HomeMy WebLinkAboutAgenda - 03-03-2015 - 6nORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 3, 2015
Action Agenda
Item No. 6 -n
SUBJECT: Draft Interlocal Aareement for the Hollow Rock Park and Natural Area
DEPARTMENT: Environment, Agriculture,
Parks and Recreation
(DEAPR)
ATTACHMENTS:
1) Draft Interlocal Agreement
2) Land Ownership Map (Exhibit A)
3) Site Plan (Phase 1 a)
4) Exhibit C - Phasing Plan for Facilities
Construction
PUBLIC HEARING: (Y /N) No
INFORMATION CONTACT:
David Stancil, 919 - 245 -2510
Rich Shaw, 919 - 245 -2514
Marabeth Carr, 919 - 245 -2516
This Item is a carry - forward from the
February 17, 2015 meeting cancelled
due to weather.
PURPOSE: To receive a draft interlocal agreement for the construction and operation of the
planned Hollow Rock Park and Natural Area — a planned multi - jurisdictional public park located
along New Hope Creek.
BACKGROUND: In 1992, Orange County, Chapel Hill, Durham County and the City of Durham
adopted the New Hope Creek Corridor Master Plan, which called for preservation of lands along
the New Hope Creek corridor from central Orange County to Jordan Lake. The master plan
envisioned a public trail network with a number of "access areas" at strategic locations, including
the "Hollow Rock Access Area" at the intersection of Erwin Road and Pickett Road.
The planned Hollow Rock Access Area is a 75 -acre site comprised of multiple land parcels
owned separately by Orange County, Durham County, and the Town of Chapel Hill. The site
straddles the Orange- Durham county line and New Hope Creek forms the western boundary.
Portions of the site are protected with conservation easements held by the State of North
Carolina.
The site was acquired in a series of separate land transactions from 2001 -2014. The Triangle
Land Conservancy (TLC) purchased the first two acres in 2002, and then advocated for further
acquisitions. Orange County purchased four parcels from 2005 -07 with the help of state grants.
A 43 -acre tract was acquired by Durham and Orange counties and the Town of Chapel Hill in
2008 with funding assistance from the City of Durham, the State, and the Erwin Area
Neighborhood Group. Orange County acquired the two -acre TLC property in May 2014.
2
In 2006, the four local governments signed an interlocal agreement for the acquisition and
planning of the planned Hollow Rock Access Area, and also established a Hollow Rock Master
Plan Committee, co- chaired by Commissioner Barry Jacobs and including then - Commissioner
Alice Gordon. The master plan was adopted by each of the four local government partners in
2009 -10. Orange County adopted the plan on April 20, 2010.
Construction of the initial public amenities for the Hollow Rock Access Area will occur in 2015
with help from a $200,000 NC Recreational Trails Program grant awarded to Durham County in
collaboration with Orange County. Orange County's share of this Phase la construction is
$50,000 from the adopted 2014 -19 Capital Investment Plan (CIP). The CIP identifies an
additional $120,500 from Orange County for Phase 1 b construction in 2016 -17. A phasing plan
for development of the site is provided as Attachment 4.
DEAPR has worked closely with the Durham County staff to develop a draft interlocal
agreement for the development and operation of the Hollow Rock portion of the larger New
Hope Preserve. The draft agreement describes the property ownership, existing encumbrances
(conservation easements), and allowed uses consistent with the adopted master plan. The
agreement also addresses how the parties would share in the cost of future improvements, the
operation and maintenance of the site, and development of a joint management plan.
The draft interlocal agreement also suggests changing the name of this property from the
"Hollow Rock Access Area ", a placeholder name from the 1992 New Hope Creek Master Plan,
to the "Hollow Rock Park and Natural Area ".
FINANCIAL IMPACT: There is no financial impact associated with consideration of the draft
interlocal agreement; however the agreement does specify options for how the local
governments would share in the costs of future improvements to the site, as well as for the
operation and maintenance of the site. Decisions for actual costs associated with the
construction, operation and maintenance of the future Hollow Rock Park and Natural Area will
be made in separate actions by the Board.
RECOMMENDATION(S): The Manager recommends that the Board:
1) receive the draft interlocal agreement for the development and operation of the Hollow
Rock Park and Natural Area; and
2) refer the draft interlocal agreement to the Durham - Chapel Hill- Orange County Work
Group for consideration at its March 11 meeting before the agreement comes back to the
Board at a future meeting for further discussion and action.
