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Home My WebLink AboutAgenda - 10-20-1998 - 9b, ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA ITEM ABSTRACT Meeting Date: October 20, 1998 1 Action Agenda Item # 9•b SUBJECT: ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT PROPOSAL IPARTII'� BUDGET AlVIEN�Ii� °,REQ�tIR�D� ,. �. -�+e X No' PURPOSE: To review the proposal for formation of the new Environment and Resource Conservation Department. BACKGROUND: On October 6, the Board received a report on the Manager's recommendations for formation of the new Environment and Resource Conservation Department (ERCD), which was established on June 22. The report is now being forwarded as a proposal, for the purposes of receiving public comment at a public hearing on November 4. Please note the attachment from Commissioner Bill Crowther suggesting an alternative process for establishing the Environment and Resource Conservation Department. RECOMMENDATION: The Administration recommends that the Board accept this proposal for public comment at the planned November 4, 1998 public hearing. A decision could be considered at the November 17, 1998 meeting. 2 PROPOSAL: ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT (ERCD) 1. Mission of the Environment and Resource Conservation Department (ERCD) The May 25 memoranda from Dr. Gordon lay out a number of concepts that would easily translate into a mission for the new department. Based on the staff work group's reading, this mission statement would include: A. Overseeing, implementing, and coordinating County goals for environmental protection and resource conservation. An important key for the County's future quality of life is 'staying green while we grow'. The concept of "green infrastructure" has become popular in other counties and regions as a means of providing reasonable access to nature and establishing a Countywide system of natural areas, parks and trails to support wildlife populations. The preservation of our skeletal framework of natural areas and important resources has been identified as a crucial component of how livable Orange County will be in the future. A number of the existing Commissioners goals are directly related to this concept, and the creation of this department. While future goals may be added to address new initiatives that the Board wishes to address, the following goals represent examples of ways that the County is already working to build and maintain "green infrastructure." The following goals appear to be a good fit with the new department, and responsibility for them should be transferred to the Environment and Resource Conservation Department: 1. Natural Resource Preservation 2. Water Resources (ground water) 3. Historic Preservation 4. Farmland Preservation 5. Watershed Protection 6. Shaping Orange County's Future 7. Sustainability This department will have primary responsibility for these areas (e.g., natural resources). In addition, it will coordinate the acquisition programs and the records for other areas, as outlined below. B. Developing a plan and program for the acquisition of land for resource conservation, and implementing that program. One of the new department's most significant tasks will be to elevate planning for resource protection to a new level through the voluntary acquisition of the County's most critical land resources. While some planning and prioritization of important resource lands has occurred to date, a comprehensive program to evaluate the County's most important resources will need to be developed so that the County can begin systematic acquisition of land through conservation easements, fee simple ownership, or other agreements. This department will take the lead in identifying and recommending natural and other resources to be protected and conserved, as outlined in Section A above, and will also coordinate the conservation of resources recommended by other departments, such as Recreation and Parks. This program will be of a voluntary nature and will be subject to review and approval by the Board of Commissioners, before the County can begin acquiring lands through conservation easements, fee simple ownership, or other agreements. It should be noted that development of this area of emphasis will be a stepwise process involving check -in points with the Board of Commissioners at every step. The major elements of a land acquisition program might include: 1. Organizational Structure. The County may wish to consider a process for establishing a land trust, or developing a partnership with an existing land trust, such as the Triangle Land Conservancy. 2. Land Conservation Criteria. Deciding what resources to protect and acquire is fundamental. The County has the following plans and programs in place for ranking priority resources: Inventory of Natural Areas and Wildlife Habitats. Orange County's most significant natural areas and wildlife habitat were described in the Inventory of the Natural Areas and Wildlife Habitats completed in 1988 by the Triangle Land Conservancy. In the next few months, the TLC is scheduled to complete a Wildlife Habitat Study ranking prime wildlife habitat areas. Comprehensive Resources Map. Developed as part of the Rural Character Study and Flexible Development process, this map is incorporated into the Comprehensive Plan and identifies important natural resources in the County identified to date. 4 Farmland. For farmland resources, the Agricultural Districts Advisory Board has developed a program to use the Land Evaluation and Site Assessment (LESA) system for ranking prime farmland. Parkland and Recreation Lands. The County is currently pursuing an update to the Master Parks and Recreation Plan, through the Master Parks and Recreation Committee. This effort to identify current and future resources is being held in conjunction with the Towns of Chapel Hill, Carrboro and Hillsborough (who have their own parks and greenways programs). Historic Sites and Landscapes. The Historic Preservation Element of the Comprehensive Plan describes an evaluation and ranking system for historic resources. 3. Land Resources Database. A GIS database of prioritized land resources will be created for use in evaluating acquisition options. This database will include data previously generated by the County and the Triangle Land Conservancy, along with new research. Upon completion of the Comprehensive Resource Acquisition Program, the ERCD will coordinate the compilation of a records and mapping database that contains prioritized areas that will be maintained and augmented over time. 4. Land Acquisition Mechanism. The County will have the mechanism and expertise to acquire desired land or sites, and to manage those sites as appropriate. Implementation of the Comprehensive Resource Acquisition Program will be instituted using the current and new personnel resources, as well as seed or matching money from the County, augmented with grant funding from a variety of possible sources, such as the Natural Heritage and Clean Water Trust Funds. While the development of a comprehensive acquisition program will be ongoing, there will be options on an interim basis to enable the County to work with voluntary conservation easements and donations, or to develop school /park sites. There may also be opportunities to purchase desirable properties before the comprehensive program is completely developed (e.g., the recent purchase of property at the Northern Human Services Center). These options are shown in Attachment A. 5 C. Integrating current and future data into a comprehensive resource database. In order to accomplish the above initiative, department staff must coordinate previous work with new inventories of natural, cultural and recreational resources to develop a Comprehensive Resource Database. This will involve a multi -level coordinated Geographic Information System database that encompasses all of the County's land preservation activities, with records and mapping capabilities of all activities. This database will be used not only by ERCD staff, but will also help many County departments that are also involved in resource conservation - such as Recreation and Parks, the Soil and Water District office, and the Use Value program under the direction of the Tax Assessor's office. _ D. Providing staff support to boards and commissions. There are a number of standing and ad hoc commissions or boards that are working on active Commissioners goals listed in Section I.A. Based on the May 25 memo and the expected work duties, ERCD staff members will provide support to the following boards: Board or Commission Status Commission for the Standing commission Environment Historic Preservation Standing commission Commission Agricultural Districts Standing board Advisory Board Water Resources Committee Ad Hoc committee, scheduled to merge efforts into Commission for the Environment in 2000 Shaping Orange County's Joint ad hoc task force with County as Future Task Force lead entity, scheduled to conclude 6/1999 Master Parks and Recreation Joint ad hoc task force with County as Work Group lead entity, with recommendations and priorities to be developed by 1/99 E. Working with other departments /agencies. With the nature of its duties, the ERCD will be a department with strong linkages to several other departments. Due to shared data and other considerations, a strong relationship will be required with the Planning Department. Developing this level of coordination will be enhanced by the 6 fact that some members of the recommended ERCD staff have been in the Planning Department for years, and currently have a strong relationship with staff in Planning. Additionally, one position is proposed to be shared between Planning and the ERCD (please see page 11 and Appendix B). There may also be shared duties with Planning in developing implementing ordinances, due to the fact that the implementing ordinances for Flexible Development/open space /rural character are in the Subdivision Regulations and to a lesser degree the Zoning Ordinance. Responsibility for the Environmental Impact Ordinance must also be defined. As such, these two departments should meet in the near future to work out details of ordinances and plans with overlapping issues and plans for coordination. The Soil and Water District is another department with which the ERCD will need to coordinate closely, especially in terms of possible roles for farmland conservation easements. Other departments that will require coordination might include Environmental Health, the County Engineer, Cooperative