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HomeMy WebLinkAboutAgenda - 02-07-2001-10cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT . Meeting Date: February 7, 2001 Action Agenda Item No. 0 _ ,_ SUBJECT: Smith Middle School Use and Lease Agreements DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Proposed Development and Joint Use Agreement for Smith MS Fields Site Map 12/7/99 BOCC Policy on School/Park Funding INFORMATION CONTACT: John Link or Rod Visser, ext 2300 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To discuss issues related to proposed interlocal agreements that would govern the ownership, use, and funding of various aspects of buildings, fields, and grounds at the new mith Middle School. BACKGROUND: The Town of Carrboro, the Chapel Hill-Carrboro City Schools, and Orange County have been working for the past two years on arrangements for constructing, maintaining, and using athletic fields at the new R.D. and Euzelle Smith Middle School, scheduled to open this summer for the 2001-02 academic year. Adjacent to the existing campuses for Seawell Elementary and Chapel Hill High, the buildings and fields will be located on property that is owned and/or leased variously by CHCCS, the University of North Carolina, and the County. The Town and County have specifically engaged CHCCS to construct an additional playing field (designated as Field $b on the accompanying site map), primarily for soccer, beyond those fields that the school system would have constructed for the new middle school. The schools will have use of field 3b during designated periods (generally, through 4:00pm when school is in session). During periods of non-school use, Carrboro will coordinate programming for field 3b on behalf of the Town and County. The County and Town are also permitted use of certain other fields during periods of non-school use. The proposed development and use agreement calls for the County and Town to reimburse CHCCS $75,000 each for construction of field 3b, routine upkeep and maintenance for which will be provided in the future by CHCCS. The County and Town would also split the estimated costs of $83,000 in drainage improvements to the site required by Town of Carrboro ordinances. Carrboro and CHCCS have approved the proposed development and joint use agreement related to Smith Middle School athletic fields. The agreement is provided at this time for the Commissioners' review, comment,. and direction on any needed changes. Depending on the 2 discussion of any issues identified at this meeting, the agreement may be brought back for formal approval by the BOCC as early as the February 20 regular meeting. The County Attorney recently received a copy of a proposed agreement that would govern lease arrangements between CHCCS, UNC, and the County. The Attorney is in the process of reviewing that document, which is expected to be brought to the BOCC for approval sometime in the near future. FINANCIAL IMPACT: Construction of Smith Middle School is being financed by the County through general obligation bonds and school impact fees. At the meeting, staff will outline estimated costs for development and maintenance of athletic fields, in the context of the Board's policy for funding joint school/park projects that was adopted in December 1999. RECOMMENDATION(S): The Manager recommends that the Board receive the report as information and provide comment and direction to staff, as appropriate. No decisions are required at this February 7 meeting. 01/31/2001 10:58 9199187346 ZONING&INSPECTIONS PAGE 02 STATE OF NORTH CAROLINA DEVELOPMENT COUNTY OF ORANGE JOINT USE AGREE THIS. AGREEMENT, made and entered into by and between the To of Cwrboro, North Carolina, a North Carolina municipal corporation, 301 West Main Street, C boro, North Carolina 27510 (hereinafter referred to as the "Town"), the County of Orange, a North Carolina municipal corporation, 200 S. Cameron Street, Hillsborough, North Carolina 2727 (hereinafter referred to as the "County"), and the Chapel Hill-Canfboro City Board of Educa 'on, a school administrative unit under the laws of the State of North Carolina, Lincoln Center, 50 S. Merritt Mi11 Road, Chapel Hill, North Carolina 27516 (hereinafter referred to as . "Board of Education"), for the joint use and maintenance of facilities to be built by the Board of Education on property leased by the County, he referred to as the "R.D. and E 71e P. -Smith Middle School' (the "School Site'). VVHEREAS, the parties to this Agreement are public bodies, politic and corporate, under the laws of the State of North Carolina; and WHEREAS, the parties are vested with the power and authority