HomeMy WebLinkAboutAgenda - 09-29-1999 - 8nORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 21,1999
Action Agenda
Item No. g- h
SUBJECT: Forest Service Contract
DEPARTMENT: Budget Office PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Agreement for the Protection Development Rod Visser, ext 2300
and Improvement of Forest Lands in
Orange County.
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE:
To approve the annual agreement between Orange County and the North Carolina Department
of Natural Resources and Community Development (DNRCD) to support the NC Forest Service
in Orange County.
BACKGROUND:
This agreement, received from the Orange County Division of the Forest Service in September,
provides for the continued maintenance by the DNRCD (through the NC Forest Service) of the
protection, development and improvement of forestlands in Orange County.
Responsibilities of the Forest Service include:
controlling forest fires in the County,
detecting and extinguishing forest fires,
investigating origins of forest, woodland and field fires,
enforcing State forest fires laws,
taking preventative measures, educational and otherwise, as necessary, to prevent forest
fires,
developing and improving the forests through reforestation, promotion and practice of Forest
Management practices.
FINANCIAL IMPACT:
The total fiscal year 1999-00 budget for Orange County's division of Forest Service is $127,031.
The State supports 60 percent of the total or $76,219. The County's share, 40 percent of the
total, is $50,812. This is a decrease of $6,096 from the prior fiscal year's appropriation of
$56,908. Funds for fiscal year 1999-00 are included in the approved Miscellaneous function of
the County's General Fund budget.
RECOMMENDATION(S):
The Manager recommends that the Board approve the annual agreement between Orange
County and the Department of Natural Resources and Community Development, and authorize
the Chair to sign.
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STATE OF NORTH CAROLINA
Department of
Environment, & Natural Resources
$ 127.0310.00
Total Cooperative Appropriation
$ 76,219.00 60%
State
$ 50,812.00 40%
County
AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND M'ROVEMENT
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 Cazolina Department of Environment
& Natural Resources (hereinafter Called the Department), party of the first part, and the Boazd
of Commissioners of ORANGE COUNTY in the State of North Carolina (hereinafter called the
Boazd), party of the second part, witnesseth:
That WFIEREAS 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 TI-~REFORE, in considerat;on 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 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.
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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 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 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 Boazd 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 Seventy-siz thousand two hundred nineteen dollars ($76,219.00), as its share of an
annual budget of $127,031.00 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 thousand eight hundred twelve
dollars ($50,812.00) 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 AGREID AND UNDERSTOOD BY BOTH PARTIES:
Thai this Agreement becomes effective July 1,1999
2. That the annual appropriations as set forth above may be revised by mutual
agreement between the Department and the Boazd, 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 Part 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 Department's billing.
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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
Beard may be fully informed at the times regarding the Forestry finances and activities within
the County.
1N 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
DIItECTOR
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_ RETURN THIS COPY TO THE CLERK'S OFFICE
FOR THE PERMANENT AGENDA FILE
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$ 76.219.00 60%
State
$ 50,812.00 40%
County
AGREEMENT FOR TI-~ 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.
STATE OF NORTH CAROLINA
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-- ~- Department of
9-a/-g9
~~
Environment, & Natural Resources ~~/
Total Cooperative Appropriation
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 O? 9~ ~~C.~-~-e, ~/lii 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."
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Date ~~ `6E ~`~ County Finance Officer
For the North Carolina Department of En 'rode Na al Reso rc s
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Date ~" C ~Zt ~ ignature