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HomeMy WebLinkAboutAgenda - 04-08-2008-4ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 8, 2008 Action Age ~a Item No. SUBJECT: Greene Tract Status Report and Decision Points DEPARTMENT: Managers Office PUBLIC HEARING: (Y/N) No ATTACHMENTS: 1. Greene Tract Development Feasibility Abridged Report 2. Adopted Greene Tract Concept Plan Map 3. Abridged March 24 Gwen Harvey Memorandum (includes County Attorney Letter) 4. Proposed Environmental Preservation Parameters and Principles INFORMATION CONTACT: Gwen Harvey, Assistant County Manager, 245-2307 Craig Benedict, Planning and Inspections Director, 245-2592 Dave Stancil, ERCD Director, 245-2598 Tara Fikes, Housing/Community Development Director, 245-2490 Gayle Wilson, Solid Waste Management Director, 968-2885 PURPOSE: Discussion of the Greene Tract regarding various aspects of development and preservation. BACKGROUND: The use of the Greene Tract is subject to the Solid Waste Agreement of 1999 and the Greene Tract Resolution of 2002. Although the discussion and development of the Greene Tract has come up regularly at the Assembly of Government over the last few years, in the spring of 2007 the Assembly of Government agreed to use a subcommittee to more fervently examine the issues prerequisite and surrounding the development and preservation of the Greene Tract. A group of elected officials met twice with the managers, and staff to discuss the following topic areas: a. BACKGROUND LAND USE AND OWNERSHIP b. ENVIRONMENTAL/NATURAL FEATURES/PRESERVATION PARAMETERS C. UTILITY EXISTING AND PROPOSED d. TRANSPORTATION AND ACCESS e. AFFORDABLE HOUSING TRACT DEVELOPMENT ALTERNATIVES f. COMMUNITY TASK FORCE Discussion points on each topic follow a general description of the pertinent issues noted above (Attachment 1). FINANCIAL IMPACT: Please refer to reimbursement program and memo from Gwen Harvey of March 24, 2008 (Attachment 3). RECOMMENDATION: Manager recommends that the board discuss the decision points in preparation of a future meeting with other Greene Tract partners on April 29tH Attachment 1 3 GREENE TRACT DEVELOPMENT FEASIBILITY ABRIDGED REPORT a. BACKGROUND; LAND USE AND OWNERSHIP 1. The disposition of the Green Tract is subject to a 1999 Interlocal Agreement and the Green Tract Workgroup of 2002. Tract 1 - 60-acre area owned by Orange County Solid Waste Enterprise. Tract 2 - 18.1-acre is identified for Affordable Housing is jointly owned by Orange County, Chapel Hill and Carrboro. Tract 3 - 85.9-acre is identified for open space is jointly owned by Orange County, Chapel Hill and Carrboro. b. ENVIRONMENTAUNATURAL FEATURES/PRESERVATION PARAMETERS The Greene Tract is the headwaters of three sub-basin watersheds. The property includes a mix of mature hardwoods and pine. Tract 1 contains the most mature hardwood areas (and the more significant habitat diversity), with Tract 2 yielding more of a pine/mixed forest cover. Tract 3 features mixed hardwood and pine, and the remains of two former residences. Triangle Land Conservancy (TLC) has agreed to hold a conservation easement on the jointly held open space in Tract 3, and has asked that the County's adjoining 60 acres (Tract 1) also be protected. TLC has also agreed to the potential additional activities that have been part of recent discussions (please see Attachment 3 March 24 memo). Any future recreation areas associated with Tract 2 would be removed from the easement on Tract 3. These uses would be a change from the adopted 2002 concept plan map. Issues: 1. Do the three jurisdictions wish to proceed with placing a conservation easement on Tract 3 (as potentially modified below), and adopt a revised concept plan? 2. Does Orange County wish to amend the Interlocal Agreement to provide for and place a separate conservation easement on its 60 acres (Tract 1), with lessened monitoring provisions? 3. Does the County agree with the proposed Guiding Principles and Parameters (Attachment 4) for the conservation easement(s). 4. There will likely be some stewardship endowment funding requested by TLC for the easement on Tract 3, not yet been calculated. C. UTILITY EXISTING AND PROPOSED 1. Water utilities are presently adjacent to the Affordable Housing portion of Green Tract. 2. Gravity sewer is not yet available but will be available concurrent with an adjacent Habitat for Humanity project (in the Chapel Hill review process) to the west of the Affordable Housing tract. Attachment 1 4 The Affordable Housing tract general location was chosen because the topography would allow it to flow by gravity to the southwest where sewer is closest (as well as being least sensitive from a biological standpoint). A smaller portion (4-5 acres) part of the 85.0 acres Tract 3 site adjacent and south of Tract 2 Affordable Housing could be used as parks and recreation space for the school and community since it would not need gravity sewer. Issue: New water lines of adequate size will have to be `looped' through the future project to other existing facilities to accommodate water usage and fire flow of proposed uses. [whether Affordable Housing and/or school]. d. TRANSPORTATION AND ACCESS Presently Purefoy Road is the only constructs to the Greene Tract access but a variety of possible access points are being examined to provide a better access system to the area. The Chapel Hill Rogers Road Task Force accented this additional access need. Issue(s): Purefoy Road will have to be upgraded. Another access /roadway will also need to be constructed to distribute traffic in the Green Tract/Rogers Road area. Access pathways that connect to Rogers Road north of Purefoy or to Eubanks Road west of the Solid Waste Operations Center are viable alternatives. Access to the east requires crossing of the railroad and traversing of the open space tract. Access to the south is problematic because of the length, topography, and subdivision road upgrading and bad access point to Homestead Road. e. AFFORDABLE HOUSING TRACT DEVELOPMENT ALTERNATIVES (SCHOOLS?) The Affordable Housing tract. is 18.1 acres and was situated within the Green Tract because of its locational ability to have sewer extended, and less-significant natural habitat. The amount of units or type of housing has not been determined. Recent discussions with the Chapel Hill/Carrboro school board may lead to adding part of this 18 acre site as another elementary school site option while maintaining affordable housing development potential. The February meeting gave focus to a request pending from the Chapel Hill Carrboro City School Board to site an elementary school on the Greene Tract, and how its approval would impact intent and reservations for open space and affordable housing as contained within the Inter Local Agreement. It was understood that the CHCCS Board would be approaching the Rogers Road Task Force to preview the possibility of a public school site on the Greene Tract. That presentation took place on March 13 and was favorably received by the Task Force. County staff in attendance was able to provide a broad overview of site entry alternatives and a baseline number of affordable housing units that might be developed in concert with a school site. Attachment 1 5 issue(s): 1. How much of the Affordable Housing tract could be used for school uses? 2. How much of the open space tract could be used for park uses? 3. Are there thoughts of what type and number of the Affordable Housing units would be suggested on the remaining Affordable Housing tract? f. COMMUNITY TASK FORCE The Rogers Road Task Force supported the idea by task force resolution of a school and park as part of the Affordable Housing tract area at the end of Purefoy Road by passing a task force resolution. Possible Steps for Consideration 1. Receive report on 4/8/2008 during Work Session in anticipation of jurisdictions receiving report on 4/29/08. 2. Amendments to Solid Waste Inter Local Agreement drafted and approved by the three boards to provide for non-solid waste uses on the Gounty's 60-acres 3. The Greene Tract Concept Plan map from 2002 is amended and adopted by the three boards 4. A revised repayment schedule reflecting proportional shares of the County's 60-acres is created and agreed to by the three boards 5. Conservation easements executed, and other activities on site proceed Note: Steps 3, 4, and 5 could be concurrent. Attachment ~ 6 r~~r~~ Tact ~r~c~t F'Ir~ Approved by~the Greene Tract'1J~forkgroup, 6I~610~ rf - Landfill ~"~., ;~ ' ~,~,~,~ ' _ ~`` % , `~--.. f t 4~r '„ 1'.i~B l ~i * l 2 r ~ ~~J 1- r f„ ~.x--•.""'---`~`j r.r''f~ Jrr ~ ~`,.~ - ~ ~ ~t "~, r,,. ti--~-,. r- 4 r' tr / ~,l~''^'-``} i1 '~ f ~f r 1•~ +t `4.... 