HomeMy WebLinkAboutAgenda - 10-05-2010 - 7bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 5, 2010
Action Agenda
Item No. ~ ~ k?
SUBJECT: Fairview Park -Draft Interlocal Agreement with Town of Hillsborough
DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y/N) No
Parks and Recreation
(DEAPR), County Manager
and County Attorney
ATTACHMENT(S): INFORMATION CONTACT:
Draft Interlocal Agreement (8/20/10) Frank Clifton, 245-2300
Map Attachments John Roberts, 245-2318
David Stancil, 245-2510
Lori Taft, 245-2660
PURPOSE: To consider a possible Interlocal agreement with the Town of Hillsborough
regarding property exchanges, Town contributions to park expenses, public safety and other
issues regarding Fairview Park.
BACKGROUND: County voters approved a bond for parks and open space in 2001 which
included funding for Fairview Park in north Hillsborough. A Fairview Park Master Plan
Committee worked to develop a master plan for the park, and the County and Town sought to
augment available funds with a grant from the N.C. Parks and Recreation Trust Fund. A grant in
the amount of $500,000 was awarded in summer 2009, and a bid for construction of the park
was solicited and awarded in late 2009. In August of this year, the Board approved adding
tennis courts to the current project. Construction is well underway and is scheduled to be
completed by the end of the year.
The park is being constructed on land owned by both the Town and County, consistent with a
Memorandum of Agreement (MOA) signed by the two jurisdictions in late-2005. While the MOA
defined the process for developing a master plan and agreed to allow both properties to be
used in the design, the MOA also anticipated a future agreement to address operation and
management of the facility. The Master Plan Committee focused its energy on the park design
and did not address operation and management, for a variety of reasons.
However, with the park poised to be completed and opened, a formal agreement is needed
between the Town and County to address ownership, liability and other issues. Over the past
few months, the Managers and staff from both jurisdictions met to discuss the outline of a draft
Interlocal Agreement, which was subsequently reviewed by both parties.
2
The draft Interlocal Agreement (attached) would address several key components of the park
prior to opening, and leaves open possible future actions as well. In general, the draft:
• Speaks to property exchanges and easements to address liability and public safety. In
short, aone-acre parcel around the Town police substation would be conveyed to
Hillsborough; Hillsborough would deed to the County the remainder of the park site on
its property (thereby assuring all of the park facilities are under one owner), and
easements would be granted to allow the County and Town access to certain nearby
facilities or land.
• The Town of Hillsborough will contribute the amount of $30,000 annually to the County
for general operating expenses of the park. This amount will increase 2% per annum
beginning July 1, 2011.
• The Town will be responsible for providing water and sewer to the park, at no cost, and
will be responsible for opening and closing the park gate, if determined to be necessary.
• Public safety response will be coordinated by the Orange County Sheriffs Department,
in a coordinated response effort with the Town Police Department.
• Since the park is surrounded on three sides by the Town limits, the Town will consider
the potential for annexation of the site periodically, notifying the County in advance of
any intent to annex.
• The Agreement may be amended by mutual consent and will be reviewed every five
years. The Agreement would expire December 31, 2015, but both parties agree to
consider renewal prior to that time.
The Agreement does not preclude other steps toward coordination of efforts regarding the park,
and future conversations about the operation and maintenance are not prohibited by the
Agreement. The map attachments show current and proposed future property lines, and the
park site plan.
Having an Interlocal Agreement in place that covers these issues is important prior to the
opening of the park. The draft is being shared with the Town Board of Commissioners, who are
slated to review it on October 11. If adopted, the document will allow for orderly and clear
definition of responsibilities, roles and funding.
FINANCIAL IMPACT: There is no financial impact associated with the adoption of the Interlocal
Agreement. However, the County will incur operating expenses associated with this facility.
Operation of the park will be handled initially by the DEAPR budget and existing staff. Some
necessary equipment of $20,000 or less will be purchased using existing funds. The County's
costs will be offset by an annual payment of $30,000 from the Town, increasing by 2% annually
through the Agreement term, as well as the Town absorbing the cost of water and sewer and
park gate closure. Not covered in the Agreement is an arrangement being worked out at staff
level that would enable trash pickup to be handled by the Town.