to owl, and ' prove real estate for recreational and other public purposes; and WHEREAS, the Board of Education is in the process of finalizing pans for the construction of the Smith Middle School and appurtenant recreational fields on the School Site; and WHEREAS, the Board of Education, the County and the Town recognize there may be mutual benefits and cost savings associated with a cooperative effort to develop recreational facilities for shared use; and WHEREAS, the Board of Education, the County and the Town have consul d each other and have determined that their respective interests may be furthered if an additional recreational 3 E51/31/2001 10:58 9199187346 ZONING&INSPECTIONS field and related amenities for joint use are developed at the School Site the construction of the Smith Middle School; and WHEREAS, the Board of Education, the County and the Town have for additional public athletic fields, and particularly soccer fields, that can be governmental and private organizations to program and expand recreational area; and WHEREAS, the Board of Education, the County and the. Town agree that of the recreational fields and parking lots at the Chapel Hill High School, Seawel School and Smith Middle Schaalwould benefit the citizens of Carrboro and Orange WHEREAS, the laws of the State of North Carolina provide that the parties hereto and agree, each with the other, for the joint use of facilities for the stated public pur WHEREAS, in furtherance of the aforesaid, the parties hereto do propose to contr for a period of thirty (30) years, to jointly use and mutually operate rear appurtenant facilities all of which are to be constructed by the Board of School Site; and WHEREAS, the implementation of this. Agreement would fulfill Education„ County and Town needs, and be of significant mutual benefit to the and to the public generally; WHEREAS, it is understood by the parties that the land on which the PAGE 03 4 neously with zed the need available for mities in the nmunity use Elementary County; and nay contract oses; and ct and agree 1 fields and ttion on the al Board of rties hereto, ecific fields referred to herein are to be-locawd. is owned by the University of North Carolina 4 Chapel Hill and is State property, that the land on which the fields referred to herein are to' leased to the Orange County Commissioners for the specific purpose of providing ad for the School Site, and that all agreements between the parties will be subject to tt lease agreements and rights of the State of North Carolina and the University of Ni at Chapel Hill but in no event shall the County's and the Town's access to the located is :tional land underlying h Carolina occer field 11 01/31/2001 10:58 9199187346 ZONING&INSPECTIONS PAGE 04 identified as Field 3b in this Agreement, once constructed, be denied or limited d the term of this Agreement; and WHEREAS, the Board of Education has or expects to have control of land currently owned by the University of North Carolina at Chapel Hill which is to be leased the Orange County Commissioners for use by the Chapel Hill-Canboro City Schools, and has represented that the leasing arrangement has been approved by the Board of Trustees of the University of North Carolina at Chapel Hill and currently awaits approval by the Council of S ate, that the plan to construct new recreational and athletic fields on the property which will be he subject of the lease, and that the development of the fields referred to herein is specificall conditioned upon the final execution and approval of that lease by the Council of State, the niversity of North Carolina at Chapel Hill, the Orange County Commissioners, and the Chapel ' 1-Canrboro City Board of Education. 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. Construction of An Additional ReMeaIInnAl Mehl h. thp, Ro%avA ,f VAL.4:,.... The Board of Education plans to improve existing recreational and athletic fields aw[ to construct new fields at the Smith Middle School site. By this Agreement, the Board of Educal 'on agrees to construct an additional recreational field on a portion of the Smith Middle School site which is situated in the Town of Carrboro. The additional recreational field and the g location at the site of all planned fields are more particularly depicted as fields numbered 1; 3a, 3b, and 4 on the overall Site Plan annexed to this. Agreement as Schedule A. The additi nil field is specifically one of the two soccer fields and is identified on Schedule A as Field 3 Subject to and contingent on the Board of Education obtaining such governmental approvals, permits, and funding as may be required by applicable state and local laws