2007-157
s:\our documents\ordinances\07\urban forestry grant ordinance.doc
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ORDINANCE NO.,N07-1jr7
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE AGREEMENTS ASSOCIATED WITH THE "URBAN FORESTRY PARTNERSHIP
PROGRAM" GRANT REQUEST; COMMITTING SHARED COSTS OF THE PROJECT AS
DESCRIBED IN THE GRANT APPLICATION FROM PREVIOUSLY BUDGETED FUNDS,
NOT TO EXCEED $15,000.00; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the 101st Congress of the United States, in developing the Forestry Title of the
1990 Farm Bill, found that the health of forests in urban areas and communities is on the decline;
these forests, trees, and open spaces improve the quality of life for residents, enhance economic
value of property and are more effective than rural trees at reducing the buildup of carbon dioxide
due to the added energy savings for urban residents; and
WHEREAS, Congress defined the purpose of this program to include improving the
understanding of the benefits of preserving existing tree cover; encourage property owners to
maintain trees and expand forest cover; provide educational and technical assistance to local
organizations in maintaining and expanding forest cover; provide competitive matching grants to
local units of government and other approved organizations for urban forestry products; implement
a tree planting program; promote the establishment of demonstration projects to illustrate the
benefits of forest cover; and enhance technical skills of individuals involved in establishing or
maintaining the urban forest; and
WHEREAS, the City of Denton is eligible to participate in this program and has
successfully submitted a grant application in the amount of $15,000.00. NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City of Denton hereby authorizes the City Manager, or his designee, to
execute all agreements associated with the "Urban Forest Partnership Program" Grant with the
Texas Forest Service.
SECTION 2. The City of Denton commits to providing its share of the project costs
through previously budgeted matching funds as described in the grant application, which is attached
hereto and incorporated herein by reference, not to exceed $15,000.00.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the L~iday of 2007.
4?J?v "6~
C
RRY MCNEILL, MAYOR
' ATTEST:
JENNIFER WALTERS, CITY SECRETARY
/I A
BY: j9-h L)'
APPR VED AS LEGAL FORM:
EDWIN M. SNYDER,-CIT-)LATTORNEY
' Page 2 of 2
COPY
TEXAS
FOREST SERVICE
The Texas A&M University System
Urban Forestry Partnership Grant Program
2005 Grant Application Form
Project Title: City of Denton Urban Forester Consultant O is x se
my .
Organization: City of Denton Planning and Development Department h o ti"
Mailing Address: 221 North Elm Si rew e
City: Denton State: TX ZIP: 76201
Contact Person/Title: Nona Elaine Muncie Landscape Administrator
Daytime Telephone: 940-349-8233 E-mail Address: nona.muncie@cityofdenton.com
Is your organization tax exempt? Yes [Z] No ❑ Federal Employer ID Number: 75-6000514
A narrative of no more than three (3) typed pages must accompany each grant application form. The first part
of this narrative should be in the form of a one-paragraph Executive Summary that briefly describes the project.
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The second part of the narrative should briefly discuss the four "core elements" of urban forestry in your
community: Does the community have a forester or arborist? Is there a tree ordinance in place? Does it affect
the trees on public or private property? Is there an inventory and plan for the care of public trees? Is there a
tree board or local advocacy organization? Next, explain how the project proposed addresses one or more of
the elements above and fits within the mission and goals of your organization: What is your mission? What is
the role of the organization in promoting urban forestry in the community? What will the long-term benefits
to your organization and the community be?
The third part of the narrative should address the following areas:
1. Project Description: describe all activities planned, who will manage the project, and the end result or
product. Name the project partners and what they will do. Describe how volunteers will be involved.
2. Timeline: describe the timetable for project completion. A task/timeline chart may be included to
summarize the activities
3. Budget Explanation: state how grant funds will be spent, along with any local cash contributions.
Provide sources and values for each in-kind contribution listed.
4. Project Publicity: explain how the project will be publicized in the community, or how the end product
will be distributed.
(I) (2) (3)
Expense Category Grant Funds Local Cash Local In-Kind
Personnel:
Office Expenses:
Travel:
Supplies and Materials:
Equipment:
Professional Services:
Contractual: 15,000.00 15,000.00
Other (
*Column Totals: $15,000.00 $15,000.00 $0.00
*(a)=Grant Request, and Local Match Total (d)=;(b)+(c) *Local Match Total: $15,000.00
t I
I hereby certify that I have met with the applicant to review this proposal and the program
requirements, and have recommended any changes that would help the project achieve the goals of
the Urban Forestry Partnership Grant Program.
