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HomeMy WebLinkAboutAgenda - 09-09-2002 - 3 r 1 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS WORKSESSION AGENDA ITEM ABSTRACT Meeting Date: September 9, 2002 Action Agenda Item No. SUBJECT: Park Construction and Process Issues DEPARTMENT: Environment and Resource PUBLIC HEARING: (YIN) No Conservation ATTACHMENT(S):, INFORMATION CONTACT: 1) Proposed Southern Park.Process (Town of David Stancil, 245-2590 Chapel Hill) and °Points of Note' Kimberly Siran, 969-9026 2) Park Facility Planning (PFP) Process Report 3) Little River Regional Park Materials TELEPHONE NUMBERS: 4) Smith Middle School Memo and Materials Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To review and provide direction to staff on four items related to park facility construction and approval processes for park facilities. BACKGROUND: In keeping with actions at previous Board meetings and the upcoming parks projects in the County, three items have been prepared that need the Board's attention at this time. The items are preceded in the agenda packet by a brief summary of other ongoing parks activities. a) Southern Park: Included in the agenda packet is a proposal from the Town of Chapel Hill regarding the process of approving and constructing Southern Community Park in Chapel Hill. As the Board may recall, a Conceptual Plan has been prepared for the park by a Town-appointed committee, and was adopted by the Town Council on March 25. The conceptual plan has been forwarded to the County for review and approval, and is tentatively slated for the Board's September 17`h agenda. As per a suggestion at the InterGovemmental Parks Work Group meeting in February of this year, the Board of Commissioners and Town Council agreed to appoint representatives to meet to discuss the process for approval and construction of this 70- acre park facility south of Chapel Hill. Commissioners Jacobs and Brown and staff have met with counterparts from the Town since that time to discuss a possible process. As a part of the discussions, Town representatives developed a proposal focused on a process specific to Southern Park (rather than a more-comprehensive process related to joint parks projects as being discussed by the IP Work Group). On July 24, Mayor Kevin Foy and Council members Bill Strom and Flicka Bateman transmitted a revised proposal to 2 the County (attached). The Town's proposed process is accompanied by a brief"Points of Note' sheet developed by County staff that highlights key questions or issues from the most-recent Town proposal. b) Park Facility Planning (PFP) Process: On May 13, the Board received a report from staff on a possible process and procedure for accomplishing the many County parks and open space projects authorized by.voters in the successful November 2001 bond referendum. As other processes are being discussed for joint projects with the Towns, this PFP Process was developed with the intent to help guide the County's own projects. The May report included draft "Basic Operating Principles" for all County parks, along with a 2-page "Park Summary Sheets" that outlined a status report on the park, potential next steps, potential citizen involvement in the decision-making process, and an estimated timetable for park planning and construction. This report has been updated with comments from May 13 and actions since that time, and is presented again here for the Board's discussion. While some projects are already underway (the Mapleview soccer field and the Chapel Hill Township Park and Educational Campus for example), discussion of project prioritization and timetables would help provide direction to staff. c) Little River Regional Park and Natural Area: An update is provided on recent activities toward this award-winning and unique local govemmenttland trust project. An updated timeline and draft inter-local agreement was developed for the meeting of Durham and Orange representatives and is provided for the Board's review. The draft concept plan will also be presented for initial review. Staff will report on the results of the August meeting with Durham County representatives. d) Smith Middle School Playing Fields: Attachment 4 for this Rem includes a memorandum from staff regarding recent activity at the Smith Middle School playing field that is available for Carrboro/County use after 4:00 p.m. on weekdays as per the joint UNC/CHCCS/ County/Carrboro Joint Use Agreement. The Town's Reservation and Rental Procedure is also attached, along with a Town memo on several issues regarding field naming and signage. The first Town-scheduled activity of the field occurred on September 411 . FINANCIAL IMPACT: There is no financial impact associated with the reports and updates in this item. Subsequent decisions on timing and process for each project will have their own individual financial impacts. RECOMMENDATION(S): The Manager recommends that the Board receive and discuss the reports and proposals, with the fallowing potential goals for each discussion: 1. Southern Park: Provide feedback to the Board's representatives and staff on the Town's proposed process, and its consistency with future joint parks projects. Identify questions about the Town proposal for Board representatives and staff to convey to Town representatives. 2. Park Facility Planning (PFP) Process: Review the proposed basic operating principles and the "Park Summary Sheets", providing feedback on project timetables and activities as needed. Staff would then return with a PFP Process for the Board's approval. 3 3.. Little River Park: Receive the update from Board representatives and staff, providing feedback and direction as needed. Identify questions or issues regarding the proposed inter-local agreement, timetable, or preliminary concept plan. 4. Smith Middle School Fields: Discuss the issues raised in the memorandum and provide direction as needed. Aftac,hm t 1 MEMORANDUM TO: Chair Barry Jacobs Commissioner Margaret Brown FROM: Mayor Kevin Foy Council Member Flicka Bateman Council Member Bill Strom SUBJECT: Proposed Process for Developing Southern Community Park DATE: July 24,2002 We offer the attached draft with the hope that it meets the needs of the County and of Chapel Hill. General vs. Specific Process: Although we all began our discussions with the intent of creating a template that could be used for all the joint park projects that will include Orange County bond funding, we concluded that it would be more practical to begin with a process specific to the Southern Community Park. Unlike most of the proposed projects,this park already has a site in public ownership and a completed conceptual plan developed by a committee composed of neighbors of the site, Chapel Hill, Carrboro and County elected officials, and other residents.The Town Council has approved this plan. This process may be useful for the aquatic center too, which also has a conceptual plan approved by the Town Council,but we believe we should wait to see how it works out for this first project. Decision-makine: We have tried to consider the concerns you voiced in general, as well as your more specific comments. A key element would be the Project Planning Committee, to be composed of at least one County Commissioner, one Town Council Member and the two Managers or their designees, who would work on the Southern Community Park from the conceptual plan stage through completion. The key decision point would be the acceptance by both the Board of County Commissioners and the Town Council of the conceptual plan. All other decisions, be they technical ones or more significant design issues,would be based on the conceptual plan. The full Board would also make the key decision of scheduling the funding for the project. . The decision to award a contract would be made by the Town Council, with advice of the Project Planning Committee and of the Board. To summarize, the following are the decision points for the governing boards: Adoption of conceptual plan BOCC and Town Council Commitment on financing schedule BOCC Approval of Special Use Permit Town Council 5 , Adoption of budget and award of bid Town Council Other decisions will,be made by Town staff, working with the Project Planning Committee. Opportunities for Review: Points of review and opportunities for advice by the full Board of Commissioners will occur during the Special Use Permit(SUP)process. First the Board will receive notice of the process and schedule for the SUP as soon as it is established. When the staff review is completed,the application goes to the Town's advisory boards,and the Board of County Commissioners will also be included. The Board would receive at least 60 days notice of this opportunity,so there would be time to schedule the Board review in time to have its recommendations ready for the SUP public hearing. After the public hearing at which all the Board's recommendations, advisory board recommendations and citizen input will be heard,the Board will once again be offered an opportunity for recommendation to the Town Council before the Council acts on the SUP application. The Council normally acts 3 weeks after a public hearing, which we would hope would include time for a Board meeting. If another week would accommodate the meeting schedule of the Board, the Council could delay its decision on the SUP until its next meeting. Value Engineering: We are aware of the Board's interest in value engineering, and that is shared by the Town Council. Our proposed process includes the use of value engineering during the process that moves from the conceptual plan stage to construction drawings, review and analysis of the bids and construction. The contract engineer would also be available for advice should that be appropriate when considering potential change orders. We understand that the County's Open Space Design Specialist may also be able to act in these areas. Proiect Planning Committee Members: You have suggested that the Project Planning Committee include those of us who have worked together to develop this process. We believe that is a good idea, and will submit the three Council Member names to the full Town Council. Timing: At your request,we have removed the specifics of all but one time period. We do this with the understanding that the Board of Orange County Commissioners