K,
Attachment I
DRAFT
INTERLOCAL AGREEMENT
FOR THE
DEVELOPMENT AND OPERATION OF THE HOLLOW ROCK PORTION OF THE
NEW HOPE PRESERVE
BETWEEN
DURHAM COUNTY, ORANGE COUNTY AND TOWN OF CHAPEL HILL
THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into this the
day of ' 2015, by ORANGE COUNTY, a political subdivision of the State of
North Carolina, hereinafter referred to as "Orange County," and DURHAM COUNTY, a
political subdivision of the State of North Carolina, hereinafter referred to as "Durham County,"
and the TOWN of CHAPEL HILL, a North Carolina municipal corporation, hereinafter
referred to as "Chapel Hill;" collectively referred to as "the Parties." This Agreement is made as
an Interlocal Agreement pursuant to Part I, Article 20 of Chapter 160A of the General Statutes of
North Carolina. [Ask the attorneys whether this includes the municipalities and counties both, or
do we need a second GS citation from Chapter 153.]
WITNESSETH:
WHEREAS, the Parties own certain adjacent real property known collectively as the
Hollow Rock Access Area, (hereinafter referred to as "the Park and Natural Area"), of which 43
acres plus or minus are located in and owned by Orange County, and 32 acres plus or minus are
located in and owned by Durham County, and 2 acres plus or minus are located in Durham
County and owned by Chapel Hill, a map of which property is attached hereto as Exhibit A; and
WHEREAS, Orange County, Durham County, Chapel Hill, and the City of Durham
participated in the cost of acquiring the property for the Park and Natural Area in order to assure
that the Park and Natural Area is preserved for open space and low- impact recreational public
use; and
WHEREAS, Orange County, Durham County, Chapel Hill, and the City of Durham
adopted a master plan for the Park and Natural Area in 2009 -2010 (hereinafter referred to as
"Master Plan, a map of which is attached hereto as Exhibit B; and
WHEREAS, Orange County and Durham County have agreed to monitor and protect
sensitive natural and cultural resources known to exist on the Park and Natural Area property;
and
WHEREAS, Orange County, Durham County, and Chapel Hill have agreed to make
portions of the Park and Natural Area available for low- impact outdoor recreational purposes,
including walking trails, nature study, cultural resource interpretation, picnic areas, and other
educational and recreational uses; and
WHEREAS, Orange County, Durham County, and Chapel Hill agree that Orange County
and Durham County should operate and maintain the Park and Natural Area to the mutual benefit
of citizens of both counties during the term of this Agreement and any subsequent extended term
Draft 3 - Interlocal Agreement — Hollow Rock Park and Natural Area 1 of 8
M
thereof, pursuant to N.C. Gen. Statute 160A -355, N.C. Gen. Statute 160A -460 et seq., and other
applicable law; and
WHEREAS, the City of Durham contributed funds to the purchase of the property, the
City of Durham is not a signatory to this Agreement pertaining to the operations and
maintenance of the Park and Natural Area; and
WHEREAS, Durham County applied for and was awarded a NC Recreational Trails
Program grant in the amount of $200,000 towards the construction of initial facilities and
amenities, consistent with the Master Plan; said grant requiring $50,000 in local matching funds
to be shared equally by Durham and Orange counties; and
WHEREAS, Orange County and Durham County desire to share revenues and expenses
equally for the joint use and mutual benefit of the citizens of both counties; and
WHEREAS, the parties hereto desire to enter into this Interlocal Cooperation Agreement
to set forth their respective participation, obligations and rights related to the acquisition and
development of the Property and the surrounding open space areas.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
contain herein, the Parties hereto agree as follows:
I. Purpose. The purpose of this Agreement is to set forth the undertakings of the Parties hereto
with regard to their respective contributions, obligations, and participation in the multi -
jurisdictional operation and management of the Park and Natural Area.
II. General
1. Site Name. The official name of the Park and Natural Area shall be "Hollow Rock Park and
Natural Area." Orange County will install a prominent sign, consistent with Orange County
zoning regulations, at the Erwin Road entrance to the park indicating that name as approved
by the Parties.
2. Master Plan. The Master Plan, which was adopted by the parties along with the City of
Durham in 2009 -2010, incorporates all property and facilities within the Park and Natural
Area, both existing and proposed. Any amendments to the Master Plan shall be presented to
the elected boards of the Parties for approval.
3. Management Plan. A Management Plan will be developed jointly by Orange and Durham
counties and presented to the elected boards of the Parties for approval. The Management
Plan is a long -term stewardship and general programmatic usage document detailing
management of the natural, biological, cultural and human-made features of the Park and
Natural Area, in keeping with the Master Plan goals. The Management Plan will be presented
to the elected boards of the Parties for adoption within two years of the execution of this
Agreement.