4•ti ~~h ~. r.r~ ~, ~ r"'^ ~:7•` \~ ,~.' ~ I ,. ! ~ ll lip } ti r f ~fy rr, - ~- .~ ~~ ;~: ~r ~ f ~ ~ f'r Landfill. ~ .~*{~+ r'f I ~' ~r ~' I~ r` fr% Fy ti;;, ~~'' 4 ~ ~.. r ~~ t ~.., ~~ ~,; ,>, r~ `~ J ti ' ~ i ~~ ,,-,t C~Jevi II e ~- ~~l'~. ~.~ ll ~ , ~,.~ r ~``---wJ `~.L Tract _- - _ - - ,, 5 _ ,- ,~ ,,,JJJ "y i ,,~ ~ ,• ~ I l 'z - ~ - s _ Y _.,, ,~ _ tt i ~ •I ~ a yam'' ~ _ r +Y ...,, `, I ~~ .o f i r{f c~ Ca '~ l aft ~~ ~~ r' 5S ,ty e _ ____ ~ I } ~ + t~. r sF~ / ~ 1 \ L I yJ _- - I _ - J 4y P '~ ~ _ ~ r. • ~ ` ! ~ -. I ~ ' ~_ ~ ~ ~ A ~, '~.. 1 ,~ Homestead• • ~ ~ ~ ~ ,... ~` ? ~ ~_ ,/ /'~ i5 ~-, _~"' ,Y^ -„"-° ter'' Park ~ k ~`- a ~, j ~r -"1 , ~ti ...'.'~~~ ~' `t / '-tip `w _+. A • .+ 5~ •• ti ~',~+ Pat Nbi ~ 5(e r Lire Bcli titp ~vsr Lire ~ Pniraatl dWatr urc ~lasreams ,,~er~c;• o Orange C a unty '1 loaniou Lnes ~ ~ Enuiron ment&Res ou roe ~PaQis ~ Conservation Department r.3 $tuclutes iar;a~u erpeCounlY rand ~Q(~ ~ ~QQ ~IQQ Feet. 4 *` /~ June 2? 2002 I, -.IAYCSrtlahieNausirglS.l~Aaes ;, ~~;;~`~ B. Young Attachment 3 7 MEMORANDUM TO: Board of County Commissioners THRU: Laura Blackmon, County Manager FROM: Gwen Harvey, Assistant County Manger Dave Stancil, Director, Environmental Resources & Conservation Craig Benedict, Director, Planning Gayle Wilson, Director, Solid Waste RE: Greene Tract Update (Abridged to focus on reimbursement issues) DATE: March 24, 2008 (Amended April 4, 2008) Background The Greene Tract was acquired in 1986 by the Landfill Owners Group. Subsequent land use plans for the area designated the site a `Possible Future Landfill Site, Pending Future Study.' In April, 2000, Orange County took over solid waste management activities in the county, through an Inter Local Agreement with Chapel Hiii and Carrboro (which, along with the County, had previously owned the Orange County Landfill). As a result of the Inter Local Agreement, 60 acres of the Greene Tract (determined to be 164 acres in total, via survey) was conveyed to Orange County for "solid waste management purposes.' The Inter Local Agreement (amended April 12, 2000) also provided for the three.owning partners to determine, over atwo-year period, the ultimate disposition of the remaining 104 jointly held acres. The Agreement further included a repayment mechanism to the Solid Waste Enterprise Fund, if the Greene Tract were used for purposes other than solid waste. Interim Stens With renewed interest and discussion in the Greene Tract in 2007, two meetings were convened (October 3, 2007 and February 14, 2008) by the Chair and Mayors which included management and planning staff to review the conditions as outlined in the Inter Local Agreement under which a reimbursement would be due to the Solid Waste Enterprise Fund, and to re-examine development feasibility options given interest within the Rogers Road SAP Task Force process. Generally speaking, setting aside the approximately 85.9 acres of the jointly held Greene Tract portion for open space protected by conservation easement has been seen as the reimbursement "trigger". There was consensus at the October meeting that financial reimbursement of the Solid Waste Enterprise Fund needed to begin July 1, 2008. Attachment 3 8 An initial appraisal of the reimbursement based on a five-year payback yielded the following shares: Orange County - $214,224; Chapel Hill - $90,549; and Carrboro - $29,524. The Orange County share of $214, 224 was based on the Orange County deeded portion of the Greene Tract - 60 acres - in addition to the Orange County interest in the remainder. It is important to mention here, and will be amplified later, that the reimbursement amounts will need to be recalculated as nothing in the Inter Local Agreement or Amendment contemplates or provides for the 60 acres dedicated to landfill system purposes to be used for other than system purposes. Recent Developments At the February meeting County staff was also asked to draft a set of guiding principles and parameters for enacting the conservation easements. Conceptually these guiding principles and parameters could apply equally to the 85.9 jointly held acres and the 60 acres held solely the County. In working through this issue in anticipation of discussion at or before the Assembly of Governments meeting, County staff was advised and has received an opinion from the County Attorney to the BOCC of the need for the County and Towns to specifically address changing the designation of the 60 acre parcel since there is nothing in the Agreement or the Amendment that provides for reimbursement to the Solid Waste Enterprise Fund in the event the 60 acre parcel is not used for landfill system purposes. A copy of the memorandum from the County Attorne~Attached herein Further Direction Requested As outlined, a reimbursement scenario inclusive of the County held 60 acres has already been circulated. However, another potential amendment to the Solid Waste Interlocal Agreement would alter these funding shares. The County Attorney has advised that the Inter Local Agreement may be amended as required to reflect any changes in policy direction the three jurisdictions may wish to make. Attachments • -1 ,' IAW OFFICES COLEMAN, GLEDHII.L, HARGRA.VE & PEEK A PROFESSIONAL CORPORATION 129 E. TRYON 5'IREkT P. O. DRAWER 1529 •FIWSBOROUGH, NORTH CAROLINA 27278 919-732-ZL9b FAX 919-732-7997 www.cghp-law.com Barry Jacobs, Chair Moses Carey, Jr. Valerie P. Foushee Alice M. Gordon Mike Nelson Orange County Board Post Office Box 8181 Hillsborough, North March 14, 2008 of Commissioners Carolina. 27278 FROM THE DESK OF GEOFFREY E. GLEDHILL E-MA1L• ggt«Ihilt@cg6P-law.cvm RE: Agreement for Solid Waate Management` - "Greene Tract" Dear Board Members: I was recently asked to attend a~staff meeting concerning the future use. of the "Greene Tract." The focus of the discussion was a document titled "Greene Tract: The Headwaters Preserve and Campus." This document contains "guiding • principals" for the use of the 104 acre portion of the Greene Tract jointly owned by Carrboro, Chapel Hill and Orange County.. and parameters for "Proposed Conservation Easements" on the 60 acre portion of the Greene Tract owned solely by Orange County. A copy of that document is enclosed. At the staff meeting there was also a discussion concerning the County paying the Solid Waste System enterprise fund for the 60~ acre portion of the Greene Tract. This letter is intended to bring to your attention what, in my opinion, is a conceptual problem with the plan to use the 60 acre portion of the Greene Tract for conservation purposes and, in my opinion, a conceptual problem with the County being solely responsible for reimbursing the Solid Waste System enterprise fund for this 60 acres'of land. Enclosed with this letter also are copies of the Agreement to Amend the Agreement for Solid Waste Management (the Amendment) and the Agreement for Solid Waste •Management (the Agreement). Paragraph 5 of the Agreement prescribes that the io Orange County Board of Commissioners Page 2 March 14, 2008 County may use the "[60 acres] for System purposes" except far 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 otherr+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. Orange County Board of Commissioners Page 3 March 14, 2008 In summary, I think changing the use of the 60 acre portion of the Greene Tract from'"reserved for System purposes" to some other use must be accomplished by further amendment to the Agreement. The logic. and the clear intent of the Agreement is that such a further amendment would, in effect, call far treating all of the Greene .Tract the same, triggering the "Reimbursement amount" provision of the Agreement in the same manner as with the 104 acre parcel. If the use of the 60 acres becomes the public purpose of"conservation," Carrboro,~Chapel Hill and the County would contribute to the reimbursement in proportion to their pre Agreement ownership interest in the entire Greene Tract, Carrboro 140, Chapel Hill 43o and Orange County 430. Very. truly yours,• COLEMAN, GLEDHILL, HARGRAVE & PEEEC, P.C. GEG/lsg Enclosures xc: Laura E. Blackmon ~~ Craig Benedict Dave Stancil 11 .