and ordinances for the construction of the recreational fields, the recreational fields which are the subject of th? Agreement 01/31/2001 10:58 9199187346 ZONING&INSPECTIONS PAGE 05 (collectively referred to herein as the "Fields") am a softball/baseball field (Schell a A. Field 1), two soccer/practice fields (Schedule A, Fields 3a and 3b) and six (6) tennis courts (Schedule A, Field 4). It is the intention of the Board of Education to complete construction of the Fields and begin use thereof at the earliest possible time. In this connection, irrigation systems and sod are planned for installation on recreational Fields 1 and 3a. The Board of Education agrees to install an irrigation system and sod on Field 3b, the cost of such installation to be paid b the Board of Education, In consideration for these improvements, Field 3b will be available for use by the Board -of Education during all days that school is in session until the end of the gular school day. The parties agree that Field 3b shall be available for Town use commencing at 4:00 p.m. on days that school is in session. (a) Lights or Even' The parties hereto, either jointly or, if one of them decides to do so, independently, may purchase and install conduits and/or lights at any Field or Fields either during the initial field construction or anytime in the future. (b) -Miscellaneous 'tie The Board of Education will provide a backstop, dugout area and bench, and perimeter fence for the softballlbaseball field (Schedule A, Field 1), a scoreboard and two professional quality soccer goals for each of the soccer fields Schedule A. Fields 3a and 3b), sufficient bench space to seat two full soccer teams at each of the soccer fields (Schedule A, Fields 3a and 3b), a minimum of four (4) trash receptacl , and toilet facilities. The Board of Education will seek donations of an electronically operate scoreboard from a private third party. Provided, however, that if the Board of Education cane find such a third party to donate an electronically operated scoreboard, the Board of Educati o is under no obligation to provide an electronically operated scoreboard. 2. Payment of C and To Contributions - I Constructs oats. Upon the completion of the constriction work and installation of amenities described above 6 accordance with a Conditional Use Permit to be reviewed by the Town for this project, the Co?mty and the 6 d 01/31/2001 10:56 9199187346 ZONING&INSPECTIONS PAGE 06 Town will each pay to the Board of Education the sum of Seventy-Five Thousand ($75,000) Dollars, for a combined total contribution of one Hundred Fifty Thousand Dol s ($150,000), said sum to be applied to the cost of the construction of Field 3b by the Board of E 'on at the School Site. 3. Joint Use Of ational Fields: The Board of Education agrees Ihat the Town and the County shall have the right to use Field 3b at all times when school is n t in session. Additionally, the Town and the County may use Fields 1, 3a, and 4 when said Fie As are not in use by the Board of Education, in accordance with the Board of Education's genei &I policy and procedure for use of school facilities by non school entities in effect at the time of the proposed use of the Fields. The parties understand and agree that the Town and the Couzty will work together to coordinate prong of the use of the Fields when school is not it i session and that the Town will be the lead entity for programming such use and communic g with the Board of Education regarding the same. The Board of Education, the County and the Town will make the soccer fi ds available for use on a Fall weekend each year for a community festival for the Hispanic population, provided that the event be scheduled at least sixty (60) days in advance to allow for program planning by the Town, and the County. Minor alterations in the schedule for use of the Fields Use may be made; from time to time, by representatives of the parties without fo approval of the parties as long as such alterations and the name of the representative authorizing such alterations are documented in writing. 