Agenda - 06-15-1999 - I - Laserfiche WebLink

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Parties shall work together, diligently and in good faith, to reach an agreement as to community benefits to be provided. The process of determining community benefits shall continue to include participation by persons belonging to the relevant community. Final determinations of the public benefits to be provided, the sources of financing and the mechanisms for providing the benefits, however, shall be made only by further agreement of all the Parties. The Parties state their preference that benefits be financed from System funds to the extent permitted by law. To the extent permitted by law and by generally accepted accounting principles, to the extent determined by the Parties and notwithstanding any other provision of this Agreement, the costs of providing public benefits as described in this Part 6 may be treated as an expense of the System and may be paid from System Revenues. The public benefits contemplated by this Section are to be considered as separate and distinct from any compensation determined to be owed for any "taking" of an interest in property as determined by State or federal law. 7. The parties will establish an advisory commission. The Parties hereby establish the Orange County Solid Waste Management Advisory Commission to advise the County's Governing Board on matters related to the System and the Solid Waste Management Plan and Policies. The Advisory Commission shall meet for the first time not later than September 16, 1999, on the call of the members appointed by the County. The Parties will continue to work through the existing Landfill Owners' Group ( "LOG ") on matters of solid waste management policy and operations until the Advisory Commission begins to meet. The LOG shall continue to operate by consensus, but the Parties intend that the LOG shall make no recommendations for major financial commitments until it dissolves or is replaced by the Advisory Commission. Each Party shall appoint two members to the Advisory Commission. Exhibit C sets forth details concerning the Advisory Commission's responsibilities and the procedures that it shall follow, and also sets forth the Parties' agreement as to the appointment and terms of office of Advisory Commission members. If at any time the University of North Carolina agrees to comply with the, provisions of Part 2 with respect .to its facilities and operations in Orange County, then the Parties agree that the University, through its President, shall be entitled to .appoint to the Advisory Commission one voting member, having- one vote. Any initial University member shall serve for a term ending on the third June 30 following the member's appointment, and any succeeding University member shall serve for a three -year term (with there being no limits on the reappointment of University members). The limitations in Exhibit C excluding employees of Parties from serving on the Advisory Commission do not apply to the University or University members. The Parties agree to enter into a supplement or amendment to this agreement to include provisions reasonably necessary or appropriate to provide for the University's participation on the Advisory Commission in such circumstances. Draft of June 1, 1999 8