• lsg:letters\bdofcom Agmt for Solid Waste Mgmt Greene Tract ltr.doc ~a Greene Tract • "The Headwaters Preserve and Campus" March 74, 2008 Guidin4 Principles for the 104Acre Jointly Owned Property ^ Future plans and uses of the property should ensure the protection of the mature hardwood forest and wildlife habitat on the property. ^ Future plans and uses should protect water quality by the protection of stream buffers for each of the three stream headwaters (Bolin Creek, Booker Creek, Old Field Creek) that lie within the property. a Future plans. and uses of the property should ensure protection of the two archaeological sites on the property (the remains of the Byrd and Mills ~ . homesteads). ^ The portion of the property designated for affordable housing should adhere to community guidelines and goals for creating Liveable and sustainable communities. ^ The portion of the property protected as open space should provide for low-impact recreation (such as trails). ^.. A 100 foot corridor along the rail line should be retained for possible future use by the jurisdictions that jointly own the property. ^ It may be desirable to identify an area for potential for playing fields near the portion of the property designated for affordable housing. . Proposed Conservation Easements As an~added protection for the future well-being of the site, the Triangle Land Conservancy has agreed to hold conservation easements on 1) the 86-acre "open space" portion of the jointly-held property, and 2) Orange County's 60-acre adjoining parcel. The basic parameters of the two easements would include the. following:. ^ Protection of the natural and cultural resources and conservation values on site in perpetuity. ^ Protection of water qual"rty through stream buffers and retention of forested lands to help filter storrnwater. ^ Provision for unpaved•hiking trails designed in concert with the natural setting and conservation values. • ^ Provisian far one paved greenway trail, designed in concert with the natural setting and conservation values. ^ Provision for a mountain bike trail (non-motorized only) designed in concert with the natural setting and conservation values. ~ The adopted 2002 resolution called for a new Warne to be given to this site, finis is one suggestion. • • ~~a . Agreement to Amend•the Agreement' _ for Solid t~iaste Management. Orange County and the Towns of Carrboro, Chapel Hil~.~ and gillsborough•hereby agree to amend the "Agreement for Solid Waste .Management . " 1. By deleting the paragraph identified as nAcqui:re prox~erty. "; in Part •1 and replacing it with the following: • Acau3.re-n~oyerty The County shall acquire real ancl• • ~ personal property as it deems appropriate fos System purposes . There• shell be ~no restrictions on the ' County ~ •s acquisition of additicinal acreage at the existing landfill. The Parties acknowledge and support the County's ..pos3:tian that as operator of .solid waste operations, it • may, despite di•1•igent, efforts • to explore alternatives, • settle upon the area • an anal proximate to the e~.i.sting closed landfill site on Eubanks Road as the location for a~.dit.ional. solid waste .facilities. The County states its . current intention-•riot to acquire, and its recomniendatian~ • that future County'. Governing Boards not acquire, any of • the properties known as ,the Blackwood and Nunn properties • .. for System 'purposes. ~. ~ By deleting the paragraph identified. as "Effective date." in part •1 and replacing it with the following: • ~ , • Effective da~t~,. .The County will assume solid waste • management. respons]axlity an the• first day of ~ the second . Orange County emRl~".ee pay period that follows .the 'last . . completed of tl~e Mowing •two events : • (1•) ,the approval by the governing boac~'~ o~ ~and• the execution •of ~ the Agreement - to Amend, the :Agreement for Solid Waste Management by, the current owners • of •'the• System;. ~(2) Agreement on the • boundaries of the property described in Exhibit B by the . '' Greene Tract Owners. The date the County assumes•solid • • ~ waste management responsibility ie the effective 'date of • thi,s• Agreement . The• pasties s~.iall take actions provided: • for in this Agreement,•os.whieh may other~tise be•neeessary .. or appropriate;, in a~timely fashion to permit the County's • assumption of solid was~Ce responsibility on the effective •. ~ date. •: 3:. By deleting Part 5 and replacing it with the . following; ~ • • •5. The Greene Tract will remain a landfill asset. Sixty acres of the Greece Tract will be reserved for System 1 - ~~ purposes, and the three owners will work together to deterrajae the ultimate •' use of the remainder. The Parties agree that the Greene Tract remains a landfill asset.. 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 Exh~.bit E, .which contains approximately sixty. acres. The County may use •the property described on Exhibit E for System purposes. The County states its current. intention not to bury mixed solid~waete or construction and demolition waste on any portion cif the Greene Tract . The ' County 'states its reeommendation,to future County. Governing Boards that the . County make no such burial.~The deed to. this 'property will • a.nclude a restriction prohibiting the use of the property described on Exhibit E fob burying mixed solid waste .or ~• construction and demolition waste. ~ • • The Greene Tract Owners •agree to bargain together in good faith 'and • with. all due diligence, .and to use their xesgectiare• best efforts, to determine an ultimate use or• ~dispos-ition of the remainder of the •Greene Tract as soon as possible and in airy event by December 37., 2001, .or two years after the effective date, whichever is later. During this "bargaining per,od.,~~ no, Greene Tract Owner shall make . any use of the •remaining portion of• .the Greene Tract• with©ut~the consent of the other Greene Tract Owners.• •• ~ , . ,.~ The Greene T~act.Owners agree' that .among the issues to 'be .addressed iii the ~ bargaining:...proe~ss •are (1') .the specific future `us$s,, •or ranges. of use, •~ to be made of the remainder of the:'' Greene .Tract (including issues of • devoting differer~t,* portyan~ to '•different uses, devoting • portions to.: public • trees •and ,the possibilih~t of ~ making partioris avai~.abZe for sale ~ or private use) ,~ and ~(2) . • whet~ier to • impose• ~ specific use restrictions, either through deed restrictions or.~ through goverizmental regulation., .The ' Greene ~ Tract Owners agree' •that during the .bbrrgaining• period"~ each should provide. opportunity for ~~~ public comment on possible ~ or •proposed _'uses~ or dispositions. •. During the "bargaining period," no Greene Tract Owner shall (7.) file any legal. action or proceeding to~force any sale or division of the Greene Tract, or (2) eater into any agreement• to sell, mortgage or otherwise transfer all or any part of its ownership,.i~nterest in the .Greene Tract, 2 i~• in either case without the. cansent of the other Greene • Tract Owners. To :the extent. permitted by law, Chapel F3i11 , f• agrees not to initiate any 'proceeding to rezone any • portion' of the Greene Tract 'during the "bargaining .• period," without the. consent of the other Greene Tract .Owners . Chapel Aill 'states ' its current intent to .accommodate any agreed-upon future .uses or range of uses of. the. remainder of the Greene•Trac~ in its Development Cade%Ordinances and states its' recomrneiadation to future Chapel Hill Governing Boards to the same effect. • After the. "bargaining•period." is completed, namely, the day after the last day of the •b•~rgaining periad,• • no • Greene Tract Owner shall (].) file ,any legal action or proceeding. to force any sale or division of the .Greene • Tract, ar ~ (2) enter. into any agreement' to sel~3:, mortgage •or otherwise transfer•all or any'part of its ownership interest in the Gfieene Tract, ~in either case without giving the other Greene Tract Owners at least 60 days •prior notice of such filing or entering~inta an agreement.. Irt addition, after the "bargaini~ng~ period" , is completed, any Greene Tract Owner may give. 60 days prior notice of an . • election • to be no• longer ~ bound by the above • restrictions Qertaining to 'the uses of and•whether to impose use restrictions' on the'. remainder of the. Greene • Tract, and such election shall .be effective at the end. of the notice period.. • 'The Parties .agree that any non Systetti.~ use of 'any • portion of the remainder of the Greene Tract' or any disposition of 'any R~ortion•af•the remainder of the Greene Tract sha11 result.~,in ~iayment- to• the County of the , Reimbursement Amowxt,~or deposit in the System enterprise fund. •~• • ,,,~ 4. By replacing the date~•in the first paragraph of dart 7~with the followi~ig: "oae month after the effective date of this Agreement." -5. By amending subsection (c) of the "Members; Terms" -provision of Exhibit C to the Agreement to read as'follows: - (e) The first year of the term of each initial member . of the Advisory Board ~hall•be 'deemed tb expire ¢n June 30, 2001. Thereafter, each year of the term of an Ad~i.sory Board member will run from' July 1 through the subsequent June 30, but each. member shall continue to serve until '•• such member~a successor -has been duly appointed and • qualified for office, - 3 ' ~ ~~ r ~ - • ITT • . YiTITNESS - ' WHERECIF, Orange County has caused this Agreement to Amend the Agreement for Solid Waste Management to' be executed in its corporate name •by its duly authorized officers. •• '"- .