RECOMMENDATION(S): The Manager recommends that the Board consider the tenets of the
draft Agreement, identify any needed changes, and adopt the Agreement. If the Agreement is
adopted by the Town Board of Commissioners, it will go into effect immediately and run through
calendar year 2015.
Draft 2 - 8/20/10 H
MEMORANDUM OF INTERLOCAL AGREEMENT
ORANGE COUNTY
THE TOWN OF HILLSBOROUGH
REGARDING FAIRVIEW PARK OPERATIONS AND RESPONSIBILITIES
THIS AGREEMENT, made and entered into between the Town of Hillsborough,
North Carolina, a North Carolina municipal corporation, 101 East Orange Street,
Hillsborough, NC 27278 (hereinafter referred to as the "Town"); and Orange
County, a body politic and corporate, a political subdivision of the State of North
Carolina, 200 South Cameron Street, Hillsborough, NC 27278 (hereinafter
referred to as the "County"), for the joint and/or assigned operations and
responsibilities of Fairview Park, located in Hillsborough, NC.
WITNESSETH
WHEREAS, the parties to this agreement are publicbodies, politic and corporate,
under the laws of the State of North Carolina and'are vested with the power and
authority to own and improve real estate for recreational and other public
purposes; and
WHEREAS, the Fairview neighborhood of the Town of Hillsborough adjoins a
designated park site that was identified as part of the Community Revitalization
effort funded through Community Development Block Grants in the 1980s, and
identified in both the County and Town Comprehensive Plans; and
WHEREAS, the 2001 Orange County Parks and Open Space Bond included
funding for planning and construction of Fairview Park; and
WHEREAS, the Town and County both own property within the said Fairview
Park site (hereinafter "Fairview Park"), and the Town's corporate limits abut the
site on three sides; and
WHEREAS, the County and Town recognized the mutual benefit and interest of
the parties hereto, and to the public generally, in the construction of park facilities
on Town and County owned property for Fairview Park, with the Town agreeing
to donate its land toward this purpose; and
WHEREAS, the Town and County entered into a Memorandum of Agreement in
2005 regarding use of both Town and County lands together for Fairview Park,
and a process for creating a master plan for the park, as shown as Attachment 1
to this Agreement; and
Draft 2 - 8/20/10 4
WHEREAS, it is recognized by both parties that there are limitations imposed by
safety considerations caused by the site's previous use for waste-disposal
purposes, as addressed in part by a geo-technical report ("Report of
Geotechnical Evaluation, Closed Hillsborough Landfill Site, July 19, 2000") that
have affected .the potential locations within the site for a park; and
WHEREAS, a Fairview Park Master Plan was created by a committee of County
and Town representatives in 2006 and was subsequently adopted by both the
Town and County Boards of Commissioners; and
WHEREAS, the County and Town- jointly applied for and received grant funding
for park construction from the N.C. Parks and Recreation Trust Fund in 2009;
and
WHEREAS, the laws of the State of North Carolina provide that the parties
hereto may contract, for the joint design, construction, development and use of
facilities for the stated public purposes; and
WHEREAS, construction of park facilities began in early 2010 upon awarding of
a construction bid following open bid solicitation procedures, and is currently
underway located on both Town and County-owned portions of the site; and.
WHEREAS, the parties hereto agree to address needed:.. property exchanges for
public safety and liability concerns, Town contributions to park operations and
potential annexation into'the Town of Hillsborough, among other matters:
NOW, THEREFORE, in consideration of the foregoing and on mutual promises
and obligations set forth herein, the. receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1'' PROPERTY EXCHANGES AND ACGESS EASEMENTS
a. In order to address- potential liability issues and simplify ownership
boundaries which find facilities located on or across property lines,
the Town and County agree to an exchange of properties within the
Fairview Park site (please see Map 1-a and 1-b).
i. The County will convey to the Town approximately one (1)
acre of land along Rainey Avenue including the existing
Town of Hillsborough Police Department, Fairview
Substation and its adjoining parking area, as shown in Map
2.
ii. The Town will convey to the County its portion of land
containing the facilities for Fairview Park, along with a
connecting strip of land as shown in Map 2.
iii. Three easements will be executed as part of this land swap:
Draft 2 - 8/20/10 5
1. The County will grant an access easement to the
Town for use of its private road serving the County's
Public Works facility to NC 86.
