Agenda - 03-31-2008-4 - Laserfiche WebLink

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Orange County Board of Commissioners Page 2 March 14, 2008 County may use the "[60 acres] for System purposes" except for burying mixed solid waste or construction and demolition waste. On the other hand, the remainder of the property, the 104 acre parcel, is contemplated to be used for other than System purposes and that if it is used for other than System purposes there will be a "payment to the County of a Reimbursement amount for deposit in the System enterprise fund." Since the 104 acre parcel is owned jointly by Carrboro, Chapel Hill and Orange County, reimbursement by the three governments to the System enterprise fund for non - system use of the 104 acres will be in proportion to their'.ownership interests in the parcel (Carrboro 140, Chapel Hill 430, Orange County 430). There is nothing in the language of the Agreement or the Amendment that contemplates or provides for the 60 acre "System purposes" parcel to be used for other than System purposes..In fact, that parcel was deeded from Carrboro, Chapel Hill and Orange County solely for System purposes. At the time of the Agreement and the Amendment, it was contemplated that the 60 acres would be used for a MRF, transfer station or both. A copy of the minutes of the July 7, 1999 Chapel Hill Town Council meeting minutes provides a snapshot of this history. Further evidence of the intent of the parties to the Agreement that the 60 acre parcel be dedicated to System purposes is the fact that there is nothing in the Agreement or the Amendment that provides for reimbursement to the System enterprise fund in the event the 60 acre parcel is not used for System purposes. It is, of course, possible for Orange County and the towns of Carrboro, Chapel Hill and Hillsborough to further amend the Agreement to change the designation of the 60 acre parcel of the Greene Tract from "reserved for System purposes" to, essentially, the same designation as the remaining portion of the Greene Tract. Given the staff and elected official work that has been done on Greene Tract uses, that seems to me to be appropriate. If such an amendment is adopted by the parties to the Agreement, then the 60 acre portion of the Greene Tract would be available for-other than System purposes triggering the reimbursement to the System enterprise fund pursuant to the Reimbursement provision of the Agreement.