Extension, Recreation and Parks, Tax Assessor's office, and Economic Development. •, . Planning Flexible Development and open space issues, Environmental Impact Ordinance, protection of watersheds and natural resource sites through ordinances; GIS data sharing; other operational coordination Soil and Water / NRCS Possible acquisition of farmland conservation easements /land resources, farmland preservation, surface water resource protection (for agricultural operations), other conservation programs Environmental Health Water Resources (ground water) programs, watershed protection County Engineer Water Resources (ground water) programs, watershed protection Cooperative Extension Service Farmland preservation Recreation and Parks Coordination on parkland acquisition, passive recreation (open space) lands Economic Development Sustainability Tax Assessor Coordination of Use Value program with other conservation initiatives, such as farmland preservation and property appraisals necessary for buying conservation easements The department may also coordinate its work with other groups such as the Schools and Land Use Councils and the Master Recreation and Parks Work Group. II. Tasks for the ERCD To a degree, the tasks and workplan for the department will evolve along with the goals and changes to the mission statement over time. There appear to be eight areas of tasks and duties for the ERCD staff, based on the mission and the May 25 memos. A. Water Resources (ground water) Project. The Water Resources project involves a 10- person Committee, a public education campaign and a significant Ground Water Resource Investigation in conjunction with USGS. The USGS resource investigation is entering the second of three years and will wrap up in June, 2000. After final recommendations in year 2000, the work of this Committee is planned to merge into the Commission for the Environment, and that group would begin to develop implementation programs for ground water, and synthesize surface water and ground water protection into an integrated program. This is the final step of the Water Resources goal, and all of this would become the Water Resources Element of the Comprehensive Plan. B. Land acquisition plan /program for resource conservation and parkland ( "Comprehensive Resource Acquisition Program "). The Comprehensive Resource Acquisition Program is outlined in some detail by Dr. Gordon in her second memo, and includes an assessment of the loss of resources that has occurred to date, an inventory of resources at present, and development of a program of easements and purchase for the future that involve a number of approaches. Fortunately, some of the preliminary GIS work in this area has been accomplished — but additional efforts will be needed to complete the task, including the collation of data from inventories previously compiled. This program will coordinate the acquisition of land for historic sites, natural resources, parks and recreation, and farmland — using matching funds and seed money from the County. Initiatives already underway include the Schools /Land Use Councils' efforts and the Master Recreation and Parks Plan. C. Initiatives from the Commission for the Environment As a new group, the Commission has yet to identify many of its programs or plans, but clearly the efforts in water (linked with the Water Resources project), air quality, biological and other natural resources, environmental indicators and sustainability would fall into this realm and be coordinated with the other tasks outlined here. D. Development of Comprehensive Resource Inventory/Database. As part of the Comprehensive Resource program, we will need to develop a process for maintaining records and a database of natural, cultural, and recreational resources. Much of this would be GIS -based and related to the above. E. Staff Boards /Commissions. As previously mentioned, staff members in this department will be responsible for staffing the Commission for the Environment, Agricultural Districts Advisory Board, and Historic Preservation Commission - along with the Shaping Orange County's Future Task Force and Water Resources Committee until their completion in 1999/2000. Coordinating the agendas and initiatives from these boards will be a significant part of the staff work load, as all of the boards and commissions have ambitious and challenging projects. F. Developing Elements of the Comprehensive Plan. The County's Comprehensive Plan has several elements which have not been completed or undertaken. Chief among these would be the eventual Water Resources Element (coordinating surface and ground water programs) and the Natural Areas Element, both of which would fall into the realm of the Commission for the Environment. Preliminary plans to combine the work of the Rural Character Study and Flexible Development for the Open Space /Rural Character element were developed several years ago, but have not been finalized. Given the nature of the department's duties, staff would need to coordinate with the Master Parks and Recreation effort on finalizing that element of the plan. Given the strong relationship of resource conservation in the Land Use Element, ERCD staff could also assist the Planning Department in preparing the planned 2001 update of that element, as well. G. Farmland Preservation. The department will work with the Agricultural Districts Advisory Board on current and future goals and initiatives related to farmland preservation, including enhancing and promoting the Voluntary Agricultural Districts program. H. Historic Preservation. The department will work with the Historic Preservation Commission on current and future goals and initiatives related to historic preservation, including local landmark designations and National Register nominations. I. Shaping Orange County's Future / Sustainability. A multi -year joint initiative, Shaping Orange County's Future is nearly two- thirds completed. Orange County serves as the lead coordinating entity of the project, and David Stancil, the project coordinator will be moving into the ERCD department (please see Attachment B). Assigning another planner to coordinate completion of this project would be difficult given the complexity of this project, and the May 25 memo on the new department indicated that Shaping Orange County's Future coordination could move to the ERCD pending its completion next year. This would make sense, especially given the fact that many of the issues and goals of Shaping Orange County's Future have a strong linkage to environment and resource conservation. Related to this is the Commissioners goal on 9 sustainability, which uses Shaping Orange County's Future as a springboard for launching a County program to integrate sustainability into County policies and programs. Since these issues are intertwined, and much of the underpinnings of sustainability lie in the environmental area, ERCD staff could continue to coordinate efforts in this regard working closely with the Commission for the Environment, Economic Development and other County departments. III. Evaluating Resource Needs for the New Department Using the mission and tasks outlined above, the staff work group has evaluated and assessed the resource needs of the new department (personnel, equipment, budgetary and space). One method to adequately accomplish this evaluation is through a dual -modal approach - with two trains of thought. In the first approach, the ERCD is looked at as if it were a new department "starting from scratch ", with no available resources to call on. Once needs are assessed using this approach, the second model is a parallel assessment of the new department, given known resources and opportunities that exist within the County. Review of these two models together enables a clearer picture of the necessary resources for the new department, and might point up any gaps between needs and available resources. A. Evaluation Model #1 - "Starting from Scratch" 1. Personnel Personnel needs for a new department would be based around the mission and tasks, as previously noted. Using this a base, these would appear to include: a) Background and knowledge of surface and ground water planning and management b) Background and knowledge in biological resources, air quality, sustainability and general environmental issues c) Background and knowledge in identifying and prioritizing natural and cultural resources, including natural areas, wildlife habitats, historic preservation, archaeological sites and farmland preservation d) Experience and knowledge in land acquisition for resource conservation and recreation 10 e) Experience in working with citizen boards and other agencies /departments to accomplish multi -task objectives f) Background and knowledge in working with geographic and other databases (including GIS and tabular database record systems) g) Background and experience in working with community visioning initiatives, including sustainability and community- building h) Background and experience in providing administrative support to citizen boards and commissions 2. Equipment If personnel should have the above qualifications and experience needs, equipment for a completely -new department to accomplish the tasks outlined would appear to include: a) adequate office space b) furniture and file storage for staff members, c) networked personal computers and a printer, d) telephones, and e) at least one GIS workstation and digitizing table with linkages to other departments, a plotter, and the internal network. B. Evaluation Model #2 - Using Existing Resources to Meet Needs 1. Personnel Having assessed the needs for a new ERCD built "from scratch ", personnel requirements for such a department might translate into the following positions: a) One position to provide administrative support to department staff and develop board /commission meeting minutes. b) One position to provide GIS and database support for resource inventories and records, as well as developing new coverages as part of board /commission initiatives. This position should have strong working knowledge of ARC -Info GIS systems and database programs. c) One position with a combined background of environmental science and resource acquisition, with knowledge of natural and cultural resource identification and planning, and substantial expertise in land acquisition for resource conservation and recreational purposes. This position should also have knowledge of inventory/database systems and strong presentation skills. d) One position to coordinate the work of boards in historic preservation and