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HomeMy WebLinkAboutAgenda - 10-20-2009 - 4gORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 20, 2009 Action Agenda Item No. ~}- - q SUBJECT: N.C. Forest Service Contract for FY 2009-10 DEPARTMENT: Emergency Services, ERCD, PUBLIC HEARING: (Y/N) No Financial Services ATTACHMENT(S): Proposed FY 2009-10 Contract 2008-09 NCFS Accomplishment Summary Planned Conservation Seminar Series Summary INFORMATION CONTACT: David Stancil, 245-2590 Frank Montes de Oca, 245-6100 Gary Humphries, 245-2450 John Howard, 732-8105 Jacob Pressley, 732-8152 PURPOSE: To approve the annual agreement between Orange County and the North Carolina Department of Environment and Natural Resources (DENR) Division of Forest Resources for protection, development, reforestation, management and improvement of forestlands in Orange County; and to receive information about Forest Service accomplishments in 2008-09 and planned collaboration with County resource conservation activities in 2009-10. BACKGROUND: Each year, Orange County and the N.C. Forest Service enter into an agreement under authority of Sections 113-54 and 113-59 of the N.C. General Statutes to provide for the continuation of active protection of Orange County forestlands by the Forest Service. The Forest Service is a component of the Division of Forest Resources within DENR, and includes regional, district and county offices. The District 11 office is located in Orange County on NC 86 south of Hillsborough, headed by District Forester John Howard. The County office is led by County Forest Ranger Jacob Pressley and is located in Boone Square Shopping Center in Hillsborough. The County and Division offices of the Forest Service are actively involved with County staff from several departments and participate in many joint activities, both in terms of statutory responsibilities and coordinated public education efforts. Responsibilities of the Division and County Forester include: • Promotion and practice of forest management to develop and improve forestlands, and promote reforestation, • Protection of water quality, • Protection of forestlands from insects and diseases, • Controlling forest fires in the County, • Detecting and extinguishing fires that break out, and investigating the origin of forest woodland and field fires, • Enforcement of State forest fire laws, • Provision of mutual aid in times of emergency, and • Taking preventative measures, educational and otherwise as necessary, to prevent forest fires. In addition to their statutory responsibilities, the County and District offices participate in many public education efforts. For example, BOCC 2009-10 Priority P-1 calls for the conservation of high priority natural areas, prime forests and wildlife habitat. Part of the strategy to address this priority in 2009-10 is a public seminar series that includes a session on `Sustainable Forest Management and Stewardship" in which the County and District offices plan to participate. During 2008-09, almost 100 forest management plans for 3,600 acres were created by the local offices, and $11,072 in State cost-share funds were provided to Orange County landowners for tree-planting and pre-commercial thinning. Erosion control practices with the Soil and Water office were performed at two sites, including Rashkis Elementary, and 248 acres of new forest were planted. The Forest Service addressed 19 forest fires on 22 acres of land and completed two community wildfire protection plans with volunteer fire departments. While pertorming these duties, the Forest Service also managed to operate under budget cutbacks with $10,405 returned to state and County coffers at the end of FY 2008-09 due to service reductions. FINANCIAL IMPACT: As is done each year, the anticipated budget for the Forest Service contract is shared with the County prior to budget approval and amounts budgeted accordingly and approved as part of the County budget in June. The approved FY 2009-10 Forest Service budget is $163,000, which is a decrease of $700 from the FY 2008-09 budget. The County's share of the budget as per the proposed contract is $65,200, a decrease of $292 from last year. These funds are included in the adopted FY 2009-10 County budget. RECOMMENDATION(S): The Manager recommends that the Board receive the information about the Forest Service activities, approve the annual agreement between Orange County and the N.C. Department of Environment and Natural Resources for FY 2009-10, and authorize the Chair to sign the agreement. North Carolina ~ • ~ • ~ ~~ ~ Department of Environment and North Carolina Natural Resources FOREST Division of Forest Resources ~~ SERVICE N CD EN R Beverly Eaves Perdue, Governor ~T ~ Wib L. Owen, Director Dee Freeman, Secretary l\ 3314 NC 86 South Hillsborough, NC 27278 Telephone: (919) 732-8105 September 8, 2009 D-11 FA Coop Unit Budget-Orange County Donna Dean Coffey Finance Officer 106 East Margaret Lane Hillsborough, NC 27278 Ms. Coffee: Attached are three (3) copies of Orange County's agreement with the Department of Environmental and Natural Resources for the fiscal year beginning July 1, 2009. Please have the Chairman of the Board of County Commissioners and the County Finance Officer sign all three (3) copies of the attached agreements