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HomeMy WebLinkAboutAgenda - 12-15-1998 - 9b1 Orange County Board of County Commissioners Action Agenda Item No Action Agenda Item Abstract Meeting Date: December 15, 1998 Subject: Forest Service Contract Department Manager/Budget Public Hearing No Budget Amendment Needed No Attachment(s) Information Contact Agreement for the Protection Rod Visser, ext 2300 Donna Dean, ext 2151 Development and Improvement of Telephone and Extension Number Forest Lands in Orange County Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham "688 -7331 Mebane (336) 227 -2031 Purpose: To consider approval of the annual agreement between Orange County and the North Carolina Department of Environment and Natural Resources (NCDENR) to support the NC Forest Service in Orange County. Background: The December 1 Commissioners meeting agenda included consideration of this agreement, providing for the continued maintenance by DENR (through the NC Forest Service) of the protection, development and improvement of forestlands in Orange County. Responsibilities of the Forest Service include: • controlling forest fires in the County, • detecting and extinguishing fires that break out • investigating the origin of forest, woodland and field fires • enforcing State forest fire laws • taking preventative measures, educational and otherwise, as necessary, to prevent forest fires • developing and improving the forests through reforestation, promotion and practice of Forest Management practices. The State supports 60% of the Forest Service budget. For 1998 -99 this amount equals $85,869. The County's share is 40 percent of the total, or $57,246. These funds have already been included in the approved 1998 -99 budget. The Board deferred action on this agreement pending resolution of concerns raised by Dr. Orrin Pilkey concerning the Forest Service's response to a report of clear cutting within a stream buffer. Because of concerns about water quality in the Neuse River Basin, State restrictions have been placed on timbering activities adjacent to surface waters, such as the situation described by Dr. Pilkey. Orange County Forest Ranger Brad Bowling will be available at the meeting to explain the circumstances in the incident cited by Dr. Pilkey. He will also explain the role of the Forest Service, which responds to complaints, but generally refers noted violations to the Land Resources Division of DENR. A representative of that organization is also expected to attend this meeting to respond to la Commissioners' questions about enforcement responsibility and activities of the State agencies involved with water quality and forestry management issues. RECOMMENDATION(S): Assuming that the Board's concerns are adequately addressed by State agency representatives, the Manager recommends that the Board approve the annual agreement between Orange County and the Department of Environment and Natural Resources, and authorize the Chair to sign. 2 STATE OF NORTH CAROLINA Department of Environment, & Natural Resources $ 143,115.00 Total Cooperative Appropriation $ 85,869.00 60% $ 57,246.00 40% County AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IMPROVEMENT OF FOREST LAND IN ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, made under authority of "An act to authorize Counties to cooperate with State in Forest Protection, Reforestation and promotion of Forest Management," (Section 113 -59 of the general Statutes of North Carolina - 1943), and also under authority of another Section of the General Statutes, namely Section 113 -54, by the North Carolina Department of Environment & Natural Resources (hereinafter Called the Department), party of the first part, and the Board of Commissioners of ORANGE COUNTY in the State of North Carolina (hereinafter called the Board), party of the second part, witnesseth: That WHEREAS the said Board, recognizing the need for active forest protection, development, reforestation, management and improvement in ORANGE COUNTY, has accepted the offer of the Department for cooperation in accomplishing this object: Now THEREFORE, in consideration of the mutual covenants hereinafter set forth, the said parties contract and agree to maintain a legally appointed and equipped Forest Ranger organization in said county at the joint cost of the State and County, insofar as the joint funds will permit, as follows: Part I. THE DEPARTMENT AGREES: 1. To select, employ and appoint, after consultation with the Board, a County Forester or County Forest Ranger for the purposes of controlling forest fires in said County; for detecting and extinguishing fires that break out; for investigating the origin of forest, woodland and field fires; for enforcing State forest fire laws; for taking such preventative measures, educational and otherwise, as shall seem necessary to prevent forest fires; for developing and improving the forests through reforestation promotion and practice of Forest Management practices; and for protection from insects and diseases. 3 2. To furnish to each Forester or Forest Ranger so employed a badge of office, stationery and report forms, instructional posters for use in the County, leaflets for distributing to landowners and others; to purchase necessary equipment, communication systems, and other Forestry improvements deemed necessary insofar as the joint funds will permit. 