will consider the Conceptual Plan for the Southern Community Park in September. We also understand that it is your intent to have in November a mutually acceptable conceptual plan and an executed interlocal agreement that specifies the schedule of bond fund availability. We did feel the need to leave in one specific time period: the eight days during "Budget and Bid Award" for setting a discussion between the Board and the Council about the budget. We do so, because we believe that it is important to be able to award a contract within 60 days of the bid opening. Requesting bids good for 60 days is fairly standard and allows time for review and analysis of the bids, checking of references and some negotiation. We believe that requesting 90 days would increase the bidders'risk and, therefore, the amount of the bids. We would also point out that the two representatives of the Board will have been working as part of the Project Planning Committee from the point of the bid opening to the date the recommendations of the Committee and the Town Manager go to the Council. We would expect that consensus within the Planning Committee would have been reached by that point and that the full Board of County Commissioners would be informed of any concerns. We hope that this draft is acceptable to you. If so, we suggest that the full elected boards review and accept it at their first meeting after the summer break. If not, we are ready to continue talking until we can reach full agreement. July 24, 2002 PROPOSED PROCESS FOR SOUTHERN COMMUNITY PARK 1. Agreement on Timing of Funding Board of County Commissioners adopts a multi-year capital project ordinance authorizing the full amount of County bond funding. It also authorizes an interlocal agreement that commits to making the proceeds of the bonds available for this project on a given schedule. 2. Project Planning Committee appointed by respective governing bodies: at least one County Commissioner and one Town Council Member; each Manager or his designee(s a. Charge is to keep informed about the progress of the project and to offer input in a timely fashion b. Objective is to discuss and reach consensus on all issues before it in a timely manner c. If consensus is not readily available,the Town of Chapel Hill may make the decision to avoid delay in project d. The Chapel Hill Town Council is governing body in whose jurisdiction the facility lies and which will be responsible for operations and maintenance for the life of the project 3. Conceptual Plan Project Planning Committee follows the Report of the Southern Community Park Conceptual Plan, as adopted by the Board of County Commissioners and the Town Council, as a guide to the expectations of the governing bodies and the community. 4. Construction Design Project Planning Committee decides whether to continue with designer of Conceptual Plan or to select a new designer. If a new designer is desired, a. Staff advertises for proposals and reviews all submittals b. Project Planning Committee and Town staff review some or all submittals and recommend small number to interview c. Staff and Project Committee interview designer candidates and make recommendation to Town Manager d. Town Manager negotiates a contract with architect as recommended by the Project Planning Committee e. If Town Manager cannot negotiate an acceptable contract with the first choice,he goes on to the second choice. 5. Value Engineering Project Planning Committee decides whether to accept the value engineering services of the firm under contract with the Town. If not, Project Planning Committee selects another firm, following the type of process outlined above for designer 2 g 6. Special Use Permit a. Designer works with P &R staff and value engineer to complete Special Use Permit (SUP) application, including design drawings. b. Project Planning Committee reviews drawings during process and approves drawings that are part of the SUP application c. Application undergoes regular SUP review process by advisory boards and Town Council,as well as by Board of Orange County Commissioners At least 60 days notice is given to Board of County Commissioners before review period for application d. At Public Hearing Council receives staff recommendation in its role as owner and in its role as Regulator,and recommendations from Board of County Commissioners and all advisory boards and commissions e. Board of County Commissioners meets at its next meeting after the SUP Public Hearing date to prepare its final comments to Town Council before Council's final decision f. Town Council, in its role as Regulator, issues SUP 7. Bidding a. Designer completes working drawings and bid documents b. Town staff and contract engineer review drawings and specs before finalized for bidding, including code reviews by Inspections and Fire Departments c Staff advertises for bids,holds pre-bid conference, opens bids d. Staff, with assistance of designer and value engineer,analyzes bids, checks references and makes recommendation to Project Planning Committee on bids and project budget e. Project Planning Committee makes its recommendation to Town Manager, Board of Commissioners and Town Council on bid and project budget. Recommendations might include: -which of several alternates to accept -which part(s) of the base project to delete to come within budget -how to phase the project to accommodate budget and other constraints S. Budget and Bid Award a. Town Council considers recommendations of Project Planning Committee and Town Manager, makes its decisions and requests the County Commissioners' concurrence in those decisions as quickly as possible, so that the bids can be awarded within 60 days of the bid opening. b. Town Council's budget may include funding for public art,whose expenditures would be overseen by the Public Arts Commission according to the Percent for Art Program c Board of County Commissioners considers recommendations of Project Planning Committee and Town Council d. County Commissioners may: 3 q -approve the Chapel Hill project budget as requested by the Town Council, or -do so with minor conditions on the bid or budget, or -request a meeting to be held within 8 days of representatives of the two governing bodies to resolve their differences e. After County Commissioners agree upon budget,Town Council adopts capital project budget ordinance and awards contract 9. Construction a. P arks and Recreation staff, designer,value engineer and contractors proceed with construction b Value engineer joins staff, designer and contractors for monthly project meetings and may be involved between those meetings c. Periodic reports made to Project Planning Committee, probably quarterly, but more often if circumstances may dictate d. If cumulative change orders come close to the Town Council's limit,proposed change orders would be reviewed by Project Planning Committee and Town Manager, both of whom would make recommendations to Town Council. 10. Completion After completion and final close-out of the project,a report would be prepared for both the Town Council and the Board of County Commissioners that details final costs io Town of Chapel Hill Proposed. Process for Southern Park Points of Note - 9/5/02 ➢ The County would be involved in approval of the conceptual plan, but under this proposal would have only review and comment opportunities for subsequent steps, such as the Town's Special Use Permit. The County would have limited approval of the budget and bid award process, and would not be involved in the construction process. ➢ The Town proposes to keep the Board informed of activity via a"Project Planning Committee" which would include "at least one Commissioner." This Committee would make a recommendation to the Town Manager and Town Council on the project designer;, construction bids, and updates on the construction process itself. If the Project Planning Committee does not reach consensus, "the Town of Chapel Hill may make the decision to avoid delay in project." ➢ The Town proposes an interlocal agreement to be signed prior to the Special Use Permit and construction that would commit the County to make bond funds available on a given schedule. l l AftachmentZ Park Facility Plan (PFP) Process 2nd DRAFT - September 5, 2002 The PFP Process is designed to address park facility projects that are within the County's jurisdiction and are being pursued solely as a County facility. Similar process documents are being prepared for the many joint parks or master-planned joint facilities projects that the County is planning with the Towns and or school systems. An outline of the different types of projects currently engaged may be found as Attachment 1. Part I. Basic Operating Principles for All County Parks Facilities/Process While each park projects will need to have its own set of rules and conditions that are specific to the natural and physical environment of the site, an interest has been expressed in having a set of basic operating principles that would apply to each park—augmented by site-specific principles and guidelines as needed for individual sites. 1. Each park and public open space facility project should receive equal footing in terms of initial appropriation and planning and design potential. However, some staggering of activities may be necessary due to a finite amount of human and financial resources 2. Opportunities for economies of scale and cost savings should be explored as projects continue and are developed S. Each concept plan committee will have a scope of duties and a set of guiding principles set by the Board of Commissioners at the time of appointment. The Board may also adopt a"pre-concept" plan to help provide direction to the committee 4. The County's organizational vision for parks philosophy is towards an "Olmsteadian" model or vision of parks; that values natural and ecologically-sensitive design, and flexible public open spaces for all areas not designated for other specific uses 5. As such, the protection of natural areas and stream corridors shall be a foremost consideration in the design or parks and public open spaces, and grading and alteration of the natural landscape minimized to the degree possible 6. Water use should be minimized and xeriscaping pursued wherever possible and prudent, including the retention and "capture" of on-site stormwater 7. Plantings and landscaping of parks and public open spaces shall feature native vegetation wherever practical and appropriate �a 8. Parks and public open space should promote a pedestrian-friendly environment and allow for free movement while discouraging internal automobile traffic. Internal trails should be developed consistent with both internal and external (trail connections) networks 9. Where historic or otherwise-significant cultural buildings or features exist on the site, attention and consideration should be given to preservation of these features within the context of the park 10.Consideration of potential co-location of facilities is encouraged, as appropriate and as directed by the Board 11:The concept plan for each park and public open space should reflect design. parameters sensitive to adjoining properties and neighbors Part II. Park Summary Sheets The following Park Facility Plan (PFP) "park summary sheets" provide basic information about each park project, the resources needed to accomplish the task, the current status of the project, the other partners or "players" in the project, and a potential timeline of activities IF EACH PROJECT WERE BEGUN ON NOVEMBER 1, 2002.