4. Utilities, aintenance and Upkeep The Board of Education shall be responsible for, and shall bear the full cosst of, upkeep and routine maintenance of the Fields, including sod and irrigation facilities. However, costs associated with extraordinary maintenance and repair of the portion of the irrig 'on system servicing Field 3b, including. labor, supplies and rrmaterials, shall be divided equally among the 7 t 01/31/2001 10:58 9199187346 ZCNINGUNSPECTIQNS PAGE 07 parties. The Board of Education will not undertake or contract for such extraordinary maintenance and repairs of Field 3b without the prior consent of the Town and the County. (a) As set forth in paragraph 1(a), the Town and the County, or either of them, may, at their own cost and expense, install and maintain lights at one or more of the Fiel is. The party or parties installing lights at the Field(s) shall be responsible for the maintenance and upkeep of the light system. The Board of Education may use the light system, provided that the Board of Education shall document its time of usage and, if the Board of Education uses th light system for more than ten (10) hours per year, the Board of Education shall contribute towird the annual maintenance and repair costs in proportion to its use of the lights. (b) Each party shall be responsible for its own lining or marking req ' ents. The parties agree to use only non-toxic and non-corrosive products for maintaining, ' or marling Field 3b, in accordance with the Town's Least Toxic Integrated Pest Management P licy. 5. Joint- Use -of J?Addn A--MR mg P d: The Board of Educa i n agrees that the public shall have use of the parking lots and recreational facilities at Chapel Hill High School, Smith Middle School and Seawell Elementary School. 6. Provision for Town Summer Q= or Similar Pr m=: The Fi?lds may be reserved for. a Town summer camp or Town programs, during the months of June, July and August, when school is not in session. Such reservation shall be made in writing b the Town to the Board of Education or its designee, on or before April 1 of the year in w proposes to conduct a camp or programs at the School Site. It is understood that require periods when activities will not be scheduled in order to provide rejuvenation. Reservation and use of fields will be scheduled accordingly. In the event the Board of Education determines' that the Smith Middle operated as a year round school, the Town and County may schedule i6h the Town Fields will for turf should be during the 8 intercessions of such year round school when the school is not in session. 01/31/2001 10:58 9199187346 ZONINGUNSPECTIONS PAGE 08 7. Av ' ability of Sadt MMiddlg ScbgW Site: The Town an the County understand that due to possible construction delays, the Smith Middle School site, including Fields 3b, may not be available for immediate use when the school opens asscheduled for the 2001-02 school year, and agree that any delay in use due to construction shall not constitute a breach of this Agreement. Provided, however, that such delay in use shall not ceed two (2) year from the date that the Smith Middle School opens to students. 9. Waiver of Subroa Rnanr=:. The Board of Education agrees to maintain fire, extended coverage, and vandalism and malicious mischief insurance on the premises and on personal property of the Board of Education contained therein to the extent of its 1 insurable value; the Town shall do the same with respect to its property located in or on the p ' es. The parties hereby mutually release and discharge each from all claims or liabilities sing from or caused by fire or other casualty covered by the above insurance on the premises, Property in or on the premises. 9- Q6%Wtv and iLiabilitylMMM: is understood and agreed by and between the parties hereto that each party shall carry such casualty and liability insurance will Protect its interests in said facilities, and protect itself in the event of injury to Persons or property involved in the use of said premises by said party. Each party shall furnish to the other party upon demand, satisfactory evidence of insurance. 10. Each per, hereto shall, to the extent allowed by Is% , indemnify and hold harmless and defend the other parties , their agents and employees from any claims, cost, expense, liability, action or judgment, including attomey's fees, arising out of or related to any personal injury, death or property damage with respect to its use of the premises, except to the extent the same are caused by the negligence or misconduct of another party or p 'es. 11. Use-by arties: It is understood and agreed hereto. that the parties shall endeavor to make the Fields available to other interested groups and public bodies when not in conflict with the program of the parties hereto, upon such terms and conditions as the party 9 17 0113112801 10:58 9199187346 ZONING&INSPECTIONS entitled to use of the Fields purmant to this Agreement may, in its sole The Town may make Field 3b available to, and co-sponsor events and interested parties during times reserved for use by the Town. 12. ,Amendments: This Agreement may be amended by mutual the Board of Education, the County and the Town. 13. I= This agreement shall exist and continue for a period