HomeMy WebLinkAboutAgenda - 12-04-2006-5lORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 4, 2006
Action Age~-
Item No.
SUBJECT: Amendment to Interlocal Agreement for Operating/Sharing Cost for the
Fairview Community Policing Center
DEPARTMENT: County Manager's Office PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
5/30/06 Letter from Mayor Tom Stevens Gwen Harvey, 245, 2300
10/9/00 Agreement Geof Gledhill, 732-2196
Proposed Amendment to Interlocal Pam Jones, 245-2650
Agreement
PURPOSE: To request approval of an amendment to the Interlocal Agreement for Operating
and Sharing of Cost for the Fairview Community Policing Center dated October 9, 2000, with
the County to release its dedicated space to the Town.
BACKGROUND: The Town of Hillsborough has requested that the County consider amending
its agreement so that the Town could make use of the office space at the Fairview Center
originally assigned for County purposes. Since the Town and County partnered on the facility
over six years ago, the Town's needs for the Community Policing Division have grown and the
County's need for its dedicated space -generally speaking, two offices. and a storage closet -
has been less routine and defined by community-based ventures or~special projects.
County staff believes it would not create an undue operational hardship on County operations to
release its dedicated space to serve growing neighborhood needs expressed by the Town. The
County would continue to enjoy access to the .common area/multi-purpose meeting space
through the Town's reservation system, as has been done in the past by Cooperative
Extension, Recreation and Parks, and other County departments.
Attached is an amendment to the Interlocal Agreement prepared by the Town Attorney and
amended by County Attorney Geof Gledhill (revisions noted in the amendment attachment in
strikethrough/underline format) that provides for the effective elimination of the County's cost
share for the annual debt services (36% based on space usage), the annual housekeeping,
applicable utilities, and general building maintenance (30%), and the pro-rata share of annual
costs for liability, fire, and casualty insurance.
FINANCIAL IMPACT: Funds in the total amount of $3,600 were appropriated by the BOCC to
meet projected costs for this agreement in the current budget year. Historically, payments have
been made to the Town on the last day of each fiscal year for costs incurred.
RECOMMENDATION(S): The Manager recommends that the Board approve the amendment
revising the Interlocal Agreement for Operating/Sharing Cost for the Fairview Community
Policing Center and authorize the Chair to sign pending final review by staff and the County
Attorney.
Tom.
of
ills h
~~ z,~
S
May 30, 2006
®1994 Tovm al Hiils6orougn
Mr. Barry Jacobs, Chair
Orange County Commissioners
P.O. Box 8181
Hillsborough, NC 27278
~'YV-
Dear Chair ;acv , /~
Both the staffs and elected officials from our respective organizations have informally discussed the possibility
of working out an agreement where the Town of Hillsborough could acquire the office space in the Fairview
Community Policing Station currently assigned to Orange County. I would like your help to move forward with
this idea.
Orange County and the Town of Hillsborough partnered approximately six years ago to build the Fairview
Station to help address public safety concerns in this area. The County provided the land for the station while the
Town paid for design and building construction. Orange County has been making annual, payments to the Town
to repay the Town for a portion of the construction cost and ongoing building maintenance. The Town's
Community Policing Division quickly outgrew their space, primarily due to the success and number of on-site
programs that are offered to children in the surrounding area. The space in the facility assigned to Orange
County is likely not as conducive to providing services as was originally envisioned. Hence, the two Orange
County offices in the building have seen very limited use since the facility opened.
Being able to acquire these additional offices would provide a huge boost to the Town's Community Policing
Division's efforts to serve the neighborhood. Gaining this additional space to help the Police Department seems
to be especially important with the redevelopment efforts that are currently being pursued in the area (e.g., the
Habitat for Humanity Project, Fairview Park, and Highway 70 Corridor Re-development plans). If this idea is
something Orange County is interested in considering, the remaining debt service and maintenance payments
could be eliminated and (if necessary) the Town could reimburse Orange County for a portion of previous
payments could be a means to facilitate the transfer of office space.
If Orange County feels that it could give up the office space without causing any unnecessary hardships on its
operations, then the Town would be anxious to discuss developing a way to make this transfer happen. The
Town Board has already authorized our Town Manager to work with the Orange County staff to develop a
proposal for both Boards to consider, if this is an idea that the Orange County Commissioners are interested in
pursuing. I thank you in advance for your consideration of this important matter!
Let me take this additional opportunity to also thank you and the County Commissioners for your on-going help
and cooperation with the many joint efforts that our two governments are currently pursuing. Please don't ever
hesitate to contact me if there is anything that I can do to provide assistance in any way to Orange County.
Best regards,
Tom Stevens ~~-~~-..~`~'~j~+ ~
Mayor
- ; MAY ~ ~. ?.006
101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 2278
919-732-1270 Fax 919-644-2390 ~B~i'' -
.;
INTERLOCAL AGREEMENT
FOR OPERATING AND SHARING OF COST FOR
THE FAIRVIEW COMMUNITY POLICING CENTER
Purpose: To establish an agreement between the Town of Hillsborough and Orange County regarding the
basic operating and cost sharing methodologies for the construction and operation of the Fairview
Community Policing Center.