•~ • . ~ayatr" rf~••'• • ~~ . • ~'~~~ a" •1~ Date Approved by • t ~ •~ ~ Governi.ag Board ' ? f A T: 'r I~ • • /ORAIZG$ CO'0'!~]'1.`Y, NO • CAR,OLSNA ~Qhtb . ~a.ott~4 , i •lerk acrd ~ Commissioners ~ Chair, Boaxd of Commis a rs sz~ a8 rrox~s eaaoL~n~., aa~s eom~rx _ //yy I, a Notary Public of such Couaty and State, certify that•/hdS•Q.$ l .•. and •~}4•.Va2.~r~~ersonally came before me this day aad acknowledged that the • are the Chair Cl k, respectively, of the Scard cf Commissioners of Orange Caunty, North Caroling, and that by author~.ty duly given aid as the act o€ Orange County, North Caroliaa, the foregping instrument, was signed in the CouatX's name by such C6ia.ir, sealed with iC•s corporate seal and attested by such ~].erk. - WtTHIsSS my •han21 and officia5. stamp or seal, this ~ day of _~_Y~, 2000. • [SEaL~ ~ . . ~~i • ~..l. Notary lie ' • My caumti.ssion expires: ~~.- ~ g - ~`~ ysa®rrit®trrr . ° ° • 1'i. ~~~ • 4rrrr~aia-a`~~ c i .. 4 i~ D Agreement for Solid Waste TKanagemeat To establish a comprehensive approach to solid waste management issues, and in consideration of the p=ami.ses made to one another in this Agreement, orange County•and the Towns of Carrboro, 'Chapel Hill and.Hillsborougli hereby agree. as follows: 1. The County will assume solid waste management responsibility ae follows: Operate .the System.. The County will operate the System for the benefit of the County, the Towns and the persons and organizations within their, jurisdictions. The County will establish and enforce reasonable rules and regulations governing the operation and use of the System, operate the, System in•an efficient and economical manner and maintain the properties, constituting the System in goad repair and is sound operating condition. Provide solid waste disQasal facilities.. The County will provide System Management Facilities suitable for the disposition of Solid Waste by the County, the Towns and the persons and organizations within their jurisdictions". The existing landfill, as well as any successor System Management Facility, will be designated to accept solid waste generated exclusively by residents, businesses and institutions located in Orange 'County and that portion of Chapel Hill located within Durham County, North Carolina., L~eter~iae policy.. The County will have the ongoing authority and responsibility in, its, discretion (1) to administer and operate ,the System•in accordance with the Solid Waste Management Plan•and .Policies and (2) to determine and modify the Solid Waste Management Plan and Policies from time to time. The Parties affirm on the date of this Agreement their commitment, to the solid waste reduction goals set out in the Integrated Solid Waste Management Plan. The County agrees to consult with the•other Parties and the Advisory Board, frequently and consistently, to determine their views as the Solid .Waste Management Plan and Policies anal possible changes thereto. Take oa employees. All of "the System Employees will be transferred to the County and become County employees subject to the supervision of the County Manager, in the same fashion as other County employees. The Parties acknowledge that it is an. impar~tant abj.ective. of this Agreement that the current total compensation package for System Employees be maintained at a substantially .equivalent level through their transfer to the County, although the combination of salary and • benefits for any employee may change. The Parties recognize that all " ~ components of compensation to System Employees after the transfer will .~be subject to changes in salaries anal benefits in the same fashion as . ~ 1 i e I ~3 ~- other County employees. The County and Chapel Hill will develop a detailed schedule comparing the total pre-transfer and post-transfer campeasatioa for each System Employee. Chapel~Hill•will send a copy•of the completed schedule to Carrboro. Acquire System assets. The County will acquire 'all right, title and interest to all Existing system Assets. Title to the Greece Tract, however, shall not be conveyed to the County pursuant to this paragraph; Part 5 is and. shall be the•only portion, of this Agreement affecting the state of the title to the Greene Trs.ct . _ .. • . .. Assume• System liab~.lities. The 'County will assume, all liabilities, including environmental liabilities, related to the ownership of the System, including, to the extent permitted by law, •all liabilities related to the ownership of Existing System Assets which have accrued or which may accrue prior to the Transfer Date. .' The Parties, however, shall retain their individual liability, if , any, under environmental laws cad otherw3.se, related to their respective use of the System both before and after the •Transfer ~ D•ate (as, for example, any liability arising from their delivering, or' causing to be .delivered, Solid Waste to Systein•Management Facilities). . The Parties acknowledge that~the•County's assumpti.'an of liabilities as • described in the preceding paragraph shall not limit, •and is not .intended to limit, the ability r5f aay governmental authority to impose, or to seek to impose, environmental or .other liability . dir-ectly on a Party (as, for example, any liability accruing •to the .' current owners of~the Existing System. Assets as a result of their status as' owners prior to the Transfer Date). The Caunty.•will not assume, and by this Agreement ,does not -assume, any indebtedness of Carrboro or Chapel Hill. ~. _ Acqu3;re.propesty. The County shall acgv.ire real and Personal. property as it deems appropriate far System purposes. There shall be no restrictions on the County's acquisition of additional acreage at the existing• landfill. The County states its•current•intention not to acquire, and its recoirimenclation that future County Governing Boards not acquire, any of the properties •lozown~ as the Blackwood and Nuxin. properties for System purposes. Provide far c liaace with law. The County will comply, or cause•there to be compliance, with all applicable lawG, orders, rules, regulations and requirements of aay governmental authority relating•to the ~stem.~The County will also be generally responsible for solid . waste reporting,, pl~r~~ng, regulatory compliance aad..similar matters. Nothing in this Agreement; however, shall prevent .the County from contesting i.n good faith the applicability or validity of any such law 2 '~ (~ or other requirement, so long as the County.'s failure •ta comply with the same during the period of such coatest will not • materially impaa-r the System's operation or revenue-producing capability: Mske repo=tB. The County will make. ar cause to be made, any reports or audits relating to the System as may be required by law. The County, as often as may reasonably be.requested, will furnish such other' information as the County may have reasonably available conceraa.ng the System or .its operation as the Advisory Board or any party may seasonably request. The• County, which the Parties• have designated as a•~local•lead agency,. and .the Towns will cooperate in .preparing and submitting any reports ar solid waste plans that.a Party may be required to file with governmental authorities, such as~ the State's Division of Waste Management. • Anpsove budget. .The County will approve the 1999-2000 System operatiog budget together 'with Chapel Hill. Effeeti~re date. The County will assume solid.. waste management responsibility the day following the effective date of the••zoning of '• the property described in Exhibit E which makes solid waste management uses, aot including burial of mixed solid waste or canstrnction and demolition waste, a permitted use. .under the Chapel Hill Development Cade/Ordinance, as provided in Part 'S of this Agreement, sa long as that date is at least 3.80 days after the execution arid. delivery of this Agreement•by the. current owners of the System and sa long as the Greene Tract Owners have agreed an the boundaries of the property described in Exhibit E.. The date the County assumes solid waste management responsibility is the effective date of this Agreement'. Provided, however, the effective date of this Agreement will be 'January 1, • 2000 so Icing' as this Agreement is executed by= and delivered tc~ the• current owners of the System on or