HomeMy WebLinkAboutAgenda - 12-07-2015 - 6-g - Memorandum of Agreement Renewal – Fairview Park 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 7, 2015
Action Agenda
Item No. 6-g
SUBJECT: Memorandum of Agreement Renewal — Fairview Park
DEPARTMENT: County Manager, DEAPR PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Current MOA — Strikethrough Travis Myren, 245-2300
New Draft MOA — Clean David Stancil, 245-2510
Map of Fairview Park
PURPOSE: To consider renewal, with minor changes, of a Memorandum of Agreement
between the County and Town of Hillsborough for Fairview Park Operations and
Responsibilities.
BACKGROUND: Fairview Park was constructed and opened in 2011. The park was built on
land owned by the County and Town of Hillsborough (now owned by the County). A
Memorandum of Agreement (MOA) was developed and approved by the County and Town
Boards of Commissioners in December 2010 to govern certain operations and responsibilities
for the park. This agreement expires on December 31, 2015, but anticipates renewal by the
parties.
A revised MOA has been developed by County and Town staff, including representatives from
the Sheriff's Department and the Town Police Department regarding coordination on public
safety provision at the park. The new MOA continues the prior collaborative arrangement
between the two departments. The Town also will continue to provide water and sewer service
to the park, and handle opening and closing of gates to the park.
The new agreement would continue this arrangement through the year 2020, and be renewable
by the parties. The Hillsborough Board of Commissioners will consider this MOA on December
14, 2015.
FINANCIAL IMPACT: There is no financial impact associated with the approval of the MOA, as
it continues current operational and financial arrangements.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this agenda item:
• GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND
INEQUITY
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The fair treatment and meaningful involvement of all people regardless of race or color;
religious or philosophical beliefs; sex, gender or sexual orientation; national origin or
ethnic background; age; military service; disability; and familial, residential or economic
status.
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse and domestic violence.
Fairview Park offers recreational and healthy lifestyle opportunities for the Fairview community,
and programs and recreational activities are offered which provide team and individual athletic
activity and exercise options. Fairview Park also helps provide for a safe community by offering
opportunities for healthy outdoor activity in a park setting for area children, reducing the risk of
vehicles/traffic accidents by play in streets and gang activity, among other positive impacts.
RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the
Chair to sign the revised MOA for Fairview Park.
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I ..II 1 II l:
MEMORANDUM OF INTERLOCAL AGREEMENT
ORANGE COUNTY, NC
TOWN OF HILLSBOROUGH, NC
REGARDING FAIRVIEW PARK OPERATIONS AND RESPONSIBILITIES
THIS AGREEMENT, made and entered into between the Town of Hillsborough,
North Carolina, a North Carolina municipal corporation, 101 East Orange Street,
Hillsborough, NC 27278 (hereinafter referred to as the "Town"); and Orange
County, a body politic and corporate, a political subdivision of the State of North
Carolina, 200 South Cameron Street, Hillsborough, NC 27278 (hereinafter
referred to as the "County"), for the joint and/or assigned operations and
responsibilities of Fairview Park, located in Hillsborough, NC.
WITNESSETH
WHEREAS, the parties to this agreement are public bodies, politic and corporate,
under the laws of the State of North Carolina and are vested with the power and
authority to own and improve real estate for recreational and other public
purposes; and
WHEREAS, the Fairview neighborhood of the Town of Hillsborough adjoins a
designated park site that was identified as part of the Community Revitalization
effort funded through Community Development Block Grants in the 1980s, and
identified in both the County and Town Comprehensive Plans; and
WHEREAS, the 2001 Orange County Parks and Open Space Bond included
funding for planning and construction of Fairview Park; and
WHEREAS, the Town and County both own property within the said Fairview
Park site (hereinafter "Fairview Park"), and the Town's corporate limits abut the
site on three sides; and
WHEREAS, the County and Town recognized the mutual benefit and interest of
the parties hereto, and to the public generally, in the construction of park facilities
on Town and County owned property for Fairview Park, with the Town agreeing
to donate its land toward this purpose; and
WHEREAS, the Town and County entered into a Memorandum of Agreement in
2004 regarding use of both Town and County lands together for Fairview Park,
and a process for creating a master plan for the park, as shown as Attachment 1
to this Agreement; and
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i ..II I II is
WHEREAS, it is recognized by both parties that there are limitations imposed by
safety considerations caused by the site's previous use for waste-disposal
purposes, as addressed in part by a geo-technical report ("Report of
Geotechnical Evaluation, Closed Hillsborough Landfill Site, July 19, 2000") that
have affected the potential locations within the site for a park; and
WHEREAS, a Fairview Park Master Plan was created by a committee of County
and Town representatives in 2006 and was subsequently adopted by both the
Town and County Boards of Commissioners; and
WHEREAS, the County and Town jointly applied for and received grant funding
for park construction from the N.C. Parks and Recreation Trust Fund in 2009;
and
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NOW, THEREFORE, in consideration of the foregoing and on mutual promises
and obligations set forth herein, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
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2. TOWN CONTRIBUTIONS TO OPERATING EXPENSES
a. The Town will provide for water and sewer service at no cost to the
park restrooms, picnic shelter and water fountains.