of PAGE 09 10 )n, establish. with, other agreement if ty (30) years beginning September 1, 2001 and ending August 31, 2031. Provided, however, at the parties will review this Agreement on or about September 1, 2001, and every five (5) years thereafter, to determine whether the Agreement is operating-in. a manner that is satisfactory to a parties. If any party believes that changes in circumstances have substantially affected the rights and responsibilities of the parties under this Agreement, that party may initiate an in-de th review of the Agreement for the purpose of re-negotiating the terms and conditions of this emetnt. In the event of such an in-depth review, the parties will in good faith re-negotiate a tercets and conditions of this Agreement to accommodate the changes in the circumstances of a parties and to maximize joint use of the facilities. A change in the terms of this Agreement bas upon such re-negotiation shall not constitute a breach of this Agreement. 14. vernmen v Nothing in this Agreement shall be nstrued as waiving, modifying or granting any local government permits or approvals necessary for the development and/or construction of any facilities or irnpri Town. The Board of Education is responsible for seeking and obtaining such approvals as may be necessary for the work. 15. retire A meat: This Agreement constitutes the entire parties hereto. IN WITNESS WHEREOF, the parties to this Agreement have duly and it and caused it to be executed in their behalf by the undersigned agents. This the eday of n4a.r o 0 ich may be. rents in the government ment of the ly approved a 01/31/2001 10:58 9199187346 TOWN OF CARRBORO W. Morgan, Town ?ger1 Attest: , . .? "N C JJ. rx7 Sarah C. Williamson Approved as to form and authorization: ZONING&INSPECTIONS This agreement has been pre-at manner required by the Local ( Budget end Fiscal Con Act. L. Bingham enigk, 1 Michael B. Brough, Town Attorney CHAPEL HML-CARRBORO BOARD OF EDUCATION Nicolas Didow, Chair Attest: Valerie Foushee, Vice-Chair ORANGE COUNTY Stephen HaWotis, Chair Attest: Barry Jacobs,, Vice-Chair PAGE 10 in the 1I 9 01131/2001 16:58 9199187346 ZONING&INSPECTIONS PAGE 11 12 MEMORANDUM F UNDERSTANDIN 1. Whereas the Orange County Commissioners (County), the Town of C, (Town) and the Chapel Hill-Carrboro Board of Education (thee Board) a separate agreement to construct athletic field 3b at the Smith Middle to be primarily set aside for recreational use by the Town and County. 2. Since the making of said agreement, additional costs have been discover construction of this field because it will be partially located in a drainage Carrboro. Town of Carrboro ordinances requires enhancements to the dr way. The cost of such enhancements was not addressed in the original al 3. Recognizing that the Board of Education is constructing athletic field 3b primary benefit of the Town and County, the Town and County agree to reimburse the Board for all costs incurred -in complying with the Town of Carrboro's ordinances pertaining to enhancements of the drainage way ul written notification of the total amount by the Board of Education. The c this work are estimated to be $83,000. The Town shall pay 50% of such ($41;500) and the County shall pay 50% of such costs ($41,500). The reimbursement shall occur not later than the 2001-2002 fiscal year. 4. This memorandum of understanding hereby amends the Development Use Agreement dated January 25, 2001 entered into by the Town of C; Orange County and the Board of Education. To the extent that any prc this agreement conflicts with any provision of the prior agreement, the in this agreement controls, IN WITNESS WHEREOF, the parties of this Agreement have duly and validly it and caused it to be executed in their behalf by the undersigned agents. This the 3 D"- day of i 2001. EL 99A_-CARRBOR0 BOARD EDUJ A N Nicolas Didow, Chair Attest:. into site for the ay in the for Joint of Valarie Foushee, Vice-Chair 01/31/2001 10:58 9199187346 ZONING&INSPECTIONS PAGE 12 73 O CO NTY Stephen HaMotis, Chair Attest: Barry Jacobs, Vice-Chair T FC O O This agreement has been pre-. manner required by the Local Government Budget and Fiscal. Control Act L hL. 2 in the lto w. Morgan r zz o 00 0 ?? ?mm ? O ¢??p?p"?? v???]1 Cx7 C=74 Sit] Gx7? ?" C7 2 A A _ A?j c7 U tSU C7 C7Sj AV d S? m e ?y cc C7% a a? d ?Q ru v ? o 14 Recommendations of the School/Parks Reserve Committee May 6, 1999 (revised 11/22/99, adopted 1217/99) On May 4, the Board of Commissioners appointed members Margaret Brown and Barry Jacobs as a committee to discuss the proposed school/park combination projects raised at the May 4 meeting and the potential use of the School/Parks