Management Options for American Tobacco Trail

SUMMARY OF POSSIBLE MANAGEMENT FRAMEWORKS FOR THE AMERICAN TOBACCO TRAIL

Prepared by the Triangle J Council of Governments, November 1998

Introduction

Local governments in the Research Triangle Region are exploring a growing number of projects that cross jurisdictional lines. One example is the American Tobacco Trail, a greenway being developed along a 23-mile stretch of abandoned railroad line running between the American Tobacco warehouse in downtown Durham and the New Hope Valley Railway in southwestern Wake County. Along this route, the corridor passes through three counties - Durham, Chatham, and Wake - and through or near three municipalities - Durham, Cary, and Apex. Once the trail has been constructed, ongoing management tasks will include maintenance, public safety, and historical-biological interpretation in the corridor. Options for carrying out these management functions include: Each of these options is described in more detail below, with a brief discussion of some of the advantages and disadvantages.

Working Independently

Local governments in North Carolina are clearly authorized to develop parks and recreation programs for their citizens.1 The primary advantage of working independently would be to leave each jurisdiction with the greatest control over the segment of the trail within its borders. Disadvantages would include the challenge of coordinating the activities of a number of different trail managers and greater difficulty providing a uniform quality of service and maintenance along the entire trail. Local governments will have to evaluate whether this approach provides the greatest potential to provide a quality service to residents in a cost-efficient manner.

1 North Carolina's Recreation Enabling Law states that "the public good and the general welfare of the citizens of this State require adequate recreation programs, that the creation, establishment, and operation of parks and recreation programs is a proper governmental function, and that it is the policy of North Carolina to forever encourage, foster, and provide these facilities and programs for all its citizens." (N.C. General Statutes, Section 160A-35 1)

Designating One or Several Local Governments

Local governments in North Carolina are expressly authorized to enter into interlocal agreements for any purpose.2 Forsyth and Guilford Counties, for example, have an interlocal agreement to manage the 400-acre Triad Park. This made sense to both parties because Guilford County does not have a Parks & Recreation Department.3 Under the agreement, the Forsyth County Parks and Recreation Department is responsible for operating and managing the park, while all costs are shared equally between the two jurisdictions. Each year, the managers of the two counties develop an operating budget and submit it to both Boards of Commissioners for approval.4

In the case of the American Tobacco Trail, it would be possible to arrange for one or several local governments along the trail to manage different segments on behalf of the others. Another possibility would be for one or several local governments to provide certain management functions along the entire length of the trail, with each jurisdiction providing the remaining tasks on an individual basis.

Pros of this arrangement would be greater management consistency throughout the length of the trail and a probable overall cost savings from having a more limited number of jurisdictions provide this service, thereby achieving some economies of scale. In addition, all participating jurisdictions would retain a measure of control through the annual budgetary approval process.

Cons of this approach would be the continued need for multiple approvals for the annual budget, creating more work for the trail management staff, and continued coordination challenges if several jurisdictions shared the management function.

2 The North Carolina General Statutes state that "Any unit of local government in this State and any one or more other units of local government in this State or any other state (to the extent permitted by the laws of the other state) may enter into contracts or agreements with each other in order to execute any undertaking. The contracts and agreements shall be of reasonable duration, as determined by the participating units, and shall be ratified by resolution of the governing board of each unit spread upon its minutes." (N.C. General Statutes, Section 160A-461, 1997)

3 Personal communication with Mark Serosky, Director, Forsyth County Parks and Recreation Department, 10/5/98.

4 Agreement Between the Counties of Guilford and Forsyth (January 1996).

Establishing a Joint Agency

Under the interlocal agreement provisions in the North Carolina General Statutes, units of local government may enter into an agreement with one another to establish a joint agency. 5 Such an entity would have a freestanding administrative structure and a separate Board of Directors. Several water and sewer service providers across the state approximate this arrangement. 6 One advantage would be to give the management entity greater independence to pursue its mission. Local governments could still maintain significant influence through membership on the Board and annual budget allocations. In addition, the agency could provide greater consistency and economies of scale in managing the corridor. Disadvantages would include less direct control by local governments and a potentially greater administrative burden if the agency was housed in separate office.

5 Section 160A-462 of the N.C. General Statutes reads that:

"(a) Units agreeing to an undertaking, may establish a joint agency charged with any or all of the responsibility for the undertaking. The units may confer on thejoint agency any power, duty, right, or function needed for the execution of the undertaking, except that legal title to all real property necessary to the undertaking shall be held by the participating units individually, or jointly as tenants in common, in such manner and proportion as they may determine.

(b) The participating units may appropriate funds to the joint agency on the basis of an annual budget recommended by the agency and submitted to the governing board of each unit for approval."

6 Personal communication with Jake Wicker, Institute of Government, 11/9/98.

Creating a Separate Parks Authority

Another option would be to seek passage of state legislation establishing a separate parks or trail authority. This is how the Raleigh-Durham Airport Authority and the Triangle Transit Authority (TTA) were created. Local governments maintain a say in the operations of both of these authorities through representation on the Board of Directors. Typically, authorities are organized with their own source of funding.7 The airport authority gets its funding from annual fees contributed by each member jurisdiction, as well as from tenant rent, user fees such as parking charges, and interest on invested funds. TTA derives its funding from passenger fares, an annual vehicle registration tax, and a 5% tax on rental cars, as well as state and federal planning and capital grants.

One example of a parks authority in North Carolina is the Tanglewood Park in Forsyth County. The park funds its on-going operations through a number of revenue-generating activities including a golf course, campground, bed and breakfast inn, motor lodge, swimming pool, and rental boats. The park Board of Directors is composed of 19 members, 7 appointed by the Forsyth County Commissioners and 12 appointed at large by the rest of the board.8

In addition to greater management consistency and economies of scale, pros of this approach would potentially include a dedicated funding source, leading perhaps to greater institutional stability and consistency of service over time. Cons would include a more complicated process of initial creation with the necessity of passing state legislation, as well as somewhat less direct jurisdictional control.

7 Personal communication with Jake Wicker, Institute of Government, 10/5/98.
8 Personal communication with Bob Goff, Director, Tanglewood Park.

Adding the Corridor to the State Park System

Another possibility is to seek passage of legislation adding the American Tobacco Trail to the state parks system as a state recreation area or state trail. Advantages of this approach would include not only greater management consistency and economies of scale, but also a shifting of the funding burden to taxpayers throughout the state. Cons would include diminished local government control and the possibility of service provision at a level lower than that desired by local jurisdictions.

Using a Combination of Approaches

Finally, a combination of the techniques outlined above could be used to manage the trail.