3. To pay the Forester or Forest Ranger for all official services rendered, at a fair rate of pay. Rates of pay are to be established by the Department in accord with existing State salary schedules. 4. To direct supervise, instruct, and inspect, through its agents, the work and conduce of the Forester or Forest Ranger, to discipline and, when necessary, discharge such Forester or Forest Ranger. 5. To submit to the Board of Commissioners monthly (or at other mutually satisfactory intervals) an itemized statement of all monies to be paid by the County and those paid by the Department for proper conduct of the work within said County. 6. To make available annually from State, Federal, and other funds allotted to it, the sum of Eighty -five thousand eight hundred sixty nine dollars ($85,869.00), as its share of an annual budget of $143,115.00 for carrying the work in said County. Part II. THE BOARD AGREES: 1. To pay to the Department 40% of the total cost of the Forester or Forest Ranger salaries and expenses and of other proper expenditures made in connection with the over -all Forestry program in said County, upon receipt and consequent approval of the periodic statements submitted by the Department. 2. To appropriate annually the sum of Fifty -seven thousand two hundred forty six dollars ($57,246.00) which sum shall be available for expenditure under the terms of this Agreement, and shall represent the County's share of the annual budget. Part III. IT IS EXPRESSLY AGREED AND UNDERSTOOD BY BOTH PARTIES: 1. That this Agreement becomes effective July 1, 1998 2. That the annual appropriations as set forth above may be revised by mutual agreement between the Department and the Board, based on the amount of annual appropriation desirable for the proper conduct of the Forestry work, such revision to become effective at the beginning of a given Fiscal Year. Any unused balance of County funds remaining at the end of a Fiscal Year shall revert to said County unless otherwise mutually agreed upon by both parties. 3. That the Board reimburse the Department as provided in Part II, Item 1, by forwarding a county voucher drawn in favor of the Department for the amount of the County's share of expenditures as set forth in the Department's periodic statement to the Board. That such payments be made by the Board within thirty days following receipt of the Department's billing. 4 4. That title to all improvements and equipment purchased and/or constructed in connection with this agreement will rest with the Department; such materials or their equivalent will remain in the County as long as this agreement is in effect, or as long as they are needed by the Department for the proper conduct of the work therein. 5. That the Forester or Forest Ranger periodically or at the request of the Board, shall present to the Board statements of the work being done within the County, so that said Board may be fully informed at the times regarding the Forestry finances and activities within the County. IN WITNESS WIEREOF, the said parties do hereunto affix their names and seals upon the date herein below specified. For the Board of County Commissioners of ORANGE COUNTY. Date Chairman Provisions for the payment of the monies to fall due under this Agreement have been made by appropriation duly made or by bonds or notes duly authorized, as required by the "County Fiscal Control Act." Date County Finance Officer For the North Carolina Department of Environment & Natural Resources Date DIRECTOR Signature NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF FOREST RESOURCES January 25, 1999 SF -FC Counties Agreement Orange Co. Finance Office Courthouse 106 East Margaret Lane Hillsborough, NC 27278 Dear Sir: Your County's copy of the agreement with the Department of Environment and Natural Resources is enclosed. This is the basis for our cooperation for the 1998 -99 fiscal year. The original has been retained for our Department records, and the third copy has been sent to our District Office. I am confident that our excellent cooperative relations of the past will continue through the new fiscal year, which should see continued improvement in our State's forestry program. Your County's cooperative efforts are proof of the increasing interest in the forestry program. Please contact your County Ranger, the local District Forester, or this office if there are any questions about the cooperative program. Sincerely, �u tanford M Director P.O. BOX 29581, RALEIGH, NC 27626 -0581 PHONE 919 - 733 -2162 FAX 919- 715 -4350 AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED /10% POST - CONSUMER PAPER RETURN THIS COPY TO THE CLERK'S OFFICE FOR THE PERMANENT AGENDA FILE' STATE OF NORTH CAROLINA Department of Environment, & Natural Resources $ 143,115.00 Total Cooperative Appropriation $ 85,869.00 60% $ 57,246.00 40% County AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IlVIPROVEMENT OF FOREST LAND IN ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, made under authority of "An act to authorize Counties to cooperate with State in Forest Protection, Reforestation and promotion of Forest Management," (Section 113 -59 of the general Statutes of North Carolina - 1943), and also under authority of another Section of the General Statutes, namely