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HomeMy WebLinkAboutAgenda - 09-19-2000-8eORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 19, 2000 Action Agenda Item No. $ SUBJECT: Forest Service Contract for Fiscal Year 2000 -01 DEPARTMENT: Budget /Planning PUBLIC HEARING: (Y /N) No ATTACHMENT(S): INFORMATION CONTACT: Agreement for Protection, Development Donna Dean, Budget Director 245 -2151 and Improvement of Forest Land in Craig Benedict, Planning Director, 245 - Orange County 2592 Staff Memorandum of Understanding Brad Bowling, Forest Ranger, 732 -8152 Forest Service Activity Report TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 9684501 Durham 688 -7331 Mebane 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. Staff from the County and the Forest Service met recently to discuss areas of collaboration and cooperation that can help both parties advance their mutual interests in protecting and preserving forestland and the environment, consistent with applicable State and County laws and regulations. Toward this end, a memorandum of understanding to supplement the annual agreement has been prepared to lay out procedures for County and Forest Service staff to ensure greater cooperation and understanding about relevant forestry management and land use matters. For informational purposes, Forest Service staff have prepared the attached activity report of their annual accomplishments. 2 FINANCIAL IMPACT: The State supports 60% of the total Forest Service budget of $141,613. For fiscal year 2000 -01 this amount equals $84,968. The County's share is 40 percent of the total, or $56,645 and is included in the County's 2000 -01 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. za STATE OF NORTH CAROLINA Department of Environment, & Natural Resources $ 141 613.00 Total Cooperative Appropriation $ 84 968.00 60% State $ 56 645.00 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 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 1. 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. 3 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 conduce 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 Eighty -four thousand nine hundred sixty -eight dollars ($54,968.00), as its share of an annual budget of $141,613.00 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 -sire thousand six hundred forty -five dollars ($56,645.00) 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, 2000 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 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 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 Environment & Natural Resources Date Signature DIRECTOR 5 ORANGE COUNTY NORTH CAROLINA September 2000 STAFF MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding reflects the recognition by staffs of Orange County and the North Carolina Forest Service of the benefits of working together to ensure greater cooperation and understanding of mutual interests in the natural resources of Orange County. Section 1. Current Cooperation 1. Normal Logging Operation Information The Forest Service will notify Orange County Planning and Inspections of logging operations within the Forest Service authority (North Carolina laww does not require individuals to notify the Forest Service of logging operations on private property): Form 4808 is currently completed by the Forest Ranger for each known operation: • location (identified by latitude /longitude coordinates) + landowner property map and acreage + logger . a streams identified on Soil Survey maps and USGS quads (both blue line and intermittent streams) + river basins • type of activity + clearcut • selective + inspection results + reforestation plans 2. Authority Determination Formal written notice (form to be provided by Orange County Planning and Inspections) of each known logging operation shall accompany Form 4808 shall include: a. statement that the site is under the Forest Service authority, b. is in compliance with Forest Management practices, and. c. has/has not filed a forestiry plan. 6 3. Out of Compliance Logging Operations The Forest Service and Orange County Planning and Inspections will follow the following process for County Jurisdiction over logging operations on private property: a. The Forest Service will work with landowners and loggers on logging . operations that are not for future development and are out of compliance with current approved Forest Management practices. b. Logging operations that are for future development will be referred directly to Orange County Planning and Inspections to be brought into compliance with development codes. In these cases, there will be formal written notice (form to be provided by Orange County Planning and Inspections) that site has been released from the Forest Service authority and turned over to County jurisdiction. c. Notification of appropriate North Carolina Department of Environment and Natural Resources divisions in cases that are release to Orange County shall be conducted by the Forest Service. In all cases where a Forest Management Plan is on file with the Forest Service, copies and reviews of these plans shall be available to Orange County staff upon request. Section 2. Future Considerations 1. The Orange County Planning and Inspections staff shall conduct periodic meetings between Forestry and Orange County staff (Planning and Inspections, Environment Resource Conservation Department, Tax Office) to discuss impacts of various state, federal and local regulations as they become effective. 