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10 <br />Orange County. Board of Commissioners <br />Page 2 <br />Match 14, 2008 <br />County may use the "[60 acres] for System <br />burying mixed solid waste or construction <br />purposes"•except for <br />and demolition waste. <br />On the other hafad, the remainder of the property, the 104 acre <br />parcel, is contemplated to be used for other than System <br />purposes and that if it is used for other than System Purposes <br />there will be a 'payment to the.County of a Reimbursement amount <br />for deposit in the System enterprise fund." Since the 104 acre_ <br />parcel is owned jointly by Carrboro, Chapel Hill and Orange <br />County, reimbursement by the three governments to the System, <br />enterprise fund for non-system use of the 104 acres will be in <br />proportion to their.ownership interests in the parcel (Carrboro <br />140, Chapel Hill 43%, Orange County 43%). <br />. There is nothing in the language of the.Agreement or the <br />Amendment that contemplates or provides for the 60 acre "System . <br />purposes" parcel to be used for othec'than System purpose8..Tn <br />fact, that parcel was deeded from 'Carrboro,. Chapel Hill and <br />Orange County solely for System purposes. At the time of the <br />.Agreement and the Amendment, it was contemplated that the 60 <br />acres would be used for a MRF, transfer station I ar.both. A copy <br />of the minutes of the July 7, 1999 Chapel Hill Town Council <br />meeting minutes provides a snapshot of thip history. Further <br />evidence of the intent of the parties to the Agreement that the <br />60 acre parcel be dedicated to System purposes i6 the fact that <br />there is nothing in the Agreement or the Amendment that provides <br />for reimbursement to the System enterprise fund In the event the <br />60 acre parcel is not used for System purposes. <br />It is, of course, possible for Orange County and the towns <br />of Carrb6ro, Chapel Rill-and.Hillsborough to further amend the <br />Agreement to change the designation of the 60 acre parcel of the <br />'Greens Tract from "reserved for System purposes" to, <br />essentially, the same designation as the remaining portion of <br />the Greene Tract. Given.the staff and elected official work that <br />has been.done on Greene Tract uses, that seems to me to be <br />appropriate.'If such an amendment is adopted by the parties to <br />the Agreement, then'the 60 acre portion of the Greene Tract <br />would be available fok-other than System purposes triggering the <br />reimbursement to the System enterprise fund pursuant to the <br />Reimbursement provision of the Agreement. <br />