Loading...
HomeMy WebLinkAboutAgenda - 08-22-2006-5lORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 22, 2006 Action Ager~ Item No. SUBJECT: Forest Service Contract for Fiscal Year 2006-07 DEPARTMENT: Budget PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Agreement for Protection, Development and Improvement of Forest Land in Orange County INFORMATION CONTACT: Donna Dean Coffey, Budget Director 245-2151 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 1 13-54 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. Local Forest Service staff have been particularly responsive in assisting volunteer fire departments and Emergency Management in dealing with brush fires, especially earlier this season when drought conditions were particularly pronounced. FINANCIAL IMPACT: The State supports 60 percent of the total Forest Service budget of $146,063, an increase of $10,528 from the 2005-06 contract total. For fiscal year 2006-07, the State's share equals $87,638 (an increase of $6,968) while the County's 40 percent share totals $58,425 (an increase of $4,645). The County's match is included in the County's 2006-07 BOCC approved budget.. RECQMMENDATIQN(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,. 3 STATE OF NORTH CAROLINA Department of Environment & Natural Resources $ 146.063 Total Cooperative Appropriation $ 87,638 60% State $ 58,425 40% County AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IMPROVEMENT OF FOREST LAND IIV ORANGJ; 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 11.3-59 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 Depaztment), party of the first part, and the Board of Cormnissioners of OT2A.NG1; 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 ORANG); 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 fiords will permit, as follows: Pazt I. THE DEPARTMENT AGREES: 1. To select, employ and appoint, after consultation with the Board, a Cormty Forester or County Forest Ranger for the purposes of controlling forest fires in said County; for detecting acrd 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 Tres; for developing and improving the forests tlu'ough reforestation promotion and practice of Forest Management practices; and for protection from insects and diseases. `~- 2 To famish 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, conununication systems, and other Forestry improvements deemed necessary insofar as lire joint funds will permit 3. To pay the Forester or Forest Ranger for all official services rendered, at a fair rate ofpay. Rates of pay are to be established by the Department in accord with existing State salary schedules 4. To direct supervise, instruct, and inspect, tluough 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 sure of EIGHTY SEVEN THOUSAND SIX HUNDRED AND THIRTY EIGHT DOLLARS ($87,638) as its share of an amoral budget of $146,063 for cazrying the work in said County. Pazt 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 FIFTY EIGI3T THOUSAND FOUR HUNDRED AND TWENTY FIVE DOLLARS 058,415) 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, Z00G. 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 amoral 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 Caunty funds remaining at the end of a Fiscat Year shall revert to said County unless otherwise mutually agreed upon by both parties. S 3. That the Board reimbwse the Deparhnent 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 shaze 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 Deparhnent; 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 ]rerein below specified. For the Board of County Commissioners of ORANG); COUNTY. 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 Norlh Carolina Department of Environment & Natural Resources Date Signahtre Director Division of Forest Resources Title