Agenda - 05-04-2021; 8-a - Minutes

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37 1 The Board considered voting to approve an Interlocal Agreement between Orange 2 County, the Town of Chapel Hill, and the Town of Carrboro regarding the current and future use 3 of the jointly owned Greene Tract. 4 5 BACKGROUND: 6 The Greene Tract is a 164 acre parcel of which 104 acres is jointly owned by Orange 7 County/Chapel Hill/Carrboro and 60 acres owned by Orange County (Headwaters Preserve). 8 The parcel is located east of the Rogers Road community within the Town of Chapel Hill's ETJ 9 (Extra-Territorial Jurisdiction) — see vicinity map in Attachment 4. In May 2017, a joint staff work 10 group began to examine the preservation and development potential of the Greene Tract. This 11 process included specific elements and goals including, but not limited to: 12 • incorporate a future elementary school and park site, 13 • preserve valuable environmental features and corridors, 14 • protect historical and cultural resources, 15 • encourage cost effective infrastructure, and 16 • identify areas for future development. 17 18 In addition, the Managers, Mayors, and Chair (MMC) recommended staff examine the 19 reconfiguration of the joint owned and County owned tracts. 20 21 Greene Tract Resolution for a Path Forward 22 In January 2020, the Towns and County adopted the 2020 Greene Tract resolution. Not only did 23 this resolution identify land use acreages for the Greene Tract and initiate an environmental 24 assessment, but it also initiated the drafting of an Interlocal Agreement between the three 25 jurisdictions. This document would provide a decision-making process for the three jurisdictions 26 to agree to. 27 28 Managers, Mayors, and Chair(MMC) Meetings 29 On February 14, 2020, the Managers, Mayors, and Chairs (MMC) met to review the draft 30 Greene Tract Interlocal Agreement (ILA). At that meeting, the group completed a thorough 31 reading of the document and proposed revisions. Following this meeting, the Orange County 32 Attorney edited the document, based on comments received, and provided the revised ILA to 33 the MMC. 34 35 On February 26, 2021, the MMC reviewed and discussed the revised draft of the ILA. Due to 36 concerns with Section 5, Disputes, revisions were made to the document. At that meeting, the 37 MMC decided to move forward with presenting the ILA to their respective Boards in April. 38 39 Greene Tract Interlocal Agreement 40 The attached Interlocal Agreement ("Agreement"), contained in Attachment 1, related to the 41 Greene Tract is intended to begin the process of resolving longstanding issues related to the 42 property that began with the adoption of the 1999 Agreement for Solid Waste Management by 43 and between the Towns of Carrboro and Chapel Hill and Orange County. The Greene Tract 44 was addressed briefly in the 1999 agreement primarily in requiring the parties to determine the 45 ultimate uses of the property. The process to make the determination of uses was initiated 46 several times over the years, but was never completed. 47 48 The key aspects of the Agreement include the following: 49 ■ An initial two-year term followed by five five-year terms; 50 ■ Termination of the Agreement by either mutual agreement of all parties or by any single 51 party upon 60 days' written notice to the other parties;