* * - Note: While staff would propose to explore economies of scale by addressing multiple projects (as in the areas of purchasing and construction), all projects will not be able to track simultaneously from the same date due to human and financial resource limitations. As such, the potential timetable offered on the following pages is a "best case scenario"for park development for each project. 13 Project Name: Cedar Grove Park Project Cost: $1,200,000 Pre-Concept Plan Completed? Yes (reviewed but not adopted Project Status: Land acquired and pre-concept plan reviewed by BOCC in June 2001. Funds from 2001 bond, appropriated accordingly in 2002-2012 C/P. ,Stage Concept Plan SCOPE OF WORK., Take pre-concept plan and use with operating principles, to be adopted as part of the charge by the Board of Commissioners (in addition to other guidelines to be added), to design the park. Activit Resources Estimated Cost . $20,000 for detailed topographic and location survey) Project Partners? r: None Concept Plan Committee Commissioner Membership Commissioner 1 Recreation and Parks Advisory Council member 1 Commission for the Environment member 2+ Area Citizens 1 citizen design professional/other expertise Staff Resources Primary: County Manager (or designee), Open Space Design Specialist, ERC Director, Recreation and Parks Management Director . Other: Land Conservation Manager, County Engineer, Planning Director, Purchasing Director, Public Works Director, others as needed Projected Concept Plan Timetable: November 2002 — February 2003 Target Date for BOCC Consideration: March 2003 . Construction Develop construction drawings and bids, gain County or Town site plan approval, award bid to contractor(s) and construct the park facilities according to the adopted plan as per BOCC approval. Act�� Resources Estimated Cost $1,180,000 Construction.'Project Commissioner Team i` Commissioner County Manager (or designee) Recreation and Parks Management Director Purchasing Director F Open Space Design Specialist County Engineer ERC Director Planning Director Park Services Director (Concept Plan Committee is apprised of activity) "Best-Case" Construction Begins: June, 2003 Projected Park Opening Date: " FallMlnter,2004 . rAar m deeded to �roeeed at Ilia tiros: If the Board is ready to proceed with planning for this park: 1. Adopt pre-concept plan previously reviewed 2. Discuss timing/coordination issues regarding upgrades to Northern Human Services Center 3. Appoint Cedar Grove Park Concept Plan Committee, with charge and scope of work (based on pre-concept plan) and any operating principles the Board wishes to apply. Project Name: Chapel Hill Township Park and Educational Campus Project Cost: $1,200,000 (Park - phase 1) Pre-Concept Plan Completed? Yes, approved by Board on 10/22/01 Project Status: Land acquired and pre-concept plan reviewed and approved by by BOCC in October/November, 2001. Funds from 2001 bond appropriated in 2002-2092 C!P (consistent with timetable below). Master Plan Work Group appointed, to begin work September 30. This is part of a larger'park and educational campus project, to be comprehensive planned as.a master site plan. RMT;IS- MWEIRM, r SCOPE OF WORK. Take pre-concept plan and use with operating principles and other guidance adopted as part of the charge by the Board of Commissioners, to design the park and educational campus. Activity Resources Estimated Cost $55,000 (detailed topographic and locations[ survey, cultural and biological survey)** Project Partners?.; Chapel Hill-Carrboro City Schools Chapel,Hill Township Commissioner Brown Park and Edu..cational ,F F Commissioner Gordon A. ,.Campus Membership 1 Carrboro Alderman 2 CHCCS Board Members 1 Chapel Hill Town Council member 1 Orange County School Board member 3 citizens ' 2 CHCCS parents 1 OCS parent 1 Recreation and Parks Advisory Council member " 1 Commission for the Environment member 2 Intergovernmental Parks Work Group members Duke Forest Resource Manager 1 Cal-rboro Northern Transition Area Committee member 1 Carrboro Parks and Recreation Commission member 1 Chapel Hill Parks and Recreation Commission member 1 Chapel Hill Greenwa s Commission member Staff Ras.ources Primary:County Manager(or designee),Open Space Design - Specialist, ERC Director, Recreation and Parks Management Director, CHCCS Superintendent(or designee) Other. Land Conservation Manager,County Engineer, Planning Director, Purchasing Director, Public Works Director,others as needed Carrboro and Chapel Hill Parks and Planning staffs invited to participate - ex-officio. iL Projected Concept Plan Timetable: September 2002 — June. 2003 Target Date for BOCC Consideration: Auqust-September 2003 . • - Develop construction drawings and bids, gain Town site plan (Conditional Use Permit)approval, award bid to contractor(s) and construct the park facilities according to the BOCC-adopted plan. Town approval process may take up to 12 months. Ac!jv�N Resources Estimated Cost $1,145,000 ark only) Construction Project Commissioner Team j Commissioner ' T{ r _ .�..I �.'k� County Manager (or designee) Recreation and Parks Management Director Purchasing Director Open Space Design Specialist a ERC Director County Engineer Planning Director Park Services Director Master Plan Work Group kept apprised of activity) "Best-Case" Construction Begins: February, 2004 * - Planning for this project will use a special Master Plan Process, adopted by the Board, to jointly plan the schools campus and park. ** - A portion of this cost to be assigned to schools campus portion of project at a future date Projected Opening:Date (phase I park,only). Fall; ffatrars'4x&d to Poeeed aS ff a r4w., Process Underway. Interim report from Work Group to be presented in January 2003. l7 Project Name: Efland-Cheeks Park, Phase Il Project Cost: $250,00 0 Pre-Concept Plan Completed? Yes Project Status: Concept plan exists, as does Phase I of park. Funds from 2001 bond, appropriated accordingly in 2002-2012 CIP, originally to develop nature trails, teaching platform and install field lighting. Stage I — Concep SCOPE OF WORK. Review existing concept plan for adequacy and determine best use of bond funds for park. Amend concept plan as needed. Activit Resources Estimated Cost $2,000 Project Partners? Orange Count Schools Plan Review Work . Commissioner Group!lilembership Commissioner 1 Orange County School Board member 1 Recreation and Parks Advisory Council member 1 Commission for the Environment member 2 Area Citizens+? Staff Resources Primary: County Manager(or designee). Open Space Design Specialist, ERC Director, Recreation and r Parks Management Director, Park Services Director u Other: Land Conservation Manager, County Engineer, Planning Director, Purchasing Director, Public Works Director, others as needed Possible Review Timetable: Review existing plan, November 2002- February 2003 Target Date for BOCC Consideration?: March. 2003 i8 Stage 2 — Bids and Construction Develop construction drawings and bids, gain site plan approval, award bid to contractor(s) and construct the park facilities according to the BOCC- adopted plan. Activity Resources Estimated Cost $248,000 Construction Project Commissioner Team Commissioner 4 ; County Manager(or designee) Recreation and Parks Management Director Purchasing Director Open Space Design Specialist County Engineer' ERC Director Planning Director Park Services Director Plan Review Work Grou p kept apprised of activity. "Best-Case" Construction Begins: June, 2003 Projected Park Opening.Date: Summer/Fall,2004*' * - Depends on what facilities are to be built vArtoa zeeded ro Paoc at rAla ?tare. If the Board is ready to proceed with planning for this park: 1. Create Efiand-Cheeks Park Work Group to review the existing concept plan for the park for adequacy and changed conditions, and amend as needed. Review letter from existing community group about involvement. 2. Adopt operating principles and charge for Work Group, as needed. 