Signature of TFS Forester Date
t
As a duly authorized representative of the organization making this application, I hereby certify that
all the information provided herein is true and represents the desires of this organization. I further
certify that I understand the purpose and rules of the program, as set out in the Application Guide.
Brian Lockley, Interim Planning Director
Name and Title of Authorized Representative
tt 6
Sigma of Authoriz epresentative Datt/
Part II: EXECUTIVE SUMMARY
The City of Denton Planning and Development Services Department is requesting
assistance from the Texas Forest Service in offsetting the initial costs of hiring a
consulting Urban Forester to revise our tree preservation and mitigation ordinance and
develop an Urban Forest Master Plan. City Council has directed staff to simplify and
clarify our tree code that was adopted in November 2004. Planning staff believes the
most efficient way to proceed is to contract for professional services with an experienced
Urban Forester to review our current regulations and draft the necessary code revisions.
Planning staff is also preparing a 2007-2008 budget request to create a new full time
position for a Tree Program Manager. Citizens and city staff have both recognized a tree
ordinance, without an Urban Forester to enforce it, is not effective. The new Urban
Forester will be responsible for tree code enforcement, including field inspections for
tree protection fences, tree protection signs, and tree clearing prior to permit approval.
Other duties will include public education, long term planning, and Environmentally
Sensitive Area administration. City Council has indicated their intent to look favorably
upon our request to create a new position to enforce and monitor the tree preservation
and mitigation ordinance and other environmentally related land code issues.
Part III: ORGANIZATIONAL GOALS
What is the overall mission of your organization?
"To be a leader among cities in delivering outstanding quality services and products
through citizen involvement, innovation, and efficient use of resources" is the mission
statement for the City of Denton. City of Denton staff and Keep Denton Beautiful
members actively participate in the Cross Timbers Urban Forestry Council. The purpose
of the CTUFC is to promote interest and public awareness of tree planting efforts in the
Cross Timbers region; stimulate and encourage citizens, private business persons and
government entities to take an active role in tree planting and conservation; and
promote conservation of current trees and wooded areas through education and other
efforts among groups and individuals. The Landscape Administrator has implemented an
internal TREE TEAM, comprised of field inspectors from Building Inspections, Watershed
Protection, Code Enforcement, and Engineering to identify development projects that
are removing trees prior to permit approval. This team of field inspectors will be able to
assist the new Urban Forester with weekly drive-by site visits to construction sites under
development. After the Urban Forester is hired, information on the City website will
include instructions on how to report suspected unapproved tree clearings.
Does the community have a forester or arborist to manage the trees? No, not
yet. Planning and Development Services will be requesting a full-time employee to serve
as Tree Program Manager in next year's budget.
Is there a tree ordinance in place? Yes.
Does it affect the trees on public and private property? Yes.
Is there a plan in place to care for public trees? No, not yet. The Landscape
Administrator and the Consulting Arborist will development an Urban Forest Master Plan.
The primary goal will be to improve Denton's urban forest canopy cover. The objectives
will be to:
1. Encourage the preservation and planting of trees on private property.
2. Ensure through education and outreach efforts that all stakeholders appreciate
the value of Denton's trees.
3. Improve coordination and communication regarding city tree regulations, and
planting and preservation standards and guidelines.
4. Ensure that tree planting and preservation are important elements of our
streetscapes.
5. Preserve existing wooded parks and natural areas, and plant trees in public open
spaces to improve Denton's overall tree canopy.
6. Ensure that urban forest maintenance practices continue to improve the quality
of tree canopy in Denton to maximize potential benefits to the community.
Is there an inventory of public trees? No, not yet. With the hiring of a full-time
Urban Forester, this may become a priority.
Is there a tree board or local advocacy organization that supports programs
for maintaining tree cover or managing public trees? Yes, Keep Denton Beautiful.
Please refer to attached Native Landscapes Committee 2007 Annual Action Plan. The
Development Review Chairman has the authority to establish a Tree Trust. Areas that
have a minimum of one acre with characteristics of the Cross Timbers are eligible to be
classified as a Tree Trust. Tree Trusts are preserved with a permanent easement that
runs with the land, that limits any future land disturbing activity or construction that
would damage the trees.