Preamble: The Fairview Community Policing Center project originally started out as an effort to locate a
police sub-station in the Fairview neighborhood. Community input in the process indicated a desire and
benefit to having the Town of Hillsborough and Orange County cooperate by locating the Town's
Community Policing Division at the facility, as well as making office space available so Orange County
Departments (e.g., Health, Social Services, Aging, etc.) would have the flexibility to establish satellite/part-
time hours at the same building. The Town of Hillsborough then coordinated design and planning for the
proposed facility with Orange County and the Fairview Block Captains. The result is a. cooperative
venture between Orange County and the Town of Hillsborough that is summarized in this agreement.
Term of. Agreement: This Agreement shall expire on June 30`i' next following the date on which. the
Town of Hillsborough makes the last debt payment of principle and interest on the indebtedness it will
incur to finance the cost to construct the building and other improvements, if any; on the property to be
provided by Orange County as contemplated by this Agreement. For example if the Installment- Purchase
agreement used to finance the building is for a ten (10) year period and the final payment is made in March
of .2010, then the Agreement expire on June 30, 2010. The Agreement and its provisions will
automatically renew each year thereafter, until the Agreement in amended in writing by each party. In any
event; the term of this Agreement shall be at least five (5) years so that the Agreement will expire no
sooner than June 30, 2006.
Town of Hillsborough Responsibilities:
• Pay for 100% of the design costs of the FCPC (Fairview Community Policing Center).
• Coordinate 100% of the construction administration associated with building the FCPC.
• Coordinate, secure, and administer the debt financing necessary to pay for the FCPC.
• Responsible for making the annual or semi-annual debt service payments for the building, then
invoicing Orange County annually for their share of the debt payments according to the cost-sharing
formula.
• Responsible for all water/sewer impact fee costs and monthly charges associated with the FCPC.
• Responsible for paying the electric, gas (if applicable), housekeeping, and general maintenance bills
associated with operation of the FCPC, then invoicing Orange County annually for their share of these
costs according to the cost-sharing formula.
• Responsible for all telecommunications-related costs for the Community Policing offices (e.g., phones,
phone bills, etc.). Note: The building will be wired for separate phone lines for the Town and County
offices, so each entity can be billed separately.
• The Town's cost-share for the annual debt-service payments is 64%. The Town will pay 64% of the
annual debt-service payments until this original debt on the FCPS is retired. Note #l: This figure is
based on a formula based on usage of space. Note #2: The Town and County Boards will each have
to approve the overall construction bid award and length of debt-service financing (e.g., ten years,
twelve years, etc.).
Page 2 Interlocal Agreement
4
Fairview Community Policing Center
• The Town's cost-share for the annual housekeeping, applicable utilities, and general maintenance of the
building will be 70%. Note: This figure is greater than the debt-service payment figure due to the
assumption that the Town will actually be a more intense user of the FCPC.
Orange County Responsibilities:
• Provide the land necessary to locate the FCPC in the Fairview Community Park. Orange County
agrees to cooperate with the Town and execute such documents as are necessary for the Town to
finance construction of the FCPC on the property, unless the County agrees to convey the land to.the
Town of Hillsborough in fee simple.
• Consider allowing a voluntary annexation of the property that the FCPC will be located, so the
Hillsborough Police Department will have full law enforcement authority on the premises.
• Responsible far all telecommunications-related costs for the Orange County offices (e.g., phones,
phone bills, etc.). Note: The building will be wired for separate phone lines for the Town and County
offices, so each entity can be billed separately.
• The County's cost-share for the annual debt-service payments is 36%. The County will pay 36% of the
annual debt-service payments until this original debt on the FCPS is retired. Note #1: This figure is
based on a formula based on usage of space. Note #2: The Town and County Boards will each have
to approve the overall construction bid award and length of debt-service financing (e.g., ten years,
twelve years, etc.).
• The County's cost-share for the annual housekeeping, applicable utilities, and general maintenance of
the building will be 30%. Note: This figure is lower than the debt-service payment figure due to the
assumption that the Town will actually be a more intense user of the FCPC.
Facility Management:
The .Captain of the Community Policing Division will act as the Facility Manager and will work with
representatives from each County department using the FCPC to coordinate and address any issues related
to the operations of the facility. Any issues or problems that cannot be worked out amongst the FCPC
users can be directed to the Hillsborough Town Manager and Orange County Manager (or their designees)
for mediation and final decisions. Major policy issues or changes in the Interlocal Agreement must be
approved by the Hillsborough Board of Commissioners and the Orange County Board of Commissioners.
Once the last debt service payment is made by the Town (and the County pays it's final portion of the last
payment) on the FCPC, the Town and County will re-evaluate and amend (if necessary) the Interlocal
Agreement for operating and cost-sharing procedures between the Town of Hillsborough and Orange
Caunty.
