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HomeMy WebLinkAboutAgenda - 12-14-2010 - 7aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 14, 2010 Action Agenda Item No. ~- Q SUBJECT• Proposal for Soccer Superfund Partnership with the Town of Chapel Hill DEPARTMENT: PUBLIC HEARING: (YIN) No Environment, Agriculture, Parks and Recreation ATTACHMENT(S): A. Draft Interlocal Agreement B. Project Plan Map INFORMATION CONTACT: David Stancil, 245-2510 Lori Taft, 245-2660 PURPOSE: To consider an Interlocal Agreement (attachment A) between Orange County and the Town of Chapel Hill that would establish parameters under which 2001 Soccer Superfund monies appropriated for Twin Creeks (Moniese Nomp) Park would be re-allocated to support an artificial turf soccer field installation project at the Town of Chapel Hill's Cedar Falls Park. BACKGROUND: In 2001, Orange County voters approved a Parks and Open Space Bond, including an allocation fora "Soccer Superfund" (SSF) to locate and construct new soccer fields in the County. In May 2005, the Board appropriated $650,000 of SSF funds for the soccer field portion of the planned Phase I of Twin Creeks Park, located north of Carrboro. A design firm was retained for this project and preliminary work conducted. However, it was eventually determined that the funding allocated would not be sufficient to complete the planned Phase I of the park due to high construction costs and infrastructure requirements. Currently, $623,000 remains of the SSF appropriation to Twin Creeks. A new Phase I of Twin Creeks Park was approved by the Board in late 2009 and is moving forward as a greenway trail, without the SSF monies. One of the Board's FY 2009-10 Priorities, adopted in September 2009, was Priority P-12 "Fulfill remainder of bond issuance approved by voters in 2001 for soccer and Twin Creeks." Toward this end, and consistent with prior informal ideas and proposals, a letter was sent from the County Manager to his counterparts in Chapel Hill and Carrboro indicating the County's interest in exploring a partnership to facilitate ashort-term soccer field project. A response was received from the Town of Chapel Hill, and a subsequent meeting between town and County staffs was held. Carrboro did not respond with interest in pursuing this potential funding. The Town of Chapel Hill would use the funding as a match for a NC Parks and Recreation Trust (PARTF) fund application to reconfigure an existing damaged youth baseball field at Cedar Falls Park, located on Weaver Dairy Road across from East Chapel Hill High School. The additional funding would allow the installation of a 315 X 375 foot artificial turf field in place of the existing field, as well as improvements to infrastructure at Cedar Falls Park. Staff finds that the proposal satisfies the majority of the guidelines set forth in the SSF document as well as the recommendations of the Soccer Symposium Task Force. A representative from Chapel Hill Parks and Recreation will be present at the meeting and will describe the proposal relative to the project plan- (attachment B). On April 20, 2010, the Board authorized staff to move forward with the proposed project. County and town staffs have worked together to develop a proposed Interlocal Agreement. Sections of the draft agreement include details on the following: • Term of the Agreement -five years • Phasing -field in first phase with County partnership, lights and additional improvements in second (unscheduled) phase without County partnership • Project management -Chapel Hill • Maintenance and operations -Chapel Hill • Availability -Leased and unscheduled use • Additional funding - no additional funding from Orange County Town staff and the Town Attorney have reviewed the draft Agreement. If approved, the schedule for the project proposal and grant application moving forward would be: • Town Council consideration -January 10, 2011 • BOCC approval of any changes (if needed) -January 20, 2011 • PARTF Grant application due -January 31, 2011 • PARTF Grant awards -May-June 2011 FINANCIAL IMPACT: Of the $650,000 in SSF funds appropriated to Twin Creeks in 2005, approximately $623,000 remains and is available for reallocation. If the Interlocal Agreement is approved, these funds would be reassigned to the new project. The Town of Chapel Hill would then use this partnership and other town funds to leverage a Parks and Recreation Trust Fund grant for the proposed Cedar Falls Park soccer field project. RECOMMENDATION(S): The Manager recommends that the Board approve the Interlocal Agreement and authorize him to sign the Interlocal Agreement for the installation of artificial turf at Cedar Falls Park. Attachment A 3 STATE OF NORTH CAROLINA INTERLOCAL AGREEMENT