What will the long-term benefits be? The long-term benefits include an increasingly
healthy and sustainable urban forest. Preservation efforts combined with quality tree
plantings will benefit Denton by increasing citizen enjoyment of green spaces and
adding value to both public and private properties.
Part IV: PROJECT WORK PLAN
Project Description: Landscape Administrator will work closely with the professional
consultant on the tree preservation and mitigation code amendments. Landscape
Administrator and consultant will also develop and implement a City of Denton Urban
Forest Master Plan. The end result of hiring a professional consultant to revise the
current tree preservation and mitigation regulations will produce a simplified ordinance
with high standards and an easier to understand process. Hiring a full time Urban
Forester to enforce a revised tree ordinance will help resolve several issues, including:
1. The inconsistent preservation and protection of the remaining remnants of the
Cross Timbers
2. The inconsistent care of public trees
3. Improving the relationships between utility tree trimming contractors and
neighborhoods
4. Improving the survival rates of street trees by planting the right trees in the right
places
Timeline: Staff intends to bring the code amendments to the Planning and Zoning
Commission and City Council before the end of the year.
Budget Explanation: The $15,000 requested state grant funds as well as the $15,000
matching funds will be used to contract professional services to revise the tree
preservation and mitigation regulations and draft an Urban Forest Master Plan.
Project Publicity: Publicity for the receipt of this grant will be handled with a formal
press release coordinated through the City of Denton's Public Information Office.
Landscape Administrator will also coordinate additional publicity with the Denton Record
Chronicle, City's television channel 26, the KDB quarterly newsletter, the CTUFC
i quarterly newsletter, and the City of Denton website.
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NATIVE LANDSCAPES COMMITTEE
(formerly known as Native Plant & Urban Forest Committees)
2007 Annual Action Plan
Goal Statement: Promote reforestation efforts by maintaining the in-house tree nursery.
Action Statement: Schedule nursery workdays to re-pot, step-up and weed container trees.
Goal Statement: Promote reforestation by providing trees free of charge to program participants.
Action Statement: Provide annual Tree GiveAway event.
Action Statement: Manage the Neighborwoods Tree Planting Program to place trees in pre-determined
desirable locations utilizing participation by interested schools, neighborhood and
non-profit groups.
Goal Statement: Support other organizations that promote urban forestry
Action Statement: Renew membership of the Cross Timbers Urban Forestry Council and the Texas
Urban Forestry Council.
Goal Statement: Promote tree care
Action Statement: Operate a tree education booth at the annual Great American Cleanup and the annual
Denton Redbud Festival.
Goal Statement: Promote use of native plants for landscaping in Denton.
Action Statement: Create and implement Water Smart garden tour in early summer.
Goal Statement: Complete and maintain all current gardens (Post Oak Grove, Denia
Park, KDB Building.
Action Statement: Add and rearrange plants at these sites as needed.
Action Statement: Solicit volunteers to supplement committee workdays.
Action Statement: Design and install signage at all completed sites.
c
Federal Program
CFDA Number: 10.664 Grant Number: 05-03-08
Period: 04-01-07 to 9-30-07 Grant Amount: $15,000
Local Match: $15,000
Urban Forestry Partnership Grant Program
A Cooperative Program Between the Texas Forest Service
And the USDA Forest Service
GRANT AGREEMENT
This Grant Agreement is hereby entered into by and between
Texas Forest Service (TFS), a Member of The Texas A&M University
Sys the
and an agency of the State of Texas, and the City of Denton, Texas,
tem
hereafter'~refe'rred``tb a"s "Gra'nt'ee. '
Article 1. This agreement represents the entire agreement between the Any matching purpse,
requested final
wrritinproduct, grant TFS. Grantee must raise the entire balance of funds necessary award, to complete
g and approved by the
the budget as proposed, from non-federal sources. All funds must be used
for the purposes stated below.
Purpose: To hire an urban forestry consultant, responsible for
reviewing and revising the tree preservation and mitigation code
regulations and to develop an Urban Forest Master Plan that covers
planting, preservation, and care of trees on public and private
property. Grant and local funds will pay for contracted consultant fees.