agricultural districts. e) One position to serve as department head, with supervisory and budgetary experience, along with a broad background in open space, 11 water resources, natural and cultural resources, other environmental areas, as well as strong interpersonal and presentation skills. In evaluating current resources, it is apparent that, with one notable exception, all of the tasks for the new department are currently housed in the Planning Department to the degree that they are dealt with. Transfer of the duties and work tasks outlined above would involve shifting relevant personnel and equipment to the new ERCD. Fortunately, because many of these tasks are currently being addressed, there are staff members in the Planning Department that have sufficient background and experience in many of the areas listed above. One Administrative Assistant in the Planning Department has experience providing support to existing staff members working on these projects, and with advisory boards that deal with the new department's subject areas. Two GIS Project Coordinators are currently on staff that are knowledgeable about environment and resource - related coverages, and have strong knowledge of the ARC -Info system. The current Special Projects Planner position has significant expertise with historic preservation and farmland issues, as well as previous background in natural resources. Finally, the current Land Use and Environmental Planner has significant expertise in water resources, open space, sustainability and other environmental issues - as well as supervisory and budgetary experience. 2. Equipment Similarly, the equipment needed for the new department is currently located with the personnel listed above. All of the staff members have personal computers and existing office furniture and storage space. Three GIS workstations and three digitizing tables are currently in the Planning Department. Existing telephones and computer networking arrangements are in place, if the new department stays in the Planning and Agricultural Center. 3. Space Space needs constitute an area that would need to be addressed. No available space in other buildings exists at this time. Reconfigured space in the Planning and Agricultural Center would be the recommended short- term solution to space needs. If existing staff were transferred from the Planning Department, the Planning budget would need to be adjusted to reflect the personnel, operating and capital expenses that would be shifted to the new ERCD. 12 C. Gaps between "Starting from Scratch" and Existing Resources Combining the theoretical and existing resource assessments, a large majority of the department's needs could be met from Planning Department staff. Even so, there are a few possible "gaps" for the new department that may need to be addressed: 1. The one area where existing resources do not cover department needs is in the area of resource acquisition and environmental science background for the identification and prioritization of resources. Meeting these needs will require a new position with land acquisition and environmental science background. 2. Further information will be developed for an interim and long -term acquisition program, as specified in Section 1.13 and Appendix A, so that a program with the ability to meet specific needs for resource land acquisition can be implemented. Questions regarding the entity to serve as a "land trust" (County, Triangle Land Conservancy, Soil and Water District) will need to be addressed. 3. The Planning Department has an existing Administrative Assistant that provides board and staff support, but re- assignment of this position to the ERCD would leave the Planning Department without support for the boards that it would retain, not to mention daily administrative functions. 4. In terms of equipment needs, most could be acquired through the transfer of resources from Planning. However, a new printer and ARC -View software will be needed (not available for detachment from Planning), and office equipment for any new positions would also need to be acquired. IV. Recommended Personnel and Equipment Needs Upon completion of the evaluation of the mission, tasks and resource needs of the new department, the Administration recommends the following program to initiate an Environment and Resource Conservation Department. A. Personnel As previously stated, a considerable proportion of the mission and tasks for the new department are a reconfiguration and expansion of efforts and projects currently handled by existing staff in the Planning Department. Based on the assessment of resources, the Administration recommends a combination of existing and new personnel for the new department. Two permanent positions and 1.5 project- funded permanent time - limited positions 13 are recommended for re- assignment from the Planning Department to the new Environment and Resource Conservation Department. Two new permanent positions (a Natural Resource Conservation Manager and an Administrative Assistant position) would be created to meet needs not available from current Planning personnel. Finally, one current position (retitled Land Use and Preservation Planner) is recommended to be shared between the Planning Department and the ERCD - with reconfigured job duties to meet needs in both departments (please see Section C below, and Appendix B). The recommended personnel and related costs for the new department are shown in Attachment B, Recommended Personnel and Costs for the Environment and Resource Conservation Department. B. Equipment Needs Likewise, equipment needs for the new department can largely be met using existing resources. It is recommended that each of the re- assigned staff keep their existing personal computers, office furniture and storage space in the new configuration. One existing GIS workstation would be dedicated to the new department, with a temporary shared arrangement with Planning for the second workstation /digitizing table. A new printer and furniture /PC's for the new Natural Resource Conservation Manager and Administrative Assistant would be purchased. Existing network linkages between Planning and the department would be retained, for both personal computers and GIS workstations. C. Space Needs In the immediate short-term, no changes to existing office arrangements are recommended through the end of calendar year 1998. In the meantime, staff will continue to explore two alternative configurations in the Planning Department and /or a portion of the Planning /Agricultural Center breezeway. One of these two options would be undertaken in 1999 to provide a distinct space for the new department utilizing existing building resources. D. Budgetary and Other Recommendations Since a re- assignment of personnel and tasks would occur from Planning to the ERCD, a concurrent transfer of related funds to a new budget would be needed. The administration and staff will work with the Budget Director to transfer relevant funds from the Planning Department budget to a new ERCD budget. 14 2. While a significant portion of the existing Land Use and Environmental Planner's current duties would be transferred to the new department (please see Appendix B), responsibilities related to the Land Use Element of the Plan, demographics and Township Advisory Councils will remain in Planning. As such, I am recommending that the existing Special Projects Planner II position be retitled Land Use and Preservation Planner, and be split between the new ERCD and Planning. This position would be re- assigned to the Comprehensive Planning Division to cover the functions not transferring to the ERCD, with a substantial portion of job duties staying in Planning and a smaller portion in the ERCD. 3. The Orange Soil and Water District Commissioners have provided a proposal for their involvement in some of the duties listed herein (please see Attachment D). The Soil and Water District, in conjunction with the Natural Resource Conservation Service, offers a number of programs and opportunities for County partnership efforts and funding possibilities. The Soil and Water District has recently hired a Neuse River Basin Technician, who will begin working on the possible purchase of riparian buffer areas in the Neuse basin. In addition, opportunities through the USDA Conservation Reserve Program offer additional opportunities for cooperation with Soil and Water in voluntary conservation for agricultural erosion control or water quality. A summary of some of these programs can be found in Appendix D. With a clear need to build a strong tie with this department, it is recommended that the administration and staff meet to pursue the nature of this relationship over the next several months. 4. In the event that land or easement acquisition becomes available during this fiscal year, money from the contingency fund could be utilized if the land is deemed important for resource acquisition. Attachment A summarizes the options for short-term land /easement acquisition on a temporary basis while the Comprehensive Resource Acquisition Program is developed. 