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Agenda - 06-15-1999 - I
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Agenda - 06-15-1999 - I
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BOCC
Date
6/15/1999
Meeting Type
Work Session
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Agenda
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I
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Minutes - 19990615
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purposes. The County states its current intention not to bury mixed solid waste or construction <br />and demolition waste on any portion of the Greene Tract. The County states its recommendation <br />to future County Governing Boards that the County make no such burial. <br />The Greene Tract Owners agree to bargain together in good faith and with all due <br />diligence, and to use their respective best efforts, to determine an ultimate use or disposition of <br />the remainder of the Greene Tract as soon as possible and in any event by June 30, 2001. During <br />this bargaining period, no Greene Tract Owner shall make any use of the remaining portion of <br />the Greene Tract without the consent of the other Greene Tract Owners. <br />The Greene Tract Owners agree that among the issues to be addressed in the bargaining <br />process are (1) the specific future uses, or ranges of use, to be made of the Greene Tract <br />(including issues of devoting different portions to different uses, devoting portions to public uses <br />and the possibility of making portions available for sale or private use), (2) whether to impose <br />specific use restrictions, either through deed restrictions or through governmental regulation, and <br />(3) issues of reimbursement to the landfill fund (both legal issues and issues of the extent of <br />reimbursement). The Greene. Tract Owners agree that during the bargaining period each should <br />provide opportunity for public comment on possible or proposed uses or dispositions. <br />Prior to July 1, 2001, no Greene Tract Owner shall (1) file any legal action or proceeding <br />to force any sale or division of the Greene Tract, or (2) enter into any agreement to sell, <br />mortgage or otherwise transfer all or any part of its ownership interest in the Greene Tract, in <br />either case without the consent of the other Greene Tract Owners. To the extent permitted by <br />law, Chapel Hill agrees not to initiate any proceeding to rezone any portion of the Greene Tract <br />prior to July 1, 2001, without the consent of the other Greene Tract Owners. <br />On or after July 1, 2001, no Greene Tract Owner shall (1) file any legal action or <br />proceeding to force any sale . or division of the Greene Tract, or (2) enter into any agreement to <br />sell, mortgage or otherwise transfer all or any part of its ownership interest in the Greene Tract, <br />in either case without giving the other Greene Tract Owners at least 60 days' prior notice of such <br />filing or entering into an agreement. In addition, on or after July 1, 2001, any Greene Tract <br />Owner may give 60 days' prior notice of an election to be no longer bound by the restrictions of <br />this Part 5, and such election shall be effective at the end of the notice period. <br />6. The County will finance community benefits from <br />System funds to the extent legally permissible. <br />The Parties will cooperate to provide public benefits to the community of. residents and <br />property owners in the neighborhood of the existing landfill. <br />The Parties note the expected forthcoming report of the Landfill Community Benefits <br />Committee that has been studying the question of community benefits. Upon the release of the <br />report, each Party shall provide for its Governing Board to discuss the working group's proposal <br />for community benefits, and shall provide for such legal and other staff analysis of the proposed <br />list as it may deem appropriate (especially including legal analysis concerning the use of System <br />funds to pay the costs of such benefits). After each Party has completed its own analysis, the <br />Draft of June 1, 1999 7 <br />
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