4. Names on Facilities. Any formal naming of facilities or amenities (e.g., trails, shelters) or
acknowledgment of people or entities on signage (e.g., project partners, monetary
contributors, etc.) will be in accordance with the Management Plan.
Draft 3 - Interlocal Agreement — Hollow Rock Park and Natural Area 2 of 8
5. Ownership. The land shall continue to be owned as separate parcels with Orange County
owning the 43 acres more or less located in Orange County, Durham County owning 32
acres more or less located in Durham County, and Chapel Hill owning 2 acres more or
less located in Durham County. Each governing body holding ownership shall be liable
for and shall maintain the property in the manner consistent with the Management Plan
unless otherwise agreed.
a) Conservation Easements. The Parties recognize that portions of the Park and
Natural Area were acquired with grants from the NC Clean Water Management
Trust Fund and NC Ecosystem Enhancement Program, and that there are
conservation easements encumbering the property as a result of those grants. The
conservation easements are recorded at the Orange County Register of Deeds,
Book 3197 Page 379, the Orange County Register of Deeds, Book 4065 Page 429,
the Orange County Register of Deeds, Book 5106 Page 254, and at the Durham
County Register of Deeds, Book 6659 Page 122.
b) Additional Land. As opportunities develop in the future, additional land areas
may be considered by the Parties for potential acquisition to expand the Park and
Natural Area boundaries. Amendments to the Master Plan to include the
additional land will be initiated through the joint county and town staff, with
recommendations to the Parties' elected boards for approval. If the proposed
additional land requires additional costs for maintenance and /or operations, then
the additional costs for land acquisition, operations, and maintenance shall be
negotiated and approved by the Parties' elected boards for approval. If, however,
the additional land is located in only one of the counties, and its acquisition would
have no financial impact on costs associated with Park and Natural Area
operations and maintenance, then the purchase of the proposed land may be made
by the county in which the land is located. If the land is located in both counties,
the Parties' elected boards must approve the purchase and must approve the
manner in which title to the land is conveyed.
III. Site Management
1. Allowed Uses. The Park and Natural Area shall be open and available to the general
public regardless of race, gender, color, creed, age, disability, familial status, marital
status, veteran status, political or religious affiliation or national origin. The Parties,
through their respective elected boards, with input from a citizen advisory committee and
other members of the public, have agreed on what uses will and will not be allowed in the
Park and Natural Area in accordance with the adopted Master Plan. Modification of the
approved uses will be considered through the joint county and town staffs and
recommended for consideration and mutual approval by the Parties' elected boards.
2. Policies and Regulations. Orange County and Durham County shall approve a joint set
of rules, regulations, ordinances, policies, and fees to be implemented in the operation
and management of the entire Park and Natural Area. The joint set of policies and
regulations may be amended from time to time by mutual agreement by Orange County
and Durham County.
Draft 3 - Interlocal Agreement — Hollow Rock Park and Natural Area 3 of 8
IV. Site Improvements and Amenities
1. Consistency with Master Plan. The Parties agree to make site improvements and
construct new facilities and amenities consistent with the adopted Master Plan.
2. Costs of Phase 1 Improvements. The counties agree to share equally in the value of the
Phase la improvements made to the Park and Natural Area consistent with the Grant
Award and listed in Exhibit C, including but not limited to a parking area, walking trails,
pedestrian bridges, portable restroom facility, and park signage. (For example, if the
value of the improvements made to the portion of the Park and Natural Area that sits in
Orange County equals $20,000 and the value of improvements made in Durham County
equals $10,000, then Durham County will reimburse Orange County the amount of
$5,000.)
Costs of Future Improvements. The counties agree that they could choose to share
equally in the value of future improvements to the Park and Natural Area, could share the
value of improvements using a different cost sharing agreement, or either county could
choose to fund additional improvements to be located in either county's respective
jurisdiction as long as said improvements are consistent with the adopted Master Plan.
4. Grant Funds. The Parties acknowledge that grant funding may be awarded to Durham
County or Orange County for the development of the Park and Natural Area. Either
county may administer said grants on behalf of and for the joint benefit of both counties.
V. Site Operations
1. Operation and Management. Orange County and Durham County shall be the parties to
operate and maintain this Park and Natural Area.