b. The Town will be responsible for the opening and closing of any
gate to the park, if such is deemed necessary, on a mutually-
agreeable schedule and at the Town's discretion.
3. PUBLIC SAFETY COVERAGE FOR THE PARK
a. The Orange County Sheriff's Department will be the initial primary
provider, with the Town Police Department supporting and assisting
in this i review capacity. response to
calls in the park and make adjustments to responsibilities as
needed and 'prudentIdsl].
4. AMENDMENTS
This Agreement may be amended by mutual written consent of the Town and
County. The Agreement will be reviewed at least once every five years for
needed changes and updates.
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i ..II I II is
Any future improvements to the Park after the date of this agreement will be
considered by both the Town and County.
5. TERM
This Agreement shall terminate upon mutual agreement of the Town and
County Boards of Commissioners- or on December 31, 202045. The parties
commit to review and consider renewal of the Agreement on or before
December 31, 2020„4 . This agreement is renewable with mutual agreement
of the two governing bodies.
6. GOVERNMENTAL APPROVALS
This Agreement is subject to the review and approval of the Town and County
Boards of Commissioners.
7. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the parties hereto.
day of QGte eo 201 -
This, the .�.� .ii........... Y ...... ................
Mayor, Town of Hillsborough
WITNESS-
Town Clerk
e... u
This, the �"t....h da of...... y �., -
Chair, Orange County Board of Commissioners
WITNESS-
Clerk to the Board
7
MEMORANDUM OF INTERLOCAL AGREEMENT
ORANGE COUNTY, NC
TOWN OF HILLSBOROUGH, NC
REGARDING FAIRVIEW PARK OPERATIONS AND RESPONSIBILITIES
THIS AGREEMENT, made and entered into between the Town of Hillsborough,
North Carolina, a North Carolina municipal corporation, 101 East Orange Street,
Hillsborough, NC 27278 (hereinafter referred to as the "Town"); and Orange
County, a body politic and corporate, a political subdivision of the State of North
Carolina, 200 South Cameron Street, Hillsborough, NC 27278 (hereinafter
referred to as the "County"), for the joint and/or assigned operations and
responsibilities of Fairview Park, located in Hillsborough, NC.