COUNTY OF ORANGE FOR INSTALLATION OF ARTIFICAL TURF This 1NTERLOCAL AGREEMENT is hereby made and entered into, by and between ORANGE COUNTY, hereinafter referred to as "Orange County," and the TOWN OF CHAPEL HILL, hereinafter referred to as "Town," pursuant to N.C. Gen. Statute 160A-460 et seq., and other applicable laws. WITNESSETH: WHEREAS, Orange County and the Town have a mutual interest to provide sustainable athletic facilities, including soccer fields, for the citizens of Orange County and the.Town; and WHEREAS, the Town owns Cedar Falls Park, (hereinafter referred to as "Park"), a portion of which contains an existing ballfield (Cedar Falls Field #1), a map of which is attached hereto as Exhibit A; and WHEREAS, Orange County and the Town have agreed that converting the existing Cedar Falls Field #1 from a turf ballfield to an artificial turf athletic field suitable for soccer (hereinafter referred to as "Field"), would benefit the citizens of the Town and Orange County; and WHEREAS, Orange County and the Town have agreed to jointly provide the resources needed to convert the Field to an artificial turf surface; and WHEREAS, Orange County and the Town agree that the Town should operate and maintain the Field to the mutual benefit of citizens of both jurisdictions during the term of this Agreement, pursuant to N.C. Gen. Statute 160A-355, N.C. Gen. Statute 160A-460 et seq., and other applicable law. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contain herein, the parties hereto agree as follows: 1. Soccer Superfund Guidelines and Project Scope: The Town shall use Orange County funds to install a new artificial turf athletic field at Cedar Falls Park that will be suitable for soccer play. Both parties acknowledge that Orange County has developed guidelines for use of its funding for development of soccer facilities and that the new field shall meet the following conditions: A. First Phase of Development: The first phase of development shall consist of the demolition of the existing Cedar Falls Ballfield #1 and the installation of an artificial turf surface suitable for soccer play. The Field shall be 360 ft X 225 ft or larger. Phase One work could include items such as fencing, benches, site furnishings, ADA accessibility improvements, and other work deemed necessary to provide a safe playing field that meets all legal requirements and applicable safety standards. Orange County funding is provided only for Phase One. Page 1 of 5 4 B. Future Phases: The Town may undertake future phases of development including the addition of lights for night play, parking lot improvements, restroom improvements, and the addition of other amenities designed to enhance the playability and comfort of the athletic field. C. Maintenance Standards. The Town agrees to maintain the Field to the highest practicable standard to ensure playability for the length of the expected life of the turf. D. Availability: The Town shall be responsible for scheduling the Field. In general the Field will be programmed as described below, although changes to the schedule may be made on occasion throughout the life of this agreement for special events, tournaments, and other events. Any substantive change to the schedule below, during the term of this agreement, shall only be made with the permission of Orange County. Unscheduled Communi Use: Monday through Friday (dawn to 3:00 p.m.); Sunday (8:00 a.m. to 12:00 noon) ii. Lease Periods: Monday through Friday (3:00 p.m. until 10:00 p.m.); Saturday (all day); Sunday (12:00 noon to 10:00 p.m.) E. Public Transportation: The Town agrees to make every reasonable effort to maintain the current level of bus service that serves Cedar Falls Park. However, both parties acknowledge that the Town cannot guarantee that bus service levels will remain at current levels throughout the term of this agreement due to potential changes in the bus system's funding, costs, needs of the bus system partners, and other factors. F. Regulatory Approval: The Town agrees to pay all costs needed to secure any and all required permits needed to build and manage the Field. G. Water and Sewer: The Town agrees to maintain OWASA water and sewer services on the site. H. No Discrimination in Scheduling or Use of the Field: The Town agrees to promote equality and goodwill regardless of an individual's race, color, creed, religion, national origin, sex, disability, age, athletic ability, veteran status or familial status. I. Field Markin: The Field will include permanent markings for youth and adult soccer play. Markings may be provided for other sports. 