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2 <br /> A two-part presentation was provided to the BOCC at its meeting on December 11, 2008. The <br /> BOCC raised several questions for County staff to address before returning the proposed <br /> agreement to a subsequent agenda for action. These questions were examined and reported <br /> satisfactorily to the BOCC on February 3, 2009. Additionally, County staff in further review with <br /> UNC representatives after December 11 noted and reported to the BOCC serious shortcoming <br /> in the material terms of the proposed agreement involving undue risk and exposure to the <br /> County on termination rights and revenues for flaring. The County and UNC re-entered <br /> negotiations but ultimately arrived at a critical impasse which led to the BOCC receiving a series <br /> of options for consideration on February 3, 2009, including acceptance of the proposed <br /> agreement "as is"; pursuit of a final compromise position, or issuance of an RFP to solicit <br /> different vendors. Following a summary presentation by County staff and special legal counsel <br /> to the County at the February 3, 2009 BOCC meeting, and following additional information and <br /> verbal assurances offered by UNC in response to this presentation; the BOCC voted <br /> unanimously to approve the agreement subject to certain revisions agreed to by representatives <br /> of UNC during the meeting. The revisions agreed to during the February 3rd meeting as well as <br /> several other necessary technical revisions agreed to by lawyers for both UNC and the County <br /> are shown in redline form on the attached final agreement. <br /> FINANCIAL IMPACT: <br /> During the term of the proposed agreement, revenue to the Solid Waste Enterprise Fund could <br /> range from $115,000 to $140,000 annually, with the potential for an additional $3,500 to <br /> $40,000 annually from the sale of renewable energy credits. The actual income will be variable <br /> and based on the actual implementation the University's development timeline, landfill methane <br /> output, natural gas price fluctuations, federal greenhouse gas policy and other economic <br /> externalities. <br /> RECOMMENDATION(S): <br /> The Manager recommends the Board approve the Landfill Gas Agreement and authorize the <br /> Chair to sign. <br />