Insurance and Indemnification: The Town of Hillsborough shall maintain liability insurance policies and
fire and casualty insurance policies covering the premises, and bill Orange County for its pro-rata share of
these costs annually.
Page 3 - Interlocal Agreement
Fairview Community Policing Station
Entire Understanding; Modification: This Agreement contains the entire understanding of the
parties hereto with respect to the development and operation of the Fairview Community Policing
Center, and any modifications to this Agreement shall be made in writing signed by the Parties.
THIS AGREEMENT ENTERED INTO THIS ~ DAX OF !YG'f ~~ , 2000.
~.~
Mayor, Town of llsborough
Attes
own Clerk, Town of Hillsborough
~-,
Orange County Board of
Attest:
erk to the ge County Bo d of Commissioners
AMENDMENT TO INTERLOCAL AGREEMENT FOR OPERATING
AND SHARING OF COSTS FOR THE FAIRVIEW COMMUNITY
POLICING CENTER ENTERED INTO ON OCTOBER 9, 2000
WHEREAS, the Town of Hillsborough ("Hillsborough") and Orange County entered into
an Interlocal Agreement for Operating and Sharing of Costs for the Fairview Community Center
Policing Center (the "Interlocal Agreement"), which Interlocal Agreement is dated October 9,
2000; and
WHEREAS, that Interlocal Agreement requires Orange County to pay 36% of the annual
debt service payment for the building at the Fairview Community Policing Center, and to pay
30% of the annual housekeeping,- utilities and general maintenance costs for the building in
which the Fairview Community Policing Center is housed; and
WHEREAS, at the time that the original Interlocal Agreement was executed, it was
envisioned that Orange County would utilize the Fairview Community Policing Center with
sufficient frequency that its proportionate shares of the annual debt service payment and the
annual maintenance payment was reasonable; and
WHEREAS, the Town of Hillsborough's utilization of, and need to use, the facility. for
the Hillsborough Police Department's Community Policing Division and other related activities
have increased significantly since October 2000; and
W1~REAS, Orange County's use of the building at the Fairview Community Policing
Center has not been as extensive as originally anticipated; and
WHEREAS, the parties now desire to amend the original Interlocal Agreement for
Operating and Sharing of Costs for the Fairview Community Policing Center in light of the
above-described changed circumstances.
. ,,,~r,nrn~tTr..~u nr,~rmrm:rrr~rnn.rmrnTnrnr nn_nrrr~m:rr~rii ~~~n
Document in Microsoft: Internet ExplorerI==4L-isa~ranu~ee~ ^ ~~~~_ _~_.-~-r~z.-~8b-h#tV
Etas€-GIecI13iI1-glee
7
NOW, THEREFORE, it is agreed by and between the Town of Hillsborough and Orange
County, for the mutual promises herein, and other good and valuable consideration, as follows:
1. That Orange County shall no longer be responsible for ei~l~cir-(i) any percentage of
the annual debt service payment for the Fairview Community Policing Center, i(ii) any
percentage of the annual housekeeping, applicable utilities and general maintenance of the
Fairview Community Policing Center building, including its pro-rata share for annual insurance
and indemnification;~iiiLy telecommunications-related charges related to phone lines installed
for separate County use; and (ivy share of Town of Hillsborough costs for liability
casualty insurance policies related to the premises which are maintained by Hillsborough, which
insurance policies must continue to be maintained by Hillsborough.
2. Orange County releases to the Town of Hillsborough the "dedicated space" in the
Fairview Community Policing Center which heretofore had been dedicated to Orange County
use;
3. Orange County, may, from time to time, as it may deem necessary or appropriate,
reserve access to the common area/multi-purpose meeting space in the Fairview Community
Policing Center through Hillsborough's reservation system in the same manner and on the same
terms as other organizations and County Deparhrents reserve space there.
Except as amended by this Amended Agreement, the original Interlocal Agreement for
Operating and Sharing of Costs for the Fairview Community Policing Center shall remain in
effect.
This the _ day of December, 2006.
Document in Microsoft Internet ExplorerllL-istiler~ngeeae~ r~ n~,_ r~_~an ~n r.~,,,rr.,.,T , , ~-, ~ngg.~~,
f,c c~€-~de~l~i l1 ~ des
V
By:
ATTEST:
Town Clerk, Town of Hillsborough
TOWN OF HILLSBOROUGH
Tom Stevens, Mayor
ORANGE COUNTY
,~.,,.,.~, T.,^^~.~, Chaim
Orange County Board of Commissioners
ATTEST:
Clerk, Orange County Board of
Commissioners
ti.trnm~rrr..urnr.,rr.~rnr,rr.~r~r~rnrwr~rrnrnr~nr nn_nrrr~m:rTmir~~~ne~;~,
Document in Microsoft Internet ExplorerliaL-is~i\ert~nneee=~^ ~~-=Q=
frcHern-o,~a-~'t' ,'es