Section 113 -54, by the North Carolina Department of Environment & Natural Resources (hereinafter Called the Department), party of the first part, and the Board of Commissioners of ORANGE COUNTY in the State of North Carolina (hereinafter called the Board), party of the second part, witnesseth: That WHEREAS the said Board, recognizing the need for active forest protection, development, reforestation, management and improvement in ORANGE COUNTY, has accepted the offer of the Department for cooperation in accomplishing this object: Now THEREFORE, in consideration of the mutual covenants hereinafter set forth, the said parties contract and agree to maintain a legally appointed and equipped Forest Ranger organization in said county at the joint cost of the State and County, insofar as the joint funds will permit, as follows: Part I. THE DEPARTMENT AGREES: 1. To select, employ and appoint, after consultation with the Board, a County Forester or County Forest Ranger for the purposes of controlling forest fires in said County; for detecting and extinguishing fires that break out; for investigating the origin of forest, woodland and field fires; for enforcing State forest fire laws; for taking such preventative measures, educational and otherwise, as shall seem necessary to prevent forest fires; for developing and improving the forests through reforestation promotion and practice of Forest Management practices; and for protection from insects and diseases. 2. To furnish to each Forester or Forest Ranger so employed a badge of office, stationery and report forms, instructional posters for use in the County, leaflets for distributing to landowners and others; to purchase necessary equipment, communication systems, and other Forestry improvements deemed necessary insofar as the joint funds will permit. 3. To pay the Forester or Forest Ranger for all official services rendered, at a fair rate of pay. Rates of pay are to be established by the Department in accord with existing State salary schedules. 4. To direct supervise, instruct, and inspect, through its agents, the work and conduce of the Forester or Forest Ranger, to discipline and, when necessary, discharge such Forester or Forest Ranger. 5. To submit to the Board of Commissioners monthly (or at other mutually satisfactory intervals) an itemized statement of all monies to be paid by the County and those paid by the Department for proper conduct of the work within said County. 6. To make available annually from State, Federal, and other funds allotted to it, the sum of Eighty -five thousand eight hundred sixty nine dollars ($85,869.00), as its share of an annual budget of $143,115.00 for carrying the work in said County. Part II. THE BOARD AGREES: 1. To pay to the Department 40% of the total cost of the Forester or Forest Ranger salaries and expenses and of other proper expenditures made in connection with the over -all Forestry program in said County, upon receipt and consequent approval of the periodic statements submitted by the Department. 2. To appropriate annually the sum of Fifty -seven thousand two hundred forty six dollars ($57,246.00) which sum shall be available for expenditure under the terms of this Agreement, and shall represent the County's share of the annual budget. Part III. IT IS EXPRESSLY AGREED AND UNDERSTOOD BY BOTH PARTIES: That this Agreement becomes effective July 1, 1998 2. That the annual appropriations as set forth above may be revised by mutual agreement between the Department and the Board, based on the amount of annual appropriation desirable for the proper conduct of the Forestry work, such revision to become effective at the beginning of a given Fiscal Year. Any unused balance of County funds remaining at the end of a Fiscal Year shall revert to said County unless otherwise mutually agreed upon by both parties. 3. That the Board reimburse the Department as provided in Part H, Item 1, by forwarding a county voucher drawn in favor of the Department for the amount of the County's share of expenditures as set forth in the Department's periodic statement to the Board. That such payments be made by the Board within thirty days following receipt of the Department's billing. 4. That title to all improvements and equipment purchased and/or constructed in connection with this agreement will rest with the Department; such materials or their equivalent will remain in the County as long as this agreement is in effect, or as long as they are needed by the Department for the proper conduct of the work therein. 5. That the Forester or Forest Ranger periodically or at the request of the Board, shall present to the Board statements of the work being done within the County, so that said Board may be fully informed at the times regarding the Forestry finances and activities within the County. IN WITNESS WBEREOF, the said parties do hereunto affix their names and seals upon the date herein below specified. For the Board of County Commissioners of ORANGE COUNTY. Date / / //p Chairman Provisions for the payment of the monies to fall due under this Agreement have been made by appropriation duly made or by bonds or notes duly authorized, as required by the "County Fiscal Control Act." Date 11111.7 9 County Finance Officer For the North Carolina Department of Envir nt & Natural Resources Date Signature DIRECTOR