HomeMy WebLinkAboutAgenda - 08-20-1996 - VIII-C 1
Orange County
Board of County Commissioners
Action Agenda
Action Agenda Item Abstract Item No
Meeting Date: August 20, 1996
Subject: Forest Service Contract
Department Budget Office Public Hearing Yes No—X_
Budget Amendment
Needed Yes No_X_
Attachment(s) Information Contact
Agreement for the Protection Sally Kost ext. 2151
Development and Improvement of Telephone and Extension Number
Forest Lands in Orange County Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
Purpose
To consider the annual agreement between Orange County and the North Carolina
Department of Environment, Health and Natural Resources to support the NC Forest
Service in Orange County.
Background
This agreement will provide for the continued maintenance by the NC Department of
Environment, Health and Natural Resources through the NC Forest Service in Orange
County for the protection, development and improvement of forest lands in Orange County.
The Forest Service is responsible for:
• controlling forest fires in the County,
• detecting and extinguishing fires that break out
• investigating the origin of forest, woodland and field fires
• enforcing State forest fire laws
• taking preventative measures, educational and otherwise, as necessary, to
prevent forest fires
• developing and improving the forests through reforestation, promotion and
practice of Forest Management practices.
The Forest Service is supported by State funds, totaling 60 percent of their budget. For
1996-97 this amount equals$60,184. The County's share is 40 percent of the total, or
$40,122. These funds have been included in the 1996-97 budget.
Recommendation
The Manager recommends that the Board approve the annual agreement between Orange
County and the Department of Environment, Health and Natural Resource, and authorize
the Chair to sign.
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FC-42 STATE OF NORTH CAROLINA
(6-78) Department of
Natural Resources and Community Development
g 100,306.00
Total Cooperative
Appropriation
$ 60, 184.00 60 %
State
$ 40,122.00 40 %
County
AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IMPROVEMENT
OF FOREST LANDS IN ORANGE COUNTY, NORTH CAROLINA
THIS AGREEMENT, made under authority of "An act to authorize Counties to cooper-
ate with State in Forest Protection, Reforestation and promotion of Forest Man-
agement," (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 Natural Resources and Community Develop-
ment (hereinafter calla�Ath�EDepartment), party of the first part, and the Board
of Commissioners of IIVV 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 accomplish-
ing this object:
Now, THEREFORE, in consideration of the mutual convenants 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:
I. . 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 other-
wise, as shall seem necessary to prevent forest fires; for developing and improv-
ing the forests through reforestation, promotion and practice of Forest Manage-
ment practices; and for protection from insects and diseases.
2. To furnish to each Forester or Forest Ranger so employed a badge
of office, stationery and report forms, instructional posters for use in the
County, leaflets for distributing to landowners and others; to purchase necessary
equipment, communication systems, and other Forestry improvements deemed neces-
sary 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 Depart-
ment in accord with existing State salary schedules.
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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 the proper conduct of
the work within said County.
•6. To make a�ti ab a annu 11 from State, Federal, and other funds
allotted to it, the sum of){t N ea �URAM KS dollars ($60,184.00 ) as
its share of an annual budget of $100.306.00or carrying on 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.
Fourty 'Thousand one
2. To appropriate annually the sum of Hundred twenty two dollars
($40,122.0Q, 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 ERPRESLY AGREED AND UNDERSTOOD BY BOTH PARTIES;
1. That this Agreement becomes effective July 1 ,19 96
2. That the annual appropriations as set forth above may be re-
vised by mutual agreement between the Department and the Board, based on the
amount of annual appropriation desirable for the proper conduct of the Forestry
work, such revision to become effective at the beginning of a given Fiscal
Year. Any unused balance cf County funds remaining at the end of a Fiscal
Year shall revert to said County unless otherwise mutually agreed upon by both
parties.
3. That the Board reimburse the Department as provided in Part II,
Item 1, by forwarding a county voucher drawn in favor of the Department for the
amount of the County's share of expenditures as set forth in the Department's
periodic statement to the Board. That such payments be made by the Board within
thirty days following receipt of the Department's billing.
4. The 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 wank therein.
5. That the Forester or Forest Ranger periodically or at the re-
quest of the Board, shall present to the Board statements of the work being done
within the County, so that said Board may be fully informed at all times re-
garding the Forestry finances and activities within the County.
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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 County.
Date Chairman
Provisions for the payment of the monies to fall due under this Agreement
have been made by appropriation duly made or by bonds or notes duly
authorized, as required by the "County Fiscal Control Act".
Date County Finance Officer
For the North Carolina Department of Natural Resources and Community Development
Date Signature
Title