19 Project Name: Fairview Park Project Cost: $850,00 0 Pre-Concept Plan Completed? No Project Status: Existing playground and playing field. Decisions needed on 1) whether park will include both County and Town of Hillsborough portions or County only, 2) whether a joint County/Town park or a County park, and 3) whether park plan will be folded into master plan for other public facilities at site. Funds from 2001 bond, appropriated accordingly in 2002-2012 CIP, consistent with following timetable. There is no pre-concept plan or concept plan. Stage 1 — Pre-Concept Discussions and Concept Plan SCOPE OF WORK- Discuss outstanding issues with Town of Hillsborough. Develop pre-concept plan. Form concept plan committee to design park, using pre-concept plan and operating principles adopted as part of the charge by the Board of Commissioners. Activity Resources Estimated Cost $20,000 for detailed topographic and location surve Project Partners? Town of Hillsborough? Fairview Park , Commissioner Concepf,Plan Committee Commissioner bership Mem 1 Hillsborough Town Commissioner 1 OC Recreation and Parks Advisory Council member 1 Commission for the Environment member 2 Area Citizens s> 1 citizen design professional/other expertise Others? Master Plan Work Group? Staff Resources Primary: County Manager(or designee), Open Space Design Specialist, ERC Director, Recreation and Parks Management Director Other(also primary if Master Plan approach): Land Conservation Manager, County Engineer, Planning Director(County and Town), Purchasing Director, Public Works Director, others as needed Joint Town/County Work Group to Set Process: November-December, 2002? Projected Concept Plan Timetable*: January-May 2003 Target Date for BOCCITown Consideration: June. 2003 a� * —after outstanding issues resolved by BOCC/Town work g roup Stage 2 — Bids and Construction Develop construction drawings and bids, gain Town site plan approval, award bid to contractor(s)and construct the park facilities according to the BOCC-adopted plan. Resource s Estimated Cost $830,000 Construction Project Commissioner Team Commissioner County Manager (or designee) Recreation and Parks Management Director €." Purchasing Director Open Space Design Specialist County Engineer aq' ERC Director �I 6tf �GnM�. Planning Director y Park Services Director Town staff if Joint Master Plan process) Projected Construction Begins: February, 2004 Projected ed`Park Opening Date:I Spring, 2005 Axle a Zees to paoeeed st d4 t MC, If the Board is ready to proceed with planning for this park: 1. Create a BOCC workgroup to meet with like contingent from Hillsborough to discuss joint park and. Master Plan opportunities, and scope of project 2. Once key decisions made, develop and adopt pre-concept plan 3. Appoint Fairview Park Concept Plan (or Fairview Campus Master Plan) Committee, with charge and mission (scope of work), based on pre- concept plan and any operating principles the Board wishes to apply. The process for these projects would be addressed through upcoming "Process for Joint County/Town Parks and Open Space Projects" under review by IP Work Group, and by specific project processes. Southern Park 1. Complete discussions with Town of Chapel Hill about proposal for process. 2. Complete discussions with Chatham County about participation 3. Complete CIP deliberations to determine funding stream 4. Review and approve Conceptual Plan 5. Create Park Planning Group (or like mechanism after reviewing IP Work Group recommendation and Town of Chapel Hill proposal) with Town of Chapel Hill to make key decisions about park 6. Review and adopt Park Planning Group recommendations 7. Construct park accordingly Homestead Aquatics Center 1. Complete CIP deliberations to determine funding stream 2. Create Project Planning Group (or like mechanism after reviewing IP Work Group recommendation and Town of Chapel Hill proposal) with Town of Chapel Hill to make key decisions about project 3. Review design and construction plans 4. Review and adopt Facility Planning Group recommendations 5. Release funds—facility constructed accordingly Smith Middle Park 1. County/Carrboro/CHCCS meeting needed to decide lead entity to take project through Carrboro Conditional Use Permit modification (assumption has been CHCCS) 2. Lighting plan to be developed by lighting professional and other permit requirements developed for Carrboro-to consider CUP modification. 3. Once lighting plan developed, CUP modification goes to Carrboro public hearing ($500 application fee — to be waived??)) and Board of Aldermen approve modification 4. Review site plan and authorize release of funds for bleachers and lighting at the playing fields Joint Town/County Open Space 1. Receive a report from the InterGovemmental Parks Work Group regarding status of greenways projects in Chapel Hill and Carrboro and potential use of funds aa 2. Create Project Plan Group to review report and make recommendations on key decisions and projects to be funded — report sent to each elected board 3. Upon receipt of Town actions on Project Plan Group recommendations, consider and adopt greenways project plan. 4. Review plans at upcoming Assembly of Governments (spring 2003?) Little River Regional Park (Grant-funded) 1. Durham and Orange County representatives review draft concept plan (consultant) 2. Little River Park Advisory Committee reviews draft concept plan, and recommends for adoption to the Boards of Commissioners in Durham and Orange Counties 3. Boards review and approve concept plan 4. Interlocal agreement reviewed and agree to regarding operation and maintenance of park 5. Bids solicited for construction of park, approved by Board of Commissioners 6. Volunteers and non-profits work to develop and finalize trails at park 7. Park construction begins 2003, and opens to public in Fall 2003. McGowan Creek Preserve (1997 parks bond) 1. Topographic survey and site plan prepared 2. DOT requested to address turn lane 3. Board considers site plan for facility (October 2002) 4. Construction Spring 2003 (with volunteers doing trail construction) - McGowan Creek Preserve opens for use FaIINVinter 2003 Mapleview Soccer Field (1997 Parks Bond/Other 1. Survey and lease completed 2. Field design site plan developed by Open Space Design Specialist 3. Owners review and approve site plan 4. Board approves site plan (October 2002) 5. Bids for field construction, and construction of field (FaIlMinter 2002) 6. Field available for play Spring 2003 a3 Little River Regional Park and Natural Area not J Park Development Timeline (as revised 8121102) • Cultural Survey of park property completed [April 2001] • Community Meeting on desired park uses [March 2001] • LRPAC finalizes recommendations on uses [April 2001] • LRPAC recommendations on park uses to Orange/Durham BOCCs [August 2001] • Park uses approved by both Durham and Orange BOCCs [November 2001] • Consultant selected for Conceptual Design and Site Plan [April 2002] • Concept Plan and draft interlocal agreement presented to BOCC reps. [Aug. 2002] • Concept Plan presented to LRPAC and BOCC reps. [Sept 2002] • Public presentation of Concept Plan with LRPAC; Site visit [October 2002] • Interlocal Agreement signed by both counties [October 2002] • Preliminary Site Plan presented to LRPAC/BOCC sub-committee [Early Nov. 2002] • Final Site Plan submitted to Orange/Durham staff[Late Nov. 2002] • Final Site Plan approved by both counties [December 2002] • Construction bidding and selection process completed [Feb/March 2003] • Construction Period [March - June 2003] • Park opens to public [Summer 2003] Note: During some of this period, staff design and volunteer construction of some trails may proceed along some of the more obvious walking trails. Little River Park lnterlocal Agreement Draft July 29, 1002 STATE OF NORTH CAROLINA COUNTY OF ORANGE INTERLOCAL AGREEMENT and . FOR THE OPERATION AND MAINTENANCE OF COUNTY OF DURHAM LITTLE RIVER REGIONAL PARK THIS AGREEMENT,made and entered into this_day of 2002,by and between ORANGE COUNTY,hereinafter referred to as"Orange County," and DURHAM COUNTY,hereinafter referred to as"Durham County,"pursuant to N.C. Gen. Statute 160A-460 et gM., and other applicable laws. WPPNESSETH: WHEREAS, Orange County and Durham County own certain adjacent property known collectively as Little River Regional Park and Natural Area, (hereinafter referred to as "Park"), of which 136 acres are located in Orange County and 255 acres are located in Durham County, a map of which property is attached hereto as Exhibit A; and WHEREAS, Orange County and Durham County have agreed to make the Park available for low-impact outdoor recreational purposes, including picnic areas,play meadows, nature study,walking trails, and other recreational uses; and WHEREAS, Orange County and Durham County have agreed to monitor and protect sensitive natural and cultural resources known to exist on the Park property; and WHEREAS, Orange County and Durham County desire to share revenues and expenses equally for the joint use and mutual benefit of the citizens of both counties; and WHEREAS, Orange County and Durham County agree that Orange County should operate and maintain the park to the mutual benefit of citizens of both counties dining the term of this Agreement and any subsequent extended term thereof,pursuant to N.C. Gen. Statute 160A-355,N.C. Gen. Statute 160A-460 et§M., and other applicable law. NOW, THEREFORE, in consideration of the mutual covenants,promises and agreements contain herein,the parties hereto agree as follows: 1. Park Name. The official name of the Park shall be"Little River Regional Park and Natural Area." Orange County will install a prominent sign at the entrance to the park indicating that name as approved by both counties and included in the Park Master Plan. In some instances,the name may be shortened to the"Little River Park". 2. Park Master Plan. Little River Regional Park and Natural Area shall be developed in accordance with a Park Master Plan,which Plan shall be Page 1 of 8 Little River Park Interlocal Agreement Draft July 29, 1002 �5 developed jointly by Orange and Durham counties and approved by both Boards of County Commissioners (hereinafter collectively referred to as "Boards'), on or before March 31, 2003. The Park Master Plan may be amended from time to time by mutual agreement and approval of the Boards. The Park Master Plan shall include,but is not limited to the Park description, naming policies,operational guidelines, fees, collection procedures and maintenance requirements. 