Minutes - 20080115 - Late - Laserfiche WebLink

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staff to give UNC 90 days to do due diligence. He said that they really need this in order to apply University funds to this project. There is a lot of work to be done in a very short period of time. He said that they need some green light from Orange County to wait 90 days for them to process this. He said that if the County did a parallel process, UNC may not be able to proceed with this. Commissioner Nelson made reference to the second bullet on page 4, which reads, "This is an exclusive relationship and neither the University nor the County will enter into a conflicting agreement to develop an energy program based on the County's landfill gas prior to the expiration of the 90-day term discussed herein." He said that the way he reads this is that it would not preclude the County from developing RFPs and advertising. Laura Blackmon said that she would agree with this. She said that the County could prepare itself and not make any commitment. Commissioner Nelson said that he would be comfortable in saying that the proposals would not be open until after the 90 days. Geof Gledhill said that he agreed that the language written says that this is an exclusive relationship and neither the University nor the County will enter into a conflicting agreement prior to the expiration of the 90 days. He does not think the language precludes the County from finding out what else is available. Commissioner Gordon said that the staff came forward with a recommendation to solicit RFPs, and then the University expressed interest in working with the County, so the Board told staff to do that. At that point, she thinks that the County Commissioners told the University that there would be an exclusive relationship for a finite period of time. Laura Blackmon said that there is no guarantee to begin with that the County will want to enter into an agreement after 90 days anyway. Commissioner Gordon said that she shares Commissioner Nelson's concerns about the emissions, and she asked for clarification of what was promised. Chair Jacobs asked if the Board wanted to meet past 10:30 p.m., and the Board agreed to defer item 6-c until February 51h Laura Blackmon said that the University asked for 90 days to do due diligence on December 111h, and the Board of County Commissioners agreed for staff to meet with UNC representatives to look at the possibility of a memorandum of understanding, with the idea that an agreement would be brought forth at the end of the 90 days. She does not feel like there was a commitment for exclusivity. Commissioner Carey said that he knew that when the County Commissioners made the decision to work with the University for 90 days that there was an element of risk, but there is also an element of good faith. He does not want to issue any RFP's now, but maybe later. He wants to give the University the chance. Laura Blackmon said that they could ask the University every 30 days for a status report, and after 90 days, if they need more time, the Board of County Commissioners would weigh in then. Chair Jacobs verified that any information that the University collects would be public. He said that the County Commissioners need to keep their options open, but he agrees with Commissioner Gordon and Commissioner Carey to stay the course with the University, with the understanding that the County is taking a risk. He would want staff to be ready with RFPs on the 91st day, just in case it does not work out. Commissioner Foushee said that she would want to see within the MOU that the 30- day status reports are included. A motion was made by Commissioner Foushee, seconded by Commissioner Carey to approve a Memorandum of Understanding with UNC, with 30-day status reports, for the