Agenda - 02-02-2010 - 6e - Laserfiche WebLink

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4 ORANGE COUNTY SOLID WASTE LANDFILL IMPACT ZONE NO FAULT WELL REPAIR POLICY AUTHORIZATION In 1999, Orange County, the Town of Chapel Hill, the Town of Carrboro and the Town of Hillsborough entered into agreement whereby Orange County (subject to the terms of the agreement) assumed the solid waste management responsibility for the disposal of solid waste county-wide. Among items covered within that agreement were provisions to address community improvements within the `areas' neighboring the existing landfill. Page 9-10 of the agreement provides: PART 6. The County will finance community benefits from system funds to the extent legally permissible. The Parties will cooperate to provide public benefits to the community of residents and property owners in the neighborhood of the existing landfill. The Parties note the expected forthcoming report of the Landfill Benefits Committee that has been studying the question of community benefits. Upon the release of the report, each Part shall provide for its Governing Board to discuss the working group's proposal for community benefits, and shall provide for such legal and other staff analysis of the proposed list as it may deem appropriate (especially including legal analysis concerning the use of System funds to pay the costs of such benefits). After each Party has completed its own analysis, the Parties shall work together, diligently and in good faith, to reach an agreement as to community benefits to be provided. The purpose 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. Action taken to address any issue determined to fall within the scope of the agreement of the Parties is subject to revenues attributed to the operation of the landfill or the willingness of the Parties to fund improvements beyond the scope of landfill revenues.