AGENDA #5a

MEMORANDUM

TO:

Roger L. Stancil, Town Manager

FROM:

Butch Kasiah, Director of Parks & Recreation

Bill Webster, Assistant Director of Parks & Recreation

SUBJECT:

Authorization to Assist the Botanical Garden Foundation, Inc. in the Purchase of Property for the Stillhouse Bottom Natural Area

DATE:

June 11, 2007

PURPOSE

The attached resolution would indicate the Council’s commitment to contribute $5,000 toward the purchase of a 5.6 acre tract of property adjacent to the Stillhouse Bottom natural area. The resolution would also authorize the Manager to negotiate and execute an agreement with the Botanical Garden Foundation, Inc. that would commit Town funds in exchange for participation in a conservation easement at the time of closing.

BACKGROUND

On April 23, 2007, the Council received a petition from Pearson Stewart asking that the Town participate in the purchase of property adjacent to the Botanical Garden Foundation’s Stillhouse Bottom Preserve.

DISCUSSION

Stillhouse Bottom is the largest north-facing ravine in Orange County. The ravine comprises over 60 acres, of which 23 acres are owned or controlled by the Botanical Garden Foundation, Inc.  According to the Inventory of Natural Areas and Wildlife Habitats for Orange County, North Carolina, the area displays strikingly high plant diversity with over 100 species recorded.

The property is located north of Mt. Carmel Church Road, west of Arboretum Drive, and south of Morgan Creek in the Town’s Extraterritorial Jurisdiction (ETJ).

The Botanical Garden Foundation has an option to purchase a 5.6 acre tract (TM# 7.131..4A) at the uphill end of the Stillhouse Bottom ravine. Please see the attached map. The dark areas on the map are closely spaced topographic lines indicating the location of the Stillhouse Bottom ravine. The property owner has agreed to sell the property for $500,000, but the seller has also agreed to donate $100,000 to the Foundation. The Botanical Garden Foundation and neighbors of the Stillhouse Bottom Preserve have contributed $10,000 in order to secure the option to purchase.

Representatives of the Foundation have informed us that they intend to request funds from Orange County, the Clean Water Management Trust Fund, and other potential funding sources.

Proposed Easement: We believe that in exchange for Town funds, the Town should be co-holder of a conservation easement over the property that would allow the Council to limit future uses of the land to those that would be consistent with the use of open space bond funds.

Budget Issues: The Town currently has $237,000 remaining in the Open Space bond fund that could be used to assist in the purchase. While we appreciate the importance of the Stillhouse Bottom natural area, we also have many open space needs related to various Town projects, especially the Bolin Creek Trail project.

We believe that Town involvement in this project is important. However, we also believe that, because we have so few open space funds remaining, that the Town should limit its participation. For this reason we recommend that the Council indicate its commitment to provide $5,000 for the project from open space funds, payable once the Botanical Garden Foundation is ready to close on the property.

RECOMMENDATION

That the Council adopt the attached resolution, which would indicate the Council’s commitment to contribute $5,000 toward the purchase of a 5.6 acre tract of property adjacent to the Stillhouse Bottom natural area. The resolution would also authorize the Manager to negotiate and execute an agreement with the Botanical Garden Foundation, Inc., that would commit Town funds in exchange for a shared conservation easement to be granted to the Town, as a co-holder, at the time of closing.

The Council could also substitute its own funding amount in the attached resolution, or choose to not fund the project at this time.

ATTACHMENT

    Map showing location of property (p. 4).