Agenda - 10-22-1997 - a - Laserfiche WebLink

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1�zhibit D Possible "Process" re-write of echo 02 concP.I7ling community benefits 3.02. Bench s to Communities. (a) Existing Landfill Site — The Parties have cooperated in beginning a process to provide public benefits to the community of residents and property owners in the neighborhood of the existing landfill. This process has included consultation between members of Governing Boards and persons belonging to such community. This process has produced a proposed list of public benefits to be provided. The existing proposed list of benefits shall be referred to a working group consisting of each Party's manager and attorney. This working group shall provide to the Parties a joint analysis of the proposed list, to include (without limitation) (i) an analysis of the estimated costs and schedules for providing particular benefits, (ii) an analysis of the legality of using System Revenues, or any portion thereof, to provide particular benefits, (iii) a recommendation of benefits to be provided, and (iv) a recommendation as to a means for carrying out recommended benefits Each Party shall then provide for its Governing Board to discuss the proposed list and the joint analysis. After this discussion, the Parties shall provide for a working group consisting of selected members of each Governing Board to meet to discuss the respective views of each Governing Board. Through this working group and continued discussion by the Governing Boards, the 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, in substantially the same manner as has been occurring. Final determinations of the public benefits to be provided, the sources for their payment and the mechanisms for providing the benefits shall be made only by agreement of all the Parties. (b) New Solid Waste Management Site — The Parties shall cooperate to provide reasonable public benefits to the community of residents and property owners in the neighborhood of the New Solid Waste Management Site, in recognition of the effects that operation of a landfill or other solid waste management or disposal site may be perceived to have on such community. This process shall be substantially the same as that described in subsection (a) above, and shall include participation by persons belonging to such community. The Commission shall be responsible for providing for such participation and for reporting on the views of community members to the Governing Boards and the working groups. Final determinations of the public benefits to be provided, the sources far their payment and the mechanisms for providing the benefits shall be made only by agreement of all the Parties. (c) In General—The public benefits contemplated by this Section 3.02 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 under applicable State or federal law. To the extent permitted by law, by this Agreement and by generally accepted accounting principles, and to the extent determined by the Parties, the costs of providing public benefits as described in this Section may be treated as an expense of the Solid Waste System and may be paid from System Revenues.