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HomeMy WebLinkAboutAgenda - 02-17-2005-1a2~yi ~. ~ ~ ~. F ~1L ~I' STATE OF NORTH CAROLINA COUNTY OF ORANGE MEMORANDUM OF AGREEMENT TOWN OF HILLSBOROUGH COUNTY OF ORANGE REGARDING PLANNING FOR FAIRVIEW PARK, COUNTY PARKS OPERATIONS BASE AND TOWN AND COUNTY PUBLIC WORKS FACILITIES THIS AGREEMENT, made and entered into between the Town of Hillsborough, North Cazolina, a North Cazolina municipal corporation, 101 East Orange Street, Hillsborough, North Carolina 27278 (hereinafter referred to as the "Town"), and Orange County, a body politic and corporate, a political subdivision of the State of North Cazolina, 200 South Cameron Street, Hillsborough, North Cazolina 27278 (hereinafter referred to as the "County"), far the joint development of a park and public facility campus. WHEREAS, the pazties to this agreement are public bodies, politic and corporate, under the laws of the State of North Carolina; and WHEREAS, the parties aze vested with the power and authority to own and improve real estate for recreational and other public purposes; and WHEREAS, the Fairview area of Hillsborough has a designated park site (hereafter "the Fairview park site") that was established 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, limited facilities have been constructed at the Fairview park site, including a playground and playing field; and WHEREAS, the 2001 Park and Open Space Bond for Orange County included $850,000 for planning and construction of the Fairview park site; and WHEREAS, the Town and County both own property including and in the immediate vicinity of the Fairview park site, including the Orange County Public Works facility, totaling 92 acres; and WHEREAS, the Town and County recognize the mutual benefit and interest of the parties hereto, and to the public generally, in the construction of park and community facilities on the Fairview park site and other Town azrd County owned property in the vicinity of the Fairview park site; and WHEREAS, it is recognized by both parties that there are limitations imposed by safety considerations caused by the Fairview park site's previous use for waste-disposal purposes, as addressed in part by a geo-technical report ("Report of Geoteclmical Evaluation, Closed Hillsborough Landfill Site, .July 19, 2000") in 1999; and WHEREAS, the pazties recognize the mutual benefit in the County acting as the lead entity in the construction and financing of facilities at the Fairview park site (but not the Town's proposed Public Works facility), to be built with funds from the 2001 bond amount of $850,000; and WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract, for the ,joint design, construction, development and use of facilities for' the stated public purposes; and WHEREAS, the parties hereto agree to allow master planning for the future construction and use of all of the three properties identified on the map in Attachment 1 to be developed and programmed for public activity as one unit meeting mutual needs contingent on future approval of plans for the properties by the entity or entities Iraving,jurisdiction to approve such plans; and WHEREAS, the funding for any additional facilities or activity at the Fairview park site (beyond the $850,000 currently appropriated by the County for Phase II of the park) will be addressed by the County and Town in amutually-agreeable fashion at a later date: NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. PROCESS FOR PLANNING & DESIGN OF PARK, COUNTY PARKS OPERATIONS BASE AND TOWN AND COUNTY PUBLIC WORKS FACILITIES The process for planning and designing the Fairview park site, County Pazks Operations Base and Town and County Public Works facilities will encompass the land currently owned by both the Town and County in the immediate vicinity of the Fairview park site (as shown in the map in Attachment 1). Together these parcels represent approximately 92 acres and aze hereinafter collectively referred to as "the Site." The Planning for the Fairview Park and County Parks Operations Base will focus on the park, but will also consider and address, to the extent possible, the interests of both the Town and County to locate additional, facilities on the property, such as the County Parks Operations Base and Town and County Public Works facilities. The County and Town will appoint, as soon as practical, a Master Plan Committee to develop recommendations for the design and use of the Site. The Committee shall be appointed by approval of both County and Town Boards of Commissioners, and shall consist of the following charge and membership: A. CHARGE to the Master Plan Committee: Develop a Master Plan for the Site, within the framework of any operating guidelines or other instructions as offered by the elected Boards, to include the following: L A map of the Site with the design for the Fairview Park, including proposed buildings, playing fields, roads, parking, trails, other facilities, amenities, infrastructure locations, vegetative cover, hydrology and other components that are commonly included in a park or public facility concept plan. The map of the Site shall include existing and planned buildings of the County Parks Operations Base and the Town and County Public Works facilities. Planning of the County Parks Operations Base and the Town and County Public Works facilities is limited to the location of buildings, roads, parking and other infrastructure, 2. A written report outlining the proposed uses, the design rationale, description of work group process, natural and cultural features, means of soliciting community input, the potential future phases, and construction cost estimates. If needed, the report should also include a phasing plan, showing how the Fairview Park and other public facilities could be developed over time in acost-efficient fashion. The report should include a recommendation concerning which facilities