5. Comments from the Orange County Board of Health were received on Thursday, October 1. Because of this, staff has not had an opportunity to review the comments. The Board of Health comments are attached as Appendix F. V. Proposed Costs Since the majority of the department's work will use existing resources, most of the funding needs for FY 99 can be transferred from the Planning budget. An additional estimated $52,000 would be needed as start-up costs for the new department. It is recommended that this funding be appropriated from the Board's $250,000 contingency for FY 99. Ered,O -,.doc 15 Appendix A Options for Interim Acceptance of Conservation Easements and Other Land Donations 16 Possible Interim Program for Land Acquisition During the interim period when the necessary process, prioritization and program for the Comprehensive Resource Acquisition Program is being developed, there may be occasions where the County will be approached about voluntary donation of land, either through conservation easement or fee - simple dedication. The County has, for several years, promoted voluntary donations of land, and has sponsored conservation easement workshops for the public and created incentives for land conservation within its Flexible Development standards in the Subdivision Regulations. By working with existing State and Federal agencies to promote programs such as the Forest Stewardship Program, the Conservation Reserve Program, and the Wildlife Habitat Incentive Program, among others,, the County can enhance voluntary land conservation initiatives. Interim Acquisition Of Conservation Easements and Purchase of Land Prior to developing a Comprehensive Resources Acquisition Program, the County may desire to acquire conservation easements from willing property owners, when such proposed acquisitions are consistent with resource preservation goals. Such proposed acquisitions may be motivated by a landowner's estate plans, or by other initiatives. The County may also be presented with the opportunity to purchase desirable parcels of land. In order to move quickly in such instances, the County should acquire the ability to negotiate an acquisition, execute the necessary documentation, and accept the donation or obtain title to the land. In these cases, the County would provide stewardship and /or acquisition funds at the outset. To facilitate these activities, the County will hire a Natural Resources Conservation Manager. Among the abilities of this new position will be significant expertise in identification and prioritization of natural resources, and substantial experience in the negotiation of land acquisition. It is recommended that the County begin to develop an interim program based on the above, and report back to the Board with a proposed interim acquisition program. Appendix B Recommended Personnel and Costs for the Environment and Resource Conservation Department 1. Administrative Assistant II - Proposed new permanent full -time position Because there are no existing administrative assistants in Planning that could be re- assigned without dramatically affecting the ability of Planning to address the boards and staff it retains, it is recommended that a new Administrative Assistant position be established for this department. The Administrative Assistant would be needed due to the responsibilities of supporting staff and developing commission /board minutes for several boards. Associated Costs: $18,000 (half -year salary and benefits) Impact on Planning Department Projects: None. 2. GIS Project Coordinator - Proposed reassignment of existing permanent full -time position. This position would be responsible for coordinating GIS products and the land records database for staff and the commissions /boards that the department supports. It is recommended that current GIS Project Coordinator Beth Young be re- assigned to the ERCD. As one of two existing Planning GIS members, Beth has had many occasions to produce coverages of an environmental and resource conservation nature, including recent work with the Triangle Land Conservancy on the "Landscape With Wildlife" report. Associated Costs: None Impact on Planning Department Projects: A substantial portion (perhaps over 50 %) of recent duties for Planning GIS personnel has been related to environmental or resource - oriented projects. As this position becomes part of the new department, existing Planning GIS projects in this field will be accordingly reassigned to the ERCD. One GIS workstation and access to a second would be shifted to the new department, consistent with the shift in workload and projects. 17 3. Land Use and Preservation Planner (split position between Planning 18 and ERCD) - Proposed reassignment of existing permanent full -time Special Projects Planner II position. This position would have duties split between the Planning Department and the ERCD, with the majority of duties in the Planning Department. Duties and responsibilities with the ERCD would include staff support to the Historic Preservation Commission and the Agricultural Districts Advisory Board. The remainder of the position's duties would be in the Comprehensive Division of the Planning Department, related to long -range land use and preservation planning. A position outline that illustrates the duties with both departments is attached (please see Appendix C). The duties related to the new ERCD are currently performed by Special Projects Planner Don Belk. In four years with the County, Don has served as staff resource person for the Historic Preservation Commission and the Agricultural Districts Advisory Board. He has also worked with the County's Flexible Development program, and has previous experience in resource conservation assessment and land acquisition. Associated Costs: None Impact on Planning Department Projects: The shared nature of this position would allow Planning to meet needs left by the transfer of other staff, while also meeting needs of the ERCD by allowing this position to continue work and experience with Historic Preservation and Agricultural Districts. 4. Natural Resource Conservation Manager - Proposed new permanent full -time position. This new position would be the primary staff person responsible for identification of the County's natural resources and prioritization of natural resource acquisition needs. In assessing the land conservation needs and acquisition priorities, this position will apply a knowledge of environmental science in developing recommendations. The Natural Resources Conservation Manager will be responsible for obtaining appraisals and negotiating the purchase and /or donation of land, and will work with other department staff to develop and evaluate a comprehensive resource database that prioritizes and targets the County's natural resource preservation efforts. Associated Costs: $25,000 (half -year salary and benefits) Impact on Planning Department Projects: None. 19 5. Environment and Resource Conservation Director - Proposed reassignment of existing permanent full -time position. This position would serve as department head, planning and directing the department's activities, supervising staff and administering the department budget, personnel and related matters. The position would also serve as primary staff resource to the Commission for the Environment and the Water Resources Committee. Current Land Use and Environmental Planner David Stancil has almost 10 years of experience with the County, and currently serves as staff resource for the Water Resources Committee, among others. David has three years of project budget experience, and developed much of the FY99 Planning Department budget. He also has supervisory experience, currently supervising two permanent (time - limited) positions and two intern positions, and has substantial background in surface and ground water resources, sustainable development and open space issues. With the Shaping Orange County's Future project nearing completion in mid -1999, transition to new staff coordination would be difficult. It is therefore recommended that David Stancil continue his work as Shaping Orange County's Future project coordinator in addition to his other duties. Because of the change in duties for this re- assigned position, Personnel would conduct a classification and pay study of the position after the new duties are assumed. Based on this, Personnel would recommend a reclassification of the position to an appropriate classification and salary grade to recognize the new duties. This would occur within the first six months of the new department. Associated Costs: None at present (classification study pending) Impact on Planning Department Projects: Many of the existing duties of the Land Use and Environmental Planner would be re- assigned with the position, but some duties would remain in Planning, including work with the Land Use Element of the Comprehensive Plan and demographic analysis. To address this need, the existing Special Projects Planner position will be retitled Land Use and Preservation Planner, and split between Planning and the ERCD, with the majority of work duties in the Planning Department. Note: Attachment C to this report contains major functions for the Natural Resource Conservation Manager and the reconfigured Land Use and Preservation Planner position. In addition to these positions, there are two permanent time - limited positions that are funded from projects that would be among the duties of the new ERCD. 20 6. Shaping Orange County's Future Project Planner - Proposed reassignment of existing permanent time - limited position. This position works exclusively with David Stancil on the Shaping Orange County's Future project, and is 100% funded from the joint project budget, which contains appropriations from the Towns of Chapel Hill and Carrboro as well as Orange County. Since Shaping Orange County's Future administration will be moving to the new department, it is recommended that Project Planner Pam McIntosh move to the new department to optimize coordination. This position is scheduled to end on June 30, 1999. Associated Costs: None Impact to Planning Department: None, all duties would transfer. 7. Water Resources Planning Technician - Proposed reassignment of existing permanent part-time, time - limited position. This is a permanent, part-time, time - limited position that coordinates the GIS ground water database component of the Water Resources project. It is funded in entirety by the Water Resources project budget, and is under the supervision of David Stancil as project coordinator. Like the above time limited position, this position would end June 30, 1999. Since the Water Resources project would become part of the ERCD duties, it is recommended that Planning Technician Margaret Jones move to the new department for the duration of her employment. Associated Costs: None Impact to Planning Department: None, all duties would transfer Total Estimated Start-Up Costs of New Department - FY 99 New Administrative Assistant (half -year, includes benefits): $18,000 New Natural Resource Conservation Manager (half -year, including benefits): $25,000 Furniture /computer needs for two new positions: $ 7,000 New printer /software licenses: $ 2,000 Total $52,000 The following table shows the changes to the Planning Department that would take place if the recommended changes are instituted. It should be noted that a significant portion of the duties of the Planning Department would also move to the new ERCD with the reassigned personnel. 21 Planning Director Administrative Assistant II Administrative Assistant I Pr��ensrve )��r�� tag ��isa� Comprehensive Planning Supervisor arsevrreratrrr� Transportation Planner C1G Fat'izrfC}Fc'te..:: _ Land Use /Preservation Planner (part) GIS Proiect Coordinator (1 Ercisttl<`> ' #dt >St ttii € << > >< ><;<_ «> Erosion Control Supervisor Erosion Control Officer E Offce II vacant i ce ;: < > < t t MOM . Ero sio n Control Officer '>" >: °.:;i?'' > > »< i`< < ><;<;' > «' >< >; Erosion Control Officer >........t0tt`...o........ _... Code Enforcement Supervisor . .............. ................................................................................. ............................... :. ..t..�... ..�.... �..... . .; :<: :> Cod e Enforcement Officer III ( 3 ) io ' fi Planner I : - gi " - Permit Coordination 1 <::.:t.:f rn a ..... . ......... : : w. > :::> <:::::: :>T Permits Technician «............. ..... 11 TOTAL FTE's: 24.0 (25.5) 1 TOTAL FTE's: 21.75 11 22 Appendix C Major Functions of: 1. Land Use and Preservation Planner 2. Natural Resource Conservation Manager 23 Land Use and Preservation Planner (Planner Il) This would be a split position, shared between the Planning Department and the Environment and Resource Conservation Department. The majority of the position's duties would be in the Planning Department. Planning Department Duties In the Planning Department, the position would be assigned to the Comprehensive Planning Division. Job duties and responsibilities would include working with special projects, ad hoc committees, and policy analysis. Specifically, the Land Use and Preservation Planner would: • Evaluate proposed amendments to the Land Use Element of the County's Comprehensive Plan • Perform statistical analysis, including population projections and estimates and an annual New Housing Starts report • Work with the Comprehensive Planning Supervisor to coordinate Small Area Plans authorized by the County Commissioners • Work with the County Attorney as staff support to the Water and Sewer Boundary Task Force • Serve as staff support to the Bingham and Chapel Hill Township Advisory Councils • Provide information to citizens regarding the Land Use Element of the Comprehensive Plan • Work on additional special planning projects, such as cooperative planning efforts with other jurisdictions • Coordinate and oversee Neighborhood Information Meetings and issues related to the Flexible Development provisions of the County Subdivision Regulations Environment and Resource Conservation Department Duties Duties and responsibilities with the Environment and Resource Conservation Department would include: • Staff support to the Historic Preservation Commission • Staff support to the Agricultural Districts Advisory Board 24 Natural Resource Conservation Manager This new position would be located in the Environment and Resource Conservation Department (ERCD) and report to the Department head. This position will work with the other members of the ERCD on the creation, maintenance and implementation of the County's strategic natural resource conservation plan, focusing on the following areas: Identification of Resources: This position will be the primary staff person responsible for identification of the County's natural resources and prioritization of natural resource acquisition needs. In assessing the land conservation needs and acquisition priorities, the position will apply a knowledge of environmental science in developing recommendations. The Natural Resources Conservation Manager will work with other department staff to develop and evaluate a comprehensive resource database that prioritizes and targets the County's natural resource preservation efforts. Acquisition of Highest Priority Natural Resources: The position will be responsible for developing specific strategies to conserve land and other natural resources. This will include obtaining appraisals and negotiating the purchase and /or donation of targeted natural resource properties, whether through purchase in fee - simple or interests at less- than -fee levels such as conservation easements or other agreements. This also will include negotiation of terms and development of draft agreements and contracts for acquisition. Financing and Funding: The Natural Resources Conservation Manager will identify grant opportunities and will seek grant funding to augment County matching funds, including the development of grant applications. The position will seek to maximize available state and Federal funds to achieve the department's goals though the acquisition and management of natural resource properties. Education /Outreach: The position will build partnerships with landowners, interest groups and the general public through education and outreach in support of the ERCD goals including acquisition and maintenance of natural resources. 25 Appendix D Memorandum and Materials from Soil and Water Conservation District (Note: New information only. Does not include packet of materials previously distributed on August 26) SOIL &VWATER P.O. SOX 276a7. RALEIGH. NORTH CAROLINA 2761 1 -7Ga7 i� PHONE 91 9- 733 -2302 FAX 919 -715 -3539 CONSERVAIiCN AN EQUAL OPPORTUNITY /A FFIRMATIVZ ACTION EMPLOYER - 50% RECYCLE 0/10% POST- CONSUMER PAPER APR 2 9 RECD 26 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF SOIL AND WATER CONSERVATION April 24, 1998 RC-DENR Dear Soil and Water Conserva *.inn District Supervisors and Staff- JAMES S. HUNTJR. ;� :• ! GOVERNOR We are contacting you about an exciting new USDA program —the Conservation Reserve Enhancement Program (CREP). This program was established by the 1996 Farm Bill to cost - effectively meet specific conservation and environmental objectives of the state and the nation. A state WAYNE MCDEVITr can propose to enhance the familiar Conservation Reserve Program (CRP) as SECRETARY long as the program is consistent with the CRP regulations. A successful proposal will mean open enrollment for producers and over four dollars of federal funds for every state dollar spent on the project. Four states have C_ DEwEYBorm . '` already received approval for CREP projects and each one totaled $200 DIRECTOR million or more. North Carolina must move quickly to submit its proposal because USDA funds are limited and enrollment authorization ends on September 30, 2002. The Department of Environment and Natural Resources, with assistance from a working group consisting of interested agencies, including r' ; the Farm Service Agency, the Natural Resources Conservation Service, and - the Division of Soil and Water Conservation, has been developing a draft proposal for North Carolina. We now have enough details worked out to ` share it with you and ask for your comments and support. Briefly, North Carolina is proposing a S274.5 million program to enroll up to 100,000 acres of active farmland near rivers, streams, field _ ditches, and wetlands in 15 -year CRP contracts and permanent easements. USDA requires the state to provide at least 20 percent of the total project costs. USDA will pay annual rent, bonuses, and maintenance fees for _ = 15 years and 50 percent of installation costs for eligible BiIPs. The state proposes to pay for purchasing permanent easements on approximately 65,000 acres after the CRP contracts expire (however, the state's payment must be made when the property is enrolled), and proposes to pay up to 40 percent on a installation of the riparian forested buffer BMP on approximately 50,000 _. acres. The geographic focus covers the Chowan, Neuse, and Tar - Pamlico ==: river basins and the Jordan Lake watershed. - We are enclosing for your review the pertinent portions of the proposal —the executive summary, project description, and cost analysis. We want to bring to your attention the recommended role for the affected Soil and Water Conservation Districts (pg. 17) and the recommended 57.50 per acre per year through the year 2002 for each acre enrolled by a District in SOIL &VWATER P.O. SOX 276a7. RALEIGH. NORTH CAROLINA 2761 1 -7Ga7 i� PHONE 91 9- 733 -2302 FAX 919 -715 -3539 CONSERVAIiCN AN EQUAL OPPORTUNITY /A FFIRMATIVZ ACTION EMPLOYER - 50% RECYCLE 0/10% POST- CONSUMER PAPER permanent easements (page 21). This payment is to help offset the additional costs of the Districts for participating in the program. The draft proposal will be presented to the Clean Water Management Trust Fund trustees on April 27 and to the Soil and Water Conservation Commission on May 13 to secure their support and commitment of matching funds. During the next six weeks, we will be contacting other stakeholders before submitting the final proposal. Please call any of us if you have questions or contact Donna Moffitt at 919/715- 6103 to provide feedback on the draft proposal or if you would like to have a copy of the complete proposal. We would appreciate letters of support sent to Assistant Secretary for Natural Resources Sherri Evans- Stanton, DENR, P.O. Box 27687, Raleigh, NC 27611- 7687 before May 13. We are totally behind this proposal and hope that you will be, too. We think this project is a tremendous opportunity to work together to improve water quality, erosion control and wildlife habitat in the targeted river basins and watershed in North Carolina. Thank you for your consideration. Sincerely, C. Dewey Botts Soil and Water Cons. 919/715 -6097 Enclosures cc: Sherri Evans - Stanton Donna Moffitt Tim Jones James Ferguson Eddie Stroup Carroll Pierce Cecil Settle ASTC -FOs DSWC Area Coordinators Sincerely, Mary Kollstedt Natural Resources Cons. Serv. 919/873 -2101 S incerely, Philli . 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Q,o v o a a 3 m m N a F c y m 3 �-g3 m tD i^-ro ° H d d o 0 CLoa No NO O a m v - i° m 3 -ani' 3 c m � 4 m a 3 3 3 ^ n �% m w ° g � N m :r m J 3 m H m3;1 m � m ? N O J m m m m 3 mm o o m m < g m 0 2 m d J x GE y m w o $.m �sNm w N m -4v C OS w ca S aw.nc o m m N m 4 - n N O 29 30 Appendix E Establishment of New Department Background Information 1. June 22, 1998 Agenda Abstract 2. May 25 Memoranda on Establishing New Department ORANGE COUNTY 31 BOARD OF COMMISSIONERS Action Agenda Item No q-C4- ACTION AGENDA ITEM ABSTRACT Meeting Date: June 22, 1998 SUBJECT: PROPOSAL TO FORM A NEW ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT -------------------------- - - - - -- ------------------------- - - - - -- DEPARTMENT County Commissioners -------------------------- - - - - -- ATTACHMENT(S): Yes - Two May 25 Memos 1. Proposed Revision to Commissioners Goals and Objectives 2. Comprehensive Resource Conservation Program PUBLIC HEARING YES NO x BUDGET AMENDMENT: YES NO INFORMATION CONTAC—T Commissioner Alice M. Gordon TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 ----------------------------------------------------------------------- PURPOSE: To establish a new Environment and Resource Conservation Department. BACKGROUND: Orange County places a great deal of emphasis on environmental matters, including environmental protection, and therefore has established a Commission for the Environment. Furthermore, in the Commissioner's Goal on Natural Resource Protection, the County Commissioners have recognized that resource conservation should have a distinct identity and a higher profile in county government. According to the revised milestones for evaluating resource conservation as a function of county government, the commissioners are scheduled to make a decision about this function in June, 1998. Instead of establishing a new division of the Planning Department, the commissioners should establish a new Environment and Resource Conservation Department to oversee the County's activities in the areas of environmental protection and resource conservation. The two memos attached explain the rationale supporting this recommendation and provide the conceptual framework for implementation. RECCb2-1ENDATION: Establish a new Environment and Resource Conservation Department. Approval of the new department includes the following steps: 1. Establishment of the New Department The Board of County Commissioners hereby establishes a new Environment and Resource Conservation Department. ' 32 2. Conceptual Framework The Commissioners hereby adopt the conceptual framework for this new department outlined in the May 25, 1998 memorandum from Alice Gordon to the Board of Commissioners and Manager entitled "Proposed Revision to Commissioners Goals and Objectives." 