HomeMy WebLinkAboutAgenda - 11-21-2000-8ii
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 21, 2000
Action Agenda.
Item No. _ S- ~
SUBJECT: Soil and Water Operational_Agreement
DEPARTMENT; Soil & Water PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Proposed Agreement
INFORMATION CONTACT:
Brent Bogue, District Conservationist,
ext 2751
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider approving an operational agreement outlining the respective
responsibilities of the County, the Orange Soil and Water Conservation District, the United
States Department of Agriculture (USDA), and the North Carolina Department of Environment
and Natural Resources (DENR) regarding soil and water conservation services.
BACKGROUND: For some years, Orange County, USDA, and DENR have maintained a
memorandum of understanding that only outlined certain aspects of cooperation between the
Conservation Partnership (e.g. personnel, office space, supplies). The new Operational
Agreement is designed to strengthen the relationship between all partners by not only
addressing national and state priorities, but also projects of local importance. This agreement
is designed to be a work in progress and may be revised to include relationship with not only the
traditional partners, but also other local entities such as The Eno River Association and Orange
County's Environment and Resource Conservation Department (ERCD). The Operational
Agreement is meant to be wide-ranging to facilitate cooperation at all levels to promote natural
resource conservation. The agreement will be reviewed annually so that any new priorities
may be addressed by all partners.
FINANCIAL IMPACT: The responsibilities assigned to the respective parties in the
agreement have generally been ongoing for many years. Adequate funds for personnel and
operating expenses have already been appropriated in the department's FY2000-01 operating
budget. The BOCC may recall that there was same discussion during preparation of the FY
2000-01 budget that the State was planning to reduce its historical share of the funding of two
Soil Conservationist positions and that the County's share of funding might have to increase.
That reduction of State funds for FY 2000-01 did not occur.
RECOMMENDATION(S): The Manager recommends that the Board approve the agreement
and authorize the Chair to sign it, subject to final review by staff and the County Attorney.
OPERATIONAL AGREEMENT
Between the
UNITED STATES DEPARTMENT OF AGRICULTURE
NATURAL RESOURCES CONSERVATION SERVICE
and
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVXSION OF SOIL AND WATER CONSERVATION
and
THE ORANGE SOIL AND WATER CONSERVATION DISTRICT
and
ORANGE COUNTY, NORTH CAROLINA
For their Cooperation in the
Conservation of Natural Resources
BACKGROUND STATEMENT AND PURPOSE
THIS AGREEMENT is between the Natural Resources Conservation Service (MRCS), an agency of the United States
Department of Agriculture (USDA), the DENR-Division of Soil and Water Conservation (DSWC) an agency of the State of
North Carolina, the Orange Soil and Water Conservation District, and Orange County collectively referred to as t11e parties, to
clearly define the roles and responsibilities of the parties.
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.
AUTHORITTES, 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 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 Statute § 153A-11 and § 160A-461 - § 160A-
464.
ROLES AND RESPONSIBILITIES:
CONSERVATTON 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 fuiancial and human resources to cooperatively implement a
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unified natural resources conservation program in areas of mutual concern. The_implementation of all programs will be done in
accordance with program policy and procedure developed for that specific program.
Inventories and Data' Sharine: The parties agree to identify, define, and coordinate the collection and use of natural resource
and other data needed to support the delivery of program benefits. The parties will cooperate in maintaining data to assure that
it supports the mutual needs of the parties for resource planning and evaluation. The parties further agree that gathered data
will be mutually shared and used in support of conservation program implementation. The parties will coordinate with public
and private resource groups, other resource agencies, and interested parties to share information and resources as needed to
facilitate implementation of the conservation program.
Settin Pro am Priorities: The parties agree to implement the conservation program based on mutually developed priorities
while recognizing individual responsibilities for federal, state, or local mandates. The parties further agree to annually re-
evaluate established priorities and adjust as warranted. SWCD supervisors have responsibility to organize local work groups to
assess resource conditions and establish local priorities.
Programs to be Implemented: The parties agree to use federal, state, and local programs in a complimentary fashion to address
local priorities and concerns. Attachment A includes a list of programs that will be utilized to address priorities and concerns.
Marketini: The parties agree to conduct a common effort to inform the public of program opportunities and benefits.
TECHNICAL STANDARDS AND JOS APPROVAL AUTHORITY
The parties agree to utilize the NRCS Field Office Technical Guide or Soil and Water Conservation Comrnission 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.
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.
PERSONNEL AND FISCAL MANAGEMENT
The parties recognize that natural resources conservation programs are delivered through an intergovernmental system, in
which federal, state, and local governments work together.
