HomeMy WebLinkAboutAgenda 8-h - Request for Funding Assistance – Triangle Land Conservancy, and Approval of Budget Amendment #6-B 1
ORD-2019-006
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 7, 2019
Action Agenda
Item No. 8-h
SUBJECT: Request for Funding Assistance — Triangle Land Conservancy, and Approval of
Budget Amendment #6-B
DEPARTMENT: Environment, Agriculture, Parks
& Recreation (DEAPR)
ATTACHMENT(S): INFORMATION CONTACT:
1. Letter from Triangle Land David Stancil, 245-2510
Conservancy Kim Livingston, 245-2514
2. Location Map
3. Site Map
4. Orange County Grant Agreement
PURPOSE: To consider providing $109,260 in grant funding assistance to Triangle Land
Conservancy for the purchase of a 60-acre property adjoining Triangle Land Conservancy's
George and Julia Brumley Family Nature Preserve, and approve Budget Amendment #6-B.
BACKGROUND: Triangle Land Conservancy (TLC) is planning to purchase a 60-acre property
located on University Station Road just south of Old NC 10 adjacent to its 613-acre George and
Julia Brumley Family Nature Preserve (Eno Township). This property is owned by Buzzlitz, LLC
of Durham, and will become an expansion of the preserve.
The acquisition of this property by TLC will protect the existing forested buffer located
immediately adjacent to a tributary of Stony Creek that forms the border between the Buzzlitz
property and Brumley properties. Once the tributary leaves the property, it travels to Stony
Creek, which bisects TLC's Brumley Preserve, then enters the Lower Eno 1.8 miles
downstream. The entirely forested property also adds protection to the identified significant
natural heritage area (Stony Creek Spring) in the 487-acre Duke Forest just one mile west of the
property and adjacent to TLC's Brumley Preserve.
Acquisition of the Buzzlitz property adds to the potential for developing a 25-mile open space
corridor that would extend north from Jordan Lake to Eno River State Park, and offers
opportunities for developing trail and wildlife connections from the Brumley tract to Eno River
State Park.
The actual funds disbursement would not occur until TLC has procured all necessary funds for
the purchase of the property. A grant agreement addressing the terms of the funding is
attached.
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FINANCIAL IMPACT: TLC has a signed agreement with the property owner to purchase the
property for $739,260, which is $310,740 less than the most recent appraised value. The
landowner has agreed to donate at least $310,740 in land value for this project. Additional
project costs include survey, legal expenses and stewardship endowment funding, bringing the
total project cost to $1,067,700.
TLC was awarded $105,000 from the City of Raleigh through its Upper Neuse Clean Water
Initiative, and also received $325,000 from an anonymous donor. TLC is contributing $216,200
towards the purchase and is requesting $109,260 from Orange County to assist with the
acquisition.
If approved, County funding for the project would come from the Lands Legacy Fund
(approximately $2.59 million remaining).
With this allocation, approximately $2.48 million remains available in the Lands Legacy Capital
Project. The following Budget Amendment #6-B provides for the use of the above mentioned
funds, and amends the following Capital Project Ordinances:
Lands Legacy Capital Project (-$109,260) - Project#20011
Revenues for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Alternative Financing $2,749,117 ($109,260) $2,639,857
From General Fund $42,697 $0 $42,697
Donations $1,000 $0 $1,000
Appropriated Fund Balance $9,337 $0 $9,337
Total Project Funding $2,802,151 ($109,260) $2,692,891
Appropriated for this project:
Current FY FY 2018-19 FY 2018-19
2018-19 Amendment Revised
Lands Legacy Program $2,802,151 ($109,260) $2,692,891
Total Costs $2,802,151 ($109,260) $2,692,891
Conservation Easements Capital Project ($109,260) - Project# 20006
Revenues for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Alternative Financing $2,342,987 $109,260 $2,452,247
From General Fund $696,521 $0 $696,521
Donations $1,020 $0 $1,020
NC Agriculture Development $135,480 $0 $135,480
Grant
Eno River Association $252,843 $0 $252,843
Upper Neuse Clean Water
Initiative $54,000 $0 $54,000
NC Conservation Reserve
$18,800 $0 $18,800
Program
Contribution from Hillsborough $6,157 $0 $6,157
USDA Farmland Protection $1,936,000 $0 $1,936,000
Total Project Funding $5,443,808 $109,260 $5,553,068
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Appropriated for this project:
Current FY FY 2018-19 FY 2018-19
2018-19 Amendment Revised
Conservation Easements $5,443,808 $109,260 $5,553,068
Total Costs $5,443,808 $109,260 $5,553,068
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact
associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board 1) provide the grant funds
of $109,260 for the purchase of the Buzzlitz property, contingent upon Triangle Land
Conservancy procuring all necessary funds to purchase the property, and approve Budget
Amendment #6-B; and 2) approve and authorize the Manager to sign the attached grant
agreement, subject to final review by the County Attorney.