and return all three (3) signed copies to the North Carolina Forest Service at the above address. This year's budget is $163,000; with the State paying $97,800 and the County share being $65,200. If there are any questions concerning this request, please feel free to contact County Ranger Jacob Pressley or myself. Sincerely, ~,~ ~~ John P. Howard District Forester JPH:Ict cc: Jacob Pressley, Orange County Ranger 110 Boone Square, Suite 12 Hillsborough, NC 27278 Phone: (919) 732-8152 as 1616 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919 - 857-4801 \ FAX: 919 - 857-4802 \ Internet: www.dfr.state.nc.us AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER 3 STATE OF NORTH CAROLINA Department of Environment & Natural Resources $ 163,000 Total Cooperative Appropriation $ 97,800 60% State $ 65,200 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. 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 conduct 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 NINETY SEVEN THOUSAND EIGHT HUNDRED DOLLARS ($97,800) as its share of an annual budget of $163,000 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 SIXTY FIVE THOUSAND TWO HUNDRED DOLLARS ($65,200) 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, 2009. 2. That the annual appropriations as set forth above maybe 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. 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 maybe fully informed at the times regarding the Forestry finances and activities within the County. IN WITNESS WHEREOF, 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 Chair 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 Signature Director, Division of Forest Resources Title ORANGE COUNTY Proposed Budget 2009-2010 Fiscal Year 531211 SPA REGULAR SALARIES (CERTIFIED) $90,746 531441 CALL BACK !STAND BY PAY $5,000 531461 SPA LONGEVITY PAY $0 531511 SOCIAL SECURITY CONTRIBUTIONS $6,942 531521 RETIREMENT CONTRIBUTIONS $7,105 531561 MEDICAL INSURANCE CONTRIBUTIONS $11,207 TOTAL PERSONNEL EXPENSES: $121,000 TOTAL OPERATING EXPENSES: (Deta~lAttached) $42,000 GRAND TOTAL $163,000 STATE SHARE - 60% $97,800 COUNTY SHARE - 40°I° $65,200 ~- TOTAL APPROPRIATIONS $163,000 Orange County 2008/2009 Accomplishment Summary - Management Plans: Forest Management, Tax Plans Urban Forestry, Regeneration, Practice, Pre-Harvest, Rehab and Stewardship. 97 total plans for 3627 acres. - $11072.00 in cost shared monies where reimbursed to landowners in Orange County for tree planting and pre-commercial thinning operations. - Water Quality Inspections: 62, for 602 acres. - Tree Establishment: Hand planting 7 projects for 223 acres. Field planting 3 projects for 25 acres. - Best Management Practices: 81 recorded 21 implemented - Forest Frotection: (Insect and Disease} 22 projects for 332 acres. - Stand Improvement: Prescribed Burning! Thinning: 3 projects for 70 acres. - Soil and Water Projects: 2 projects, including erosion protection for Raskis Elementary School in Chapel Hill. - Information and Education Presentations (Earthwalk, Garden Clubs, County Career Days, Robotics Club, Smokey Beaz, Earthday, Tree City USA, YMCA, Cnb ScoutsBoy Scouts, FFA - Shade Tree Assistance: 28 total projects. - Fire Numbers: 19 fires at 22.4 acres. Structures protected valued at a total of 5.5 8 million - Two: Community Wildfire Protection Plans Completeted: White Cross VFD, Orange Rural FD DRAFT PROPOSAL Land Conservation Seminar Series November 2009 - Apri12010 A series of public workshops/seminars that will promote private land conservation (farmland, natural areas, and prime forests). Co-sponsored by Orange Co., SWCD, Eno River Assoc., others 1. Sustainable Forest Management and Stewardship Potential Topics: Landowner options, forest mgmt., conservation easements Potential speakers: Jake Pressley (Orange County Forester, NC DFR) John Howard (District Forester) Judd Edeburn (Duke Forest, Nicholas School) Gerry Gaertner (North State Forestry Consulting) Barney Bernard (Bernard & Dryman Consulting Forestry) Jacquelyn Wallace (Wildlife Resources Commission) 2. Landowner Assistance Programs Potential Topics: SWCD/NRCS cost-share programs, conservation easements Potential speakers: Brent Bogue/Gail Hughes: NRCS/SWCD cost share programs Rich Shaw (ERCD): Lands Legacy, conservation easements Robin Jacobs/Kurt Schlimme (Eno River Assoc.) Jeff Masten/Bo Howes (Triangle Land Conservancy) Phyllis Ruth (Farm Services Agency) Perry Sugg (NC Ecosystem Enh. Program) 3. Conservation Planning and Development Potential Topics: site evaluation, conservation options, conservation development Potential speakers: Brian Dobyns/Dolly Hunter: assessing the land and its values Guenevere Abernathy (Unique Places): Terry Hackett (OC Erosion Control): stormwater mgmt (OC Planning Dept.): conservation options Marabeth Carr/Carl Matyac: sustainable landscaping (?) 4. Financial Benefits of Conservation Easements Potential Topics: conservation easements, state/fed tax benefits, testimonials Potential speakers: Rich Shaw (ERCD) Robin Jacobs (ERA) & Bo Howes (TLC) Attorney (Geof Gledhill, Mike Parker, Bob Epting) Tax attorney/advisor Conservation easement landowners Schedule: October, November 2009 January, February, March 2010 Publicity: Direct emails, Newspaper, Website, Flyers? RSS? Newsletters?