The parties will work together to provide staffing and fiscal resources commensurate with workload, priorities, allocated
funding, and expertise necessary to deliver a balanced and diversified conservation program. Staff"mg will be a mix of
employees provided by federal, state, county, and district resources. There are certain authorities delegated to specific staff as
follows:
De artment Head
The parties jointly agree that the District Conservationist will serve as the department head.. The Department Head will
represent the Soil and Water employees and the District at meetings, conferences, and appropriate functions.
Personnel Mana ea ment
The management of personnel will be as follows:
a) Hiring and dismissal of employees is the responsibility of their respective parties.
b) The management of NRCS personnel is the responsibility of NRCS.
c) The management of Soil and Water employees is the responsibility of the district board of supervisors and/or county
manager. In the interest of facilitating these responsibilities the Department Head is delegated the authority for:
1) Daily supervision and guidance
2) Leave (absence from duty) coordination and approval
3) Delivery of employee training and development
4) Certification of Time and Attendance reports
d) The Department Head will make recommenda#ons to the district board of supervisors regarding the following in
accordance with county government policy:
1) Recruitment and hiring of Soil and Water employees
2) Employee performance evaluation, including awards, disciplinary actions and separation
3) Leave coordination and approval exceeding 7 days/hours (any amount up to 7days ,can be approved by the
Department Head).
4) Determination and approval of training requiring expenditure of district funds
5) For counties with technicians cost shared through the state's Agriculture Cost Share Program, responsibility
for documenting 2080 hours for each funded position spent per year on non-point source pollution control
issues by office staff.
In the event that a Soil and Water employee feels aggrieved, theix xecouxse is to the Orange County Grievance Procedure with
Step 1 as the District Conservationist, Step 2 as the District Board and Step 3 as the County Manager. County government
personnel policy will be followed. The parties agree to work cooperatively to resolve employee grievances.
Hiring, supervision, development, evaluation and dismissal of employees will be done in accordance with applicable law and
specific governmental or agency policy.
Fiscal Management
The parties will work together to maximize available resources and actively seek funding to accomplish natural resource
priorities and programs.
Each party is responsible for its own fiscal resources to include equipment, supplies, and accounts.
The Soil and Water Staff will work cooperatively with Federal, State, and County departments to assist the Soil and Watex
Conservation District with the following:
1) Development of operating budgets
2) .Tracking of expenditures for maintaining funding accountability
3) Making recommendations regarding expenditure of funds and purchases
RECORDS, FACILTTIES, 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 share these resources through
the use of formal and infoxmal agreements as follows:
Office Space -Orange County Government
Vehicles -Natural Resources Conservation Service
Equipment -Orange County Government, Orange Soil and Water Conservation District, and NRCS as applicable
The parties will agree on the maintenance, update, and disposition of relevant records. Access to recoxds will be governed by
the Federal Freedom of Information Act (FOIA) and/or the North Caxolina Public Records Law.
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 financial ar technical assistance.
ACCOUNTABILITY
The parties agree to cooperatively develop and utilize FOGS, and PRMS resource program databases to measure effectiveness
in program delivery and customer satisfaction. The District will provide a copy of its Annual Report and Plan of Operations to
the other signatories of this agreement by July 31st of each year. The District will also provide a copy of their Long-Range
Plan which, at no time, will be in excess of five years old.
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. The parties
agree that contracts, memorandums of understanding, and/or additional agreements maybe entered into, as needed, to facilitate
the implementation of natural resources conservation programs within the conservation districts.
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.
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 district board. 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 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 financial assistance from the Department
of Agriculture or any agency thereof.
RE VIE W/MODIFICATION/TERMINATION
This agreement will be reviewed at least annually. The agreement can be mod~ed 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:
State Conservationist
Date:
Orange SOIL AND WATER CONSERVATION
DISTRICT
By:
Chairperson
DEHNR-DIVISION OF SOIL AND WATER
CONSERVATION
By:
Director
Date:
Orange COUNTY
By:
Title:
Date: Date:
Attachment A
The following is a list of programs which will be utilized to address local priorities and concerns. The
parties agree to utilize these programs in a complimentary manner, thus maximizing the delivery o~
conservation benefits to customers and clients.
Conservation Technical Assistance
NC A ricultural Cost Share Pro ram
Environmental Qualit Yncentives Pro am
Wildlife .Habitat .Incentives .Pro gram
Conservation. Reserve Pro am.
Conservation Reserve Enhancement Pro am
.Forestry Tncenti.ves 'Pro am
Wetland Reserve Program
Farmland Preservation Pro am
:Em.er pency Watershed .Program
Enter enc Conservation Program.
Resot~rcc Conservation and Devcloprnent
State and Federal. Gra~a.ts as a li.cable