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HomeMy WebLinkAboutAgenda - 06-03-2014 - 6iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 3, 2014 Action Agenda Item No. 6 -i SUBJECT: Memorandum of Agreement with Town of Hillsborough to Protect Archaeological Resources on Town and County Properties within the Town Limits DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: (Y /N) No and Recreation (DEAPR) ATTACHMENT(S): Memorandum of Agreement INFORMATION CONTACT: Rich Shaw, 245 -2514 Peter Sandbeck, 245 -2517 1 PURPOSE: To consider approving and authorizing the Manager to sign a memorandum of agreement between the Town of Hillsborough and the County for the preservation of cultural and archaeological resources. BACKGROUND: In 2012 Town of Hillsborough and Orange County boards of commissioners directed the staffs to work together to develop a process to provide better identification and protection of archaeological and cultural resources within the Town limits. Staff from the Town Planning Department and the Orange County Department of Environment, Agriculture, Parks and Recreation collaborated to develop a memorandum of agreement (attached) describing a process for identifying, mapping and protecting cultural and archaeological resources. This agreement was reviewed by both boards at the BOCC /Hillsborough Board of Commissioners Joint Meeting on February 27, 2014. Both boards provided comments at that time, which have been incorporated into the final version. The Town and County attorneys have also reviewed and approved the final draft. The Town Board approved the agreement at its regular meeting on May 12, 2014 and a copy signed by Hillsborough Town Manager Eric Peterson is attached. The proposed agreement will help protect sites located within the town boundaries on properties owned by the Town and County. A major component of this agreement is a new cultural resources map developed by staff in partnership with the State Historic Preservation Office and the Office of State Archaeology, maintained within the County Geographic Information System (GIS) system. This new tool shows the locations of all known /identified archaeological and historic sites within the town boundaries on an overlay showing properties in Town or County ownership. The proposed agreement directs both Town and County staff to update and refine this map annually to ensure that new data and sites are added as they are identified. FINANCIAL IMPACT: None. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Manager to sign the attached final version of the Memorandum of Agreement, which has already been approved and signed by the Town of Hillsborough. P� MEMORANDUM OF AGREEMENT FOR THE PRESERVATION OF CULTURAL AND ARCHEOLOGICAL RESOURCES BETWEEN ORANGE COUNY, NORTH CAROLINA AND TOWN OF HILLSBOROUGH, NORTH CAROLINA This Memorandum of Agreement is entered into this 12"' day of May, 2014, by and between Orange County, North Carolina (County) and the Town of Hillsborough, North Carolina (Town), (referred to collectively as the "Parties"). WHEREAS, Orange County and the Town of Hillsborough are public entities of North Carolina and are eligible to enter into a binding contractual relationship with one another; and WHEREAS, the parties desire to enter into this Memorandum of Agreement (hereinafter referred to as Memorandum) in order to establish the mutually agreed upon conditions to identify, share, and protect cultural and archeological resources within the municipal boundaries of the Town of Hillsborough; and WHEREAS, the parties are both significant property owners within the municipal boundaries of the Town of Hillsborough; and WHEREAS, the parties each undertake projects that could endanger cultural and archeological resources if the presence of the resources were unknown, and WHEREAS, this agreement furthers Orange County's 2006 policy regarding cultural and archeological resources applying to construction projects on County-owned property or to projects receiving significant levels of County or State/Federal funding (policy attached); and NOW, THEREFORE, the following Memorandum is hereby entered into by the County and the Town, Definitions The Town and County mutually agree to the definitions of the types of resources to be covered by this agreement as follows: Cultural Resources - Remnants of human society and occupation of an area or vicinity after the introduction of non-native cultures into the area that have historical value or importance, This includes the built environment as well as human modifications to the natural environment, Archeological Resources - Remnants of human society and occupation of an area or vicinity before the introduction of non-native cultures into the area. This includes the built environment as well as human modifications to the natural environment. Shared Responsibilities The Town and County shall: • Cooperatively develop a Resource Map of known resources of each type existing within the municipal boundaries of the Town of Hillsborough. • Identify all properties owned by the Town and County on this Resource Map. • Meet annually to update the Resource Map with new resources that are identified through the development review process or other study by either entity. This step shall include consultation with the State Historic Preservation Office for possible amendments to its database. • Share the Resource Map with different departments and divisions within each jurisdiction in advance of any ground-disturbing activity that could impact a resource and determine whether there is a reasonable assumption that the activity could have an adverse impact on a resource. • Consult with one another to assess the impact of any proposed ground- disturbing activities on these resources, then to the extent practical come to an agreement on a mitigation or documentation strategy, Orange County Responsibilities Orange County shall maintain the Geographic Information System data layers associated with this Memorandum and make them available to the Town as needed. Town of Hillsborough Responsibilities The Town of Hillsborough shall provide data from its current evaluation of Town-owned parcels for the potential presence of resources as the data become available as well as other relevant data. Memorandum of Agreement Terms and Conditions The parties to this Memorandum agree that this Memorandum shall be effective from 5/12/14 to 5/11/19 unless terminated earlier by either party. This Memorandum shall be reviewed at least every five (5) years prior to March 1 st 2019 and may be terminated by either party upon 90 days of written notice, The Memorandum contains the entire understanding of the parties and shall not be altered, amended or modified, except in writing executed by both parties. N 3 IN WITNESS WHEREOF, the parties Hereto have caused this Memorandum to be signed by its Managers. FOR AND ON BEHALF OF FOR AND ON BEHALF OF ORANGE COUNTY: TOWN OF HILLSBOROUGH: ,.f County Manager Town Manager May 12, 21714 Date Date This Memorandum has been approved as to form and legal su ciency. County Attorney Town Attorney Date Date 3 C!