2. Operation and Maintenance. Orange County will be responsible for the operation and
maintenance of the grounds and facilities on the portions of the Park and Natural Area
located on the west side of Pickett Road in accordance with the jointly- approved
Management Plan discussed in Section II.3. of this Agreement. Durham County will be
responsible for the operation and maintenance of the grounds and facilities on the
portions of the Park and Natural Area located on the east side of Pickett Road in
accordance with the jointly- approved Management Plan. Orange and Durham county
staff will provide guidance and assistance as needed for maintaining portions of the Park
and Natural Area located outside of their respective county jurisdiction. Orange and
Durham county staff shall do and perform any and all things reasonably necessary for the
pleasure, comfort, service and convenience of those who use the Park and Natural Area,
as well as to protect and preserve the natural resources and facilities within the Park and
Natural Area.
2. Insurance. Orange County and Durham County will each be responsible for obtaining its
own property insurance. The cost of liability insurance maintained by either party, if any,
shall not be shared. [Need to ask the county attorneys whether we should also include
indemnity provisions here or someplace else in this Agreement.]
Draft 3 - Interlocal Agreement — Hollow Rock Park and Natural Area 4 of 8
7
3. Security and Public Safety. Orange County and Durham County shall coordinate their
efforts in providing for safety and security of users of the Park and Natural Area, county
staff, and adjacent landowners in the most effective and efficient manner possible.
Orange County and Durham County agree to enter into a mutual aid agreement providing
for response to fire and emergency medical services.
VI. General Provisions.
Relationship of the Parties. Durham County, Orange County, and Chapel Hill shall not
have the power to bind or obligate the other parties.
2. Appointment of Personnel. The Parties' respective Manager shall designate the persons
to carry out the obligations of that party under this Agreement.
3. Governing Law. This Agreement shall be governed by and in accordance with the laws
of the State of North Carolina.
4. Term. The term of this agreement shall be from the date first written above and shall
terminate three (3) years from the date set forth above, unless otherwise terminated or
extended upon mutual agreement of all parties, which agreement shall be made in writing
and executed with the same formality as this Agreement. Notwithstanding the foregoing,
any one party may terminate its participation under this Agreement by providing written
notice to the other Parties so long as the terminating party has no executable obligations
remaining hereunder following the effective date of termination.
5. Amendments. This Agreement may be amended at any time by execution by the Parties
of a written agreement.
6. Entire Agreement. This Agreement together with the agreements referenced in this
Agreement, shall constitute the entire understanding between the Parties and shall
supersede all prior understandings and agreements relating to the subject matter hereof
and may be amended only by written mutual agreement of the Parties.
7. Headings. The subject headings of the paragraphs are included for purposes of
convenience only and shall not affect the construction or interpretation of any of its
provisions. This Agreement shall be deemed to have been drafted by the Parties and no
purposes of interpretation shall be made to the contrary.
8. Communications. All communications regarding problems or special needs for the
operation or maintenance of the Park and Natural Area shall be made to or include the
Director of the Orange County Department of Environment, Agriculture, Parks and
Recreation and the Open Space and Real Estate Manager in the Durham County
Engineering and Environmental Services Department.
Draft 3 - Interlocal Agreement — Hollow Rock Park and Natural Area 5 of 8
INTERLOCAL COOPERATION AGREEMENT FOR THE DEVELOPMENT AND
OPERATION OF THE HOLLOW ROCK PORTION OF THE NEW HOPE CREEK PRESERVE
BETWEEN DURHAM COUNTY, ORANGE COUNTY, AND TOWN OF CHAPEL HILL
IN WITNESS WHEREOF, the parties hereto have authorized this Agreement to be
executed by their undersigned officers, to be effective from and after the date first written above.
SIGNATURE BY DURHAM COUNTY:
ATTEST:
V. Michelle Parker -Evans
Clerk to the Board
FOR DURHAM COUNTY
Michael D. Page, Chairman
Durham County Board of Commissioners
This instrument has been pre- audited in the manner required
by the Local Government Budget and Fiscal Control Act.
Durham County Finance Officer
Draft 3 - Interlocal Agreement — Hollow Rock Park and Natural Area 6 of 8
9
INTERLOCAL COOPERATION AGREEMENT FOR THE DEVELOPMENT AND
OPERATION OF THE HOLLOW ROCK PORTION OF THE NEW HOPE CREEK PRESERVE
BETWEEN DURHAM COUNTY, ORANGE COUNTY, AND TOWN OF CHAPEL HILL
SIGNATURE BY ORANGE COUNTY:
ATTEST:
Donna S. Baker
Clerk to the Board
FOR ORANGE COUNTY
Earl McKee, Chair
Orange County Board of Commissioners
This instrument has been pre- audited in the manner required
by the Local Government Budget and Fiscal Control Act.