before,Septembez 7, 1999, the zoning change described above and in Fart 5 of this Agreement is adopted by the'Town of Chapel Hill on, or before Jaauaxy 1. •2000 and is effective on at before January 1, 2000, and the Greene Tract Owners have, on or before January •1, 2000,.agreed on the boundaries of the property described ia.; Exhibit E. The Parties.shall take actions provided for in •this Agreement, or which may otherwise be necessary or app~rapriate, in• a timely fashion to permit the County.'s. assumption of solid waste respoas~i.bility on the effective date: 2. The Patties will deliver Solid Waste and County Recyclables to .the System. ~ • The County and the Towns all agree to. deliver, or•cause to be delivered, to System Management Facilities for disposal or processing, ~ •. respectively, all Solid. Waste and County Recyclables under their respective control. This delivery obligation includes (without 3 rs limitation) all Solid waste and County Recyclables collected by any Party~s employees, Solid waste collection contractors, solid waste co~.lection licensees or solid waste collection franchisees. There is no such obligation •ta deliver Other Recyclables. All Solid Waste and County Recyclables delivered to System Management Facilities,' ar to County employees, solid waste collection contractors, solid waste collection licensees or solid waste collection franchisees, or properly placed in a designated container at a convenience center, will be County property. upon such delivery. The County will •have the right to refuse to accept for disposal at System Management Facilities any material or substance which the County reasonably determiaes~is barred from such disposal by the Solid Waste Management Plan and Policies, by any applicable law or regulation or by the restrictions of any permit. Notwithstanding the provisions cf the previous paragraph, the County shall in no event be deemed the owner of any such barred substance without its express consent.. . 'If at any time a material that previously qualified as Other Recyelables begins to be processed bI' the County for recycling and therefore becomes Cauaty Recyclables, then any Party theretofore processing such material as~ Other Recyclables shall begin~to process such material as County Recyclables~upon the expiration of any contract far disposal of the material as Other Recyclables that may be in effect at the, time of the materials change in status. ' 3. .Solid waste collection and transportation decieicns will remain each Party's pz'ezogative. The Parties in all events retain the right to determine their~owa systeries and procedures for 'the collection of Solid Waste and related matters, provided that such systems and .procedures shall be xeasanably ~~ designed to be consistent .and .compatible .with the appropriate So1id~ Waste Management Plan and Policies. acs 4. The Cauaty will operate the System as as eaterp=ice apesatian, and will have discretion to set rates, fees and. charges. The Parties agree that the~long-teim success cf the 'arrangement for solid waste management provided fo= in this Agreement requires 'that the Parties remain committed partners, The parties agree that their goal of reducing solid waste must be achieved in a manner that guards the economic viability of the System~~s current and future operations. At the same time, the .Parties acknowledge that the•County is not expected to use its general funds to vnderwrite overall' • solid waste management activities. Therefore, the County, the Tawas and the persons and organizations within their jurisdictions all must bsar appropriate proportional •~shares of the costs of providing for current •and future operations of the solid waste management eaterprise..The • Parties. agree that the County, as part of its responsibility for solid 4 ~i waste management, must retain broad flexibility to implement and adjust rates, fees and other charges, as pravided• below, i:n order to • generate sufficient resources through the System to carry out the requirements of the Solid Waste Management Plan and Policies. The Parties agree that the County is 'ultimately responsible for, balancing the available resources and the demands an the System, and•that the County must -therefore have sufficient authority to adjust either the resources ar the System demands, or both, to achieve the balance. Part 1 of this Agreement pravi.des for the County's authority over the Solid ' • Waste Management Plan and Policies. This Part 4 provides for the County's authority over the available resources. System ~ri.ll be operated as as enterprise fund. The County will segregate for accounting purposes all the System's accounts, moneys and investments. The. County will provide for the System's assets, liabilities and. results of operations to be presented is the County's annual audit as a separate enterprise fund, in accordance with generally accepted adcount;ing 'principles. The County will annually adapt a separate budget far the System in accordance with the County's' usual budgetary process. The County will keep accurate records and accounts of all items of costs and of all expenditures relating. to 'the System, and of the System Revenues collected and the application of System Revenues. Such records and accounts will be open to any Party's inspection at any'reasariable dine upon reasonable notice. system will: be operated oa a self-BUpportiag basis: The County 'will establish and maintain a system of rates, fees and charges for the use af, and for the services' provided' by, the System which is reasonably designed to pay in full a7,1 the casts (and only the assts) of carrying out the County's responsilailities under this Agreement and the Solid Waste Management Plan and Policies, including, without 'limitation, (].) costs of disposing of Solid_ Waste, t2) costs of• collecting, processing and disposing of County Recyclables, (3) to the extent permitted by law, casts of providing pub3.ic benefits determitzed to •be provided pursuant 'to Part 6, and (4) casts of solid waste • reduction activities. Subject only to the specific _limitations 'set forth in this' Agreement, the County may revise any:. rates, fees and' charges at'any time and as often as it shall deem appropriate. Limitations oa Material Financial Changes. Notwithstanding any other provision of this Agreement, the County shall not put into 'effect any Material Financial Change unless the•County first obtains the consent of all Parties. It will be each Toain's obligatiou• to determine whether any' change ar proposed change to the Solid Waste Management 'Plan and Policies is a Material E`inaacial Change with respect to such Town within ten Business Days of receiving notice af• the change or. prapased change, • and to notify the County within five • additional Business Days if the Town determines that such change ar . . proposed change is a Material Financial. Change. The provisions. of this • paragraph are independent of the further provisions of this Part 4 • concerning rates, fees•and charges. • 5 ~ a- Mi~eed Solid Waste ',~'3.pping Fee. (1) The County may increase the Mixed Solid Waste Tipping Fee from time to time is its discretion with at least 30 days' notice of the increase to all other Parties. The Couxity may not, however, increase the. .Mixed Solid Waste, Tipping Fee during or at the beginning of any Fiscal. Year to a ,fee Ghat e~tceeds the Mixed~Solid Waste Tipping. Fee in effect at the end of the preceding Fiscal Year. by more thaw 10~, without the prior consent of all the other Parties . Further, 'the Parties intend and agree that the County shall endeavor to adjust the Mixed Solid Waste Tipping Fee only annually, with changes becoming effective cnily at the beginning of a Fiscal Year. (2) The County may decrease the Mixed Solid Waste Tipping Fee from time to time in its discretion, without prior notice, to or action by any other Party. The County will promptly notify the other Parties of any decrease in the Mixed Solid Waste Tipping Fee. Governmental Fees. (Zj If the County determines that it is or may. be advisable to create and impose arty Governmental Fee, then the County will give at least 30 days'. notice of. the proposed Governmental Fee to the oilier Parties . A Gaveriimep.tal Fee 'may they be imposed only if the creation and imposition of such Governmental Fee is .subsequently•approved by the County and at least one other •af the largest two (by populati.oia) local government Parties . A ' new Governmental Fee will take effect at the end of the notice period or, if later, the date of the last Governing Body approval necessary for it to tape effect. ' (2) The County may increase any individual