should be constructed, utilizing the funds remaining from the $850,000 allocated for the project after the planning, design, and survey work (estimated to cost $200,000) have been completed, 3, The report should address and recognize the limitations imposed by safety considerations caused by the Fairview park site's previous use for waste-disposal, as addressed in part by a geo-technical report prepared in 1999 ("Report of Geotechnical Evaluation, Closed Hillsborough Landfill Site, .luly 19, 2000"), Further recommendations maybe needed to address phased remediation of portions of the Fairview park site. 4, The Master Plan should address co-location of existing and future public facilities and provide for a synergy and compatibility of uses between park functions and other public functions wherever possible. The rights of neighbors should be respected by buffering incompatible uses. 5. The Committee should review the "old" 1988 Fairview Park Concept Plan as part of the Master Plan and determine its validity, if any. 2. EXPECTATIONS OF MASTER PLAN FINAL PRODUCT /MEMBERSHIP OF MASTER PLAN COMMITTEE Product: A Master Plan report and map, as described above. Timeframe for Product: by September, 200.5 Final Steps: Once completed, the Master Plan will be subrnitted to both Boards of Commissioners for approval. The Boards may approve the Plan, remand it back for further work, identify revisions and alternatives, or decide not to pursue the Master Plan. Proposed Membership of Master Plan Committee: - 2 Orange County Commissioners - 2 Hillsborough Town Commissioners - 1 member, Hillsborough Parks and Recreation Commission - 1 member, Orange County Recreation and Parks Advisory Council - 6 community citizens Staff assistance to the Conm:ittee would be provided jointly by Orange County and tl:e Town of Hillsborough, inclaeding the County and Town Mmragers (or° their designees), County Open Space Design Specialist, County Recreation and Parks Management Director, County Environn:w:t and Resource Conservation Director, Town and County Planning Directors, County acrd Town Engineers, County Purchasing Director, County and Town Public Works Dir°ectors, acrd other staff members as shall be deemed necessary,. Operating principles for the Master Plan Committee should include the following: 1. The Committee should review and consider the 1988 Concept Plan and determine its validity and usefulness 2. The Committee should consider impacts on the County Parks Operations Base and the Town and County Public Works facilities in developing the Master Plan, incorporating these facilities into the scheme of the Master Plan as far as practical. 3. The Committee is asked to address and site the following as part of the Master Plan: - Active and low-impact recreation facilities - Provision of buffers for adjoining neighborhoods - Protection of sensitive natural resource lands - Reflect existing and proposed County Parks Operations Base and Public Works facilities and the infrastructure necessazy for' these facilities 4. The Committee should not address the following facilities as part of the Master Plan: - Orange County Public Works expansion or a Town of Hillsborough Public Works facility -beyond the Site infrastructure design and designating the areas for such activities on the Master Plan - County Pazks Operations Base -beyond the Site infrastructure design and designating the areas for such activities on the Master Plan 3 PROCESS FOR CONSTRUCTION OPERATION AND MAINTENANCE AND PROGRAMMING OF SITE The Master Plan Committee shall recommend the following with respect to a further interlocal agreement between the Town and County: 1. the roles and responsibilities of the park and facility construction process; 2. The roles and responsibilities for operation & maintenance of the park, including contributions for operation and maintenance; 3. The roles and responsibilities for programming of the park 4. If desired, mechanisms for' funding of additional facilities in Master Plan beyond the County's $850,000 for the park 5. Process for deciding how to embark on next phases, joint agreement, etc. 4. AMENDMENTS This agreement may be amended by mutual written agreement of the Town and County. 5. TERM This agreement shall terminate (a) upon the decision by the Boards of Commissioners of the Town and County on the Master Plan, adoption of a Town and County construction and operations interlocal agreement and the "sunsetting" of the Master Plan Committee, or (b) sixty (60) days after either party serves written notice on the other of its intention to terminate the agreement. 6. GOVERNMENTAL APPROVALS: Nothing in this Agreement shall be construed as waiving, modifying or granting any local government permits or approvals which may be necessazy for the development and/or construction of any facilities or improvements, nor shall it be construed as creating any additional permit or approval process beyond that provided in the applicable local land use regulations. It is contemplated that the County will be responsible for seeking and obtaining such local government approvals as may be necessazy for any work undertaken pursuant to an approved Master Plan. The party responsible for this work shall be identified in a subsequent interlocal agreement. 7. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement of the parties hereto. IN WITNESS WHEREOF, the parties to this Agreement have duly and validly approved it and caused it to be executed in their behalf by the undersigned agents. This, the 16th day of November, 2004. TOWN OF HILLSBOROUGH Mayor Attest: Town Clerk Approved as to form and authorization: Town Attorney COUNTY OF ORANGE Chair Orange County Commissioners Attest: Donna Baker, Clerk to the Board Approved as to Form and authorization: County Attorney This Agreement has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director Isg:omngecounty\fairview moa-2 further rev by GEG t I-3-04 clean doc