3. Implementation The Commissioners hereby instruct the manager, utilizing this conceptual framework, to formulate recommendations concerning the actual staffing of the department, amount of funding needed, space requirements, and other details, and to bring those recommendations as an agenda item to the Commissioners by mid - September, 1998. 4. Comprehensive Resource Conservation Program Since one of the proposed tasks of the new Environment and Resource Conservation Department is to devise and implement a comprehensive resource conservation program, the Commissioners also instruct the manager to provide recommendations concerning the implementation of that program as an agenda item by mid - September, 1998, using the conceptual framework provided in the May 25, 1998 memorandum from Alice Gordon to the Board of Commissioners and Manager entitled "Comprehensive Resource Conservation Program." MEMORANDUM To: Board of Commissioners and Manager From: Alice Gordon Subject: PROPOSED REVISION TO COMMISSIONERS GOALS AND OBJECTIVES Date: May 25, 1998 CATEGORY: Resources Protection and Development GOAL: Natural Resource Protection (page 3) TASK: Evaluate "Resource Conservation" as a separate division in the Planning Department to give the function identity- and a higher profile. According to the Revised Milestones for evaluating Resource Conservation as a function of county government, the commissioners are supposed to make a decision about this function in June 1998. Instead of establishing a new division of the Planning Department, I recommend that the commissioners establish a new Environment and Resource Conservation ,DepMtment to oversee the county's activities in the areas of environmental protection and resource conservation. ENVIRONMENT AND RESOURCE CONSERVATION DEPARTy1ENT Rationale The county commissioners have already recognized that resource conservation should have a distinct identity and a higher profile in county government. This separate function has been analyzed in the Technical Report entitled Preservation as a Function of Local Government. Orange County, April 1997. Using this report as a foundation but revising some of the concepts in the report, the commissioners should establish a new department to implement this function to give it the focus and resources it needs. Over the past decade the Planning Department has added a number of resource conservation activities and support for new advisory boards which in other jurisdictions are sometimes handled by a separate department. Also, the commissioners have discussed other initiatives, such as acquiring conserva- tion easements or acquiring school/park sites, which do not have enough county support to allow successful implementation. We need a comprehensive resource conservation program to protect land resources such as significant forests, farms, and historic sites Orange County should also protect its other important resources, such as air and water. All of these efforts should be centralized in a new department. Functions/Duties (compare with page 3 -7 of the Technical Report) Environmental Protection. Responsible for the county's efforts in the area of environmental protection. including protection of air quality, water resources, land and other resources, as stated in the county's current goals and objectives and as stated in the charge to the Commission for the Environment. Land Acquisition and Related Activities. Responsible for conservation- related land acquisition, conservation easements, transfer of development rights and purchase of development rights and similar programs related to natural resource conservation, farmland preservation and conservation of cultural, historical and archaeological resources. It would be advantageous to have expertise in this area for smart negotiation of land purchases /easements. 33 Coherent Resource Conservation Program and ie 34 � Rrds. Responsible for developing a coherent resource conservation program encompassing all of the county's land preservation activities, and for keeping the records and developing GLS maps documenting the preserved areas. The department would take the lead in identifying natural resources to be protected and conserved, and would coordinate the conservation of resources recommended by ocher departments, such as Recreation and Parks. Staff Su000rt for Relevant Boards and Commissions. Provision of administrative, technical and professional support to the Board of Commissioners, Commission for the Environment, water Resources Committee, Historic Preservation Commission, and committees related to environmental protection and the conservation of natural and historical resources . This would include support for the formation of a land trust, if one is formed. It . would also include support for the Shaping Orange County's Future Task Force, perhaps as a joint effort with the Planning Department. Staff Support for Implementation of Relevant Ordinances. This function would need further discussion, but file department probably would provide staff support for the implementation of appropriate ordinances such as the Environmental Impact Ordinance. liaison with Aporooriate Dgoartnents and Agencies. This department should closely coordinate its activities with the Planning Department. S raff Staffing would be similar in quantity to that suggested for the Planning Department division. but the focus and expertise of the staff would differ. Costs should be similar to forming a separate division in the Planning Department. Full time planner - Department Head (level of expertise probably Planner III) Full time planner (probably Planner II) Part time GLS staff person and some clerical assistance. In terms of existing staff, the changed focus of this resource conservation effort and the intent to include environmental protection would make David Stancil a core person, considering his background and current activities as an environmental planner. He could also finish his responsibili- ties concerning Shaping Orange County's Future. One of the current GLS staffers, Miriam Coleman or Beth McFarland, would also be appropriate. Emily Cameron would no longer be central in this configtuacon, and the subdivision concept plans and landscaping functions would seem more appropriate in Current Planning where they should remain. Other staff would be discussed. Implementation The commissioners would approve the formation of the new department in principle, following the proposal given above, and direct the staff to form, ulate appropriate wording for the Goals and Objectives and also for an implementing resolution. The goats and resolution would be approved by the commissioners at the June ? regular meeting. The actual staffing of the department and other details of bringing it into enstence would occur according to a time schedule and guidelines developed and approved later by the staff and commissioners. MEMORANDUM To: Board of Commissioners and Manager Front: Alice Gordon �0- Subject: Comprehensive Resource Conservation Program Date: May 25, 1998 In considering our Goals and Objectives, I have proposed that the commissioners form a new Environment and Resource Conservation Department rather than a new section of the Planning'Department. One of the tasks of that new department would be to devise and implement a comprehensive resource conservation grogram. The purpose of this memo is to describe that program and suggest a method for its implementation. CO,vIPREHFN� RESOURCE CONSERVATIO.N PROGKkM, Rationale Orange County's natural resources, and other resources, are disappearing at an alarming rate. For example, in the last decade 10 percent of the county's prune forest land has been lost. The county commissioners could actively work to slow this trend by initiating, financing, and implementing a comprehensive resource conservation plan for Orange County. The plan should include conservation not only of forest land, but also farmland and historic sites and other significant resources. Elements of the Program SchooUPark Acquisition (existing oolicv) Purchase of park sites which can be used later for schools or for schools in combination with parks. Financed by reserving the equivalent of one cent on the tax rate. Acouisition of Other Significant County Resources Purchase of parcel3 significant for their natural resources or for other valuable features. Financed by continuing to reserve the equivalent of one cent on the tax rate, and then leveraging these funds by seeking grants from available state funds such as the Clean Water Trust Funds. Further Description of a Comprehensive Resource Conservation Program As a first step, we could document the loss of natural resources and other resources using GLS maps, and then project what future buildout would be (assuming present trends) in the next fifty years. The county has data from the Triangle Land Conservancy documenting the location and extent of the remaining prime forest land. The second phase of that study will establish conservation priorities for these lands. We also have documented the most sfgnLgcant farmland and historic sites. With this information in hand we should move quickly to draw comprehensive resource protection maps. The digitized data bases for these maps will be dynamic and capable of continuous updating reflecting the changes in status. 