2. The Forest Service and Orange County staff shall relate all Best Management Practices and other pertinent rules to applicant/logger /owner. Special attention shall be brought to: • National Pollutant Discharge Elimination Systems Phase II, • Neuse River rules (as they apply to forestry and as they apply to development, or a change of use for logged property within 5 years) • Soil Erosion and Sedimentation Control Ordinance. 3. Open burning permits that may be administered by Orange County: • address Code Orange, Red and Purple Air Quality Days, • address open burning that is conducted for development purposes, and • address the Forest Service Smoke Management Guidelines. 4. Any future Orange County Open Burning Ordinance may address the differences between open burning for development by licensed contractor, and homeowner /private property owner yard burning. 5. Any future Orange County Notification of Logging Operations regulations may place notification requirements under county jurisdiction for logging operations. 7 Section 3. Future Cooperation 1. Cost Share options for logging operations on private property may include: replanting assistance under state and county programs, and compensation for request for logging to leave 100' from future r/w line for possible future development. 2. A Forestry Symposium (CFE) is currently being planned for Fall 2000 and shall be coordinated between the Orange County Environment. and Resource Conservation Department and the Forest Service. M As per Division policy we are required to submit a summary of accomplishments annually to the County Commissioners for their review. Listed in this memorandum are these accomplishments. Overview The NC Forest Service is a state agency that operates in the department of Environment, and Natural Resources. Each county organization is funded with both state and county funds 60% and 40% respectively The County Ranger is responsible for all of the Forest Service activities in his or her assigned county: Each year with input from the District Forester a county plan, along with specific tasks and goals is assigned. Beside the County Ranger there is an Assistant County Ranger, a forest fire fighting equipment operator, and a service Forester that works in the county. Fire control 51– Reported wildfires that control action was taken. only 48.7 acres burned 94— Structures threatened or saved with an estimated value of 7.9 million Only 2 structures damaged or lost with for a total of $18,050. 24--- Warning tickets 30-- That a responsible party was determined 1 --- warrant and subsequent court case 1151 Burning permits issued 1-30 acre hazard reduction burn. Investigations of illegal burning . Two week tour in Florida on fire control with Southeast Compact 21 -fire prevention programs In our public Schools . Forest management 50•-- management plans 1725 acres 23---- referrals to private Foresters 846 acres forest establishment 65- -acres mechanical site prep for tree planting 147 —acres of burning for site preparation for tree planting. 28 -- acres chemical and bum for site preparation 20 acre natural regeneration of a desired species 33—tracts quality control for tree planting, and herbicide application for a total of 854 acres 32— tracts acreage determination for tree planting, chemical application, fire lines, 826 110 -- requests for urban advice (yard trees) 30 —water Quality inspections on logging jobs, and reforestation jobs. 1037 acres. 1-violation 126 acres. 3---- referrals to Division of Water Quality or land resources 9 Information and Education 21--- environmental school programs 2—all day programs -Earth walk and environmental days 6- =- newspaper articles -Fire Control and Forest Management. 2-TV interviews 6--Civic programs - Scouts I--Parade (Christmas) fire plow, Smokey, and a pick -up Training We hold valid herbicide applicators licenses to be able to recommend the best products and applications of industrial herbicides. Region 2 fire school Strategy and tactics Taught Incident Command System Urban forestry 1 week $41,842.00 Government cost shares assistance to Orange county landowners. Miscellaneous Hurricane Floyd 2 Emerengecy Managements meetings Responded to Rocky Mount and Enfield for flood detail Snow Storm 2000 5 days in Orange County with 3 bulldozers to pull tractor trailer trucks that were stuck on the interstate highways Both I40 and I -85 and plow snow on city streets of Hillsborough and Chapel Hill. Plowed snow on Eno Mountain to clear the road to the communications tower. Plowed snow on steep streets in apartment complexes in Caraboro so Emergency vehicles could get in there. Sever thunderstorm in May 4 trucks with chain saw crews Florida fires in June 2 weeks in Waldo,Alochua counties Equipment maintenance and repair (we install our own radios and slip -on units.