WITNESSETH
WHEREAS, the parties to this agreement are public bodies, politic and corporate,
under the laws of the State of North Carolina and are vested with the power and
authority to own and improve real estate for recreational and other public
purposes; and
WHEREAS, the Fairview neighborhood of the Town of Hillsborough adjoins a
designated park site that was identified as part of the Community Revitalization
effort funded through Community Development Block Grants in the 1980s, and
identified in both the County and Town Comprehensive Plans; and
WHEREAS, the 2001 Orange County Parks and Open Space Bond included
funding for planning and construction of Fairview Park; and
WHEREAS, the Town and County both own property within the said Fairview
Park site (hereinafter "Fairview Park"), and the Town's corporate limits abut the
site on three sides; and
WHEREAS, the County and Town recognized the mutual benefit and interest of
the parties hereto, and to the public generally, in the construction of park facilities
on Town and County owned property for Fairview Park, with the Town agreeing
to donate its land toward this purpose; and
WHEREAS, the Town and County entered into a Memorandum of Agreement in
2004 regarding use of both Town and County lands together for Fairview Park,
and a process for creating a master plan for the park, as shown as Attachment 1
to this Agreement; and
8
WHEREAS, it is recognized by both parties that there are limitations imposed by
safety considerations caused by the site's previous use for waste-disposal
purposes, as addressed in part by a geo-technical report ("Report of
Geotechnical Evaluation, Closed Hillsborough Landfill Site, July 19, 2000") that
have affected the potential locations within the site for a park; and
WHEREAS, a Fairview Park Master Plan was created by a committee of County
and Town representatives in 2006 and was subsequently adopted by both the
Town and County Boards of Commissioners; and
WHEREAS, the County and Town jointly applied for and received grant funding
for park construction from the N.C. Parks and Recreation Trust Fund in 2009;
and
WHEREAS, Fairview Park was constructed in 2010, with a signed interlocal
agreement dated November 16, 2010 to address needed property exchanges for
public safety and liability concerns, Town contributions to park operations and
potential annexation into the Town of Hillsborough, among other matters; and
WHEREAS the parties wish to continue certain arrangements regarding the
operation and responsibilities of the park:
NOW, THEREFORE, in consideration of the foregoing and on mutual promises
and obligations set forth herein, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. TOWN CONTRIBUTIONS TO OPERATING EXPENSES
a. The Town will provide for water and sewer service at no cost to the
park restrooms, picnic shelter and water fountains.
b. The Town will be responsible for the opening and closing of any
gate to the park, if such is deemed necessary, on a mutually-
agreeable schedule and at the Town's discretion.
2. PUBLIC SAFETY COVERAGE FOR THE PARK
a. The Orange County Sheriff's Department will be the initial primary
provider, with the Town Police Department supporting and assisting
in this capacity. The Town and County public safety providers will
continue to review response to calls in the park and make
adjustments to responsibilities as needed and prudent.
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3. AMENDMENTS
This Agreement may be amended by mutual written consent of the Town and
County. The Agreement will be reviewed at least once every five years for
needed changes and updates.
Any future improvements to the Park after the date of this agreement will be
considered by both the Town and County.
4. TERM
This Agreement shall terminate upon mutual agreement of the Town and
County Boards of Commissioners; or on December 31, 2020. The parties
commit to review and consider renewal of the Agreement on or before
December 31, 2020. This agreement is renewable with mutual agreement of
the two governing bodies.
5. GOVERNMENTAL APPROVALS
This Agreement is subject to the review and approval of the Town and County
Boards of Commissioners.
6. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the parties hereto.
This, the day of , 2015:
Mayor, Town of Hillsborough
WITNESS:
Town Clerk
This, the 7th day of December, 2015:
Chair, Orange County Board of Commissioners
WITNESS:
Clerk to the Board
ESIDE TIAL — I \
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RESIDENT L
RESIDENTIAL
Jnt2rmlttent -.
Stream
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Site
Former Dump Site I Ball Field
Open Meadow Area
Future Communlry
Center Location � RESIDENTIAL
Typ.Stream Buffer
IntermlttentStream
ORANGE COUNTY
PUBLIC WORKS
D XIEA E. FACILITY
Educational Signage
RESIDENTIAL /
Playground
Swings
Parking Area '
Police Sub-Station with /
Exterior Restroom Facilites /
r
uuuuuuum Fo[ggf Storm
Debris Site
Open Meadow Area /
RESIDENyIAL
RESIDENTIAL / /
Typical Natural Trails 00 /
RESIDENTIAL
H MEM NT AVE
Possible Future COMPAERCIAL
2 Basketball Courts County Facility
\ Location
RESIDENTIAL \
1 Volleyball Court ured \
Ball Field ck
PER RD Future Extension of
70 NG 86 and NC 57
O Connector Drive to Hwy 86
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Intermittent Stream J
Typ.Stream Buffer
z Wooded Area \\
RESIDENTIAL
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m Park Sig
s� Park Entrance RESIDENTIAL
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ARESIDENTIAL \
Fairview Park q
Towtt
�� Phase 1
Hlls Site Plan
Orange County and the Town of Hillsborough, NC Orange County
North Carolina
October 2010*