HomeMy WebLinkAboutAgenda - 06-23-2004-5rORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: .tune 23, 2004
Action Agenda
Item No. 5_ r
SUBJECT: Fiscal Year 2003-2004 Forest Service Contract
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, Budget Director 245-2151
Jacob Presley, Forest Ranger, 732-8152
TELEPHONE NUMBERS:
Hillsborough
Chapel Hill
Durham
Mebane
732-8181
968-4501
688-7331
336-227-2031
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 forest lands 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:
• 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 forestlands through reforestation, promotion and practice of
Forest Management practices, and
• protecting forestlands from insects and diseases.
On December 4, 2000, the Board of Commissioners approved a memorandum of
understanding as a proposed supplement to the annual agreement provided by the State. The
memorandum outlined procedures far County and Forest Service staff to undertake and ensure
greater cooperation and understanding between the two parties regarding relevant forestry
management and land use matters.
Over the last three years, the Forest Service experienced staff vacancies that slowed progress
on collaborative efforts with the County. During the course of this fiscal year, the Forest Service
filled the vacancies with a new County Forest Ranger, Jacob Pressley, and a new District Water
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Quality Specialist, Mark Bost. County ERCD, Planning, Tax Assessor and Budget staffs have
subsequently met with representatives from the Forest Service on several occasions to discuss
the memorandum of understanding and work towards mutual agreement of items that can be
addressed by each party, These meetings will continue and staff hopes in the near future to
bring back aframework/proposal to the BOCC which can prove workable for both the County
and the Forest Service.
FINANCIAL IMPACT: The State supports 60 percent of the total Forest Service budget of
$153,711. For fiscal year 2003-04, this amount equals $92,227. The County's share is 40
percent of the total, or $61,484, and is included in the County's 2003-04 approved budget (in
the Miscellaneous Appropriations Function).
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.
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STATE OF NORTH CAROLINA
Depaztment of
Environment & Natural Resources
$ 153 711.00
Total Cooperative Appropriation
$ 92.227.00 60%
State
$ 61.484.00 40%
County
AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IMPROVEMENT
OF FOREST LAND fN 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 l 13-59
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 Depaztment 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
Boazd), party of the second pazt, witnesseth:
That WEIEREAS 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 r:onsultation with the Board, a County
Forester or County Forest Ranger for the purposes of controlling forest foes 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 necessazy 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 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 in 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 NINETY TWO THOUSAND TWO HUNDRED TWENTY SEVEN DOLLARS
($92,227) as its share of an annual budget of $153,711 for carrying the work in said County.
Part II. THE BOARD AGREES:
L. To pay to the Depaztment 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 Depaztment
2. To appropriate annually the sum of SIXTY ONE THOUSAND FOUR
HUNDRED EIGHTY FOUR DOLLARS ($61,484) 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, 2003.
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 Yeaz shall revert to said County unless otherwise mutually agreed upon by both pazties.
3. That the Boazd reimburse the Department as provided in Pazt II, Item I, by
forwarding a county voucher drawn in favor of the Depaztment for the amount of the County's
shaze of expenditures as set forth in the Depaztment's periodic statement to the Board, That such
payments be made by the Board within thirty days following receipt of the Department's billing,
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4,. That title to all improvements and equipment purchased andlor 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 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 required by the "County Fiscal
Control Act."
Date
County Finance Officer
For the North Carolina Department of Envuontnent & Natural Resources
Date
Signature
Director Division of Forest Resources Tide