3. Names on Park Facilities. Any formal naming of park amenities (e.g., trails, shelters, etc.) or acknowledgment of people on signage(e.g.,project partners,monetary contributors, etc.)will be in accordance with a joint naming policy to be developed and approved by both Boards as a part of the Park Master Plan. 4. Ownership and Use. The land shall continue to be owned as separate parcels with Orange County owning the 136 acres located in Orange County and Durham County owning the 255 acres located in Durham County. a) Allowed Uses. The Park shall be open and available to the general public regardless of race, gender, color,creed or political or religious affiliation or national origin. Orange County and Durham County, through their respective Boards,with input from a citizen advisory committee and other members of the public,have agreed on what uses will and will not be allowed in the Park. Modification of the approved uses will be considered jointly through the county staff and recommended for consideration and approval by the Boards. b) Conservation Easements: Both counties recognize that the Park was acquired with grants from the NC Clean Water Management Trust Fund and NC Parks and Recreation Trust Fund and that there are conservation easements in place encumbering the property as a result of those grants. The conservation easements are recorded at the Orange County Register of Deeds, Book 2198 Page 256 and at the Durham County Register of Deeds,Book 3027 Page 194. C) Easements. Any access easements developed for the public use of adjacent private property shall be approved by both Boards. Additional Tracts. As opportunities develop in the future, additional tracts may be considered by the two counties for acquisition. These acquisition costs shall be home by the county within which the property is located. Amendments to the Park Master Plan to include the additional tracts will be initiated through the joint county staff with recommendations to both Boards for approval. If the proposed additional tracts will require additional costs for maintenance and/or operations,then the proposed additional Page 2 of 8 a� Little River Park Interlocal Agreement Draft July 29, 2002 tract shall be negotiated and approved by both Boards. If,however,the additional tract will have no financial impact on costs associated with Park operations and maintenance, then the purchase of the proposed tract does not require participation from the other County. 5 Regulations. Orange County and Durham County, through their Boards, with input from their respective citizen advisory committee, shall approve all policies, fees,and operational guidelines to be implemented by Orange County in the operation and management of the Park,unless specifically otherwise provided for in this Agreement. 6. Budget. . The Orange and Durham County Managers, or their designee, shall meet to consider and make recommendations regarding an annual budget for the development and operation of the Park. The budget shall Est capital improvements to be made to the Park within the next fiscal year. The recommendations of the Managers shall be submitted to their respective Boards. The Boards shall each consider such budget recommendations and take such action as deemed appropriate. If the Boards do not agree on the annual budget as submitted by the Managers, the Managers shall meet again to reconsider and submit a modified budget proposal to the Boards. The failure of the respective Boards to agree upon an annual budget after a second attempt shall be grounds for terminating this Agreement pursuant to Section 17,below. 7. Park Funding. All operating and maintenance costs of the Park shall be shared equally by both counties on a 50:50 basis (Orange County 50% and Durham County 50%). Orange County,through their Recreation and Parks Department, shall be responsible for operating and maintaining the Park and shall invoice Durham County twice annually for 50%, for the actual costs, including building and grounds maintenance,personnel costs,both direct and indirect costs,required insurance and any other costs incurred to properly operate and maintain a public facility. In no event shall the amount invoiced exceed the budgeted amount for the Park in the then current fiscal year.Durham County will provide Orange County detailed accounting of both direct and indirect costs incurred for staff, administrative and capital costs incurred by Durham County and shall be credited that amount by Orange County towards its twice-annual payment. 8. Contracts. Orange County shall contract with engineers, consultants, contractors and other parties as necessary to complete park development in accordance with the approved Park Master Plan. In all cases, Orange County will comply with both counties' shared goals of enabling minority- owned firms to participate as contractors and sub-contractors in county projects. Orange County shall also comply with bidding procedures set forth by general statute and shall not exceed budgeted amounts by either County. Page 3 of 8 a� Little River Park Interlocal Agreement Draft July 29, 2001 Those contracts required by state law to be approved by a county board, shall be approved by the Orange County Board of Commissioners. Those contracts not requiring board approval by state law shall be approved in accordance with Orange County fiscal policy. Those costs shared by both counties in the same manner as other costs and expenses are shared under this Agreement. 9. Park Revenues. All revenues generated.from operation of the Park shall be shared by the two counties on a 50:50 basis (Orange County 50%and Durham County 50%). Revenues shall be collected,when due,by Orange County and applied to the operational costs of the Park on a 50:50 basis. 10. Insurance. Costs of property insurance will be shared pursuant to Section 7,by both counties. 11. Park Manager Residence. Orange County shall contract with engineers, consultants,contractors and other parties as necessary to establish a Park Manager residence near the main entrance to the Park in a manner mutually agreed upon by both the Durham and Orange boards of county commissioners. 12. Park Operation and Maintenance. During the term of this Agreement, Orange County shall manage the park and provide operation and maintenance services customarily provided for in such instances, and shall do and perform any and all things reasonably necessary for the pleasure, comfort, service and convenience of those who use the Park. a) Maintenance of Grounds. Maintenance of the Park grounds shall be performed by employees of the Orange County Recreation and Parks Department,the Orange County Public Works Department or contractors as necessary to ensure proper and adequate maintenance. b) Maintenance of Buildings, Maintenance of all buildings and structures located on Park property shall be performed by the Orange County Recreation and Parks Department, the Orange County Public Works Department, or contractors as necessary to ensure proper and adequate maintenance. c) Personnel. Personnel at the Park will be Orange County employees_under the jurisdiction of Orange County and will fall under the personnel rules and policies governing the hiring, discipline,dismissal,pay and any other procedures established by Orange County affecting its employees. d) Direct Costs. All contract maintenance costs shall be reasonably documented and accounted for by both counties and reimbursed to Page 4 of 8 Little River Park Interlocal Agreement Draft July 29, 2002 each county on an equal basis. Durham County shall also be reimbursed for any costs associated with any negligent acts, failure to act or any intentional wrongful acts done by Park personnel in the management and/or operation of the Park. 13. Park Securitv and Public Safetv. Orange County and Durham County shall coordinate their efforts mi providing for safety and security of users of the park,park staff,and adjacent landowners in the most effective and efficient manner possible. a) 14. General Provisions. a) Relationship of Parties. Durham County and Orange County shall not have the power to bind or obligate the other party. b) Assignments. This agreement is not assignable by either party without the written consent of the other. c) Notices. All notices provided for in this agreement shall be in writing, addressed to the respective county managers. d) Governing Law. This agreement shall be construed under the provisions of the law of the State of North Carolina. C) Good Faith. The parties mutually agree to deal in good faith one with the other in all respects in performing their duties under this Agreement. All actions recommended and implemented in the Park Master Plan will require joint approval by both Boards. 15. Entire Agreement. This agreement contains the entire agreement between the parties and amendments, if any, shall be in writing and signed by both parties. 16. Duration. This agreement shall be effective as of the above date and will expire June 30,2007,unless terminated or extended as provided herein. Orange County and Durham County will discuss,prior to January 1, 2007,whether either county intends to assume or make other arrangements for operation of the Park at the termination of the original term of this Agreement or whether Orange County or Durham County desires to continue a contractual relationship for operation of the Park and upon what terms. The expectation of both counties is to continue the agreement on a year to year basis, except as properly amended or unless terminated in a manner set forth below. 17. Termination. Page 5 of 8 a� Little River Park Interlocal Agreement Draft July 29, 2002 a) This agreement shall be subject to.annual review and may be terminated at the end of the fiscal year upon one (1)year advance written notice by one to the other party. b) In the event Durham County and Orange County cannot agree on the Park Master Plan or annual Budget as required by sections 2 and 6 respectively,or any other provision of this Agreement which requires approval from both Boards,this agreement shall be terminated, c) Upon the expiration or termination of this Agreement,park amenities and the costs associated therewith will be distributed as follows: a) Real Property: The land shall continue to be owned as separate parcels with Orange County owning the 136 acres located in Orange County and Durham County owning the 255 acres located in Durham County. b) Costs of Improvements: The Counties agree to share equally in the value of the improvements made to the Park in the respective Counties,including but not limited to picnic shelters, campsite facilities,restroom structures, and the park ranger residence. (For example,if the value of the improvements made to the portion of the Park which sits in Orange County equals $20,000 and the value of improvements made in Durham County equals $10,000,then Orange County will reimburse Durham County the set off amount of$5,000.) The value of said improvements shall be determined at the time of termination. c) Grant Funds: The parties acknowledge that a Land&Water Conservation Grant, in the amount of$262,000,was jointly awarded to Durham and Orange Counties for the development of the Park. Orange County currently administers said grant and shall continue to do so for the joint benefit of the Counties. Upon termination, Durham County shall be reimbursed by Orange County in an amount equal to 50%of the total Grant funds received from said Land&Water Conservation Fund Grant,which have been either expended on amenities situated in the Orange County portion of the Park, or received by Orange County for the Park,but not yet expended. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. ATTEST: ORANGE COUNTY Page 6 of 8 30. Little River Parklnterlocal Agreement Draft July 29, 2002 By: Clerk to the Board Orange County Manager ATTEST: DURHAM COUNTY By: Clerk to the Board Mary Ann Black, Chairman of the Board of County Commissioners APPROVED.AS TO FORM AND LEGAL SUFFICIENCY: Orange County Attorney Page 7 of 8 31 Little River Regional Park and Natural Area Issues to be Addressed in Proposed Interlocal Agreement between Orange County and Durham County Durham County and Orange County have acquired jointly a 391-acre property for the Little River Regional Park and Natural Area (255 acres in Durham; 136 acres in Orange). Acquisition and development of the park is a cooperative project among the partners Durham County, Orange County, the Triangle Land Conservancy and the Eno River Association. The park will be developed with a $262,000 grant from the federal Land and Water Conservation Fund (LWCF) and is expected to be open to the public by Summer 2003. The regional park will be jointly owned and managed by Orange and Durham counties. An interlocal agreement between Durham and Orange counties is being developed to help address the following issues conceming the joint ownership, development, and management of the park. The draft agreement is expected to be ready for consideration by the Durham and Orange county commissioners in October 2002. Park Name—the agreement will specify the official name of the park (Little River Regional Park and Natural Area)for use in signage, brochures, publicity, etc. Park Master Plan —the agreement will specify that the park will be developed in accordance with a Park Master Plan, which Plan shall be developed jointly by both counties and approved by both boards of commissioners. Facilities Naming and Recognition — a policy and procedure for the naming or dedication of park facilities in accordance with criteria will be developed and approved by both county boards (e.g., trails, picnic shelter, etc.). Ownership and Use—the park property will continue to be owned as separate parcels held by each county by fee simple title and available for a variety of public uses agreed upon by both counties and subject to limitations imposed by state/federal grants used to purchase and develop the park. Acquisition of Additional Land —the agreement will address the potential future acquisition of adjacent tracts for additions to the park property. Regulations —the agreement will describe the process for adoption and amendment of park policies, fees, rules and regulations. Staff anticipates that both boards will adopt park regulations in advance of the park opening. Park Manager/Caretaker Residence—the agreement will note that a park manager residence will be established near the main entrance to the park in a manner mutually agreed upon by the two county boards. Budget and Funding -- the agreement will specify each county's share of funding for park development, operation and maintenance. Roles and responsibilities for the handling of payments, revenues, reports, audits, and insurance will also be addressed. Park Development-- the agreement will describe the roles and responsibilities for the park construction, trail development, hazards removal, supervision of volunteers, and direction to contractors during park development. Operation and Maintenance—the agreement will describe the roles and responsibilities for park staffing, park monitoring/oversight, rules enforcement, opening/closing of gate(s), opening/closing of trails (e.g., inclement weather), public information, supervision of volunteers, etc. Also, for maintaining grounds and buildings/ structures, including mowing, trash pick-up, restrooms, repairs, etc. Security and Public Safety—the agreement will describe the roles and responsibilities for the health and safety of visitors, emergency response, response to theft, adjacent landowner needs, etc. Reciprocal agreements will be needed for jurisdictions to handle these matters on park property located across the county line. Duration — the agreement will specify a period of time covered by the agreement and the process for agreement renewal and termination. t +d P�Ie f •� ., :i-i1��1 r C r �� • ,r c ,-r T 1_ e������y /elf �^ -#��...., �■I r � + ` r by �< 3Of Little River Park meeting August 28, 2002 Durham County Managers Office 1.There was agreement on desire to complete work'on interlocal agreement and have both county boards sign off by October. - Durham and Orange attorneys will work together on revising 8/29 draft - Attorney's will work on mutual aid agreements for both EMS and Sheriff - Mutual aid agreement(s)might be an exhibit to the interlocal agreement - Managers will contact respective sheriff depts. to discuss their involvement 2. There was agreement on 50-50 cost share for park operation and mgmt. 3. There was agreement on revising draft interocal to include some way of sharing in the cost of unforeseen expenses for park O&M consistent with county policies for handling budget amendments. 4. There was agreement that there could be cost sharing for future land acquisition for the park, to be negotiated on case-by-case basis. 5. There was agreement on Orange moving forward with relocating existing house from Heritage Hills subdivision to park for park manager/caretaker residence. Orange will find out how if any of the FEMA funds may/will go toward the relocation. 6. There was agreement that when and if there is a Phase II park development, the two counties will discuss the possibility of allowing individual camping at the park. 7. There was initial/general agreement with the preliminary concept plan B. There was agreement on proceeding with LRPAC meeting for presenting preliminary concept plan. Staff to schedule for late Sept. .[Public meeting would follow sometime in October.] 3s f�fituchmer>-1. 4 Memorandum . To: John Link, County Manager From: David Stencil, ERC Director Bob Jones, Park Services Director Date: September 4, 2002 Re: Smith Middle School Playing Field This morning, we met with Carol Rosemond (Acting Recreation and Parks Director for the Town of Carrboro), and Dennis Joines (Assistant Director). The purpose of our meeting was to explore recent issues that have come up regarding the use and scheduling of the playing field available for Town/County use at this site. As you may recall, the Town, County, Chapel Hill-Carrboro City Schools and UNC entered into a Joint Use Agreement in February, 2001 regarding the use of playing fields at the new Smith Middle School (more-accurately, located adjacent to Chapel Hill High School - please see item #3 below). One such field, designated as "Field 3-b," is available for Town/County use after 4:00 p.m. on school days and on days when school is not in session, as per the Joint Use Agreement (Attachment A). This field was the subject of our conversation, and four main points were discussed: 1. Concern has recently been expressed to both County and Carrboro staff regarding use of Field 3-b by the Chapel Hill High School football team as a practice field. Concerns were raised that the football team, while practicing on Field 3-b, had damaged the field by practice on a recent rainy day, which occurred after 4:00 p.m. No activity had been scheduled by the Town or County for that date, but it was noted that the two playing fields at this site are not physically separated and that this may pose the potential for"spillover" activity on Field 3-b. 2. As per the Joint Use Agreement, the Town and County were to `work together to coordinate programming of the use of the fields when school is not in session," with the Town as `the lead entity for programming such use and communicating with the Board of Education regarding the same." Although County staff learned of Carrboro's plans to begin scheduling the field for use via a newspaper announcement, and scheduling has already taken place (within initial use as of today), the staffs agreed to communicate and coordinate more closely in the future on the use and scheduling of the field. In advertising the field's availability, the Town issued a public service announcement and contacted all known recreation groups by mail. Carrboro staff reports that, as of this date, Rainbow 3� Soccer has reserved 226 hours of use for the Feld through November 24 (which the Town has set as the end of the fall season) — all but 4 hours of available time for the fall. The Town's Reservation and Rental Procedure which has been instituted for this field is, attached (Attachment B). Scheduling of the field would be permitted again in February, under the Town's procedure. 