HomeMy WebLinkAboutAgenda - 06-02-2015 - 7a1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 2, 2015
Action Agenda
Item No. 7 -a
SUBJECT: Interlocal Agreement for the Hollow Rock Nature Park
DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y /N) No
Parks and Recreation
(DEAPR)
ATTACHMENTS:
INFORMATION CONTACT:
Interlocal Agreement with Land
Ownership Map (Exhibit A), Site Plan -
David Stancil, 919 - 245 -2510
Phase 1 a (Exhibit B), and Phasing
Rich Shaw, 919 - 245 -2514
Plan for Construction (Exhibit C)
John Roberts, 919 - 245 -2318
PURPOSE: To receive a revised draft interlocal agreement for the construction and operation
of the planned Hollow Rock Nature 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.
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 site will occur in the latter half of
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 lb construction in 2016 -17. A
phasing plan for development of the site is provided as Attachment 4.
DEAPR 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 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.
An initial draft agreement was presented to the Board on March 3, and the Board referred the
draft agreement to the Durham - Chapel Hill- Orange County Work Group ( DCHOWG) for
consideration on March 11. Since then DEAPR has worked closely with Durham County staff to
incorporate recommended edits from the DCHOWG as well as separate technical edits received
from Town of Chapel Hill, Durham County, and the Orange County Attorney.
The only non - technical issue of note is that the consensus of the DCHOWG was to change the
name of this site from the "Hollow Rock Access Area ", a placeholder name from the 1992 New
Hope Creek Master Plan, to the "Hollow Rock Nature Park ". The initial draft agreement that the
Board received on March 3 suggested the name change to "Hollow Rock Park and Natural
Area," but many reviewers of the document commented that name was too long and
cumbersome.
The revised interlocal agreement is ready to be reconsidered by the Board. The agreement was
approved by the Town of Chapel Hill on May 27 and is scheduled to be considered for approval
by Durham County on June 8.
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 Hollow Rock Nature Park will be made in
separate actions by the Board.
RECOMMENDATION(S): The Manager recommends that the Board approve the interlocal
agreement for the development and operation of the planned Hollow Rock Nature Park and
authorize the Chair to sign the agreement.
K
ID A FT 412 1/2 0 151
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 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.
WITNESSETH:
WHEREAS, the Parties own certain adjacent real property known collectively as the
Hollow Rock Access Area, (hereinafter referred to as "the Park "), 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 in order to assure that the Park 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 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 property; and
WHEREAS, Orange County, Durham County, and Chapel Hill have agreed to make
portions of the Park 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 consistent with the adopted master
plan and to the mutual benefit of residents of both counties during the term of this Agreement
and any subsequent extended term thereof, pursuant to N.C. Gen. Statute 160A -355, N.C. Gen.
Statute 160A -460 et seq., and other applicable law; and
Diiraft 4/21/201:5 - tnterlocal Agreement —Hollow Rock Nature Park 1 of 8
M
WHEREAS, although 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
WHEREAS, Durham County applied for and was awarded a NC Recreational Trails
Program grant in the amount of $200,000 towards the construction of the initial facilities and
amenities, with 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 residents 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:
L 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.
11. General
1. Site Name. The official name of the Park shall be "Hollow Rock Nature Park." Orange
County will install a prominent sign, consistent with Orange County zoning regulations, at
the Erwin Road entrance to the park.
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, 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, in
keeping with the Master Plan. 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.
Diiraft 4/21/20115 - Interlocal Agreement —Hollow Rock Nature Park 2 of 8
5. Ownership. The land shall continue to be owned as separate and individual parcels with
Orange County owning the approximately 43 acres located in Orange County, Durham
County owning approximately 32 acres located in Durham County, and Chapel Hill
owning approximately 2 acres located in Durham County. Unless agreed otherwise
between the parties, each governing body holding ownership shall be liable for and
maintain the property in a manner consistent with the Management Plan.
a) Conservation Easements. The Parties recognize that portions of the Park 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
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. 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 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 shall be open and available to the general public regardless of
race, gender, color, creed, age, disability, familial status, marital status, veteran status,
sexual orientation, gender identity or expression, 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 in accordance with the 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. The joint set of policies and regulations may be
amended from time to time by mutual agreement of Orange and Durham counties.
Diiraft 4/21/3013 - Interlocal Agreement — Hollow Rock Nature Park 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 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 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 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.)
3. Costs of Future Improvements. The counties agree that they could choose to share
equally in the cost of future improvements or share the costs using a different model.
Additionally, either county could choose to fund additional improvements to be located
exclusively in either county's respective jurisdiction as long as said improvements are
consistent with the 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. Either county may administer
said grants on behalf of or 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 the Park.
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 located on the west
side of Pickett Road in accordance with the Management Plan. Durham County will be
responsible for the operation and maintenance of the grounds and facilities on the
portions of the Park located on the east side of Pickett Road in accordance with the
Management Plan. Orange and Durham county staff will provide guidance and assistance
as needed for maintaining portions of the Park 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, as well as to protect and preserve the natural resources and facilities within the
Park.
2. Insurance. The Parties 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.
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, county staff, and adjacent
landowners in the most effective and efficient manner possible. Orange County and
Diiraft 4/21/201:5 - Interlocal Agreement —Hollow Rock Nature Park 4 of 8
7
Durham County agree to enter into a mutual aid agreement providing for response to fire
and emergency medical services.
VI. General Provisions.
1. Relationship of the Parties. Durham County, Orange County, and Chapel Hill shall not
have the power to bind or obligate each other in carrying out their respective obligations
under this Agreement, accept as expressively set forth herein or in any amendment
hereto.
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 initial 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 the Parties, which agreement shall be made in
writing and executed with the same formality as this Agreement. Future extensions of this
agreement shall be for a period of five (5) years, unless otherwise terminated or extended
upon mutual agreement of the Parties. 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 other documents 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 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.
Diiraft 5/55/55155 - tnterlocal Agreement —Hollow Rock Nature Park 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
Diiraft 4/21/2015 - Interlocal Agreement —Hollow Rock Nature Park 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
Diiraft 4/21/2015 - tnterlocal Agreement —Hollow Rock Nature Park 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:
ATTEST BY TOWN CLERK:
TOWN CLERK
TOWN SEAL
FOR TOWN OF CHAPEL HILL
Mark Kleinschmidt, Mayor
Town of Chapel Hill
Town Clerk attests date this the day of , 20
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
Diiraft 4/21/2015 - Interlocal Agreement —Hollow Rock Nature Park 8 of 8
FR
I
i
I
I
I
i
u
i
i
Duke Forest E
I
I
D
I
i
i
i
i
C F
i
i
BI
I
A
i
i
i
i
010
C 'c
(Q L
0I�
I
I
I
I
I
I
I
I
Exhibit A
Hollow Rock Nature Park Ownership
0 250 500 Feet
I i I
Parcel(s)
Owner
A, B, C, D
Orange County
E
Durham County
F
Town of Chapel Hill
m
s
W
EXHIBIT B
Proposed Master Plan
Hollow Rock Access Area
at
New Hope Preserve
Phase 1 Pickett Road Opened
Phase 2 Pickett Road Closed
N
Hoo soo
4/23/20Uy �. MII Sh. +�a o�m r.ah 9ln
LEGEND .m.ao�w�u
ECISTI NG BENCH L0 cATI oNs p
CE IH CT. eF� ArED; °�s
ITOFAMIFN E°ENEI °>>� P T�RM
STREAM BUFFER LIMIT
WRk
o O
0
O
�I
h�
I
I a�
ILI
0
o a
o
0
O O
O o
o o o} [
�� � ❑ o
�� o o Q
13
Exhibit C
Phasing Plan for Hollow Rock Park
Phase 1a- Infrastructure, amenities, and site work already completed or
allowable under RTP Grant (2014 — 2015)
•
Additional Survey work - Cultural & Archaeological (Completed)
•
Land Acquisition (TLC Parcel by Orange County) (Completed)
•
Engineering Design Work for Pedestrian Bridges (4)
•
Preliminary Design Work for Parking Lot (Site Plan, Engineering, Approvals, Topo Survey)
•
Entrance Driveway and Parking (Gravel /HC Paved /Wheel Stops)
•
Entrance and Directional Signage
•
Pedestrian Bridges (4) for nature trails on east side of Pickett Road
•
Information kiosks and trail maps
•
Site clearing for future Hollow Rock Store
Phase 1 b - Additional Amenities (2016 — 2017)
•
Site Amenities - Picnic Tables, Waste /Recycling Receptacles, and Dog Waste Receptacles
•
Interpretative Signage
•
Restroom (vault type) and engineering
•
Platform Overlooks for nature observation
•
Pedestrian Bridges (2) for nature trails on west side of Pickett Road
•
Barn /stable Renovation for educational use
•
Accessible trail loop
Phase 2 (Timeframe TBD)
•
Additional Survey work - Cultural & Archaeological and /or Topographic
•
Hollow Rock Store relocation and upfit (by the Friends of Hollow Rock Store)
If Pickett
Road were ever closed:
•
Entrance Gates
•
Parking (Gravel /HC paved /Wheel Stops)
•
Top -dress gravel - Pickett Road
•
New Entrance Sign /Directional Signage