HomeMy WebLinkAboutAgenda - 08-23-1994 - VIII-A 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No vm-A4
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 23, 1994
SUBJECT:
Forest Service Contract
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DEPARTMENT: Budget PUBLIC HEARING YES NO x
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ATTACHMENT(S) : INFORMATION CONTACT
Agreement for the Protection, Budget Office, Ext. 2151
Development and Improvement of TELEPHONE NUMBER
Forest Lands in Orange County Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
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PURPOSE:
To consider the annual agreement between Orange County and the North
Carolina Department of Environment, Health and Natural Resources for
the provision of support to 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 Board of Commissioners has appropriated $37, 248 in fiscal year
1994-95 to match the State appropriation of $55, 872 for the provision
of this service in Orange County. This is a 40/60 match.
RECOMMENDATION(S) :
The Manager recommends that the Board of Commissioners approve the
annual agreement between Orange County and the Department of
Environment, Health and Natural Resources and authorize the Chair to
sign.
FC-42 STATE OF NORTH CAROLINA 2 ,
(2-90) Department of
Environment, Health, and Natural Resources
J
$93, 120. 00
Total Cooperative
Appropriation
$55 , 872.00 60 —%
State
$37 , 248 .00 40 %
County
AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IMPROVEMENT
OF FOREST LANDS IN ORANGE COUNTY, NORTH CAROLINA
THIS AGREEMENT, made under the authority of "An act to authorize Counties to
cooperate with State in Forest Protection, Reforestation and prcmotion 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,
Health, and 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 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:
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 preventive measures,
educational and otherwise, as shall seem necessary to prevent forest fires;
for developing and improving the forests through reforestation, promotion and
practice of Forest Management practices; and for protection from insects and
diseases.
2. To furnish to each Forester or Forest Ranger so employed a badge of
office, stationery and report forms, instructional posters for use in the
County, leaflets for distributing to landowners and others; to purchase
necessary equipment, communication systems, and other Forestry improvements
deemed necessary insofar as the joint funds Nill 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 accordance 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 availabT4 angu`11 fr ate, Federal, and other funds
allotted to it, the sum of � _ dollars ($ 55 . 872 .00
)
as its share of an annual bu get of g3.r1 2A nn for carrying on the work
in said County_
Part II. THE BOARD AGREES:
1. To pay 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.
1hirty seven 2. To appropriate annually the sum of �dollars
($ 37,248.00 ), 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 1994
2. That the annual appropriations as set forth above may be revised by
mutual agreement between the Department and the Board, based on the amount of
annual appropriation desirable for the proper conduct of the Forestry work,
such revision to become effective at the beginning of a given Fiscal Year.
Any unused balance of County funds remaining at the end of a Fiscal Year shall
revert to said County unless otherwise mutually agreed upon by both parties.
3. That the Board reimburse the Department as provided in Part II,
Item 1, by forwarding a county voucher draMtf 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 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 may be fully informed at all times regarding
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.
I,
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 Environment, Health, and Natural
Resources
Date
Signature
DIRECTOR, DIVISION 0 ORFST RFI;Oljg 'F(; Title