3. Carrboro staff has raised questions to be addressed by all of the parties to the agreement (Attachment C), including: ➢ Should the field have a different working name. As the field are actually adjacent to Chapel Hill High School and accessed from the high school, Town staff noted that this has caused some confusion among organizations and citizens regarding the location of the field . Is there interest in having an official opening ceremony for this field — which is a unique joint recreation venture? ➢ Should signage be placed (both directional and entry) at or near the field? Currently, a sign from the bond education campaign on 2001 is the only signage, and it is along Homestead Road. 4. Finally, Town staff asked about the plans for the lighting of the fields, which will require a Carrboro Conditional Use Permit (CUP) modification, according to Town Planning staff. This will require the creation of a lighting plan and the development of other application materials. Staff notes indicate that the plan has been for the schools to serve as the applicant for this CUP modification. Both staffs agreed to convey these issues to the respective Managers for more discussion. Town staff is attempting to gain information from the Chapel Hill- Carrboro City Schools about the use of the field for high school football practices. Version approved by Orange County Commissioners on 2/20101 1 STATE OF NORTH CAROLINA DEVELOPMENT AND JOINT USE AGREEMENT COUNTY OF ORANGE THIS AGREEMENT, made and entered into by and between the Town of Carrboro, North Carolina, a North Carolina municipal corporation, 301 West Main Street, Carrbom, 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 27278 (hereinafter referred to as the "County), and the Chapel Hill-Carrboro City Board of Education, a school administrative unit under the laws of the State of North Carolina, Lincoln Center, 750 S. Merritt Mill Road, Chapel Hill, North Carolina 27516 (hereinafter referred to as the "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, hereinafter referred to as the "R.D. and Euzelle P. Smith Middle School"(the"School Site'). WITNESSETH WHEREAS, 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 own and improve real estate for recreational and other public purposes; and WHEREAS, the Board of Education is in the process of finalizing plans 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 that there may be mutual benefits and cost savings associated with a cooperative effort to develop recreational facilities for shared use; and 38' WHEREAS, the parties recognize the mutual benefit in the Town's acting as lead entity for prograinmi,,g of such facilities during non-school hours and for communicating with the Board of Education and County regarding that programming; and WHEREAS, the Board of Education, the County and the Town have consulted each other and have determined that their respective interests may be furthered if an additional recreational field and related amenities for joint use are developed at the School Site contemporaneously with the construction of the Smith Middle School; and WHEREAS, the Board of Education, the County and the Town have recognized the need for additional public athletic fields, and particularly soccer fields, that can be made available for governmental and private organizations to program and expand recreational opportunities in the area; and WHEREAS, the Board of Education, the County and the Town agree that community use of the recreational fields and parking lots at the Chapel Hill High School, Seawell Elementary School and Smith Middle School would benefit the citizens of Carrboro and Orange County; and WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract and agree, each with the other, for the joint use of facilities for the stated public purposes; and WHEREAS, in furtherance of the aforesaid, the parties hereto do propose to contract and agree for a period of thirty (30) years, to jointly use and mutually operate recreational fields and appurtenant facilities all of which are to be constructed by the Board of Education on the School Site; and WHEREAS, the implementation of this Agreement would fulfill substantial Board of Education, County and Town needs, and be of significant mutual benefit to the parties hereto, and to the public generally; 2 - 3� WHEREAS, it is understood by the parties that the land on which the specific fields referred to herein are to be located is owned by the University of North Carolina at Chapel Hill and is State property, that the land on which the fields referred to herein are to be located is leased to the Orange County Commissioners for the specific purpose,of providing additional land for the School Site, and that all agreements between the parties will be subject to the underlying lease agreements and rights of the State of North Carolina and the University of North Carolina at Chapel Hill but in no event shall the County's and the Town's access to the soccer field identified as Field 3b in this Agreement, once constructed, be denied or limited during 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 to the Orange County Commissioners for use by the Chapel Hill-Carrboro 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 State, that the plan to construct new recreational and athletic fields on the property which will be the subject of the lease, and that the development of the fields referred to herein is specifically conditioned upon the final execution and approval of that lease by the Council of State, the University of North Carolina at Chapel Hill, the Orange County Commissioners, and the Chapel Hill-Carrboro 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: 3 4�. 1. Construction of An Additional Recreational Field by the Board of Education: The Board of Education plans to improve existing recreational and athletic fields and to construct new fields at the Smith Middle School site. By this Agreement, the Board of Education 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 general 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 additional field is specifically one of the two soccer fields and is identified on Schedule A as Field 3b. 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 the Agreement (collectively referred to herein as the "Fields' are a softball/baseball field (Schedule 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 by 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 regular school day. The parties agree that Field 3b shall be available for Town and County use commencing at 4:00 p.m. on days that school is in session. 4 _ 41 (a) Lights for Evening Programs: 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 Amenities: The Board of Education will provide a backstop, dugout area and bench, and perimeter fence for the softball/baseball 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 receptacles, and toilet facilities. The Board of Education will seek donations of an electronically operated scoreboard from a private third party. Provided, however, that if the Board of Education cannot find such a third party to donate an electronically operated scoreboard, the Board of Education is under no obligation to provide an electronically operated scoreboard. 2. Payment of County and Town Contributions to Construction Costs. Upon the completion of the construction work and installation of amenities described above in accordance with a Conditional Use Permit to be reviewed by the Town for this project, the County and the 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 Dollars ($150,000), said sum to be applied to the cost of the construction of Field 3b by the Board of Education at the School Site. 3. Joint Use Of Recreational Fields: The Board of Education agrees that the Town and the County shall have the right to use Field 3b at all times when school is not in session. Additionally, the Town and the County may use Fields 1, 3a, and 4 when said Fields are not in use by the Board of Education, in accordance with the Board of Education's general policy and 5 ¢a procedure for use of school facilities by non-school entities in'effect at the time of the proposed �G use of the Fields. The parties understand and agree that the Town and the County will work together to coordinate programming of the use of the Fields when school is not in session and that the Town will be the lead entity for programming such use and communicating with the Board of Education regarding the same. The Board of Education, the County and the Town will make the soccer fields 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 formal approval of the parties as long as such alterations and the name of the representative authorizing such alterations are documented in writing. 4. Utilities. Maintenance and Upkeep The Board of Education shall be responsible for, and shall bear the full cost 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 irrigation system servicing Field 3b, including labor, supplies and materials, shall be divided equally among the 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 Fields. 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 6 43 Education shall document its time of usage and, if the Board of Education uses the light system for more than ten (10) hours per year, the Board of Education shall contribute toward 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 marling requirements. The parties agree to use only non-toxic and non-corrosive products for maintaining, lining or marking Field 3b, in accordance with the Town's Least Toxic Integrated Pest Management Policy. S. Joint Use of Parking Area and Playground: The Board of Education 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. Minor alterations regarding the schedule for availability of these parking lots and recreational facilities may be made, from time to time, by representatives of the parties without formal approval of the parties as long as such alterations and the name of the representative authorizing such alterations are documented in writing. 6. Provision for Town and County Summer Came or Similar Programs: The Fields may be reserved for a Town or County summer camp or Town or County programs, during the months of June, July and August, when school is not in session. Such reservation shall be made in writing by the Town or County to the Board of Education or its designee, on or before April 1 of the year in which the Town or County proposes to conduct a camp or programs at the School Site. It is understood that the Fields will require periods when activities will not be scheduled in order to provide time for turf rejuvenation. Reservation and use of fields will be scheduled accordingly. .7 44-;,` In the event the Board of Education determines that the Smith Middle School should be operated as a year round school, the Town and County may schedule programs during the intercessions of such year round school when the school is not in session. 7. Availability of Smith Middle School Site: The Town and 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 as scheduled 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 exceed two (2) year from the date that the Smith Middle School opens to students. 8. Waiver of Subrogation/Insurance: 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 full insurable value; the Town and County shall do the same with respect to their property located in or on the premises. The parties hereby mutually release and discharge each from all claims or liabilities arising from or caused by fire or other casualty covered by the above insurance on the premises, or property in or on the premises. 