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HomeMy WebLinkAboutAgenda - 10-05-2010 - 4hORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 5, 2010 Action Agenda Item No. ~ " ~'1 SUBJECT: N.C. Forest Service Contract for FY 2010-11 DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y/N) No Parks & Recreation and Financial Services ATTACHMENT(S): Proposed FY 2010-11 Contract INFORMATION CONTACT: David Stancil, 245-2590 Frank Montes de Oca, 245-6100 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. 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 District 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 District 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, 2 • 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, the Board of County Commissioners' 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 is a public seminar series that includes a session later this year on `Sustainable Forest Management and Stewardship," in which the County and District offices plan to participate. In 2009-10, 76 forest management plans for 3,700 acres were created by the local offices and $6,530 in State cost-share funds were provided to Orange County landowners for tree-planting and pre-commercial thinning. Staff made 81 on-site visits to active logging operations within this time frame, and 208 acres of new forest were planted. The Forest Service addressed 22 forest fires on 26.40 acres of land which threatened 23 homes valued at 3.5 million dollars. Staff also completed five Community Wildfire Protection Plans (risk assessments) within the County's fire districts. To date 8 of 10 fire districts have now been completed. Forest Service staff also provided Wildland Fire Suppression training classes to Carrboro and White Cross Fire Departments. 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 2010-11 Forest Service, budget is $161,600, with the County's share as per the proposed contract at $64,640, a decrease of $560 from last year. These funds are included in the adopted FY 2010-11 County budget. RECOMMENDATION(S): The Manager recommends that the Board approve the annual agreement between Orange County and the N.C. Department of Environment and Natural Resources for FY 2010-11, authorizing the Chair to sign the agreement. 3 STATE OF NORTH CAROLINA Department of Environment & Natural Resources $ 161,600 Total Cooperative Appropriation $ 96,960 60% State $ 64,640 40% County AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IlVIPROVEMENT OF FOREST LAND IN ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, made under authority of "An act to authorize Counties to cooperate with State in Forest Protection, Reforestation and promotion of Forest Management," (Section 113-59 of the general Statutes of North Carolina - 1943), and also under authority of another Section of the General Statutes, namely Section 113-54, by the North Carolina Department of Environment & Natural Resources (hereinafter Called the Department), party of the first part, and the Board of Commissioners of ORANGE COUNTY in the State of North Carolina (hereinafter called the Board), party of the second part, witnesseth: That WHEREAS the said Board, recognizing the need for active forest protection, development, reforestation, management and improvement in ORANGE COUNTY, has accepted the offer of the Department for cooperation in accomplishing this object: Now THEREFORE, in consideration of the mutual covenants hereinafter set forth, the said parties contract and agree to maintain a legally appointed and equipped Forest Ranger organization in said county at the joint cost of the State and County, insofar as the joint funds will permit, as follows: Part I. THE DEPARTMENT AGREES: 1. To select, employ and appoint, after consultation with the Board, a County Forester or County Forest Ranger for the purposes of controlling forest fires in said County; for detecting and extinguishing fires that break out; for investigating the origin of forest, woodland and field fires; for enforcing State forest fire laws; for taking such preventative measures, educational and otherwise, as shall seem necessary to prevent forest fires; for developing and improving the forests through reforestation promotion and practice of Forest Management practices; and for protection from insects and diseases. 4 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 SIX THOUSAND NINE HUNDRED SIXTY DOLLARS ($96,960) as its share of an annual budget of $161,600 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 FOUR THOUSAND SIX HUNDRED FORTY DOLLARS ($64,640) 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, 2010. 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 bea nning 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. 5 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 COITNTY. 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