Inspector cannot complete the amount of electrical inspections. The sole certified electrical inspector has agreed to work overtime. The county began the hiring process for a new inspector two weeks ago but the process is time consuming and the employment market is slim.. I will also contact the City of Mebane to ascertain if they have an interest in a similar agreement. Recommendation: That the Board of County Commissioners adopt the attached resolution authorizing the County Manager to enter into a reciprocal agreement among the Towns of Chapel Hill, Carrboro and Orange County Inspections Departments to assist one another. RESOLUTION A RESOLUTION APPROVING A RECIPROCAL AGREEMENT BETWEEN THE TOWN OF CARRBORO AND ORANGE COUNTY WHEREAS, the Town of Carrboro and Orange County desire to establish a reciprocal agreement to assist one another under extenuating circumstances; and WHEREAS, the Town of Carrboro and Orange County are required by the State of North Carolina to perform and conduct the inspections of buildings according to specific certifications issued by the North Carolina Building Code Qualification Board; and WHEREAS, Carrboro or Orange County may from time-to-time due to extenuating circumstances need assistance from one another to perform a specific type or level of inspections; and WHEREAS, it is in the best interest of each jurisdiction to mutually cooperate to provide timely service to their citizens. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Board resolves: Section 1. That the County Manager is authorized to execute the attached agreement relating to the provision of inspection services to the Town of Carrboro by the Orange County Building Inspections Office. Section 2. That this resolution shall become effective upon adoption. This is the 29a' day of September 1999. Alice M. Gordon, Chair ordon Orange County Halkiotis Board of County Commissioners Carev Brown Jacobs Clerk to Board of County Commissioners AYE NAY 4 5 RECIPROCAL AGREEMENT FOR INSPECTION SERVICES'BETWEEN THE TOWN OF CARRBORO AND ORANGE COUNTY This agreement is entered into this day of , -1999, by and between the Town of Carrboro and Orange County.. In consideration of the premises and the mutual promises set forth below, the parties hereby agree as follows: Carrboro and Orange County agree to provide reciprocal building, electrical, plumbing and mechanical inspections under the following extenuating circumstances: a) In the event of an emergency; b) Due to the lack of a certified inspector for a specific job, i.e., schools, .parking decks, and large commercial buildings; c) In the event that a Jurisdiction's Building Inspector residing within the jurisdiction of employment should build or renovate their own structure requiring inspection services by their Department of Division. d) In other events that are unforeseen and create an undue burden on a jurisdiction to fully enforce or implement the requirements of the N.C. State Building Code. 2. Services will be provided by either jurisdiction once the County or Town Manager or their designee has made a request for services and the manager of the providing entity has agreed to provide such services. The jurisdiction will make a concerted effort to provide such request at least 24 hours in advance. 3. Such services shall be reimbursed as determined. by the respective Managers and reimbursement should be based on the hourly rate of the particular Inspector plus the prorated share of associated benefits. Overtime at 1 %z times the regular rate shall be paid to the degree that overtime is necessary or incurred. 4. This contract will act as a mutually reciprocal agreement between Carrboro and Orange County. 5. .Orange County shall indemnify, save and hold harmless Carrboro and its officers, agents and employees from any and all losses, liabilities, judgments, damages, all costs, fees (including attorneys fees), and expenses related thereto, arising directly or indirectly out of or in any way connected with the provision of assistance to Orange County hereunder, except when the liability, loss, judgment or damage results solely from the willful acts or omissions of Carrboro or its officers, agents or employees. 6 6. Carrboro shall indemnify, save and hold harmless Orange County and its officers, agents and employees from any and all losses, liabilities, judgements, damages, and all costs, fees (including attorneys fees), and expenses related thereto, arising directly or indirectly out of in any way connected with the provision of assistance to Orange County hereunder, except when the liability, loss, judgment or damage results solely from the willful acts or omissions of Orange County or its officers, agents, or employees. 7. Responsibility for the payment of workers compensation benefits shall remain the responsibility of the employing jurisdiction regardless of where the injury may occur. This agreement shall continue in effect until such time that either party withdraws from the agreement by giving 30 days written notice. This agreement is executed the day and year first above written. ORANGE COUNTY By: County Manager Attest: TOWN OF CARRBORO By: Attest: County Clerk Town Manager Town Clerk 7 RESOLUTION A RESOLUTION APPROVING A RECIPROCAL AGREEMENT BETWEEN THE TOWN OF CHAPEL HILL AND ORANGE COUNTY WHEREAS, the Town of Chapel Hill and Orange County desire to establish a reciprocal agreement to assist one another under extenuating circumstances; and WHEREAS, the Town of Chapel Hill and Orange County are required by the State of North Carolina to perform and conduct the inspections of buildings according to specific certifications issued by the North Carolina Building Code Qualification Board; and WHEREAS, Chapel Hill or Orange County may from time-to-time due to extenuating circumstances need assistance from one another to perform a specific type or level of inspections; and WHEREAS, it is in the best interest of each jurisdiction to mutually cooperate to provide timely service to their citizens. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Board resolves: Section 1. That the CountyManager is authorized to execute the attached agreement relating to the provision of inspection services to the Town of Chapel Hill and by the Orange County Building Inspections Office. Section 2. That this resolution shall become effective upon adoption. This is the 29`h day of September 1999. AYE NAY Alice M. Gordon, Chair Gordon Orange County Halkiotis Board of County Commissioners Carev Brown Jacobs Clerk to Board of County Commissioners 8 RECII'ROCAL AGREEMENT FOR INSPECTION SERVICES BETWEEN THE TOWN OF CHAPEL HILL AND ORANGE COUNTY This agreement is entered into this day of , 1999, by and between the Town of Chapel Hill and Orange County. In consideration of the premises and the mutual promises set forth below, the parties hereby agree as follows: 1. Chapel Hill and Orange County agree to provide reciprocal building, electrical, plumbing and mechanical inspections under the following extenuating circumstances:. a) In the event of an emergency; b) Due to the lack of a certified inspector for a specific job, i.e., schools, parking decks, and large commercial buildings; c) In the event that a Jurisdiction's Building Inspector residing within the jurisdiction of employment should build or renovate their own structure requiring inspection services by their Department of Division. d) In other events that are unforeseen and create an undue burden on a jurisdiction to fully enforce or implement the requirements of the N.C. State Building Code. 2. Services will be provided by either jurisdiction once the County or Town Manager or their designee has made a request for services and the manager of the providing entity has agreed to provide such services. The jurisdiction will make a concerted effort to provide such request at least 24 hours in advance. 3. Such services shall be reimbursed as determined by the respective Managers and reimbursement should be based on the hourly rate of the particular Inspector plus the prorated share of associated benefits. Overtime at 1 %Z times the regular rate shall be paid to the degree that overtime is necessary or incurred. 4. This contract will act as a mutually reciprocal agreement between Chapel Hill and Orange County. 5. Orange County shall indemnify, save and hold harmless Chapel Hill and its officers, agents and employees from any and all losses, liabilities, judgments, damages, all costs, fees (including attorneys fees), and expenses related thereto, arising directly or indirectly out of or in any way connected with the provision of assistance to Orange County hereunder, except when the liability, loss, judgment or damage results solely from the willful acts or omissions of Chapel Hill or its officers, agents or employees. 9 6. Chapel Hill shall indemnify, save and hold harmless Orange County and its officers, agents and employees from any and all losses, liabilities, judgements, damages, and all costs, fees (including attorneys fees), and expenses related thereto, arising directly or indirectly out of in any way connected with the provision of assistance to Orange County hereunder, except when the liability, loss, judgment or damage results solely from the willful acts or omissions of Orange County or its officers, agents, or employees. 7. Responsibility for the payment of workers compensation benefits shall remain the responsibility of the employing jurisdiction regardless of where the injury may occur. This agreement shall continue in effect until such time that either party withdraws from the agreement by giving 30 days written notice. This agreement is executed the day and. year first above written. ORANGE COUNTY By: County Manager Attest: TOWN OF CHAPEL HILL By: Town Manager Attest: County Clerk Town Clerk 10 North Carolina State Building Code Administration & Enforcement Volume 1-A $ ~,53A353. Joint inspection department; otherarrangements. A county may enter unto and carry out co~atzacts with one or nrtore other couzaties or cities trader which the parties agree to create and support a jaunt i~aspectaon department for enforcing those State .aztd local laws and local ozdinan,ces and regulations specified in the agxee~eztt. The governing bod- ies of the contracting units mnay make any necessary appropriations for this purpose. . In lieu of a joint iuaspection department, a county may designate an inspec- for from axxother county or firom a city to serve as a member of the county inspection department, with the approval of the governing body of the other county or city`vr may contract with azt~.individual who is not a city or coun- ty employee but who holds one of the applicable certificates as provided in G.S. 153,A,-351. t or G.S. 150,A,-411,1. The inspector, if designated fronn~ another county or city raider this section, while exercising the duties of the posi[iozt, is a county employee. The county shall have the same potential liability, if any, for inspections conducted by an individual who is not an employee of the county as it does for an individual who is an employee of. the county. The individual with whotat •the county contracts shall have errors and omussiatxs and other insuzance coverage acceptable to the coun- ty. (1937, c. 57; 1941, c..105; 1947, c. 719; 1951, c. 651; 1959, c. 940; 1963, c. 639; 1965, c. 371; 1967, c. 495, s. 1; 1969, c. 918; c. 1010, s. 4; c. 1064, ss. 1, 5; c. 1056, s. 1; 1973, c. $22, s. 1; 1993, c. 232, s. 1.) ~ 153A-354. Fimsuucial support. A county may appropriate any available funds for the support of its inspection department. It may provide for paying inspectors fixed salaries, or it may reimburse them for their services by paying over part oz all of any fees collected. It may fix reasonable fees for issuing permits, for inspec- tions, and for other services of the inspection. department. (1937, c. 57; 1941, c. 105; 1947, c. ?19; 1951, c. 65I; 1953, c. 984; 1955, cc. I44, 942, 1171; 1957, cc. 415, 456, 1286, 1294; 1959, cc. 399, 940, 1031; 1961, cc. 763, 884, 1036; 1963, cc. 639, 868; 1965, cc. 243. 