35 36 Using this information, we should devise a comprehensive resource conservation plan for Orange County. Once we have this plan, we can begin to acquire land. We have a fund now of between one and two million dollars for school park sites, but no active method of finding and acquiring sites. We have no comprehensive plan for the acquisition of other resources. However, land prices are escalating at an unprecedented rate and potential sites are being developed. With this fund we can set about purchasing land whether in the form of conservation easements, purchase of development rights, fee simple,- or other conservation tools. Although two million dollars is a relatively small amount of money, it can be considered seed money for future funding, used perhaps to match available state funds from the Natural Heritage and Clean Water Trust Funds. Later we can seek other methods of financing to provide a continuing source of funds to purchase and maintain natural areas, farmland, and recreational properties, which will balance the quality of life in our cornrmunity as development in our area increases. To facilitate the development and implementation of a Comprehensive Resource Conservation Program we should focus county efforts in a new Environment and Resource Conservation Department as proposed. Coordination of County Devartsnents to Support This Program Planning Department. There would be extensive cooperation between the Planning Depar -=ent and the new Environment and Resource Conservation Department_ For example, they would cooperate in the writing of new elements for the county's comprehensive plan and on efforts related to Shaping Orange County's Future. Recreation and Parks. The parks task force is working to develop a master plan for recreation and parks. Their recommendations would be integrated into the comprehensive resource conservation program. Purchases could be arranged by the new department, and the department could keep a record of all such purchases. Other Derartments and Boards. There would be cooperation with other departments and/or advisory boards. For exarnpie, there would most likely be cooperation with the Purchasing Department and with the Agricultural Districts Advisory Board. ImQlerren cation 1. Continue the one cent school/park reserve fund. 2. Hold a work session in August or as soon as can Ire arranged to discuss this proposed program and its relationship to existing preset -nation goals and programs. 37 Appendix F Comments from the Orange County Board of Health (October 1, 1998) �,' a t.:•`� °° wrangt &untg BzalO JUVartm>ent Rosemary L. Summers, MPH, DrPH Timothy J. Ives, Chair Health Director Brenda Crowder. Gaines, Vice Chair Orange County Board of Health. Orange County Board of Health Richard E. Whitted Human Services Center 300 W. Tryon Street, P.O. Bost 8181 Hillsborough, N.C. 27278 Telephone: (919) 73U181 Far. (919) 6443007 Management Division Joyce Ise, Administrative Officer To: Margaret Brown, Chair County Commissioners Through John Link, County Manager From: Orange County Board of Health Q� Through Rosemary Summers, Health DirectorA Re: Recommendations from 9/24/98 Meeting Date: September 29, 1998 '1„ty N A o.�......�.w 38 Southern Human Service Center 2501 Homestead Road Chapel Hill, N.C. 27516 Telephone: (919) 968.2022 Fats (919) 96& The Board of Health at its regular meeting had several comments they wished to share with the Commissioners as the new Environment and Resource Conservation Department (ERCD) is developed. Recommendations fell into two substantive categories: • A need for clear articulation of collaboration requirements between the new department and already existing departments with overlapping responsibilities, • A need for clear authority and accountability indicators for the new department. You invited draft language to be submitted that would reflect these two areas. The following are suggested changes to the draft of 8/26 based on the Board of Health discussions. I. Mission of the ERCD To promote and coordinate the conservation of natural and cultural resources in Orange County. II. Scope of Responsibility (new added section) The ERCD will have primary responsibility for developing a plan and program for the acquisition of land for resource conservation and developing and maintaining an integrated database for natural and cultural resources. In addition, it will collaborate with other relevant county agencies in areas of overlapping responsibility to provide support for Commissioner adopted goals in the natural and cultural resource area. The ERCD will have no regulatory or rulemalang authority. 111. Major Activities (this replaces much of the section labeled "Mission" under the current draft) 1. Coordinate with other relevant county departments, Commissioner goals for natural and cultural resource conservation. These will include Natural Resource Preservation, Historic Preservation, Farmland Preservation, Water Resources and Watershed Protection. Chapel Hill Durham Mebane (919) 9684501 (919) 68 8-7333 (336) 227.2031 39 2. As is on page 1 under mission. 3. Integrate current and future data into a comprehensive natural and cultural resource database. Discussion as is on page 1 under mission. 4. Collaborate with other county agencies in providing staff support to boards and commissions with overlapping responsibilities. For example, the Commission for the Environment and the Water Resources Committee staff support should be a shared responsibility with the Division of Environmental Health of the Health Department. Each department would jointly staff the Commission. 5. Develop collaborative relationships with other departments/agencies. Add second paragraph on page 3, under number 5. The Orange County Health Department (OCHD) has specific regulatory authority granted by state statute in the areas of water supply protection and on -site sanitary sewage disposal systems In addition, the interface of the environment with human health has always been a core public health function. The expertise of the staff within environmental health and their already established linkages to expertise at the state level will be a valuable resource for the new department. With these functions in mind, the health department should be one of the core collaborators with the ERCD in any areas involving groundwater, water protection, water resources, air quality, and agricultural land uses. Add air quality, agricultural and industrial use of land to chart under environmental health on page 4. III. Tasks for ERCD (same as section II, page 4 in current draft) Water Resources Project Add at end: The Environmental Health Division of the OCHD should be involved as implementation plans begin to be developed as part of the Water Resources Element of the Comprehensive Plan. - Initiatives from Commission on the Environment. Add at end: In the water resources and air quality areas, joint - staffing arrangements with the Environmental Health Division of the OCHD should be pursued Development of Comprehensive Natural and Cultural Resource Inventory Staff Boards/Commissions. For those areas in which an already existing staff and board exist with oversight responsibilities, a written plan for collaboration should be established for staffing and communication of relevant issues. A "Staff Advisory Committee" should be established to assist in coordination. Annual J oint meetings of relevant boards and commissions should be established to encourage linkages. For example an annual joint meeting of the Commission for Environment and the Board of Health should be part of the regular meeting calendar. 40 Developing Elements of Comprehensive Plan. Substitute for second sentence: The water resources element of the plan should have substantial ongoing input from the Environmental Health Division of the OCHD and from the Board of Health. The Board appreciates the opportunity to review the proposal and offers these changes for your consideration. They certainly support the commissioner's desire to have a coordinated, comprehensive natural and cultural resources program Orange County. Cc: Board of Health Ron Holdway ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No ACTION AGENDA ITEM ABSTRACT Meeting Date: October 20, 1998 41 SUBJECT: ALTERNATIVE PROCESS FOR ESTABLISHING THE ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT -------------------------- - - - - -- ------------------------------- DEPARTMENT County Commissioners PUBLIC HEARING YES NO x -------------------------- - - - - -- ------------------------------- BUDGE T AMENDMENT: _YES NO ATTACHMENT(S): YES INFORMATION CONTACT Commissioner Bill Crowther TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 ----------------------------------------------------------------------- PURPOSE: Consider an alternative process for establishing the Environment and Resource Conservation Department. BACKGROUND: If it is true the "devil is in the details" then it would be prudent to proceed with written agreements for each of the collaborating departments. (See Attachments) RECOMMENDATION: The Board of County Commissioners should direct the Commission for the Environment to prepare a draft Memorandum of Understanding with each department that is projected to collaborate with the new ERCD. Those should include (but not be limited to) , Orange Soil and Water Conservation District (NRCD), Health Department, Planning Department, Recreation and Parks Department, etc. All Memorandums of Understanding will be approved by the Board of County Commissioners before the official start of a new environment and Natural Resources Department. SOIL&VVATIi � 42 CONS Z-RVAi ION Orange Soil and Water Conservation District 306 Revere Road • P.O. Box 8181 Hillsborough, NC 27278 • Phone: (919) 732 -8181 • Ext. 2754 Fax: (919) 732 -7559 Auvust 19, 1998 To : Mr. John Link, County Manager From : Orange Soil and Water Conservation District Subject: Conservation District's Functions in Natural Resource Conservation Mr. Link, We have reviewed the proposal to form The Environment and Resource Conservation Department dated June 22, 1998 which emphasizes Elie importance of Natural Resource Conservation -in Orange County. We share the same concerns and would like to take this time to reinforce our commitment by making you aware of the resources the District and its partners have to offer. The local Soil and Water Conservation Districts have been and continue to be the backbone of natural resource conservation efforts in North Carolina and throughout the nation. Through the Conservation Partnership in North Carolina, county, state, and federal agencies combine to form a wide resource base which addresses many natural resource concerns. The District works hand in hand with The Natural Resources Conservation Service and other partners to provide technical assistance to landowners involving natural resource conservation and management. Attached is a listing of the types of technical resources available to Orange County citizens through the Conservation Partnership. (See attachment A.) - The Conservation Partnership also provides a wide variety of financial resources. These include funding for technical assistance, cost sharing and incentive programs. These programs promote and assist citizens with installation of Best Management Practices which help to improve water quality and conserve resources. These programs also have a tremendous impact on sustaining and protecting the resource base in Orange County. Attached is a listing of the programs available and a summary of the impact of some of these programs. (See attachment B.) The District is committed to the preservation of agriculture in Orange County. Statute GS -139 allows the District to assume many functions relating to resource conservation in its respective county. (See attachment C.) The District and its staff are well - placed to help the county meets its farmland protection goals. The District has agreed to hold Conservation Easements. (See attachment D.) The District may be willing to expand its role in this area. Some unanswered question still remain as to available resources, and legal and regulatory auth 43 Mr. John Link Page 2 August 19, 1998 The Orange Soil and Water Conservation District continues to provide a strong conservation program for the citizens of Orange County. Our program could be strengthened even more by receiving input from citizen groups, commissions, committees, and other county departments. The District Board is made up of elected and appointed representatives from Orange County. The District Board would welcome input through Associate Supervisors positions. The positions can be used as advisors to the board to assist them in goal setting and determining resource priorities in the county. The District will soon be developing its Operational Agreement with the County and other partners. This would be an ideal time for input from the County Commissioners, local organizations, and other county departments to meet and discuss what mutual needs and services we can provide each other. The Conservation Partnership is committed to quality leadership and customer service for the conservation of our natural resources. The District would like to continue to be a lead agency in conserving our natural resources and meeting the needs of the citizens of Orange County. _ If you need any addtional information please contact the Orange Soil and Water Conservation District at Ext. 2751. Charles Snipes Chairman Attachments •.M1ls •/ t e, 17lttL i21 i p Cv rangt (gountg Rzalt4 Department °," h Rosemary L. Summers, MPH, DrPH =��^41 Timothy J. Ives. chair Health Director Brenda Crowder Gaines, VLce Chair Orange County Board of Health Orange County Board of Health Management Division Joyce Lee, Administrative Officer Southern Human Service Center 44 2501 Homestead Road Chapel Hill. N.C. 27516 Telephones (919) 968.2022 Fam (919) 968• Richard E. Whitted Human Services Center 300 W. Tryon Street, P.O. Box 8181 Hillsborough, N.C. 27278 Telephones (919) 732$181 Faa (919) 644.3007 To: Margaret Brown, Chair County Commissioners Through John Link, County Manager From: Orange County Board of Health Through Rosemary Summers, Health DirectorA,� Re: Recommendations from 9/24/98 Meeting Date: September 29, 1998 The Board of Health at its regular meeting had several comments they wished to share with the Commissioners as the new Environment and Resource Conservation Department (ERCD) is developed. Recommendations fell into two substantive categories: • A need for clear articulation of collaboration requirements between the new department and already existing departments with overlapping responsibilities, • A need for clear authority and accountability indicators for the new department. You invited draft language to be submitted that would reflect these two areas. The following are suggested changes to the draft of 8/26 based on the Board of Health discussions. I. - Mission of the ERCD To promote and coordinate the conservation of natural and cultural resources in Orange County. Ii. Scope of Responsibility (new added section) The ERCD will have primary responsibility for developing a plan and program for the acquisition of land for resource conservation and developing and maintaining an integrated database for natural and cultural resources. In addition, it will collaborate with other relevant county agencies in areas of overlapping responsibility to provide support for Commissioner adopted goals in the natural and cultural resource area The ERCD will have no regulatory or rulemaking authority. III. Major Activities (this replaces much of the section labeled "Mission" under the current draft) 1. Coordinate with other relevant county departments, Commissioner goals for natural and cultural resource conservation. These will include Natural Resource Preservation, Historic Preservation, Farmland Preservation, Water Resources and Watershed Protection. Chapel Hill Durham Mebane (919) 9684501 (919) 688.7333 (336) 227.2031 45 2. As is on page 1 under mission. 3. Integrate current and future data into a comprehensive natural and cultural resource database. Discussion as is on page 1 under mission. 4. Collaborate with other county agencies in providing staff support to boards and commissions with overlapping responsibilities. For example, the Commission for the Environment and the Water Resources Committee staff support should be a shared responsibility with the Division of Environmental Health of the Health Department. Each department would jointly staff the Commission. 5. Develop collaborative relationships with other departments/agencies, Add second paragraph on page 3, under number 5. The Orange County Health Department (OCHD) has specific regulatory authority granted by state statute in the areas of water supply protection and on -site sanitary sewage disposal systems. In addition, the interface of the environment with human health has always been a core public health function. The expertise of the staff within environmental health and their already established linkages to expertise at the state level will be a valuable resource for the new department. With these functions in mind, the health department should be one of the core collaborators with the ERCD in any areas involving groundwater, water protection, water resources, air quality, and agricultural land uses. Add air quality, agricultural and industrial use of land to chart under environmental health on page 4. III. Tasks for ERCD (same as section II, page 4 in current draft) Water Resources Project Add at end: The Environmental Health Division of the OCHD should be involved as implementation plans begin to be developed as part of the Water Resources Element of the - Comprehensive Plan. Initiatives- from Commission on the Environment. - Add at end: In the water resources and air quality areas, joint - staffing arrangements with the Environmental Health Division of the OCHD shftfd4e pursued Development of Comprehensive Natural and Cultural Resource Inventory - Staff Boards/Commissions. For those areas in which an already existing staff and board exist with oversight responsibilities, a written plan for collaboration should be established for staffing and communication of relevant issues. A "Staff Advisory Committee" should be established to assist in coordination. Annual joint meetings of relevant boards and commissions should be established to encourage linkages. For example an annual joint meeting of the Commission for Environment and the Board of Health should be part of the regular meeting calendar. 46 Developing Elements of Comprehensive Plan. Substitute for second sentence: The water resources element of the plan should have substantial ongoing input from the Environmental Health Division of the OCHD and from the Board of Health. The Board appreciates the opportunity to review the proposal and offers these changes for your consideration. They certainly support the commissioner's desire to have a coordinated, comprehensive natural and cultural resources program Orange County. Cc: Board of Health Ron Holdway JUNE 22. 1998 80CC REGULAR MEETING DRAFT 47 I Proposal to form a new Environment and Resource Conservation Deoarbment The Board considered establishing a new Environment and Resource Conservation Department, Commissioner Gordon said that we have been talking about having this as a separate department instead of a separate function. She recommends that this department be established and she read the steps for implementation as included in the agenda Commissioner Crowther said that he does not want this to be a separate department He supports bringing resource conservation to a higher level. However. he believes we already have the Soil and Water Conservation Department and that some of the things we would like to do are being done at the state and federal level. He also wants to see what functions our Economic Development Department will be doing. Commissioner Carey said that he has some similar concerns. He would like to sae a comprehensive report before they take any further action on creating a new dePSrWWMIt He feels that the cost of County Government will increase if we add another department He would like to see it in an existing department until we see how it progresses. He feels that the Soil and Water Conservation Department does a great job. Commissioner Halkiotis supports what Commissioner Gordon is proposing. He would like to see this move ahead. He would hope that the County Manager could W existing resources to put into resource conservation. He feels this concem goes far beyond what the static is supporting and he does not see this as a part of the Planning Deparment. Commissioner Gordon feels that people are interested in environment and resource protection and that hardly anything the County does is directed toward these two areas. She fools the department is sorely needed. A motion was made by Commissioner Gordon, seconded by Chair Brown to establish a new Environment and Resource Conservation Department to include the four steps as outlined in the agenda abstract and incorporated here by reference. VOTE:_ Ayes, 3; Nos, 2 (Commissioners Carey and Crowther) DRAFT