2000 NS Carrboro, Chapel Hill, Hillsborough Solid Waste Management Interlocal Agreement

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26 A RESOLUTION PROVIDING FURTHER AUTHORIZATION FOR THE MAYOR TO EXECUTE AN AGREEMENT FOR SOLID WASTE MANAGEMENT, THEREBY TRANSFERRING RESPONSIBILITY FOR SOLID WASTE MANAGEMENT FROM THE TOWN OF CHAPEL HILL TO ORANGE COUNTY(99-6-21/R-1) WHEREAS, on June 14, 1999, the Town of Chapel Hill Town Council adopted a resolution authorizing the execution of an Agreement for Solid Waste Management to transfer management responsibility for all disposal, recycling, waste reduction and materials processing to Orange County; and WHEREAS, after consideration of the actions taken by the governing bodies of the other prospective parties to the Agreement, the Council has determined to modify the terms of its approval to allow for the completion of the Agreement; NOW, THEREFORE, BE IT RESOLVED by the Town of Chapel Hill Town Council, as follows: 1. The Council approves the draft Agreement for Solid Waste Management dated June 1, 1999,previously provided to Council, with the following modifications: (a) Part 5 of the Agreement (relating to the Greene Tract) shall be modified to prohibit the use of the 60-acre portion of the Greene Tract that is to be transferred to the County for burying solid waste or as a C&D landfill, while facilitating the County's use of the property for other solid waste management purposes. The second paragraph of Part 5 shall be amended to read substantially as follows: Chapel Hill, Carrboro and the County (the "Greene Tract Owners") will transfer to the County title to that portion of the Greene Tract described on Exhibit E, which contains approximately sixty acres. The County may use the property described on Exhibit E for System purposes. The deed to the County for such 60- acre portion (a) shall contain a restriction prohibiting the use of that property for burying solid waste or as a C&D landfill, and (b) shall expressly allow other solid waste management uses of the property (including, but not limited to, use as a transfer station or a materials recovery facility. Chapel Hill agrees to begin, and states its current intent to complete, the process to make such other solid waste uses of this property permitted uses of the property (that is, subject to staff-level site plan and similar reviews but not subject to special use permit or other similar processes). (b) The Agreement shall have additional modifications to describe more explicitly the integrated solid waste management plan that the parties have already adopted and to affirm the goals of the plan (including the goals for the reduction of the solid waste stream), while acknowledging the County's discretion to change the plan to match system resources and requirements. Toward that end: (i) The Agreement shall be amended by adding a new definition of "Integrated Solid Waste Management Plan" substantially as follows: