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HomeMy WebLinkAboutAgenda - 12-06-2010 - 4iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 6, 2010 Action Agenda Item No. ~{- - 1 SUBJECT: Operational Agreement -Orange Soil and Water District DEPARTMENT: Environment, Agriculture, Parks and Recreation (DEAPR) PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Final Draft Operational Agreement Soil and Water Board of Supervisors INFORMATION CONTACT: David Stancil, 245-2510 Brent Bogue, 245-2750 PURPOSE: To approve an Operational Agreement regarding the role of federal, state, County and Orange Soil and Water District staff, including administrative practices and a Partnership Initiative between the District and County. BACKGROUND: Each of North Carolina's counties has, by North Carolina General Statute, an associated Soil and Water District. Soil and Water Districts were formed during the Great Depression to help address soil conservation and cropland erosion issues with agricultural operations. Over the decades, Soil and Water Districts have worked with farmers and rural landowners to address a variety of issues, such as best management practices, federal cost- share programs, farm conservation plans, and design and monitoring of animal waste lagoons. The Orange District consists of four staff persons, two State/County funded and two County funded. A United States Department of Agriculture (USDA) District Conservationist is also assigned to the office and serves both Orange and Person counties. District staff reports to an elected/appointed five-member Board of Supervisors. Over the past decade in particular, the District has broadened its scope of activity to address other areas within its charter from the State, including such functions as well abandonment, environmental education, agricultural drought response and agricultural conservation easements. Since 2002, the District, USDA and the County's Department of Environment, Agriculture, Parks and Recreation (DEAPR) have partnered to leverage more than $3.5 million in USDA grant funds for conservation easements on 11 County farms, conserving over 1,200 acres of Orange County prime and threatened farmland in perpetuity. District and DEAPR staff regularly collaborate on environmental education, drought education, watershed protection and groundwater quality and quantity programs. 2 Over the last 18 months, administrative changes from USDA and County reorganization has strengthened and formalized mutual support, administrative and program relationships between the District and the County. The Soil and Water District was assigned as an Office within the Environment and Resource Conservation Department in 2008 (and subsequently within DEAPR in April of this year). Staff has taken the opportunity of the new Operational Agreement to formalize and acknowledge this structure, and propose a Partnership Initiative that addresses the support and program activities of DEAPR and the District. With the passage of time, many of these activities are already in place within DEAPR's organizational structure and have been occurring for some time now. In this sense, the Operational Agreement and the attached Partnership Initiative for the most part merely formalizes arrangements that are already in place. The Operational Agreement itself is a four-party document that addresses the role and responsibilities of the USDA Natural Resource Conservation Service (especially District Conservationist Brent Bogue, who splits time between Orange and Person counties) with the N.C. Division of Soil and Water, the Orange Soil and Water District and the County -especially with regard to implementation of USDA programs at the District level. The Orange Soil and Water District Board of Supervisors first approved the draft Operational Agreement on May 28, 2009. Due to delays in USDA approval processes, the Agreement was not received back in the County until earlier this year. Minimal changes (none of which were substantive) were made by USDA staff in Washington. The Orange District Board of Supervisors and staffs have reviewed and concur with the current version (attached). The Agreement has also been reviewed by the County Attorney. Some names and dates have been updated (ERCD to DEAPR, for example). FINANCIAL IMPACT: There is no financial impact associated with the Operational Agreement or the proposed partnership, which essentially affirms and acknowledges administrative changes made in 2008. Funding for Partnership Initiative activities already exists within the DEAPR budget (of which the Soil and Water District budget is part), and many of these activities have been occurring for over a year due to previous reorganizations. Some reductions in costs and efficiencies in service provision have already occurred by virtue of the arrangement as staff shares equipment and vehicles, web and GIS resources, and coordinated staff coverage. Importantly, District staff will also begin assisting with conservation easement monitoring and stewardship upon approval of the Agreement, thus mitigating future stewardship needs and costs. RECOMMENDATION(S): The Manager recommends that the Board approve the Operational Agreement and attached Partnership Initiative and authorize the Chair to sign the documents as necessary. 3 OPERATIONAL AGREEMENT Between the UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE and DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES - DIVISION OF SOIL AND WATER CONSERVATION .and THE ORANGE SOIL AND WATER CONSERVATION DISTRICT and ORANGE COUNTY, NORTH CAROLINA REGARDING Cooperation in the Conservation of Natural Resources in ORANGE COUNTY SECTION 1. BACKGROUND STATEMENT AND PURPOSE THIS AGREEMENT is between the Natural Resources Conservation Service (MRCS), an agency of the United States Department of Agriculture (USDA), referred to herein as "NRCS"; the DENR-Division of Soil and Water Conservation (DSWC) an agency of the State of North Carolina, referred to herein as the "Division"; the Orange Soil and Water Conservation District "the District" and Orange County (the "County"),apolitical subdivision of the State of North Carolina, collectively referred to as the parties, to clearly define the roles and responsibilities of the parties as relates to cooperation on the conservation of natural resources and the administration of the District within the County organizational structure.. The purpose of this agreement is to supplement the Cooperative Working Agreement between the USDA-Natural Resources Conservation Service, North Carolina Department of Environment and Natural Resources, North Carolina Soil and Water Conservation Commission, and Orange Soil and Water Conservation District. This operational agreement documents those areas of common interest of the federal, state and local partnership in natural resources conservation. The parties mutually agree to provide leadership in natural resources conservation. The parties pledge to work together by advancing and practicing teamwork, including input in the decision making process; communicating, coordinating, and cooperating; promoting mutual respect, and sharing leadership, ownership, credit and responsibility. 4 This operational agreement renews the relationship between Orange County, the District, the Division, and the NRCS. Effective upon signing, it replaces the Memorandum of Understanding approved by the Orange County Commissioners on November 14, 2000 and signed May 7, 2001. In addition, this Agreement further defines a formal "Partnership Initiative" between the District and Orange County's Department of Environment, Agriculture, Parks and Recreation (DEAPR). This Initiative strengthens an alliance between the two agencies with similar missions. The affiliation between the two organizations is designed to strengthen and mutually-support each other and is undertaken by Orange County government in conjunction with the District. The Partnership Initiative is described in further detail in Attachment B to this Agreement. SECTION 2. AUTHORITIES, STATUTES, LAWS NRCS is authorized to cooperate and furnish assistance to the parties in the conservation of natural resources as referenced in the Soil Conservation and Domestic Allotment Act, 16 U.S.C. 590; The Department of Agriculture Reorganization Act of 1994, Public Law 103-354; and Secretary's Memorandum No. 1010-1, Reorganization of the Department of Agriculture, dated October 20, 1994. DSWC is authorized to enter into this agreement by North Carolina General Statutes §139-4 and § 143B-294 - § 143B-297. The District authority is defined in Soil Conservation Districts Law, General Statutes of North Carolina §139-1 - §139-47. The County is authorized to enter into this agreement by North Carolina General Statutes § 153A- 11 and § 160A-461 - § 160A-464. SECTION 3. ROLES AND RESPONSIBILITIES: CONSERVATION PROGRAM IMPLEMENTATION The parties recognize the natural resources conservation program as a unique blend of voluntary conservation initiatives and federal, state, and local mandates. Together these address a variety of natural resource, environmental, and educational issues. The parties agree to jointly commit their program authorities and financial and human resources to cooperatively implement a unified natural resources conservation program in areas of mutual concern. An annual meeting will be convened to maintain communication of ideas, developments, concerns and changes within the scope of the District, Partners, and County relationships. Members of the committee will include representatives Orange County Government as selected from the Board of Commissioners, Orange County's Department of Environment, Agriculture, Parks and Recreation Staff, the Division of Soil and Water Conservation, the Natural Resources Conservation Service, members of the Orange Soil and Water Conservation District Board, and District Staff. The implementation of all programs will be performed in accordance with program policy and procedures, standards and specifications, developed for that specific program - whether federal, State or local. 2 5 It is acknowledged herein that Orange County, through its Department of Environment, Agriculture, Parks and Recreation (DEAPR), will be the assigned administrative `home' within the Orange County government organization for the District, which will function as an office within County government affiliated with DEAPR, for County administrative purposes. However, this affiliation does not preclude or relinquish the District's autonomy and program authority pursuant to this Agreement for other duties and activities related to the District, NRCS, and Division. Certain County natural resource conservation, water quality and environmental programs and activities each year will be conducted in conjunction with the County's DEAPR, and other programs coordinated by the district. Examples of both types of programs and activities -which are not mutually exclusive -are detailed in the annual work plan (Attachment A) and the County/District Partnership Initiative (Attachment B) The annual District work plan will align with the Guiding Principles of its Long Range Strategic Plan. Activities conducted with or on behalf of Orange County under the attached Partnership Initiative will also conform to County policies and programs. Examples of these deliverables, which may be either federal, State or local in nature, are: • Watershed Management -Write conservation plans, provide stream assessments, collect watershed data, and deliver technical assistance for the design and implementation of best management practices, work with partners to solve natural resource problems and to improve water quality. • Address urban community conservation issues with new engineering and agronomic practices to improve watersheds. Sustainable Wor'ng Lands -Using the District work plan and/or the County Partnership, conserve and create open space, encourage voluntary action toward conservation, preservation and viability of private working lands through easements and Voluntary Agricultural District programs, develop options for productive sustainable and manageable forest lands, and to maintain, create habitats and enhance diverse and desirable wildlife species. To minimize duplication of services and pursue program efficiencies, many of these efforts will be accomplished in conjunction with the Orange County Lands Legacy Program, an existing County land conservation program for the conservation of critical natural and cultural resource lands, as noted in Attachment B. Assist Landowners with Conservation Plans that allow them to qualify them for federal dollars under USDA guidelines. • Provide state, federal, and other cost share as available, to address natural resource and water quality issues. • Resource Development -Working with the County DEAPR, which has a similar mission, develop conservation partnerships fo bring resources to Orange County that supplement the projects currently designed to conserve the natural resources. • Environmental Stewardship -Direct youth environmental education programs, conduct adult environmental education training; coordinate Orange County Big Sweep and other 6 volunteer projects to involve Orange County residents, and work with a variety of partners (including the Orange County DEAPR) to leverage resources in developing and delivering new stewardship programs. May conduct an Annual Conservation Awards program with the Orange County Board of Commissioners and Department of Environment, Agriculture, Parks and Recreation Department. The District will also assist in the shared goals of environmental stewardship in Orange County as outlined in the County's adopted Environmental Responsibility Goal and other adopted policies. Pursue other environmental education efforts as per the County Partnership Initiative (Attachment B). • Leadership in a Changing Environment -Promote local markets and alternative methods of agribusiness, partner with other organizations to facilitate the Keeping the Farm workshop or other forums that involve citizens and communities. Explore alternative conservation practices that are creative, innovative and cost effective. Initiate Board-to-Board conversations to lead Orange County's natural resource conservation for present and future generations. Participate in efforts with the County DEAPR on renewable energy, energy efficiency and sustainability projects, as identified in Attachment B or may be agreed to in the future by the parties. Inventories and Data Sharing: The parties will cooperate in maintaining data to assure that it supports the mutual needs of the parties for natural resource planning and evaluation. The parties further agree that gathered data will be mutually shared and used in support of conservation program implementation as needed to facilitate implementation of the conservation program as shown in Attachment A. The use and disclosure of information will be consistent with the guidelines provided in the Records, Facilities, and Equipment Section of this agreement. As a part of the Partnership Initiative with Orange County DEAPR as described in Attachment B, DEAPR will share its extensive Comprehensive Natural and Cultural Resource Database with the District, and DEAPR's resources and staff will be made available for District and County conservation purposes, consistent with the agreement. Setting Program Priorities: The parties agree to implement the conservation program based on mutually developed priorities while recognizing individual responsibilities for federal, state, or local mandates. Further, the parties agree that the District may work to achieve the mutually- shared goals and program priorities of Orange County's existing conservation programs, administered through the Orange County DEAPR and as outlined in the partnership Initiative described in Attachment B to this Agreement. Programs to be Implemented: Attachment A includes a list of Federal, State and District programs that will be utilized to address priorities and concerns. Programs from the State are planned on a three-year implementation cycle. Inventory, evaluation, design, coordination, implementation and evaluation for projects are amulti-year process. Budget reviews should be effective on a two-year cycle due to the nature of conservation system implementation. 4 7 SECTION 4. TECHNICAL STANDARDS AND JOB APPROVAL AUTHORITY A. FOR DISTRICT ACTIVITIES As relates to District programs and activities outside of the County Partnership Initiative, the parties agree to utilize the USDA NRCS Field Office Technical Guide or Soil and Water Conservation Commission adopted standards as the minimum technical standards for conservation program implementation in areas of mutual concern. The parties may utilize more stringent standards when necessary to comply with locally enacted laws or ordinances. The NRCS will be the lead agency in the development, maintenance, and interpretation of the Field Office Technical Guide. When program contracts are developed, the District and NRC5 employees in the office will provide conservation planning assistance that meets NRCS planning policy. At a minimum, the conservation planning will encompass the field or fields impacted by the cost-shared conservation practices. The parties agree that their respective employees will provide technical assistance based on assigned conservation practice (job approval) authority which is based on acquired knowledge, skills, and demonstrated ability and within applicable laws, regulations, and guidelines. Conservation practice (job approval) authority will be determined and documented according to NRCS National Engineering Manual, Part 501, by the certification system authorized by the NC Soil and Water Commission and in accordance with the NC NRCS policy and procedures regarding job approval authority. Each technical employee in the office will acquire the necessary skills to qualify for job approval authority for the routinely used engineering and non- engineering conservation practices prevalent in the county. Both District and NRCS employees will attend available training sessions to maintain their knowledge, skills, and abilities related to conservation planning and practice design, layout, checkout, and certification. B. FOR COUNTY ACTIVITIES AS PART OF THE DISTRICT/COUNTY PARTNERSHIP For project activities undertaken for or on behalf of Orange County as part of the Partnership Initiative, NRCS and District employees will also adhere to adopted NRCS technical guides and planning policy, where relevant, and to relevant County programs, ordinances and policies as may be in place (not inconsistent with the standards and policy for NRCS and the Division herein). SECTION 5. PERSONNEL AND FISCAL MANAGEMENT Orange County will, by and through its Human Resources Department, provide assistance to the Orange Soil and Water Conservation District in administering a uniform system of leave, compensation and benefits under the procedures which apply to Orange County employees. This assistance and system will be administered through the Partnership Initiative (Attachment B), and the District will be administered as an "office" within County government as part of the Department of Environment, Agriculture, Parks and Recreation Department. It is understood 5 8 that employee leave scheduling and all other matters concerning supervision or management of employees within this office - as relates to the County administration of the Office, or Partnership Initiative activities- are within the supervisory authority of the County Department Head, which shall be the County Department of Environment, Agriculture, Parks and Recreation Director. It is further understood that matters concerning supervision or management of employees within this office as related to all other activities and duties are within the supervisory authority of the Soil and Water Conservation District Board of Supervisors and administered by the District Conservationist. Department Head For administrative purposes of County government, and for Partnership Initiative activities as outlined in Attachment B, the parties jointly agree that the DEAPR Director will serve as the County Department Head. For all other activities that involve NRCS or District-specific programs and responsibilities, the NRCS District Conservationist (DC) shall serve as the supervisor. Both the Department Head and District Conservationist will consult with the County Manager involving County policy, procedures, communications, and requirements. Personnel Management The management of NRCS personnel is the responsibility of NRCS. The management of District employees engaged in District functions for NRCS, State or District activities is the responsibility of the District Conservationist. The management of District employees engaged in County/District Partnership Initiative activities as defined in Attachment B, or under County administrative purposes, is the responsibility of the County Department of Environment, Agriculture, Parks and Recreation Director. In the interest of facilitating these responsibilities for federal/State and District programs, the NRCS District Conservationist is delegated the authority for: 1) Technical oversight - As a condition of assigning Job Approval Authority to District employees, NRCS must periodically review the technical work of these employees to assure adherence to planning and design standards and policy. The DC is assigned as the NRCS representative to provide this oversight. NRCS Area personnel will also periodically review the technical work of both NRCS and Orange SWCD employees in the office. 2) Delivery of employee technical training and development. 6 9 Fiscal Management The parties will work together to maximize available resources and actively seek funding to accomplish natural resource priorities and programs. The County agrees to provide budget management and finance services. for the conduct of the District's business with the same level of service provided to other Orange County Departments and government operations. Processing of budget management and fmancial services (such as purchase requisitions) will be administered through the County DEAPR and Financial Services Department, in coordination with the Board of Supervisors, the DC and District staff. SECTION 6. RECORDS, FACILITIES, AND EQUIPMENT The parties will work together to provide office space, vehicles, and equipment within funding limits, operating guidelines, authorities, federal and state laws, and local ordinances. The parties will work cooperatively to shaze these resources through the use of formal and informal agreements as follows: Office Space -The County will provide adequate office space for the District and NRCS in the same location as the Farm Service Agency. Vehicles -The County will provide vehicles to District employees, and NRCS will provide vehicles to NRCS employees for daily use in the scope of their work. District personnel with approval to operate government vehicles may use the federal vehicle for promoting conservation programs, commensurate with the NRCS mission and priorities, when it is available. The parties will agree on the maintenance, update, and disposition of relevant records. Access to records will be governed by Section 1619 of the Food, Conservation, and Energy Act of 2008, the Federal Freedom of Information Act (FOIA) and/or the North Carolina Public Records Law depending on whether the record is a federal record or a state/local record. Each party accepts responsibility for any security breach caused by their employee(s). All parties agree to protect personally identifiable and/or confidential information from customers and employees by securing this information in locked file cabinets. When the information is being used and not in a locked cabinet, the employees will keep it with them personally (folder, memory storage device) to avoid improper disclosure or loss of the data. Personally identifiable and/or confidential information will only be used for authorized purposes. SECTION 7. FEE FOR SERVICES The parties recognize that nonfederal signatories may establish procedures to collect fees, where permissible, for delivery of such services which are not provided through federal fmancial or techriical assistance. From time to time the Orange Soil and Water Conservation District may • sell materials (i.e. native species plants, wildlife nesting boxes) • solicit sponsorship for special events, or community/educational workshops 7 10 • participate in general fundraising SECTION 8. ACCOUNTABILITY The parties agree to cooperatively develop and utilize natural resource databases to measure effectiveness in program delivery and customer satisfaction. Orange County agrees to make its Natural and Cultural Resources Database, and GIS staff resources, available to District staff. The District will annually provide a copy of its Annual Report by September 1st and a copy of the Plan of Operations by July 31st to the other signatories of this agreement. The District will also provide a copy of their Long Range Plan, which, at no time, will be in excess of five years old. SECTION 9. SCOPE OF AGREEMENT This agreement covers the basic operating understanding between all parties. Authority to carry out specific projects or activities, transfer of funds, or acquisition of services or property, will be established under separate agreement, or as provided for in Attachment B to this Agreement. The parties agree that contracts, memorandums of understanding, and/or additional agreements may be entered into, as needed, to facilitate the implementation of natural resources conservation programs within the Conservation District. SECTION 10. TORT LIABILITY The parties will each assume responsibility for the actions of their officials or employees acting within the scope of their employment to the extent provided by federal and state laws and local ordinances. SECTION 11. CIVIL RIGHTS The parties recognize the benefit and importance of delivering conservation programs equitably to all customers, having a diverse staff to assist this customer base, and having diversity within the Board of Supervisors. The parties agree to work cooperatively to achieve diversity in all aspects of the conservation program through effective outreach and marketing. The parties will be in compliance with the nondiscrimination provisions contained in Titles VI and VII of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987 (Public Law 100-259) and other nondiscrimination statutes, namely, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, Americans with Disabilities Act of 1990, and in accordance with regulations of the USDA Secretary of Agriculture (7CFR-15, Subparts A & B) which provide that no person in the United States shall, on the grounds of race, color, national origin, age, sex, religion, marital status, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal fmancial assistance from the Department of Agriculture or any agency thereof. 11 SECTION 12. REVIEW/MODIFICATION/TERMINATION This agreement will be reviewed annually and unless amended, continued. The agreement can be modified or terminated at any time by mutual consent of all parties or can be terminated by any party by giving 60 days written notice to the other parties. UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: Date: State Conservationist ORANGE SOIL AND WATER CONSERVATION DISTRICT BOARD OF SUPERVISORS By: Date: Chair NC DEPARTMENT OF ENVIROMENT AND NATUARAL RESOURCES- DIVISION OF SOIL AND WATER CONSERVATION By: Date: Director ORANGE COUNTY BOARD OF COMMISSIONERS By: Date: Chair 9 12 Attachment A The following is a detailed list of Resource Inventories, Programs and Marketing Media used to address local conservation priorities and concerns. The parties agree to utilize these in a complimentary manner, thus maximizing the delivery of conservation benefits to customers and clients. This list is subject to informal changes or updates. RESOURCE INVENTORY & DATA SHARING Inventory of Natural Areas and Wildlife Habitat, Orange County NC Natural Resource Inventory (FSA, NCACSP, 0.200) River Basin Study Reports (Meuse/Cape Fear River) Upper Meuse Basin Hydrologic Model, Orange County GIS/Comprehensive Resource Database Orange SWCD Long Range Plan Soil Survey of Orange County Meuse River Basin-wide Water Quality Management Plan PROGRAMS Federally Initiated Programs Conservation Technician Assistance (CTA) National Cooperative Soil Survey (NCSS) Small Watershed Program (PL-566) River Basin Surveys & Investigations (RB-09) Resource Conservation & Development (RC&D) Emergency Watershed Program (EWP) Environmental Quality Incentives Program (EQIl') Grassland Reserve Program (GRP) Conservation Stewardship Program North Carolina Initiated State Programs NC Agricultural Cost Share Program (NCASCP) - DSWC NC Community Conservation Assistance Program (NCCCAP) -DSWC NC Agriculture Drought Assistance) -DSWC Envirothon -Local, regional, state and national Neese River -DSWC Cape Fear River -DSWC Erosion and Sedimentation Control -Urban Areas Site Plan Reviews -Non Ag. Developments Stewardship Incentive Program (SIP) - DFR Confined Annnal Permits - NCDENR Farmland Protection NC-Ecosystem Enhancement Program (NC-EEP) NC Agricultural Cost Share Program (NCACSP) Environmental Quality Incentives Program (EQIP) Forest Land Enhancement Program (PEEP) Wildlife Habitat Incentives Program (WHIP) Toolkit Maps (USGS Topographical, National Wetland Inventory and Flood Insurance Rate Maps.) Historical Aerial Photos NC Community Conservation Assistance Program (NCCCAP) -DSWC Forest Land Enhancement Program (PEEP) Wetland Reserve Program (WRP) Wildlife Habitat Incentives Program (WHIP) Conservation Reserve Program(CRP) Emergency Conservation Program (ECP) NC Partners for Wildlife Farmland Protection (FRPP) 319 Funds National Guidelines for Excellence in Environmental Education (NAAEE) Other federal program as authorized by the Farm Bill Clean Water Management Trust Fund Wildlife Biology Technical Assistance-NCWRC Wildlife Restoration Committee 0.100 Regulations 0.200 & 02T Regulations Forest Development Plan (FDP) - NCFS North Carolina Environmental Education Plan North Carolina Big Sweep Conservation Reserve Enhancement Program (CREP) - DSWC 10 13 Locally Initiated Programs Orange County Lands Legacy Program Orange County Environmental Responsibility Goal Countywide Farmland Protection Plan Orange County Comprehensive Plan 2030 Orange County Voluntary Agricultural District Program Agricultural Preservation Board Farmland Preserve Environmental Education MARKETING MEDIA - Newsletters (SWCD, FSA, CES, Country Intranet) - Local radio stations - UNC Public TV - Private Schools - Public Schools - Church Newsletters - Local Government payrolls and billings - Local Chamber of Commerce(s) Triangle Land Conservancy Orange County Water Resources Initiative Orange County Watershed protection program H2Orange Water Conservation Initiative Erosion & Sedimentation Control -Urban Areas Site Plan Reviews -Non Ag. Developments Awards and Recognition Program Clean Water Education Partnership (CWEP) - Durham Technical Community College - The Independent - Orange County Government Orange Cable Access Channel - Internet Web Pages (State, County, SWCD) - NCSU, Duke University, UNC-CH - The News and Observer (Daily) - Local Papers (The News of Orange, Durham Herald Sun, Carrboro Citizen, Chapel Hill News) - Local Broadcasting (TV, Radio, Cable) 11 14 Attachment B Orange Soil and Water District /Orange County Partnership Initiative Whereas, the Orange Soil and Water Conservation District (the District) and the Orange County Department of Environment, Agriculture, Parks and Recreation (DEAPR) share a similar mission and have many goals, objectives, programs and responsibilities of mutual interest; and Whereas, the District and DEAPR have a long history of working together on farmland preservation, water resources, environmental education and other joint tasks, which have resulted in over $3.5 million in grant funds accruing to projects in Orange County, and Whereas, the mission of Soil and Water Conservation Districts statewide is evolving into greater emphasis on land and water conservation initiatives which closely mirror activities and programs of the DEAPR; and Whereas, the District and DEAPR are co-located adjacent to each other in the County's Environment and Agricultural Center; and Whereas, the DEAPR Director is the assigned administrative department head for the District for certain County policies, functions and protocols; and Whereas, a recent reorganization proposal for County government proposed a formal partnership linkage by interlocal agreement between the District and DEAPR, and this concept was favorably received by the Orange County Board of Commissioners and the Orange Soil and Water Conservation District Board of Supervisors: NOW, THEREFORE, BE IT RESOLVED: THAT THE DISTRICT AND ORANGE COUNTY ANNOUNCE THE INTENTION TO ENTER INTO A PARTNERSHIP INITIATIVE, WHICH FORMALIZES EXISTING ARRANGEMENTS AND CREATES A NEW AND EXPANDED AFFILIATION BETWEEN THE DISTRICT AND DEAPR FOR JOINT CONSERVATION ACTIVITIES AND THE SHARING OF RESOURCES, AND PROVIDES FOR AN ADMINISTRATIVE "HOME" WITHIN COUNTY GOVERNMENT FOR THE DISTRICT - IN AFFILIATION WITH DEAPR. THE PARTNERSHIP INITIATIVE WOULD BE EFFECTIVE UPON BE IT FURTHER RESOLVED THAT THE DISTRICT AND ORANGE COUNTY AGREE TO REVIEW AND AMEND THE NATURE, OF THE PARTNERSHIP DESCRIBED HEREIN ON A REGULAR BASIS, ON ALTERNATE YEARS OF THE ANNUAL CONSERVATION 12 15 MEETINGS AS DESCRIBED IN SECTION 2 OF THIS OPERATIONAL AGREEMENT. FOR THE INITIAL TWO-YEAR PERIOD, THE DISTRICT AND COUNTY AGREE TO THE FOLLOWING ACTIVITIES AS PART OF THE INITIATIVE: WHAT THE COUNTY WILL DO: 1. For organizational purposes, and to provide a permanent home within the County organizational structure, Orange County will officially assign the Soil and Water Conservation District to be an Office. The Soil and Water Conservation District Office will be a freestanding division and will be administered as part of the Department of Environment, Agriculture, Parks and Recreation. 2. For County administrative processes, policies and protocols, and for Partnership programs undertaken as part of this agreement, the Department of Environment, Agriculture, Parks and Recreation Director will continue to serve as the Department Director for District staff. The District Conservationist will continue to serve as the supervisor and director of activities of the District for all other functions and programs, as is currently done. 3. The County will make Department of Environment, Agriculture, Parks and Recreation staff available for assistance to the District, for administrative support, day-today office coverage, GIS support, and other coordination as needed. 4. The County will provide office space at the County Agricultural Center for the District and NRCS staff, and will provide, vehicles -including the use of DEAPR vehicles - to District staff. DEAPR will. also make other equipment, such as GPS units, printers, and presentation equipment, to District staff for use. 5. The County will make available its Comprehensive Natural and Cultural Resource Database, which includes significant geospatial data and mapping capability on natural resources including water resources and the groundwater database, agriculture and cultural resources. 