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HomeMy WebLinkAboutAgenda - 11-16-2004-5nORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 16, 2004 Action Agenda Item No. ~_ SUBJECT: Fairview Master Plan _ Memorandum of Agreement DEPARTMENT: County Attorney, County Manager, ERCD, Recreation and Parks PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1) Fairview Park MOA (adopted by Town of Hillsborough 11/8/04) INFORMATION CONTACT: Geof Gledhill, 732-2196 Gwen Harvey, 245-2300 David Stancil, 245-2590 Lori Taft, 245-2660 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: Ta consider for adoption a Memorandum of Agreement (MOA) between the County and Town of Hillsborough regarding the master planning and design of Fairview Park and associated land and facilities. BACKGROUND: On November 3`d, the Board considered the draft Memorandum of Agreement regarding Fairview Park, and asked that the draft be forwarded, with changes, to the Town of Hillsborough, to return after Town consideration and approval. The Board also authorized preliminary steps toward the design of Fairview Park, Phase 2, which are underway. On November 8`h, the Hillsborough Town Commissioners approved the draft MOA as forwarded by the County Attorney with Board changes incorporated. As requested, the MOA has been submitted for Board of County Commissioners approval. Generally, the MOA provides for mechanisms for the Town and County to work together to plan this site. The MOA separates out the future operation and maintenance issues for the park, to be addressed in a subsequent interlocal agreement between the Town and County, and focuses instead on the master planning and design far the park and Public Works properties. The MOA also notes that while the Master Plan would focus on potential new facilities for the park, it would also include for the Public Works parcel existing buildings, 2 general locations of proposed future buildings, including building footprints, and the location of infrastructure (parking, etc) that would serve the whole site. Following Board adoption of the MOA, members would be solicited for the Fairview Public Campus Master Plan Work Group, as reflected in the MOA. Appointments would be considered in January/February, along with adoption of a Preliminary Concept Plan for the site. The Master Plan design process is scheduled to begin in April. FINANCIAL IMPACT: There is no cost associated with the consideration of the MOA. The voter-approved 2001 Parks and Open Space band included $850,000 for development and construction of Phase Two of Fairview Park. Of the total, $200,000 is currently available, with the remainder scheduled for appropriation in FY 2005-06. RECOMMENDATION(S): The Manager recommends that the Board adopt the Memorandum of Agreement and authorize the Clerk's office to recruit Work Group volunteers. 3 Drag 10/25/04 STATE OF NORTH CAROLINA COUNTY OF ORANGE MEMORANDUM OF AGREEMENT TOWN OF HILLSBOROUGH COUNTY OF ORANGE REGARDING PLANNING FOR FAIRVIEW PARK, COiJNTY PARKS OPERATIONS BASE AND TOWN AND COUNTY PUBLIC WORKS FACILITIES THIS AGREEMENT, made and entered into between the Town of Hillsborough, North Carolina, a North Carolina 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 Carolina, 200 South Cameron Street, Hillsborough, North Carolina 27278 (hereinafter referred to as the "County"), for the ,joint development of a park and public facility campus.. WHEREAS, the parties to this agreement are public bodies, politic and corporate, under the laws of the State of North Carolina; and WHEREAS, the pazties 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 tlrrough 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 plamring 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 pazties hereto, and to the public generally, in the construction of pazlc and community facilities on the 4 Drag 10/25/04 Fairview park site and other Town and 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 Geotechnical Evaluation, Closed Hillsborough Landfill Site, July 19, 2000") in 1999; and WHEREAS, the parties 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 having,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 pazk site, County Parks 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 Attaclunent 1). Together these pazcels represent approximately 92 acres and are 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 reconunendations 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: 5 Draft: 10/25/04 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: 1. A map of the Site with the design for the Fairview Parlc, 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 pazt by a geo-technical report prepared in 1999 ("Report of Geotechrrical Evaluation, Closed Hillsborough Landfill Site, July 19, 2000"). Further recommendations may be 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 he 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 Septenaber, 200.5 Draft 10/25/04 Final Steps: Once completed, the Master Plan will be submitted to both Boards of Commissioners for approvah 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 Connrtittee would be pr°ovirled jointly by Orange Co:atty and the Town of Hillsborough, including tl:e County and Town Managers (or their designees), Couzzty Open Space Design Specialist, County Recreation and Parks Management Director, County Environment and Resource Conservation Director, Town mrd Coznrty Plmuting Directors, Cour:ty and Town Engineers, Cozmty Purchasing Director, Coza:ty artd Town Public Works Directors, and 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 necessary 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 Parks 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: the roles and responsibilities of the park and facility construction process; Draft 10/25/04 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 maybe amended by mutual written agreement of the Town and County. 5. TERM This agreement shall terninate (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 necessary 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 necessary for any work undertaken pursuant to an approved Master Plan. The pazty responsible for this work shall be identified in a subsequent interlocal agreement. 7. ENTIRE AGREEMENTa This Agreement constitutes the entire Agreement of the parties hereto. 8 Draft 10/25/04 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 xst day of September, xxxx. TOWN OF HILLSBOROUGH Mayor Attest: Town Clerk Approved as to fornr and authorization: Town Attorney COUNTY OF ORANGE Chair Orange County Commissioners Attest: Donna Baker, Clerk to the Board Approved as to Forrn and authorization: County Attorney This Agreement has been pre-audited in the maimer required by the Local Government Budget and Fiscal Control Act.. Finance Director Isg:orangecounty\fairview moa-2 ti~rther rev by G8G t I-3-04 clean doe