INC NEWS - WONDERFUL NEWS!!!! INTERLOCAL AGREEMENT FOR NEW HOPE CREEK PARK IS FINALLY SIGNED!!!!!

[Wendy Jacobs]

Dear Neighbors,

I wanted to share the wonderful news that the interlocal agreeement for New Hope Creek Park has now been signed by all four  jurisdictions- Chapel Hill, Orange County, Durham City and as of tonight, Durham County!!! 

The park planning stage can now begin with each jurisdiction  soon beginning the process of appointing representatives to a Park Planning Advisory Committee that will probably begin meeting in January 2007.

For more details about the interlocal agreement, see the information below copied from the Durham County Commissioner's agenda packet tonight.

This is a very exciting moment for our entire community...for the hundreds of neighbors in the Erwin Road area and in neighborhoods throughout Durham, Orange and beyond who contributed in so many ways to make the creation of New Hope Creek Park/Preserve a reality. 

We have now moved one more important step closer to this reality.


Thanks to the $1million plus grant from the Clean Water Management Trust Fund, in the end it is us, the Erwin Area Neighborhood Group, with our $200,000 committment, who are the single largest contributor to the purchase of the 43 acre tract of Duke land.

Thank you again to everyone for helping to make this happen!!! 

Please pass on this good news to your neighbors, friends and family!

Wendy Jacobs
Erwin Area Neighborhood Group





 Interlocal Agreement for the Acquisition, Planning and Operation of the Hollow Rock Portion of the New Hope Creek Plan
                                                                                                                                                             15 min.

The Board is requested to approve the Interlocal Agreement for the Acquisition, Planning and Operation of the Hollow Rock portion of the New Hope Creek Plan between the County of Durham, the City of Durham, the County of Orange and the Town of Chapel Hill.   The purpose of the proposed Interlocal Agreement is to set forth the undertakings of the parties with regard to their respective contributions, obligations, and participation in the multi-jurisdictional purchase and operation of the Property, as well as, to establish a Park Planning Advisory Committee to develop recommendations for an overall plan for the Property and adjoining properties in the Hollow Rock area, including the obligations of Orange County and Durham County as they relate to the Penny lands. 

 

This Agreement reflects the participating jurisdiction's resolutions in support of the acquisition of a 42.8 acre tract of land lying and being in Durham and Orange Counties near the intersection of Erwin Road and Pickett Road. As background, Durham County entered into a contract with Duke University to purchase the Erwin/Pickett Road property for $1,500,000.  Durham County has paid $500,000 to Duke under the terms of the Purchase Contract.  The remaining $1,000,000 is due at closing which will be on or before April 8, 2008.  A summary of the terms are as follows:

 

Financial  

The participating governments and other agencies originally agreed to contribute the following amounts toward the purchase of the tract:

 

Durham County                                                   $900,000

Orange County                                                      200,000 

Erwin Area Neighborhood Group, thru TLC          200,000

Town of Chapel Hill                                               100,000

City of Durham                                                        75,000  

Triangle Land Conservancy                                      25,000 

Total                                                                $1,500,000

 

Since that time, Durham County applied for and received notice of an award of a Clean Water Management Trust Fund Grant in the amount of $1,112,000, conditioned upon the donation of additional conservation easements on property owned by Mr. and Mrs. Penny. However, Grant Funds are not obligated until a Grant Agreement is executed between Durham County and CWMTF.

 

The Grant provides $1,000,000 for purchase of the Erwin/Pickett Road property. The first $500,000 would be used to offset Durham County's contribution to the purchase of the Property. The remaining $500,000 of Grant Funds would be used to off-set the agreed-upon financial contributions of all four participating governments on a pro-rata basis based on the total amount of the un-reimbursed contribution by each governmental unit. Each governing unit's total financial contribution will therefore be reduced to the following amounts: 

 

·        Durham County            52.5% contribution equals $151,643 

·        Orange County             25.3 % contribution equals $73,257

·        Chapel Hill                   12.7 % contribution equals $36,629

·        City of Durham             9.5 % contribution equals $27,471

 

The remaining $112,000 from the Grant was to be utilized solely to reimburse Orange County for expenses related to the acquisition of 23 acres of the Penny's property adjacent to New Hope Creek within Orange County. This portion of the grant award is no longer needed, as the property was acquired using an alternative funding source for the acquisition. 

 

Distribution and Ownership of Property:  The Property would initially be conveyed by Duke University to Durham County. Immediately following the closing, Durham County will deed portions of the Property as follows:

·        Orange County will receive the 11 acres lying in Orange County.

·        Chapel Hill will receive two acres, subdivided from Durham County's parcel at a location to be negotiated.

 

The Penny lands: The Penny family has pledged to grant a conservation easement to Durham and Orange Counties on additional land adjacent to the Penny Tract and the Property (hereinafter the "Penny Conservation Easement") at no cost to the Counties. Pursuant to the Grant Agreement, the Grant Funds are contingent upon the conveyance of these Conservation Easement(s). The portion of the Penny Conservation Easement within Durham County will be owned and managed by Durham County and the portion of the Penny Conservation Easement within Orange County will be owned and managed by Orange County.  Orange County and Durham County shall cooperate with the Penny's to determine the boundaries of the Penny Conservation Easement as it crosses the county lines.  

 
Master Park Planning:  A Park Planning Advisory Committee ("Committee") is established in the Interlocal Agreement for the Property and surrounding area.  The purpose of the Committee is to develop recommendations for an overall plan for the Property and adjoining properties that comprise the Hollow Rock/ Erwin Area portion of the New Hope Plan. The plan should include overall recommended uses and generalized locations for the proposed uses. The recommendations of the Committee will be presented to the public and approved by the participating governing bodies. The Park Planning Advisory Committee would consist of eleven (11) members appointed as follows: Durham County - four members; Orange County - four members; Chapel Hill - two members; and the City of Durham - one member.
 

 

Use of the Property: Under terms of the Agreement the Property will be maintained in a natural scenic condition and restricted from any development or use that would impair or interfere with the conservation purposes of the Property. The following uses would be specifically allowed: open space, walking trails, parking, restroom facilities, environmental or scientific projects or studies, and other similar low-impact activities.  The Property will be open to the public during daytime hours. If necessary to qualify for state or federal grants, the property may be subject in the future to further restrictions.

 

Unless otherwise terminated upon the agreement of all the parties, the Term of the Agreement is for 10 years.  The Agreement has been approved by all of the other participating jurisdiction's governing bodies.  With the Interlocal Agreement approved by all four jurisdictions, the next step is for each body to appoint their members for the Park Planning Advisory Committee so that group can begin its work.

 

Resource Person(s):  Carol W. Hammett, Assistant County Attorney, Jane Korest, Open Space and Real Estate Manager

 

County Manager's Recommendation:  The County Manager recommends that the Board approve and authorize the Manager to execute the Interlocal Agreement for the Acquisition, Planning and Operation of the Hollow Rock portion of the New Hope Creek Plan by and among the County of Durham, the City of Durham, the County of Orange and the Town of Chapel Hill.   


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