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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: December 11, 2008 <br />Action Agenda <br />Item No. 3-q <br />SUBJECT: UNC/Orange County Landfill Gas Recovery Agreement <br />DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />(Under Separate Cover) <br />Public Information Meeting Presentation <br />Pro forma <br />Proposed Agreement <br />INFORMATION CONTACT: <br />Gwen Harvey - 245-2307 <br />Gayle Wilson - 968-2885 <br />Brian Ferrell - 732-2196 <br />PURPOSE: <br />To present for BOCC review and comment the proposed agreement for the joint UNC/Orange <br />County Landfill Gas Recovery Project <br />BACKGROUND: <br />In January 2008 the BOCC authorized entering into an Memorandum of Understanding (MOU) <br />with -the University of North Carolina at Chapel Hill to ensure due diligence and anticipate <br />effective implementation of a landfill gas recovery project. On April 15, 2008 the BOCC received. <br />a project update and request to proceed, and authorized County staff to move forward with the <br />development of a proposed final contract with UNC. The law firm of Alston & Bird, LLP, and <br />Attorney David M. Meezan, and his associate, Timothy Wang, were retained by the BOCC in <br />June 2008 to assist the County with the final negotiation and drafting of an agreement. <br />County and UNC representatives have used the ensuring period over a series of strategy <br />sessions to define and make determinations on a large number of highly complex details <br />pertaining to project development, ownership, operations, maintenance, financing, and <br />compensation. Both parties are now prepared to present the outcome of their negotiations to <br />date to the BOCC for its review and comment. It is our understanding the UNC administration <br />remains committed to project implementation and in full support of the contents of the proposed <br />agreement. <br />A two-part presentation is planned to occur on December 11, 2008. First, John Masson, with <br />the UNC team, will provide a PowerPoint presentation on the joint landfill gas recovery project <br />as was provided at the Public Information Meeting held on October 13, 2008. Second, Attorney <br />Meezan will _provide an_ overview. and respond to questions concerning the actual terms and <br />conditions of the proposed agreement. <br />