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TRIANGLE LAND
CONSERVANCY
1.0 MAMA ,
February 15, 2019
Mr. David Stancil
Department Director DEAPR
306A Revere Road
Hillsborough, NC 27278
Via Email to dstancil@orangecountync.gov
Re: Buzzlitz Conservation Project Grant Request
Dear Mr. Stancil,
On behalf of the Triangle Land Conservancy (Hereafter TLC) I am writing to request funding
from Orange County in the amount of$109,260 to be used for the purchase by TLC of
approximately 60 acres of conservation land in the Stony Creek watershed. At the County's
option, TLC will convey a conservation or access easement on the property to the County in
exchange for this grant funding.
Project Status
• TLC has a signed agreement with the property owner to purchase the tract for $739,260,
which is $310,740 less than the most recent appraised value and $510,740 less than the
land owner believes the property to be worth. The landowner will donate at least
$310,740 in land value for the project. Additional project costs include survey and legal
expenses of$11,200 and stewardship endowment funding of$5,000, bringing the total
project cost to $1,067,700.
• TLC applied for funding for this project from the City of Raleigh through its Upper Neuse
Clean Water Initiative.
• Funding from Raleigh was approved by the Raleigh City Council in January 2019 in
the amount of$105,000.
■ TLC has been negotiating with this landowner for many years and has finally secured
an agreement to purchase the property. TLC is aided in this effort with an
anonymous contribution of$325,000 specifically to purchase this property.
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Funding Summary
Budget
Watershed Triangle TLC
Protection Land Orange Fundraising/Catalyst
Program Conservancy County Landowner Fund Total
Land/Easement Value $105,000 $325,000 $109,260 $310,740 $200,000 $1,050,000
Appraisal and Due
Diligence $0 $0 $0 $1,500 $0 $1,500
Survey $0 $5,000 $0 $0 $0 $5,000
Legal and Closing $0 $6,200 $0 $0 $0 $6,200
Stewardship $0 $5,000 $0 $0 $0 $5,000
Total Cost $105,000 $341,200 $109,260 $312,240 $200,000 $1,067,700
Raleigh Funds Requested $105,000 $105,000
Match Provided $341,200 $109,260 $312,240 $200,000 $962,700
% of Total Cost 10% 32.0% 10.2% 29.2% 18.7% 100.0%
Acres 60
Cost/acre $1,750 $5,687 $1,821 $5,204 $3,333 $17,795
Stream Feet 3,830
Cost/stream foot $27.42 $89.09 $28.53 $81.52 $52.22 $278.77
MATCH MATCH MATCH MATCH
Project Significance
This project proposes funding for purchase of a 60 acre Buzzlitz property in Orange County,
including 5,896 linear feet of stream and 33 acres of riparian buffer zone in a Class IV water
supply watershed. The tract's water quality protection value, natural communities, location,
and connectivity distinguish it as a critical conservation site in the Triangle Area.
The Buzzlitz property adjoins TLC's 613 acre Brumley Forest property (acquired with CWMTF
and UNCWI participation in 2010) and contains over 5,896 linear feet of stream in the Upper
Neuse River Basin. This would be another step to protect an unnamed tributary of Stony Creek
that forms the border between the Buzzlitz and Brumley properties. Once the tributary leaves
the Buzzlitz property, it travels to Stony Creek, which bisects TLC's Brumley property. Stony
Creek, upon leaving the Brumley property, travels 1.8 miles before entering the lower Eno
River, which flows directly into Falls Lake. This watershed has been designated as moderately
vulnerable to drinking water degradation and this additional riparian buffer protection will help
protect critical drinking water resources by filling in some of the remaining unprotected gaps in
the stream system.
The parcel has been identified as a high priority for protection by the water quality model
developed through the Upper Neuse Clean Water Initiative. The 60 acre tract's model ranking is
5.09. However, the UNCWI water quality model does not factor in three streams that run
through the Buzzlitz property that have been observed by TLC staff and recorded by a surveyor
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even though they are not denoted on the Neuse River GIS layer used to create the model.
They flow in an east-west direction into the unnamed tributary of Stony Creek and are denoted
on the attached aerial map.
Triangle Land Conservancy
TLC is a nationally accredited land trust which has protected more than 19,000 acres across our
six county service area. In Orange County, TLC owns and operates two open nature preserves
in Brumley Forest Nature Preserve and Johnston Mill Nature Preserve.
TLC and Orange County have collaborated on a number of conservation projects over the years
and hopes to continue this partnership into the future, including a public access easement that
Orange County owns at Brumley.
Please let me know if you have questions about this request or need additional information.
We appreciate consideration of funding for this project by the county and look forward to
continuing our productive working partnership.