9. Casualty and Liability Insurance: It is understood and agreed by and between the parties hereto that each parry shall carry such casualty and liability insurance as 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 fumish,to the other party upon demand, satisfactory evidence of insurance. 10. Indemnity: Each party hereto shall, to the extent allowed by law, indemnify and hold harmless and defend the other parties, their agents and employees from any claims, 8 4s cost, expense, liability, action or judgment, including attorney'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 parties. 11. Use by Other Parties: It is understood and agreed hereto that the parties shall endeavor to make the Fields available on a reasonable and non-exclusive basis 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 parties entitled to use of the Fields pursuant to this Agreement may, in their discretion, establish. The Town and County may make Field 3b available to, and co-sponsor events and programs with, other interested parties during times reserved for use by the Town and County. 12, Amendments: This Agreement may be amended by mutual written agreement if the Board of Education, the County and the Town. 13. Term: This agreement shall exist and continue for a period of thirty(30) years beginning September 1, 2001 and ending August 31, 2031. Provided, however, that 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 the 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-depth review of the Agreement for the purpose of re-negotiating the terms and conditions of this Agreement. In the event of such an in-depth review, the parties will in good faith re-negotiate the terms and conditions of this Agreement to accommodate the changes in the circumstances of the parties and to maximize joint use of the facilities. A change in the terms of this Agreement based upon such re-negotiation shall not constitute a breach of this Agreement. 9 14. Governmental A rovals: 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 in the Town. The Board of Education is responsible for seeking and obtaining such local government approvals as may be necessary for the work. 15. 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 _day of TOWN OF CARRBORO Robert Morgan, Town Manager Attest: Town Clerk Approved as to form and authorization: This Agreement has been Preaudited in the manner Required by the Local Government Budget and Fiscal Control Act. Michael B. Brough, Town Attorney Finance Director 10 - 47 This is to certify that on this day personally appeared before me, with whom I am personally acquainted,who being by me duly sworn, says that Robert Morgan is Manager of the Town of Carrboro and that he/she, is the Town Clerk, a body politic and corporate, described in and which executed the foregoing Agreement; that he/she knows the common seal of the Town of Carrboro; that the seal affixed to said instrument is said common seal; that the name of the Town of Carrboro was subscribed thereto by said Manager of the Town of Carrboro and said Town Clerk subscribed their names thereto and said common seal was affixed, all by and that said instrument is the act and deed of said Town of Carrboro. Witness my hand and seal, this the_day of .2000. Notary Public My commission expires: CHAPEL HILL-CARRBORO BOARD OF EDUCATION Name, Title Name, Secretary ORANGE COUNTY Stephen H. Halkiotis, Chair Beverly Blythe, Clerk 11 48 C RRBORO Recreation and Parks Department RESERVATION/ RENTAL PROCEDURE for Smith Middle School Soccer Field 3B *sections of this policy is subject to change in 2003 due to the installment of lights Request for use Rental Request for use of Town/County Public Soccer Field at Smith Middle School will be Fall 2002 period only. The Fall 2002 rental request will be for the period of August 26th through November 20 *The 2003 Rental Request procedures will be separated into three"rental periods": Spring(mid-February through May),Summer (June through August)and Fall(September through November). The actual hours available will be based on the installment of the lights at the site. Priority Registration Priority will be based on residence of the participants. Priority reservation/ rentals will give first priority to residents of Orange County. The Priority period will be for a team or group requesting use of the field to consist of 50 % or more participants that reside within Orange County. Note:For a team or group to be able to submit any rental request during the priority period,the"actual' users of the field must meet the 50%resident requirement. "Actual User stands for the members of the team or group that will be on the field during the rented time. Note: The designated coordinator(head)of the organization that submits the rental request will be responsible for providing documentation that supports this requirement. Request Date for submittine use Teams or groups may submit their request for use of the Town/County PublicSoccer Field at Smith Middle School (Field 3b) for the Fall of 2002 beginning on August 14 and continue through August 19'h (by 5:00p.m.on 8/19). Note: In accordance to the Joint Use Agreement with the Board of Education, the soccerfield 3b will be available for a community festival for the Hispanic population during thefall of each year, The Fall2002 Festival is scheduled for the weekend of September 6—8. Note: Dates/Times requested that are not in conflict with other submitted request will be approved on Tuesday,August 20. Note: A meeting will be held on Wednesday,August 214 far the purpose of allocating of the remaining rental times(dates/times where two or more teams/groups requested). "' Note: Rental tithes will become available to non priority groups/reams on Thursday,August 22 . All rental request for use of the soccer field require the completion of a Town of Carrboro's Official Application for use of Recreation Facility/Area, j • If multiple dates are desired--an attachment listing the specific dates and times should accompany the application. • The Official Application for use of Recreation Facility/Area form should be completed by the Team/Group representative. This representative must be able to verify that at least fifty percent of the "actual"users reside in Orange County. • Information on the"contact"person of the team/group is required. 'The"contact"person should be the person that the town can contact in case of weather cancellations,or other general discussions concerning the team/group's rental. • The renting party must adhere to all rules and regulations printed on the reverse side of the Official Application of use of Recreation Facility/Area form and those within this policy. Time of use <for Fall 2002> Monday through Friday(from the hours of 4:00p.m. to dark) before August 31 • 4:00-5:00, 5:00-6:00, 6:00-7:00, 7:00-8:00 September 2 through October 4 •. 4:00-5:00, 5:00-6:00, 6:00-7:00 September 30- October 25 • 4:00-5:00, 5:00-6:00 October 28- November 22 • 4:00-5:00 Saturday and Sunday (begins at 9:00a.m. and continue into the evening) Weekend of August 31 and September 1 • 9:00-10:00, 11:00-noon,Noon-1:00, 1:00-2:00, 2:00-3:00, 3:00-4:00, 4:00-5:00, 5:00-6:00, 6:00-7:00, 7:00-8:00 Weekend dates from September 2 through October 6 • 9:00-10:00, 11:00-noon,Noon-1:00, 1:00-2:00, 2:00-3:00, 3:00-4:00, 4:00-5:00, 5:00-6:00, 6:00-7:00 Weekend dates from September 30- October 26 • 9:00-10:00, 11:00-noon,Noon-1:00, 1:00-2:00, 2:00-3:00, 3:00-4:00, 4:00-5:00, 5;00-6:00 Weekend dates (after October 26) • 9:00-10:00, 11:00-noon,Noon-1:00, 1:00-2:00, 2:00-3:00, 3:00-4:00, 4:00-5:00 note: The Recreation and Parks Department reserves the right to"block"off specific dates/times for OPEN play. The"blocked"off dates/times will be available to the general public. S6' Note: Evening time slots based on area times of sunset Sunday,September l 7:44p.m. Sunday,October 6 6:53p.m. Sunday,October 26 6:27p.rr Sunday,November 24 5:05p.m. Status of Snrina 2003 hours *mid February through May(based on the installment of lights) Monday through Friday(from the hours of 4:00p.m. to dark) • 4:00-5:00, 5:00-6:00, 6:00-7:00,7:00-8:00, 8:00-9:00, 9:00-10:00pm Saturday and Sunday (begins at 9:00a.m. and continue until dark)_ • 9:00-10:00, 11:00-noon,Noon-1:00, 1:00-2:00, 2:00-3:00, 3:00-4:00, 4:00-5:00, 5:00-6:00, 6:00-7:00, 7:00-8:00, 8:00-9:00, 9:00-10:00pm Restriction of Use The Carrboro Recreation and Parks Department reserve the right to cancel the use of the soccer.field if it is determined that: • The use of the field must be suspended to allow for maintenance to be conducted • The fields becoming too wet for use (safety and/or maintenance concerns) • Lightning prohibits the use of lights on the field . Note: The representative and/or"contact"person will be notified of the cancellation or suspension of use. The renting Team/Group will be refunded for all times canceled by the Department. Fee Structure: Team/Group Rates (1 hour time block per field) • Day Use—no lights $ 151hr • Night Use—with lights $ 30/hr • Supervisor--present during use of lights $ 9/hr ' sl Memo To: Robert Morgan,Town Manager From: Carol H. Rosemond, Interim Recreation and Parks Director Subject: Smith Middle School Soccer Fields Date: August 5, 2002. The Smith Middle School Soccer Fields are almost ready for use. Several questions have come up that should be probably be mutually determined by the town, school system and county. To my knowledge, these are items that have not been previously discussed. 1. Name clarification: Is the official name for the fields the Smith Middle School Soccer fields? Due to the location,which is closer to Chapel Hill High School the name is a bit misleading and makes the fields harder to find. I've already received one call about the confusion of the name and location. It was be less confusing if they were identified without the"Middle School"in the name. 2. Official opening ceremony: Should we have one, if so,when, and who will coordinate the efforts? 3. Signage: Will there be a sign,beyond the metal field identification signs? As this is a wonderful example of the school system, county and town of Carrboro working together, a sign noting the name of the fields as well as identification that is jointly funded project/effort of the three entities might be appropriate. Any assistance you could provide regarding the items would be appreciated, Thanks.