Orange County Finance Officer
Draft 3 - Interlocal Agreement — Hollow Rock Park and Natural Area 7 of 8
10
INTERLOCAL COOPERATION AGREEMENT FOR THE DEVELOPMENT AND
OPERATION OF THE HOLLOW ROCK PORTION OF THE NEW HOPE CREEK PRESERVE
BETWEEN DURHAM COUNTY, ORANGE COUNTY, AND TOWN OF CHAPEL HILL
SIGNATURE BY TOWN OF CHAPEL HILL:
FOR TOWN OF CHAPEL HILL
ATTEST:
Jeff DeLuca, Mayoral Aide Mark Kleinschmidt, Mayor
Town of Chapel Hill
This instrument has been pre- audited in the manner required
by the Local Government Budget and Fiscal Control Act.
Town of Chapel Hill Finance Officer
Draft 3 - Interlocal Agreement — Hollow Rock Park and Natural Area 8 of 8
Attachment 2
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Exhibit A
Hollow Rock
Park
and Natural Area
Ownership
Map
Orange
Durham Chapel Hill
label
A -B -C
Ownership
Total
[A]
[ 6 j [ C) 0
250 500 Feet
Durham;Dran e -Duke Property
43.00
11.26
29]4 2
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Orange County Duke tract
7
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23
23
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Orange Count -TLC tract
2
2
75.004
43.264
29.74
2
Attachment 3
Phase I Site Plan (RTP Grant funded) '
Hollow Rock Park
and Natural Area
j
Phase 1 - Pickett Road Remains Open
/f
/ P¢rkin9 Area - \
Phase 1
— Rasfroom .kJ
Relecalad Driveway f.1 /- -Picnic
'Enlance
N Ezicting Drlva y J/
A Entrance C1 ... d . Kiosk ana BN—,. ks
f / / /// Grass OverR¢w N¢I eNewing
Perking 1-11 ck
Poaalbl. alto /or
/ A relocated Nollow
/ n Rock elore
IADA LOOP Taall
® 1113 Mllol
100 50 0 100 Plah¢rPr'P¢rry. Q I
3/04/2009
Rev Trails 10/17/2012
Meetlow anterpretivo Slgnage
long Tall
LEGEND EaI¢t^ng eamrsh¢a
P¢ta lal Etluc011Onal � i
POSSIBLE ACCESS_POINT o id —Cl —re
f} EXISTING BENCH LOCATIONS Possible Trail connection [O�
the MIII Site and Duke Toile
Y`c PROPOSED BENCH LOCATIONS
(TO BE FIELD LOCATED) Hanging i InlormetlOn Klosk
Rock C
PROPOSED BIRD WATCHING PLATFORM
(TO BE FIELD LOCATED)
STREAM CENTERLINE
-- - - - - -- STREAM BUFFER LIMIT
EXISTING TRAIL aka
PROPOSED TRAIL (TO BE FIELD LOCATED) - y[
PROPOSED ADA SLOPE ACCESSIBLE 4
TRAIL (TO BE FIELD LOCATED) r
� 8
1tl- iPMlMI
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icketl Road
Phaso 1 - Pickotl Rd Open
V
-NO parking to be providod
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Attachment 4
Exhibit C
Phasing Plan for Hollow Rock Park and Natural Area
Phase la- Infrastructure, amenities, and site work already completed or
allowable under RTP Grant.
• Additional Survey work - Cultural & Archaeological (Completed)
• Land Acquisition (TLC Parcel in Orange County) (Completed)
• Bridge Engineering Design Work
• Parking Lot Preliminary Design Work (Site Plan, Engineering, Approvals, Topo Survey and
Soil Borings)
• Entrance Driveway and Parking(Gravel /HC Paved /Wheel Stops)
• Entrance and Directional Signage
• Nature Trail Pedestrian Bridges (4) on east side of Pickett Rd.
Phase lb - Additional Amenities
• Site Amenities - Picnic Tables, Waste /Recycling Receptacles, and Dog Waste Receptacles
• Interpretative Signage
• Restroom (vault type) and engineering
• Platform Overlooks for nature observation
• Nature Trail Bridges (2) on west side of Pickett Road
• Barn Renovation for Educational Use
• Accessible trail loop
Phase 2
• Additional Survey work - Cultural & Archaeological and/or Topographic
• Hollow Rock Store relocation ((Friends of Hollow Rock Store is lead)
If Pickett Road is closed:
• Entrance Gate
• Parking (Gravel /HC paved /Wheel Stops)
• Top -dress gravel - Pickett Road
• New Entrance Sign /Directional Signage