6. The County will agree to utilize District staff in the annual monitoring of agricultural conservation easements. Further, to amutually-agreeable degree to be defined at a subsequent date by the County and the Soil and Water Conservation Board, District staff will be invited to assist and participate in stewardship activities on lands held by the County and administered and managed by the Lands Legacy Program. 7. The County will invite District staff to participate in environmental and agricultural preservation activities and programs undertaken by the County, as District staff time permits, including the State of the Environment report, the Greenhouse Gas Emissions Inventory and Action Plan, watershed protection programs and efforts (such as the Jordan Lake Working Group), and environmental education initiatives. 8. The County will make available the DEAPR webmaster for assistance to District staff in maintaining the District web page. 9. DEAPR will use its resources and Internet presence to help publicize District, state and federal programs for conservation, and will assist and participate as requested in helping with federal and State programs administered by the District. 13 16 WHAT THE DISTRICT WILL DO: 1. District staff will continue to collaborate with DEAPR staff on environmental education efforts, conservation of natural areas and wildlife habitat and prime forests, and watershed protection /water resources efforts. 2. District staff and the District Conservationist will continue to collaborate on opportunities for conservation funding assistance, including grants for conservation easements, with DEAPR staff. 3. District staff will provide assistance and advice in the management and design of public parks, nature preserves and open spaces, and in the creation of wetlands and stream restoration (as is currently done). 4. District staff will participate in County farmland preservation efforts, including periodic attendance at Agricultural Preservation Board meetings to advise of new programs and participate in farmland preservation and agricultural viability initiatives. 5. District staff will conduct annual monitoring visits with the Land Conservation Manager to County-held agricultural conservation easements. Staff will advise on potential activities, adherence to best practices, and make other suggestions or proposals using their expertise in agricultural operations. 6. District staff will participate and advise, to the degree directed by the Soil and Water District Board, in County energy efficiency and conservation programs, greenhouse gas emissions reductions efforts, and other air quality or climate change efforts. 7. District staff will communicate monthly with DEAPR staff on potential expanded use of State and federal programs administered by USDA or the State, to maximize the opportunity for citizens to make use of cost-share programs toward conservation. 8. District staff will participate in the Orange County Conservation Alliance, asemi-annual gathering of all conservation organizations, local governments and other entities active in land conservation. The parties agree that this list of partnership activities should be reviewed every two years or as determined to be necessary. The parties further agree that potential new areas of collaboration should be explored periodically, and added to the Partnership Initiative upon mutual agreement of the Board of County Commissioners and the Soil and Water District Board. This Partnership shall become effective upon the ratification of the parties. William C. (Chris) Hogan, Chair Date Orange Soil and Water District Board of Supervisors Chair Date Orange County Commissioners 14 Staff & Board Page 1 of 1 17 was e,~s t~!RGE ~C2LTN'I`i' ~ ItiT~3ItTH C.~Rt~LINA 4.a~.. Board of Supervisors Monthly Meeting Schedule 7:30 p.m, on the 4th Thursday of each month at the Soil & Water Conservation District Office (unless time and location changes noted). Please contact Lisa Pooe concerning issues to bring to the attention of the Board. The Board of Supervisor meetings are listed with Ail County Meetings. 2010 Standard Meeting Agenda The standard agenda (pdf) contains a list of items regularly discussed at monthly meetings. The agenda is subject to change as needed. Meeting Minutes The meetino minutes for the past year Board of Supervisors The current Board of Supervisors are: Name Address Email William C. Hogan (Chris), Chair - 117 Redbud Lane Elected Chapel Hill, NC 27514 Con a 8615 Harmony Church Road Roger Tate, Vice- Chair -Elected Efland, NC 27243 ont 7010 Thunder Mountain Road Donald N. Cox, Treasurer -Appointed Efland, NC 27243 nta 5500 Corbett Ridge Road Larry Rogers -Appointed Mebane, NC 27302 C nta Morris Shambtey- Elected (Bd. 2609 Mt. Willing Road appointed, unexpired position) Efland, NC 27243 Conta Operations of Orange County Soil and Water Conservation District are directed by a Board of Supervisors. Three of the five members are elected officials. The remaining two are nominated by the Board and appointed by the state Soil and Water Conservation Commission. All positions are non-partisan. Historically, the same District Law of Soil and Water Conservation Districts (pdf) has always been used. http://www.orangecountync.gov/soilwater/StaffBoard.asp 11 /18/2010