Agenda - 04-06-2021; 6-a - Interlocal Agreement Regarding the Current and Future Use of the Jointly Owned Greene Tract

Browse Search

2 reading of the document and proposed revisions. Following this meeting, the Orange County Attorney edited the document, based on comments received, and provided the revised ILA to the MMC. On February 26, 2021, the MMC reviewed and discussed the revised draft of the ILA. Due to concerns with Section 5, Disputes, revisions were made to the document. At that meeting, the MMC decided to move forward with presenting the ILA to their respective Boards in April. Greene Tract Interlocal Agreement The attached Interlocal Agreement ("Agreement"), contained in Attachment 1, related to the Greene Tract is intended to begin the process of resolving longstanding issues related to the property that began with the adoption of the 1999 Agreement for Solid Waste Management by and between the Towns of Carrboro and Chapel Hill and Orange County. The Greene Tract was addressed briefly in the 1999 agreement primarily in requiring the parties to determine the ultimate uses of the property. The process to make the determination of uses was initiated several times over the years, but was never completed. The key aspects of the Agreement include the following: ■ An initial two-year term followed by five five-year terms; ■ Termination of the Agreement by either mutual agreement of all parties or by any single party upon 60 days' written notice to the other parties; ■ Requiring that the parties act jointly in selecting professional services, entering development agreements, engaging in public outreach, receiving public input, assigning the Mayors, Chair, and Managers to form a working group to negotiate ultimate uses of the Greene Tract before submitting their recommendations to the governing boards of the parties, and reaching final determinations of the ultimate uses of the property within 18 months of execution of the Agreement; ■ Agreeing that the initial intent of the parties is for the property to include mixed use and affordable housing, a school site with a public recreation component, a joint preserve area, and connectivity (pedestrian, vehicular, utility, transportation); ■ Providing a dispute resolution process that requires good faith participation by the parties and includes initial negotiation by the working group followed by mediation if necessary; ■ Providing a means by which the parties may partition their ownership interests and dispose of the property if agreement cannot be reached on the ultimate uses of the property. The Interlocal Agreement is planned for adoption consideration at the April 6, 2021 Carrboro Town Council meeting and the April 7, 2021 Chapel Hill Town Council meeting. Any amendments to the Interlocal Agreement by the Town of Chapel Hill or the Town of Carrboro would prompt a return to the BOCC for consideration. Greene Tract Update Additional information on the Greene Tract, including next steps following the adoption of the Interlocal Agreement, is contained in Attachment 3. Staff will not present the update at the BOCC meeting, but will be available to address any questions. FINANCIAL IMPACT: There is no direct financial impact associated with the Greene Tract ILA.