2. The County will grant an unspecified easement to the
Town to cross the County's property to access the
Town's storm debris site as shown on Map 2.
3. A third one, from Town to the general public and
Orange County specifically for use of and access
across the substation parking lot (for access to the
remainder of the park)
iv. The Town and County will share the. costs of surveys for
these land conveyances, and will be responsible for their
own legal expenses related to same.
2. TOWN CONTRIBUTIONS TO OPERATING EXPENSES
a. The Town will contribute to the County, for general operating
expenses of the park, a sum in the amount ofthirty-thousand
dollars ($30,000) annually, to increase by 2 percent (2%) per
annum beginning July 1 2011.
b. The Town will also provide,for water and sewer service at no cost
to the park restrooms, picnic shelter. and water fountains.
c. The Town will be responsible for the opening and closing of any
gate to the park, if such is deemed necessary, on a mutually-
agreeable schedule and at the Town's discretion.
3. PUBLIC SAFETY COVERAGE FOR THE PARK
a. The Orange County Sheriffs Department will be the initial primary
provider, .with the Town Police Department supporting and assisting
in this capacity. It is anticipated that over time the Town and County
will review response to calls in the park and make adjustments to
responsibilities as needed and prudent.
b'. As Fairvievv'Park is adjacent to the Town corporate limits on three
sides and. is thus within one mile of the Town limits, and the Town's
Fairview- Police Substation is within the site boundaries, the Town
Police Department will coordinate and cooperate in a coordinated
public safety response for emergency calls at the park.
4. POTENTIAL FOR ANNEXATION
The Town will evaluate and consider the appropriateness of annexing the
Fairview Park site periodically, and will notify the County in advance of any
intent to annex.
Draft 2 - 8/20/10 6
5. AMENDMENTS
This Agreement may be amended by mutual written consent of the Town and
County. The Agreement will be reviewed at least once every five years for
needed changes and updates.
Any future improvements to the Park after the date of this agreement will be
considered by both the Town and County.
6. TERM
This Agreement shall terminate upon mutual agreement of the Town and
County Boards of Commissioners; or on December 31, 2015. The parties
commit to review and consider renewal of the Agreement on or before
December 31, 2015. This agreement is renewable with mutual agreement of
the two governing bodies.
7. GOVERNMENTAL APPROVALS
This Agreement is subject to the review and approval of the Town and County
Boards of Commissioners.
8. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the parties hereto.
This, the _ day of 2010
Mayor, Town of Hillsborough
WITNESS:
Town Clerk
Chair, Orange County Board of Commissioners
Draft 2 - 8/20/10 ~
WITNESS:
Clerk to the Board
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~-LS ~ Site Plan ~~•~ e
Orange County and the Town of Hillsborough, NC Orange County
North Carolina
August 2010
Map 1-A
Fairview Park Area
Legend N Orange County
Department of Environment,
j~ Orange County Property Agriculture, Pants 8~ Recreation
Town of Hillsborough Property 1 inch = 600 feet B.IYoung O' O
Map 1 -B
Fairview Park Area 10
Property Owners After Interlocal Agreement
Y.
T
4.5.A.6
PIN
9865844309
3.36 Acres
Orange Co to give Calculated
nonspecific access TMBL 4.5.A.15A
easement to PIN 9865733321
Hillsborough 31.68 Acres Calculated
Hillsborough to provide TMBL4.5.A.14A
Orange County access PIN 9865833379
easement from parking 4.x99 Ares Call
area to Orange County -,
property I£TMBL 4.5.A.14
PIN 9865833039
/TMBL 8 Acres Calculated
4.5.A.15B _J Orange Co. to give
PIN ;I Hillsborough access
9865725664 : easement to NC 86
.
Approx. 1 ac. area 9.96 Acres Calculated t r
around substation to (D { T 4.5.A.14B`'
be deeded to Hillsborough ? PIN 9865816980 _ _ -
C \ 113.97 Acres Calculated
C� TMBL 4.5.A.15 — --
PIN 9865822122
i
i
Hillsborough to deed
this portion to Orange
County for park
Legend N Orange County
Department of Environment,
0 Orange County Property Agriculture, Parks&Recreation
Town of Hillsborough Property August 4,2010
1 inch =600 feet B.Young