2. Financial Conditions: A. Orange County Contribution. Orange County agrees to contribute $623,000 to be used for the installation of an artificial turf field at Cedar Falls Park. Page 2 of 5 5 B. Town Contribution. The Town agrees to provide a minimum of $311,500 in either cash or in kind services. Both parties acknowledge that the Town's FY 2010-11 provision of $63,000 for renovation of the Cedar Falls Park parking lot will count toward the Town's required contribution. The Town shall provide evidence of expenses related to their $311,500 contribution if requested by Orange County. C. Financial Mana eg ment. The Town shall manage the project budget and shall make payments to contractors for design and construction. D. Reimbursement. The Town may invoice Orange County for actual expenses incurred during the design and construction phases of the project. The County shall reimburse the Town for expenses directly related to the installation of artificial turf paid by the Town during the life of the project, up to Orange County's stated contribution limit of $623,000. The final $50,000 payment to the Town will occur after the completion of the project. E. Billing Schedule and Pam. The Town may invoice once per month during the life of the project. Orange County will pay within 30 days of receipt of accurate invoices. F. No Additional Capital Investment. Orange County shall not be responsible for any amounts in excess of $623,000 for installation of the turf as provided in section 2A. In the event development is unsuccessful, damage occurs, the artificial turf surface requires repair or replacement or further improvements/phases are desired, Orange County is not responsible for providing funding. G. Funding for Maintenance and Operations. The Town shall be responsible for all costs associated with maintenance and operation of the Field. H. Revenues. All revenues generated from operation of the Field shall be retained by the Town. 3. General Conditions: A. Term. This agreement shall be in effect for a period of 5 years, beginning from the date of execution. B. Start of Construction. The Town agrees to start construction within three years of the execution of this Interlocal Agreement. C. Name of Field. The Field shall retain the name "Cedar Falls Field # 1 ". Any formal re-naming of the artificial turf field during the term of this agreement will be in accordance with a joint naming policy to be developed and approved by both the Town and Orange County. Page 3 of 5 6 D. Ownership. All portions of Cedar Falls Park shall continue to be owned by the Town. At the conclusion of the project the Field and all improvements shall be owned by the Town. E. Park Policies and Regulations. Use of the Field shall be governed by regulations enacted in the Town's Code of Ordinances. F. Insurance. The Town of Chapel Hill shall provide evidence of general liability insurance to the County by way of a certificate upon approval of this agreement. Orange County shall be named as additional insured by endorsement to the Town's general liability policy. The Town shall maintain combined single limits not less than $1,000,000. per occurrence with aggregate limits not less than $2,000,000 per year; and shall provide notice to the County not less than 30 days prior to any cancellation or reduction of any liability coverage. An updated certificate of insurance shall be sent annually on or before each policy renewal date to: Orange County Attention: Risk Management Services 131 West Margaret Lane ;Suite 301 PO Box 8181 Hillsborough, NC 27278 F. Assignments. This agreement is not assignable by either party without the written consent of the other. G. Notices. All notices provided for in this agreement shall be in writing, addressed to the Orange County and Town managers. H. Governing Law. This agreement shall be construed under the provisions of the law of the State of North Carolina. I. Entire Agreement. Except as otherwise provided in this Agreement, this Agreement contains the entire agreement between the parties. Amendments, if any, shall be in writing and signed by both parties. THE REMAINER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK Page 4 of 5 7 This Contract is between the Town of Chapel Hill and Orange County for joint funding for an artificial turf athletic field. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed as of the day and year first written above. ORANGE COUNTY ATTEST: Clerk to the Board FOR ORANGE COUNTY By: Frank Clifton, Orange County Manager This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Orange County Finance Director TOWN OF CHAPEL HILL ASSISTANT/DEPUTY/TOWN MANAGER ATTEST BY TOWN CLERK: TOWN CLERK Town Clerk attests date this, the Approved as to Form and Authorization TOWN ATTORNEY TOWN SEAL day of , 20 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. 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