Governmental Fee from time to time in its discretion with at least 30 days' notice of the increase to all other Parties. The County may not, however, increase any individual. Governmental F'ee• • during or . at ~ the be~inni.ng , of any Fiscal Year to a fee that exceeds the fee is of€ect at the end.of the preceding Fiscal Year by more than 10~, without the prior consent of all the other Parties. .The Parties, intend and agree that the' County shall endeavor to adjust any and all Governmental Fees only annually, with changes becoming effective only at the.begintYng of a Fiscal Year. ~ ~~ ~ • (3) The County may, decrease any Governmental Fee..from time to time in its disc~etian, without prior notice to or action by~any other .: Party. The County will promptly notify the other Parties of any decrease is any'~Governmental Fee. ether fees. (l.) This section applies to rates, fees or charges that the County may create or change, other thaw the Mixed Solid Waste Tipping Fee and Governmental Fees. 2`his ~sectiaa applies to 'any County • proposal to .create, increase or decrease an a~railability fee. This 6 ~3 ~. ( section does not apply t.o any prapasal.to impose, or•• change any special district tax related to the System; instead, the generally. applicable law .shall govern any such proposal. The Parties note that North Carolina law currently, requires a Town's consent to include any area within that Town's jurisdiction within a special taxing district, but that -the County controls the rate of any special district tax in its discretion. • (2) If the County determines that it is or may be advisable' to create, increase ar decrease any rate,. fee or charge covered by this section, then the County will give at least 30 days' notice of the proposed change to the other Parties, and the County will•request that the Advisory Board consider the proposed change. If the Advisory Boa.rd•recommends that. the change be.approved, then the change may take effect if the County subsequent~.y appzaves ~ it. ~If ~ the Advisory Hoard recommends that the change not be approved, then the , change may take effect only if the County and at least one. other Party .subsequently approve the change. A change will take effect at the end of the notice •period or, if later, the date of the last Governing Body appra'va.]. necessary for it. to take effect. . t3) Notwithstanding a~.y other provision of this Agreement, the County may at any• time,•~and from. time to time in its discretion, create, increase or decrease any minor fees for the disposal of certain classes of Solid Waste (such as fees far' the disposal of yard waste or clean waoi3 waste) and. minor charges for the sale of goods (such as, for e~tample,.mulch, scrap. tires, ar clean wood waste). .A fee or charge shall be considered "minor" for the. purposes of this paragraph if the fee ar charge produced less than 1~ of the System's total'revenue for the last preceding Fiscal Year for which audited financial statements are available. _~ Time limit ati fee change. •app=ovat~.s._ Any approvals given by a Party, pursuant .to the approval requirements of this Part 4, to the imposition or ixi,crease, of any fee 'will be of no further effect after 90 days from the date of the action granting approval (br after such shorter or longer period as may be t~iade part of ~ the action granting approval) , if the imposition • or increasse so approved has not by such' time received all approvals required for its effectiveness. 'IIse ~of System Revenues oaZY for System: na tegtii~remeat that County uae general funds for System purposes. The County will use System lteveaues .solely to carry out the Solid•Waste Management Plan ' and Policies and solely for the benefit • of the System, including (1) to pay costs t~f disposing of Solid Waste, (2) to ,pay casts of collecting, processing and disposing of Recycla'hles, (3) to the extent permitted by law, to pay costs af•providing public benefits determined . to be provided pursuant to~Part 6,•and (4) to pay costs of solid waste. ~. reduction activities. The County will not use System Revenues to pay costs of collecting Solid Waste in uni.nevrpo'rated areas of the County. 7 D The County will ion no event -be required to use assets or funds other than thane of the System to fulfill its obligations under •thi:s Agreement other than its obligations under Part 2. Reaervatian of Couaty~a rights. Notwithstanding any provision of ' the Solid Waste Management Plaa and Policies or this Agreement to the contrary, the County will in all events be entitled to .operate the• System and all its facilities, and may adjust any and all rates, fees anal charges, as it may in its reasonable discretion deem. reasonably necessary (1) to comply with any req~irements'of any applicable law or regulation ar nay court order, administrative decree or•similar~arder of any judicial or regulatory authority, •(2) ~ta comply with the requirements of any contracts, instruments or other agreement~s•at any time securing Outstaadiag~~System •Debt, or (3) to pay• costs of remediati.ng any adverse environmental conditions at.•any time existing with respect to the S~-stem. 5. The Graeae Tract will remain a landfill asset. Sixty acres o€ the Greene Tract will•be reserved for Bolid waate~manageareat purposes, as~d the three owners will work together to determine the ultimate use of the remainder. The Parties agree that the Greene Tract remains a landfill asset. Chapel Hill, Carrbaro and the County (the "Greece 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 Exh'ibit• E far System purposes. The County states its current intention not to bury mixed solid waste or construction and•demoli.tiari waste on _any portion of the Greene Tract. The County states• its recommendation to future Coe~aty Governing Boards that the County make no such busi.al. • • The deed to this property will include a restriction prohibiting the use of the property•described on Exhibit 8 far•buryiag mixed solid waste or~constructi.on and demolition waste. This restriction becomes affective at the same •ti.me that the zoning cYiaage described i.n the next paragraph is effective; and it will remain effective so long as zoning remains effective which allows solid waste management uses, other than burial of mixed .so~.id waste or constructi.an sad demolition waste, .as permitted 'uses•as described is the next paragraph. ~,~ Chapel• Hill agrees to commence, sad states its current intent to complete, the process to "make solid waste management uses not • including burial of mixed solid waste or construction and demolition• waste, but expressly including, but not limited to, a solid waste • transfer facility and a materials recovery facility, .uses of the p 0 Exhibit E property "permitted" Development Code/Ordinance, subject similar reviews and not subject to Chapel Hill agrees. to provide the o1 a planned schedule. of reviews and change described in this paragraph. uses under The Chapel Hill only to staff. level site plan.and special use. or similar processes. =her Parties with a plan, including approval, to process. .the zoning • The Parties agree that nothing that they have agreed to herein constitutes an agreement on the part of Chapel Hill to .zone the Exhibit E property i.n a particular way. It is instead, an agreement that if the Exhibit E property is zoned a particular way one event will follow and if the Exhibit E property is not zoned in a particular way another event will fallow. The Greene Tract Owners agree tp bargaia.'together in good faith and with ali due diligence, and to use their respective best efforts, to determine an ultimate •use or disposition of the remainder of the Greene Tract as soon as possible and in any•event by..December 31, 2001, or two years after the effective date, whicbe~rer is later. During this ° bargaining period,° no Greene Tract Owner shall make any use of the remaining portion af• the, Greene Tract without the consent of the other Greene Tract Owners. The Greene Tract Owners agree that among the issues to .be addressed in the bargaining process are (1) the specific future, uses, or ranges of use, to be made of the remainder of the Greene' Tract (including .issues of devoting different portions to different uses, devoting portions to pu3alic uses and the possibility of making portions•ava.ilable for sale ar private use•), and (2) whether to impose. specific use restri:ctians, either through deed restrictions ar through governmental. regulation. The Greene Tract Owners agree that during the ",bargaining period" each should prov~r3.e opportunity ,'far public., comment oa passible or proposed uses nr.dispositions, During the " bargainiag•period," no Greene Tract Owner shall (1) file nay'legal action'ar proceeding ta•force any sale ar division of the Greene Tract, or t2) ester into any agreement to se];1, mortgage or otherwise transfer all or any part of its ownership interest in the Greene Tract, in either case without the consent of the ather~Greene Tract Owners. To the extent permitted by law, Chapel Hill agrees not to ina.tiate any proceeding to rezone any portion of the Greene • Tract during the "bargaining periac7.," ~•without the consent of the other Greene Tract Owners. Execution and delivery of this Ag=eement by the Greene Tract Owners constitutes•consent of the Greene Tract Owners far Chapel Hill to rezone the Exhilait E property as described 3n this Part 5. Chapel Hill states its current intent, to accoA¢aodate any agreed upon future uses or range of uses of the remainder of the Greene Tract in its Development•Code/Ordinances and states its recommendation to future Chapel Hill Governing Boards•to the•same effect. . 