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HomeMy WebLinkAboutAgenda - 12-07-2020; 8-g - Memorandum of Agreement Renewal with Town of Hillsborough – Fairview Park 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 7, 2020 Action Agenda Item No. 8-g SUBJECT: Memorandum of Agreement Renewal with Town of Hillsborough — Fairview Park DEPARTMENT: DEAPR, County Attorney ATTACHMENT(S): INFORMATION CONTACT: Proposed MOA Renewal David Stancil, 919-245-2510 PURPOSE: To renew an existing Memorandum of Agreement with the Town of Hillsborough for certain activities and operations of Fairview Park. BACKGROUND: Fairview Park, part of the Orange County Parks system, was built and opened in 2010. The park is located in the Fairview community in the Town of Hillsborough, and is surrounded on three sides by the town limits. A community policing station is located on Rainey Avenue on land formerly part of the park. Fairview Park is built in part on land previously-owned by the Town that was part of a land swap and consolidation of land holdings that occurred prior to park construction. In recognition of the park's location adjacent to the Town limits and other Town facilities, and the fact that many of the park patrons are Town residents, the County and Town entered into a Memorandum of Agreement in 2010 regarding park operations and activities. The MOA provides that the County operates and maintains the park, and the Town provides the cost of water and sewer service, trash collection and gate opening and closing for the park. The Orange County Sheriff's Office and the Town Police Department collaborate on public safety matters. The five-year MOA was renewed under identical conditions in 2015 by the County and Town, and there are no changed conditions identified that warrant a change to the provisions of the Agreement. An updated draft MOA to renew the Agreement for another 5-year term is attached. FINANCIAL IMPACT: There is no financial impact associated with the renewal of the Agreement. Under the Agreement, the Town provides services and actions that have associated costs, such as the provision of water and sewer service to the park. 2 SOCIAL JUSTICE IMPACT: This action is consistent with Social Justice Goal "Create a Safe Community," by providing residents of a historically-underserved community with park facilities and amenities for recreation and community-building opportunities. ENVIRONMENTAL IMPACT: This MOA is consist with Environmental Impact Goal "Resultant Impact on Natural Resources and Air Quality," as it provides a 75-acre area of open space and wooded areas that help reduce carbon emissions and provide habitat for various species on the edge of Hillsborough. RECOMMENDATION(S): The Manager recommends that the Board adopt the draft Memorandum of Interlocal Agreement at Attachment 1, renewing the Town and County partnership regarding the park for an additional five-year period. 3 MEMORANDUM OF INTERLOCAL AGREEMENT ORANGE COUNTY, NC TOWN OF HILLSBOROUGH, NC REGARDING FAIRVIEW PARK OPERATIONS AND RESPONSIBILITIES THIS AGREEMENT, made and entered into between the Town of Hillsborough, North Carolina, a North Carolina municipal corporation, 101 East Orange Street, Hillsborough, NC 27278 (hereinafter referred to as the "Town"); and Orange County, a body politic and corporate, a political subdivision of the State of North Carolina, 300 West Tryon Street, Hillsborough, NC 27278 (hereinafter referred to as the "County"), for the joint and/or assigned operations and responsibilities of Fairview Park, located in Hillsborough, NC. WITNESSETH WHEREAS, the parties to this agreement are public bodies, politic and corporate, under the laws of the State of North Carolina and are vested with the power and authority to own and improve real estate for recreational and other public purposes; and WHEREAS, the Fairview neighborhood of the Town of Hillsborough adjoins a designated park site that was identified 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, the 2001 Orange County Parks and Open Space Bond included funding for planning and construction of Fairview Park; and WHEREAS, the Town and County both own property within the said Fairview Park site (hereinafter "Fairview Park"), and the Town's corporate limits abut the site on three sides; and WHEREAS, the County and Town recognized the mutual benefit and interest of the parties hereto, and to the public generally, in the construction of park facilities on Town and County owned property for Fairview Park, with the Town agreeing to donate its land toward this purpose; and WHEREAS, the Town and County entered into a Memorandum of Agreement in 2004 regarding use of both Town and County lands together for Fairview Park, and a process for creating a master plan for the park, as shown as Attachment 1 to this Agreement; and 4 WHEREAS, it is recognized by both parties that there are limitations imposed by safety considerations caused by the 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") that have affected the potential locations within the site for a park; and WHEREAS, a Fairview Park Master Plan was created by a committee of County and Town representatives in 2006 and was subsequently adopted by both the Town and County Boards of Commissioners; and WHEREAS, the County and Town jointly applied for and received grant funding for park construction from the N.C. Parks and Recreation Trust Fund in 2009; and WHEREAS, Fairview Park was constructed in 2010, with a signed interlocal agreement dated November 16, 2010 to address needed property exchanges for public safety and liability concerns, Town contributions to park operations and potential annexation into the Town of Hillsborough, among other matters; and WHEREAS the parties wish to continue certain arrangements regarding the operation and responsibilities of the park: NOW, THEREFORE, in consideration of the foregoing and on mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. TOWN CONTRIBUTIONS TO OPERATING EXPENSES a. The Town will provide for water and sewer service at no cost to the park restrooms, picnic shelter and water fountains. b. The Town will be responsible for the opening and closing of any gate to the park, if such is deemed necessary, on a mutually- agreeable schedule and at the Town's discretion. 2. PUBLIC SAFETY COVERAGE FOR THE PARK a. The Orange County Sheriff's Office will be the initial primary provider, with the Town Police Department supporting and assisting in this capacity. The Town and County public safety providers will continue to review response to calls in the park and make adjustments to responsibilities as needed and prudent. 3. AMENDMENTS This Agreement may be amended by mutual written consent of the Town and County. The Agreement will be reviewed at least once every five years for needed changes and updates. 5 Any future improvements to the Park after the date of this agreement will be considered by both the Town and County. 4. TERM This Agreement shall terminate upon mutual agreement of the Town and County Boards of Commissioners; or on December 31, 2025. The parties commit to review and consider renewal of the Agreement on or before December 31, 2025. This agreement is renewable with mutual agreement of the two governing bodies. 5. GOVERNMENTAL APPROVALS This Agreement is subject to the review and approval of the Town and County Boards of Commissioners. 6. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement of the parties hereto. This, the_th day of December, 2020. Mayor, Town of Hillsborough WITNESS: Town Clerk This, the 7th day of December, 2020. Chair, Orange County Board of Commissioners WITNESS: Clerk to the Board