Article 2. The $15,000 grant will be paid on a reimbursement basis upon
submission of approved cost records AND a project final report. Interim
reports detailing partial project accomplishments and costs will be
accepted for partial payment. The amount paid will equal 50% of the
approved project costs, not to exceed either the
grant amount or the out-
of-pocket expenses. The Grantee shall_be_responsible_for a-
of $75;000, in eligible cash purchases or in-kind contributions. ma*y~~
Article 3. The Grantee shall be responsible for providing proof-of-
payment records for all purchases and in-kind contributions. These include
source documentation such as invoices, cancelled checks, paid receipts,
payroll or time and attendance records, contract documents, and valuation
letters for third-party in-kind contributions. Cost records must be
retained for three years following conclusion of the projects
Article 4. The Grantee must provide the TFS with an official resolution
passed by its governing body that authorizes its representative to execute
any agreements associated with this grant and commitaps the organization to
j the matching contribution as proposed in the grant plication and listed
above.
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Article 5. Applicable federal cost principles (attached OMB A-87 for
local governments, OMB A-21 fo higher education institutions
122 for nonprofit groups), administrative requirements
Part 3016 or 7 CFR Parts 3015/3019 or OMB A-
followed in determining r5/3blenesandathe Grantee s a pli cats 7 CFR
costs. Grantee's procurement procedures must conform to sttandardsndef
will inede
in these documents and Grantees receiving y' and allocation of
funds must comply with federal single Audit300,000 or more in federal
in circular OMB A-133. Act requirements as
detailed
tthe1State ofTTexas. Inoaddition, thee Granteelagreesvtoncomply
applicable federal laws, as specified in the attached Assur nby the ces forsNon-
Construction Pro rams. with all
ontrctim_gams Grantee must certify that they have not been
drug-free workplace requirements, andamust ocompl mwith re 1.
P y wi.th_feder-a-1~
lobbying Congress. comp l wth restrictions on
Article 7. The Grantee shall submit a final project performance report, a
financial summary with supporting documentation, and a copy of an
developed through the grant within 60 days of project completion
November 30, 2007, at the latest. Y product
report covering the (If required, a co or by
grant period must also be submitted.) the Single Audit
Article 8. The State Forester and the Comptroller General of the United
of access to an
States, or any of t eir a thori eddrepresentatives, shall have the right
the Grantee which are pertinent to the grant iinporderotoomake audits, of
examinations, excerpts, and transcripts.
Article 9. (For tree planting projects only.) The Grantee must
the TFS with a resolution or letter from the governing bod
that 'owns the propert Provide
must grant y where the trees are to be y of the entity
permission to the Grantee to install thisnla This document
to providing reasonable protection for the trees. planting and commit
Article 10. (For tree plantin
Maintenance Specifications g projects only.) Exhibit A (Tre attached hereto and incorporatedeforaaling
purposes, must be followed and will be used by the TFS to measure
performance by the Grantee. Trees must be maintained for three full
following planting. The Grantee must replace any dead trees within the
period of this Agreement if the number of live trees falls below 90%yofrs
the original number planted and included in project cost reports.
Article 11. If a Grantee materially fails to comply with an
award, as stated above, the TFS may temporarily withhold cash
pending correction of the deficiency by Grantee, disallow all oorypartts
activi or actin not in ance
suspend or terminate the currentoawarrd forcthelGrantee par of
awards for the , wholly or partly
lrd program, demand repayment of the withhold further
y available remedies. grant, or take other
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Article 12. The Grantee may terminate this entire Agreement, without
cause, prior to the expiration of the grant period, upon thirty (30)
written notice. Upon cancellation of this Agreement and release (3 return
days
of the unexpended
grant funds, the Grantee is fully released of all
obligations under this Agreement.
Article 13. The Grantee agrees to hold the Texas Forest Service (TFS)
harmless from any injury to person or property occurring in connection
with project operations by Grantee, its agents, or employees, to the
extent allowed by law.
Article 14. If any part of this Agreement shall be deemed to be or shall,
in fact, be invalid, inoperative, or unenforceable as applied, , such
`,~y
circumstance sliafl° not`'ha`ve tthe effect of re---~--..`~ndering.._any other provisi_on of
this Agreement invalid, inoperative, or unenforceable to any extent
whatever.
Acceptance: We accept this grant subject to the terms and provisions
stated above.
Grantee:
Signature
City Manager ~
Title
~ z
City of Denton
a z
Organization w o
07/17/07 a
Date 0-
<50
N
Granto
Ja es B. Hull
State Forester
Texas Forest Service
l1G- 7
Date
I