Loading...
HomeMy WebLinkAboutAgenda - 03-03-2011 - 4e REVISED 313111-ABSTRACT ONLY SEE BOLD IN TABLES-PAGES 2&3 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 3, 2011 Action Agenda Item No. + - e, SUBJECT: Public Trail Easement and Triangle Land Conservancy Funding Request for the Brumley Forest Nature Preserve; and Approval of Budget Amendment#7-C DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y/N) No Parks and Recreation (DEAPR) ATTACHMENTS: INFORMATION CONTACTS: Letter from TLC President David Stancil, 245-2510 Map of Property Rich Shaw, 245-2514 Draft Public Trail Easement PURPOSE: To consider the acceptance of a public trail easement through the Triangle Land Conservancy's Brumley Forest Nature Preserve and a request from Triangle Land Conservancy for funding assistance for its "Brumley Forest" acquisition in May 2010. BACKGROUND: In May 2010, Triangle Land Conservancy (TLC) completed a multi-year negotiation with the Zeist Foundation in Atlanta to acquire 613 acres of land along New Hope Church Road and Old NC 10 in Chapel Hill and Eno townships. The property had been owned by George and Julia Brumley, who died tragically in a 2003 airplane crash. Title to the land transferred to the family's private foundation in Atlanta. The landholding was one of the largest privately-held properties in Orange County. Stony Creek, a major tributary of the Eno River, runs through the property and is one of several conservation values (including identified prime forest) present on the site. TLC purchased the property with over $4 million accumulated from state grant funds, private donors, and the City of Raleigh's Upper Neuse Clean Water Initiative. The property, now known as "Brumley Forest," was purchased as a bargain sale, with the Zeist Foundation donating about half of the appraised market value. As is standard practice, TLC will apply for property tax exemption. However, because the sale took place in mid-year of 2010, a property tax bill for 2010 was generated including rollback taxes from the use value tax status. A total of $216,000 in rollback taxes were paid by the buyers and sellers at the closing. As a result, TLC was left with a prorated share of property tax of $50,000. TLC as a non-profit entity does not qualify for use value taxation, and it is this amount that has been requested from the Lands Legacy Program by the TLC President. The County considered participating in the purchase of the Brumley Forest property in 2008, but opted against becoming a funding partner due to the anticipated high cost of the proposed 2 purchase. The Board at that time did, however, indicate a willingness to consider funding assistance in some smaller capacity if the land were acquired. The Board considered the TLC request at an October 12, 2010 work session. The Board spoke favorably toward providing funding assistance, but only if TLC would allow public access to the property and the County were granted an interest in the property. The County Attorney suggested that the County be granted a conservation easement that would achieve both of those objectives. The Board directed staff and the County Attorney to work with TLC on such a proposal for Board consideration. County staff met with TLC representatives in January to discuss potential options. TLC explained it had already negotiated a conservation easement with the Zeist Foundation and the Eno River Association, which will restrict activities on portions of 613-acre property that are not suitable for public access. The parties decided to craft an easement for a public trail corridor that would help implement multiple County objectives, including the approved NC Mountains-to- Sea Trail corridor plan, which envisions a spur trail through the Brumley Forest property, and the Stony Creek Small Area Plan (part of the Orange County Comprehensive Plan), which envisioned a portion of this property as a possible park site. A map of the Brumley Forest property is attached along with a draft public trail easement. The specific route of the trail corridor has not yet been delineated, but it will traverse the property along the same general route as the Stony Creek corridor. The TLC board will consider the draft public trail easement for approval on March 16. FINANCIAL IMPACT: The County would receive a public trail easement at a cost of $50,000 to help offset the cost of property taxes and use value rollback taxes (three years, prorated). The County's source of funds would be Payment-in-Lieu funds since this project would provide public access for recreation and open space. The site falls within the Chapel Hill Township District for payment-in-lieu funds, which has a balance of $73,184. Budget Amendment #7-C will transfer $50,000 from the Payment-in-Lieu fund (Chapel Hill Township District) to the Conservation Easements Project. Budget Amendment# 7-C for Parks and Open Space Subdivision Payment-in-Lieu Fund Revenues: Fund Balance Applied $ 50,000 Expenditures: Transfer to County Capital Projects $ 50,000 Conservation Easements: Project#20006 Revenues for this project: FY 2010-11 FY2010-11 FY 2010-11 CURRENT Corrections Revised Sales Tax & Dedicated $12,944 $12,944 Property Tax Private Placement 590,632 590,632 Grant Funds 322,000 322,000 Transfer from Other Funds 1 1 $50,000 50,000 Total Project Funding $925,576 $50,000 $975,576 3 A ppropriated for this project: FY 2010-11 FY2010-11 FY 2010-11 CURRENT Corrections Revised Volpe Easement $31,000 $31,000 Breeze Farm Easement 502,000 502,000 Brumley Forest $50,000 50,000 Unallocated 392,576 1 392,576 Total Costs $925,576 $50,000 1 $975,576 RECOMMENDATION(S): The Manager recommends that the Board authorize the acceptance of the public trail easement from the Triangle Land Conservancy and authorize the Chair and the Clerk to sign the easement agreement, subject to final review by staff and the County Attorney, with a closing and recordation of the document expected to occur on or before March 31, 2011. The Manager also recommends the Board approve Budget Amendment #7-C and authorize the payment of $50,000 to Triangle Land Conservancy to help offset costs to acquire the Brumley Forest Nature Preserve.