HomeMy WebLinkAboutAgenda - 09-19-2007-4gORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date:. September 19, 2007
Action Agenda',
Item No. __ `~_
SUBJECT: Forest Service Contract for Fiscal Year 2007-08
DEPARTMENT: Budget PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Agreement for Protection, Development
and Improvement of Forest Land in
Orange County
INFORMATION CONTACT:
Mike Tapp, Fire Marshal, 968-2050
PURPOSE: To approve the annual agreement between Orange County and the North Carolina
Department of Environment and Natural Resources (DENR) for protection, development,
reforestation, management and improvement of forestlands located in the County.
BACKGROUND: This agreement; made under authority of Sections 113-54 and 113-59 of the
North Carolina General Statutes, provides for continuation of active protection of Orange County
forestlands by the NC Forest Service.
Responsibilities of the Forest Service and County Forest Ranger include:
® Developing and improving forestlands through reforestation, promotion and practice of
Forest Management practices,
• Protecting water quality,
• Protecting forestlands from insects and diseases,
• 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,
• Mutual aid in times of emergency, and
• Taking preventative measures, educational and otherwise, as necessary, to prevent
forest fires.
The Forest Service in Orange County, staffed by District Forester John Howard and County
Forest Ranger Jacob Pressley, has been very cooperative in working towards mutual
agreement on other items that each party can address. As a result, all parties gained a better
understanding of responsibilities and limitations of each agency/entity.
FINANCIAL- IMPACT: The State supports 60 percent of the total Forest Service budget of
$157,373, an increase. of $11,310 from the 2006-07 contract total. For fiscal year 2007-08, the
State's share equals $94,424 (an increase of $6,786) while the County's 40 percent share totals
$62,949 (an increase of $4,524). The County's match is included in the County's 2007-08
BOCC approved budget..
2
RECOMMENDATION(S): The Manager recommends that the Board approve the annual
agreement between Orange County and the North Carolina Department of Environment and
Natural Resources, subject to final review by staff and the County Attorney, and authorize the
Chair to sign the agreement.
......... .
North Carolina ~ • ' ' ~
t Department of Environment and ' North Carolina
Natural Resources ~ F' ORES'T Division of Forest Resources
SERVICE
Michael F. Easley, Governor ~ ~ Wib L. Owen, Director
William G. Ross Jr., Secretary j~
3314 NC 86 South
Hillsborough, NC 27278
Telephone: (919) 732-8105
August 17, 2007
D-11 FA
Coop Unit
Budget-Orange County
Donna Dean
County Finance Officer
Hillsborough, NC
Dear Ms. Dean:
Attached are three (3) copies of Orange County's agreement with the Department of
Environmental and Natural Resources for the fiscal year beginning July 1, 2007. Please
have the Chairman of the Board of County Commissioners and the County Finance
Officer sign all three (3) copies of the attached agreements and return all three (3)
signed copies to the North Carolina Forest Service at the above address. This year's
budget is $157,373; with the State paying $94,424 and the County share being $62,949.
If there are any questions concerning this request, please feel free to contact County
Ranger Jacob Pressley or myself.
Sincerely,
Jo n P. Howard
District Forester
JPH:Ict
cc: Jacob T. Pressley, Orange County Ranger
110 Boone Square, Suite 12
Hillsborough, NC 27278
Phone: (919) 732-8152
1616 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: 919 _ 733-2162 \ FAX: 919 - 715-4350 \ Internet: www.dfrstate.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST
CONSUMER PAPER
Department of
Environment & Natural Resources
$ 157 373
Total Cooperative Appropriation
$ 94,424 60%
State
$ 62,949 40%
County
AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND M'ROVEMENT
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.
0
2. To fiunish 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 iii 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 IY.IlY:ETY FOUR THOUSAND FOUR HUNDRED AND TWENTY FOUR
DOLLARS ($94,424) as its share of an annual budget of $157,373 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 TWO THOUSAND NINE
HUNDRED AND FORTY NIlVE DOLLARS ($62,949) 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, 2007.
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 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. 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 Lang 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 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 xequired 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