HomeMy WebLinkAboutAgenda - 12-14-2004-5lORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 14, 2004
Action Agenda
Item No. ~_
SUBJECT: Forest Service Contract for Fiscal Year 2004-05
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, ext 2151
John Howard. District Forester, 732-8105
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 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:
• 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.
During the course of fiscal year 2003-04, the Forest Service filled key staff vacancies including
a new District Forest Ranger, Jacob Pressley, and a new District Water Quality Specialist, Mark
Bost. County ERCD, Planning, Tax Assessor and Budget staffs have met with representatives
from the Forest Service on several occasions to discuss a memorandum of understanding
drafted in 2000 as a proposed supplement to the annual agreement provided by the State. The
memorandum outlined procedures for 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, Commissioners Jacobs and Halkiotis joined with staff in
meeting with Forest Service representatives on November 30, 2004 to further discuss and
review opportunities for cooperation and collaboration. These meetings will continue and staff
hopes in the near future to bring back aframework/proposal to the BOCC, which can prove
workable for bath the County and the Forest Service.
FINANCIAL IMPACT: The State supports 60 percent of the total Forest Service budget of
$135,535, a decrease of $18,178 from the 2003-04 contract total. The decrease relates directly
to the retirement of long-term Forest Service employees and hiring of new employees with lower
salaries. Far fiscal year 2004-05, the State's share equals $81,321. The County's share is 40
percent of the total, or $54,214 and is included in the County's 2004-05 BOCC approved
budget.
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.
3
STATE OF NORTH CAROLINA
Depaztment of
Environment & Natural Resources
$ 135 53S
Total Cooperative Appropriation
$ 81,321 60%
State
$ 54,214 40%
County
AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IMPROVEMENT
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 ofNorth Carolina - 1943), and also under authority of another Section of
the General Statutes, namely Section 113-54, by the North Cazolina 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 Cazolina (hereinafter called the
Board), party of the second part, witnesseth:
That W1-IEREAS the said Boazd, 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
pazties 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 L THE DEPARTMENT AGREES:
1, To select, employ and appoint, after consultation with the Soazd, 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.
N
Z, 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
]andowners and others; to purchase necessary equipment, communication systems, and other
Forestry improvements deemed necessazy insofaz 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 Depaztment in accord with existing State salary
schedules.
4. To duect supervise, instruct, and inspect, through its agents, the work and conduct
of the Forester or Forest Ranger, to discipline and, when necessazy, dischazge such Forester or
Forest Ranger.
S. 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 Cormty and those paid
by the Depaztment 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 EIGHTY ONE THOUSAND THREE Hi7NDRED AND TWENTY ONE
DOLLARS ($81,321) as its share of an annual budget of $135,535 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 FIFTY FOUR THOUSAND TWO
III7NDRED AND FOURTEEN DOLLARS ($54,214) 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, 2004.
2, That the annual appropriations as set forth above may be revised by mutual
agreement between the Depaztment 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 Boazd reimburse the Department as provided in Pazt II, Item 1, by
forwazding 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 Depaztment's billing.
4. That title to all improvements and equipment purchased and/or constructed in
connection with this agreement will rest with the Depaztment; such materials or their equivalent
will remain in the County as long as this agreement is in effect, or as ]ong 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 Boazd statements of the work being done within the County, so that said
Boazd may be fully informed at the times regazding 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 AgreemenC 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 & Natural Resources
Date
Signature
Duector. Division of Forest Resources Title