371, 453, 494, 846; 1967, cc. 45, 73, 113; c. 495, ss. 1, 3; 1969, cc. 67S, 918; c. 1003, s. ?; c. 1010, s. 4; c. 1064, ss. 1, 4, 5; c. 1066, s. 1; 1973, c. 822, s. 1.) • ~ ~ 153A-355. Co~lacts of interest, Uniless he is the owner of the building, no member of an inspection department or other individual contracting with a county to conduct inspec- tions shall be financially interested or employed by a business that is finan- ciaAy interested in furnishing labor, material, or appliances for the con- struction, alteration, or maintenance of azty building within the county's ter- xitorial jurisdiction or any part or system thereof, or in making plans or specifications therefor. No member of any inspection department or other 134 NC Administration 8- Enforcement ~ 1996 ~/f~ 9-may- 9y RESOLUTION A RESOLUTION APPROVING A RECIPROCAL AGREEMENT BETWEEN THE TOWN OF CHAPEL HILL AND ORANGE COUNTY WHEREAS, the Town of Chapel Hill and Orange County desire to establish a reciprocal agreement to assist one another under extenuating circumstances; and WHEREAS, the Town of Chapel Hill and Orange County are required by the State of North Carolina to perform and conduct the inspections of buildings according to specific certifications issued by the North Carolina Building Code Qualification Board; and WHEREAS, Chapel Hill or Orange County may from time-to-time due to extenuating circumstances need assistance from one another to perform a specific type or level of inspections; and WHEREAS, it is in the best interest of each jurisdiction to mutually cooperate to provide timely service to their citizens. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the Board resolves: Section 1. That the County Manager is authorized to execute the attached agreement relating to the provision of inspection services to the Town of Chapel Hill and by the Orange County Building Inspections Office. Section 2. That this resolution shall become effective upon adoption. This is the 29~' day of September 1999. AYE NAY Alice M. Gordon, Chair Gordon Orange County Halkiotis Board of County Commissioners Carey Brown Jacobs Clerk to Bo of County Commissioners -~ ,Y _~ ~_ ~i-~9 RECIPROCAL AGREEMENT FOR INSPECTION SERVICES BETWEEN THE TOWN OF CARRBORO AND ORANGE COUNTY This agreement is entered into this ~?~day of P n `.~ .1999, by and between the Town of Carrboro and Orange County. In consideration of the premises and the mutual promises set forth below, the parties hereby agree as follows: 1. Carrboro and Orange County agree to provide reciprocal building, electrical, plumbing and mechanical inspections under the following extenuating circumstances: a) In the event of an emergency; ,: :_ .,. i_, _. _ .. _ b) Due to the lack of a certified inspector for a specific job, i.e., schools, pazking decks, and large commercial buildings; c) In the event that a Jurisdiction's Building Inspector residing within the jurisdiction of employment should build or renovate their own structure requiring inspection services by their Department of Division. d) In other events that are unforeseen and create an undue burden on a jurisdiction to fully enforce or implement the requirements of the N.C. State Building Code. 2. Services will be provided by either jurisdiction once the County or Town Manager or their designee has made a request for services and the manager of the providing entity has agreed to provide such services. The jurisdiction will make a concerted effort to provide such request at least 24 hours in advance. 3. ~ Such services shall be reimbursed as determined by the respective Managers and reimbursement should be based on the hourly rate of the particulaz Inspector plus the prorated shaze of associated benefits. Overtime at 1 %Z times the regular rate shall be paid to the degree that overtime is necessary or incurred. 4. This contract will act as a mutually reciprocal agreement between Carrboro and Orange County. 5. Orange County shall indemnify, save and hold harmless Carrboro and its officers, agents and employees from any and all losses, liabilities, judgments, damages, all costs, fees (including attorneys fees), and expenses related. thereto, arising directly or indirectly out of or in any way connected with the provision of assistance to .Orange County hereunder, except when the liability, loss, judgment or damage results solely from the willful acts or omissions of Carrboro or its officers, agents or employees. 6. Carrboro shall indemnify, save and hold harmless Orange County and its officers, agents and employees from any and all losses, liabilities, judgements, damages, and all costs, fees (including attorneys fees), and expenses related thereto, arising directly or indirectly out of in any way connected with the provision of assistance to Orange County hereunder, except when the liability,.loss, judgment or damage results solely from the willful acts or omissions of Orange County or its officers, agents, or employees. 7. Responsibility for the payment of workers compensation benefits shall remain the responsibility of the employing jurisdiction regardless of where the injury may occur. This agreement shall continue in effect until such time that either party withdraws from ....the agrdementby giving 3a~days written notice. -". 't'his agreement is executed the day and year first above written. OR1 By: Attest: County Jerk TOWN OF C ORO By. ~v~~_ Town Manager