9 a ~~ . After the " bargain3.ng period" is completed, namely, the day after the • last day of thebargaining period, no Greene Tract Owner ' shall (1) file any legal action or proceeding to farce any sale or division of the Greene Tract, or (2).enter into any agreement to sell, mortgage ar otherwise transfer all or any part of .its oianership interest in the Greene Tract, .in either case without giving the other ~• Greene Tract Owners at least 60 days' prior notice of sv.ch filing or entering 'into an agreement. 2n additian,~ after the °'bargainirig period" is completed, any Greene Tract Owner may give 60 days prior notice of an election to be~no longer bound by the above restrictions pertaining to tlie' uses •of and whether to impose use restrictions an 'the remainder of the Greene Tract, and such election shall be effective at the end of the notice period. The Parties agree that any non System use of any portion of the remainder of the Greene Tract ,or any disposition'of.any portion of the remainder of the Greene Tract shall result in. payment to~the County of the Reimbursement Amount far deposit in, the System enterprise fund. 6. The County will finance eommnaity benefits fsom~'System funds to the extent legally permiesi.ble. . The Parties will cgoperate 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 Cammunity~Benefits Committee that has been studying the question' of. cpminunity benefits. Ugon the release of the report, each~Party shall provide for its Gave~riing Board to discuss the working group's prapnsal 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 wank together,, diligently ,and in good faith, to reach anaagreement as to community benefits to be provided. •The process of determining community benefits shal], continue to include participation by persons belonging •to the relevant community. Final determinations of the 'public•benefits to be provided, the:saurces of financing and the meChan15m5 for providling the benefits, however, shall ~be made only by further agreement of all the Parties. The Parties state their preference that benefits be financed Pram ' System funds'to the extent•permitted by law. To the extent permitted~by . law and by generally • accepted accauntiiYg,., principles, to ~ the extent determined by the Parties and notwithstanding any other prov3.sion of this P3reement, 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 Reveaue~. ~ ,, 10 The public•benefits contemplated by 'this .Section are to be '` ~ considered'as.separate and distinct from any compensation determined to be owed far any "taking" of an interest in property as determined by State or federal law. 7. The parties will establish an advisory board. The Parties hereby establish the Orange County Solid Waste Management Advisory Board to advise the County's Governing Board on matters related to the System and the Solid Waste A9aaagement Plan 'and .Policies. The Advisory Board 'shall meet fpr the first time not later than November 1, 1999, on the call of~ the members appointed by the County. • The Parties•will continue to work thraugh•the existing Landfill• Owners' Group ("LOG") on matters of solid via$te management policy aad operations until the Advisory Hoard begins to meet. The LOG shall continue to operate. by.corisensus, but the Parties intend that the LOG shall make no recommendations for major financial commitments until it dissolves .or is replaced by the Advisory Board. Each Party sha11 appoint tw Exhibit ~ sets forth details responsibilities and the. procedures forth the Parties' agreemeat~as to of Advisory Berard members. ~ members to the Advisory .Board. concerning the• Advisory Board's that it shall fallow, and also sets the-appoiatment aad terms of office If at any time.the University of North Catalina agrees to comply with the provisions of Part 2 with respect to its facilities and operations 'in Orange County, then the Parties agree that the university, through its President, shall ~e entitled to appoint to the Advisaiy Board one voting member, having one vote. Any, initial university member -shall serve for a term ending on the third June 30 following the member's appointment,• and any succeeding University member shall serve for a three-year term (with there being no limits on the reappointment of University members). The limitations in Exhibit C excluding employees of Parties ftom.serving•an the Advisory Board. do not apply to the University ar University members. The Patties agree to enter into a supplement or amendment to this agreemeat to include provisions reasonably necessary or appropriate to provide for the University's gaxticipation on the Advisory Board in such circumstances. a~. 11 .. . ~S , . . ~c~ !Exhibit A contains ~certaia defini,tioas that apply to this Agreement. Exhibit B contains ~ certain additional ',provisions ~of tFiis Agreement.] '[The remainder of this page has beea.le~t blank iateatioaally.~ ., la • ~ - ~ a~ ~ . sT: is ~ o~ . . ~., • saw ~~~ its - ~. Le~iaitimss . e . Addit~.®na7. p=avieians - ' C. R~gardiag the Adviea~y Hcard ~ ' ' n. tacg~. d~eriptian of f~eme Z'snCC ~. I~2 desc~.ptioaa c~ ~;ztesae g'r~ct porta.s~ 8~e d~vvtcd ca solid te= ~i .30 .~ ~ ~~ _ ,~ - ~ 1199. 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STATB OF NORT$ CAROLIBUI; ORANGE Cdr ~ ~ I, a Notary Public of such County and State, certify that noel' - personally came before me this day and acknowledged that they are the • Mayor and Towa Clerk, respectively, of the Town of Hillsborough, North Carolina, and that by authority duly given and as the act of such Towa, the foregoing instrument - was signed is the Town's name by such Mayor, sealed with its corporate seal and attested by such Town Clerk. [5E14L] t¢ZTN886 my hand and official stamp or seal, this day of 1999. Notary Public My commission expires: Exhibit A - Definitioae For all.puxpases of this Agreement,• the following berms have the fallowing meanings, unless the context clearly indicates otherwise. "Advisory Boarder means the Orange County Solid Waste Management Advisory Board created pursuant to Part 7. ' ~.°Agreement" means this .Agreement far Solid Wa6Ge Management, as it may be duly amended and supplemented from time to time. "8us~aess Day" means ariy day other than a day on which national backs are required ar authorized to close. . "Carrbaro" means the Town of Carrboro, North Carolina. _ "Chapel Si.I.I" means the Town of Chapel Kill, North Carolina. "County" means Orange County, North Carolina. "County Manager" mean's ,the Couaty~s~chief administrative officer.. "County RecyclabZes" means all materials processed by the County far recycling and not disposed of at System Management Facilities, as the same may be established and ameniied from time to time nnder.the Solid Waste•Managemeat•Pl~n. and Policies. "Existing Transfer Date, all other • land. all licenses, ~~ contracts, all and all cash a System Assets" means all System assets as of the inclucli.ng, without limitation, the existing landfill, and buildings, all equipment, including rolling stack, permits and other governmental autharizatians,...•all customer records, all bank and other business records, end investments,, inc~.uding the capital reserve account 15 3S • 3y- • • ~ ~v .. currently maintained ' by Chapel Hill on behalf of the Laadf ill owners' Group. 