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Agenda - 04-21-2009 - 6a
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Agenda - 04-21-2009 - 6a
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Last modified
4/22/2009 10:27:48 AM
Creation date
4/20/2009 1:38:19 PM
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BOCC
Date
4/21/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6a
Document Relationships
2009-020 Solid Waste - Coleman Gledhill Hargrave - Letter Agreement between Orange Co. and Womble Carlyle for special legal services
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\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
Minutes - 20090421
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\Board of County Commissioners\Minutes - Approved\2000's\2009
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<br />undesirable situation of the landfill reaching capacity before the new transfer station is available. <br />While the recent survey unexpectedly indicated about a year additional capacity staff must <br />confirm this result given the degree of change and the significance of additional capacity to the <br />decision making process. A second survey is being scheduled with results to be reported to the <br />BUCC. <br />Contin enc Plannin <br />There are three approaches to hvw grange County will handle the locally collected waste <br />should the landfill reach capacity pr'~or to the availability of a new transfer station: <br />• Reduce the quantity of incoming waste to the .landfill by eliminating non-lnterlacal <br />government partner customers <br />a C]nce capacity is reached, divert al[ government and private customer waste to out~of- <br />county regional transfer stations <br />® Develop a temporary waste transferldiversion operation at the landfill 4non-landfill <br />temporary waste transferldivesion locations would be much mare difficult, costly and <br />time-consuming to permit} <br />The details and implications of each option are presented in~the attached Ulver, Inc. report. <br />However, it appears extending landfill capacity through capacity management planning is far <br />preferable to the extent it can be achieved. <br />See Attachment F(a) <br />NEXT STEPS <br />After the State Clearinghouse Report has been received, reviewed and ruled upon by the <br />Planning Department, County Management will bring that information back to the BC~CC for <br />discussion as part of the final site selection process for the waste transfer station. <br />~7nce the B4CC has approved a final site far the waste transfer station staff will proceed <br />expeditiously to create a citizens Advisory Committee consistent with .the report <br />recommended at the January 2~ BCC meeting, as amended to include inviting the towns to <br />participate in the committee with the goal of minimizing negative impacts for ail entities involved. <br />The County may also need the services of special counsel to handle litigation potentially <br />emanating from any of the solid~waste disposal alternatives now under consideration or which <br />may hereafter be considered. The County Attorney recommends the County employ the~firm o <br />Womble Carlyle Sandridge and Rice for this purpose as provided in the letter agreement that is <br />attached. The County will incur no expense by employing Womble Carlyle unless it engages <br />that firm in necessary covered litigation <br />See Attachment F(b) (Womble, Carlve Letter) <br />FINANCIAL. IMPACT: There will likely be substantial costs to the County in the overall land <br />acquisition, design, and development .af a selected site and the permitting and construction of <br />the actual facility along with any ancillary features the B4CC may authorize. There are also <br />costs associated with the various surveys, appraisals, analyses, and contingency <br />implementation strategies that involve outside vendors and consultants. <br />
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