Sincerely,
Sandy Sweitzer
Executive Director
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Major Streams Date: 3/20/2018 1 inch = 4,167 feet
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Lakes And Ponds — Streams Streets 1 inch = 333 feet Date: 3/20/2018
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ORANGE COUNTY GRANT AGREEMENT
THIS GRANT AGREEMENT("Agreement"),entered into this 18 day of Februaa 2019 ,by and
between Orange County ("County") and Trian le Land Conservancy_ ("Grant Recipient").
WHEREAS,County is a political subdivision of the State of North Carolina; and,
WHEREAS, Grant Recipient is a Noah Carolina not for profit corporation whose primary
mission is the conservation and preservation of natural areas and wildlife habitat; and,
WHEREAS,the Grant Recipient was selected to receive a grant to support the public purpose of
protection of permanent open s ace and an identified natural area contingent on receipt of remainin
necessary funds to purchase the property; and,
NOW THEREFORE,the County and the Grant Recipient,for the consideration and under the
conditions hereinafter set forth,agree as follows:
l. Approved Grant. Grant funds are provided for the project("Project") described in the Grant
Recipient's Grant Request("Application"),dated_February 15, 2019 and incorporated by
reference,subject to this Agreement,.
2. Grant Award. Grant funds in an amount of one hundred and nine thousand two hundred
and sixth_dollars($ 109 260 have been awarded by County and shall be released to the
Grant Recipient for the approved Project.The grant cannot be assigned or transferred without
prior written approval.
3. Responsibilities of the Grant Recipient
A. Implementation.The Project shall be implemented in the manner.described in the
Application.Time is of the essence in the implementation of the Project.
B. Use of Funds. Grant recipient shall not use the grant funds for any of the prohibited purposes
described in the Guidelines.The grant shall be utilized solely for its intended use,as detailed
in the Application.
4. Indemnity.The Grant Recipient agrees to indemnify and hold harmless the County its officers
and employees from any and all claims of actual injury,damage or loss to a person,or real or
personal property that results from or is in any way connected to the receipt and/or use and/or
expenditure of the grant funds.
5. Termination.
A. In the event of any of the circumstances set forth below(hereinafter referred to as"default"),
the County may immediately terminate this Agreement:
OC GenGA Jan 2017
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i. Any fraudulent representation on a material matter related to securing and utilizing
grant funds under this Agreement.
ii. Failure to satisfactorily comply with any provision of this Agreement or any term of
the Grant Application as determined by the County in its sole discretion.
iii. Failure to adhere to the terms of applicable county, state, or federal laws,regulations,
or stated public policy.
B. In the event of default by the Grant Recipient,the County has the discretion to elect to
terminate this Agreement, in whole or in part and/or require the Grant Recipient to repay the
grant funds within thirty(30)days from written notice or allow the Grant Recipient the
opportunity to cure the default.This clause shall not be interpreted to limit the County's
remedies in law or equity.
6. Miscellaneous.
A. Governin Law.This Agreement shall be interpreted and governed in accordance with the
laws of the State of North Carolina and Orange County. Grant Recipient shall at all times
remain in compliance with all applicable local,state,and federal laws,rules, and regulations
including butnot limited to all state and federal anti-discrimination laws,policies,rules and
regulations and the Orange County Anti-Discrimination Policy.Any violation of this
requirement is a breach of this Agreement and County may immediately terminate this
Agreement without further obligation on the part of the County.This paragraph is not
intended to limit the definition of breach to discrimination.By executing this agreement
Grant Recipient affirms that Grant Recipient and any subcontractors of Grant Recipient are
and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes. Where applicable,failure to maintain compliance with the requirements of Article 2
of Chapter 64 of the General Statutes constitutes a breach of this Agreement.By executing
this Agreement, Grant Recipient certifies that Grant Recipient has not been identified,and
has not utilized the services of any agent or subcontractor,on the Iran divestment list created
by the State Treasurer pursuant to G.S. 147-86.58.
B. Status.Nothing contained in this Agreement shall be construed to create the relationship of
principal and agent,or employer and employee,between Grant Recipient and County.Grant
Recipient understands and agrees that it is not authorized to incur any expenses or any
liability whatsoever on behalf of the County and has no authority,express or implied,to'
obligate or make representations on behalf of the County.
C. Entire Agreement and Signatures.The parties have read this Agreement and agree to be
bound by all of its terms, and further agree that it constitutes the complete and exclusive
Agreement between the parties unless and until modified in writing and signed by the parties.
This Agreement together with any amendments or modifications may be executed
electronically. All electronic signatures affixed hereto evidence the intent of the Parties to
comply with Article 11 A and Article 40 of North Carolina General Statute Chapter 66.
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OC GenGA Jan 2017
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IN WITNESS WHEREOF, the County and the Grant Recipient have signed this Agreement, effective
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on the first above recorded.
For and on behalf of the Grant Recipient
I�
Sand weitzer Exe ector
For and on behalf of Orange County Government
Bonnie Hammersley, Manager
OC GenGA Jan 2017
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