Reserve Fund. 15 The Committee met with Finance Director Ken Chavious and Environment and Resource Conservation Director David Stancil on May 6. At this meeting, the committee agreed to develop both short-term recommendations on the disposition toward the school/park proposals on the table, and long-term recommendations for the future of the reserve fund. On November 22, 1999, the Board of Commissioners discussed-the report recommendations and revised the report with updated information. The updated report is as follows: Short-TermlCurrent Projects, A. The two projects mentioned on May 4 should be handled as follows to meet the needs of the community: 1. The Board has decided not to pursue the Northern Orange Elementary site because the Orange County Schools did not hold clear title to the land. 2. The Board has decided that the Smith Middle School field project in Chapel Hill-Carrboro should be pursued, but is on hold pending review by the N.C. Department of Public Instruction on lease arrangements. A. These needs can best be met without tapping into the School/Parks Reserve Fund. B. The following criteria should be used in evaluating funding for these or other short-term school/park requests: 1. As an incentive to assist the Towns in meeting parks needs, County funding of Town park projects (including school/Town park combinations) would be offered on a 1:1 matching basis. 2. The land in question for a proposed school/park co-location must be owned by a governmental entity before County funds are committed. 3. County funding contributions should not be made for parks design or planning, unless County funds are used to complete the project. Any such funding is subject to approval of the Board of County Commissioners, and a designated representative of the Board should be involved in the design/planning process, as the Board deems appropriate. D. Funding for the expanded Smith Middle School/Carrboro Park arrangement should be addressed through use of the remaining moneys from the parks bond for facility development. The County should offer to match the cost of this proposal with a like amount 16 from the Town of Carrboro. The estimated project cost is $450,000, which would translate into $225,000 each from Carrboro and orange County. The Board has decided in concept to pursue a first phase of this project with $75,000 provided by the Town of Carrboro and with a $75,000 match from the County. Before this money is appropriated, however, the County should receive and approve a written proposal concerning this. project and its associated costs. Long-Term Reserve Fund Recommendations As of December 1; 1999, the School/Parks Reserve Fund balance is $2.38 million, with $2.24 million in revenue to the fund and $0.14 million in accrued interest. The fund has received one- cent on the tax base each year in revenue, which translates into an estimated $682,000 in FY 99-00. In June, the Board changed the future funding allocation from one cent to 1/3 cent on the tax base per year, with 2/3 cent going to county capital. facilities needs. A. It is recommended that the School/Parks Reserve not.be used for the current needs, and instead be designated for longer-term land acquisition needs, with the following parameters: 1. The creation of the Parks Council is currently deferred pending discussion of the Joint Master Recreation and Parks Work Group report. 2. The interest accumulated in the Reserve Fund should be available for possible use to address facility development needs not addressed through bonds or other means. There is currently an estimated $147,000 in interest accrued to this fund. However, County funding assistance for facility development should be contingent.the Board of Commissioners having a say in the development of the site and that value engineering is pursued for the project. 3. The existing $2.24 million in the fund (minus the interest above) should be retained for future land acquisition. Bond funds and other sources should be used for facility development. 4. In the interest of maintaining maximum flexibility for the Board of Commissioners, the school/recreation nexus need not always be readily apparent at the time of acquisition. _ 5. The Committee recommended that future one-cent allocations to this fund be split and re-allocated as follows: a. 50% to County capital facility needs (this will amount to approximately $341,000 in FY 99-00) b. b. 50% retained for land acquisition in the reserve fund (also $341,000 in FY 99-00) Note: In June, the board changed the future funding allocation from one cent to 1/3 cent on the tax base per year, with 2/3 cent going to county capital facilities needs.