1°Ffscal Year'° means the County's fiscal. year beg+nning July 1, or such other fiscal year as the County may lawfully establish. °'Goveraiag Eoard~'• means; for nay Party, its governing board of elected officials, as such governing board may be constituted from time to time. ~Goveramental Feep will mean any fee related to activities of the System that is imposed directly and solely on the Parties themselves, other than' the Mixed Sa1id Waste Tipping Fee. A possible example of such a fee could be a fee.impQSed by the County on all the Parties ' related to the County's providing of processing for' County Recyclables through the System. "Graeae Tract' means •thc parcel of land comprising approximately 169 acres lying south of Eubanks Road described in Plat Book•i4, Page 143 and •Plat Book 15, Page 138, Orange County Registry, as more specifically described•in Exhibit D. °Sillsborough" means the Town of. Hillsborough, North Carolina. Integrated 6alid e~aste 1-3aaagemeat F2aa° means the report• submitted pursuant to law to State authorities that described .the long- term plan for solid waste management, which the County, as designated lead agency, filed an behalf of the County and the Townie. The Parties have approved this' Flaa and adapted its framework by resolutions • adopted (a) by Carrboro on June 24•, 1997, (b).by Chapel Hill on June 9, ' 1997, (c) by iiillsborough on June 17, 1997, and (d) by the County oa June 30, 1997. ~ ' • "Materia.Z Ffaaacia2 Change" means a change, ar series of related • changes made by the County to the Solid Waste Management Plan and • Policies that, is the. deterini.nation of any Town (provided that the Advisory Board must verify such determi.n.atian if so requested by the • Gounty), would• have the effect of increasing by •more.thaa ~15~ tha direct monetary cost to such Tawn of all its solid waste management activities (such as solid waste• collection•), when comparing '(a) the expected cost of such activities for the .first fv11• Fiscal' Year • following the effective date of the change or changes in question to • (b) the total cost for'the Fiscal Year most recently completed prior to ' the effective•date. ~ • °l~iixed SoZ.id Waste Tipping • Fee" .means the fee of that • name • • assessed far disposing mixed solid waste at.the PYlsting landfill, any ' 16 35 successor to that fee, or any other fee assessed for the use of System Management Facilities related to the disposition of Solid, Waste (such as- a fee imposed for the use of a transfer station ar materials recovery. facility) - Other ReaycZables" means materials which would. otherwi.ae constitute Solid Waste, but which are to be delivered to same other entity and processed for recycling. For' any material to constitute Other. Recyclables, however, the entity to which the material is to be delivered must, represent that such materials are intended .to be processed for 'use in new products. Material will not constitute Other Recyclables, for. example, if the entity to which it is .to be delivered intends to re=deliver the material to some other disposal facility (such as a landfill or incinerator), whether or not such•material is intended 'to be subject tc5~further pracessiag.before disposal. ~Paxtieap means, collectively, the County and the Towns, and "Paxtyw means any one of them individually. Refmbuxsemeat A~ouatx means, (1} in~the case of dispositivn to .• a North Carolina local government that is also a Party, so long as that government devotes the transferred portion to public purposes, (a) $608,823, being the original purchase price of the Greene Tract, multiplyed (b) by a fraction, the numerator .of~ which is the number of whole acres of the Greene Traet lcieiag•disposed and the denominator of which is 159, plus (c)•uncompounded interest on the product bf (a) and (b) at the annual rate of 6:00 from March 30, 1984, , to the effective date of any disposition, and (2) in the case of any other disposition, the greater of ,either (a) the .Reimbursement Amount to a North Carolina • local government that is also a Party,='or.(b) the net proceeds of a sale after the costs of•the.sale are paid. ~Soiid Waste" means all materials' accepted by the County for disposal at System Management Facilities, as the same may. be established and amended from time to time under :the Solid Waste Management Plan and•Poliei.es (subject to the provisions of Part 2 whicYi authorize the County to refuse to accept. for disposal any material or substance which the County reasonably determines is barred from such disposal'by any app7.icable law or regulation ar the restrictions of any percait), other than County Recyclables. . 3~1 "Solid Waste ~4faaagement PZaa and Policies",means, the combination of (a) the Integrated Solid Waste .Management Plaa, and all future modifications of that Plan, which is the report, submitted pursuant to law to State authorities describing the long-teim plan for solid waste management, which the County, as. designated lead agency, files an • behalf of the County and the Towns, and (b) the Solid Waste Management '. 17 • ac~ .. . ~ g , .. . C~ . Policies, which are, collectively, .all policies related to the System and coordinated solid waste management for the County, the towns .snd~ the persons and organizations in their jurisdictions, ~~ as ~ the same may exist from time to time (including all sucYi policies in effect as of the date of this Agreement). The term Solid Waste T4ianagement Plan and Poli'cies° thereby encompasses all policy choices, as in effect fxbm time to~time, related to`the~management and operation of the~System. . pState" means the State of North Carolina. .~'ByBtem" means all assets, including both real and persamal prdperty, used from. time to time i.n the' conduct of the functions of collecting and processing County Recyclables, reducing solid waste, disposing of galid~ Waste and inu.l.ching, composting and re-using'~Solid Waste, and includes both '(a) the Existing System Assets and (b) all moneys and investments related to such~funetions.. "System 13ebt~ means all obligations for payments of principal, and interest with respect to borrowed money incurred or assumed by zhe County in connection. with. the ownership or operation of the System, without regard to the farm of the transaction, and specifically including leases ar similar financing agreements which are required to be capitalized in accordance with generally accepted accounting principles. System Debt is "Outstand~ag" at all times after it ie issued or caatracted~until it is paid. • "System Employees" means employees. of Chapel Hill directly engaged in. carrying but System business (hut expressly not including employees of Chapel Hills sanitation.~departmenf). ~ ~ • °System Management Facilities" means those assets of the System used to provide (a) final disposal of solid waste, including construction and demolition waste, such •as landfills, or (b) nay other handling ar processing of materials pl~.ced in the custody •of the System, such as transfer stations, materials recovery facilities or facilities for cleaning, sorting br other processing of recyclable material. "System Revenues"' means all amounts derived by the County from the imposition of rates, fees acid charges for the use of ,. and far the services furnished by, the System. w Towas° means, collectively, Carrbora, Chapel Hill and Hillsbrirough. Ttsasfer Date" means the effective date. 18 Exhibit B -Additional Provie~ioae • Amendments." This Agreement may be modified or amended only by written amendments that are approved and signed on behalf of all. the Parties. Notices. ,~ . (a) All nOt7.C~:6 ar other cowmsxxi.cations required or permitted by this Agreement .must be in writing. (b) Any notice or other comtmmicatian 'will be deemed 'given (i) on the date delivered by hand or (ii) an the date it is received by mail, as evidenced by the date shown on a IInited States mail registered mail receipt, in any case addressed as•follows: If to the County, as follows: Orange County Attn: County Manager 200 South Cameron st. Hillsborough, NC 27278_. If to Chapel Hill, as follows: If to Carrboro, as follows: Town of Carrboro Attn: Town Manager 301 West Main St . Carrbara, NG 27510 If to•Hillsborough, as follows Town of Chapel ' Z'owa o~ • Hi11 Hillsborough Attn: Town Attn: Toian Manager , . Manager 137 North Churton.~ 306 North - St. .. • Columbia St. Hillsborough, NC • Chapel Hill, NC 27278 27515 (c) Any party. may , designate, a different address far communications by notice given under this Section to each other party. (d) Whenever in this Agreement the giving of notice is required, the giving of such notice may be waived in writing by the Party ~. entitled to receive such notice, and in any such case the giving or • receipt of such notice wi11 not be a 'condition precedent .to the validity of any action.tal~en in reliance upon such waiver. When this • 19 • ~. 3S Agreement regrn*''res that ~ . notice be given to more thaw one Party; the effective date '~af the notice will be the last date ari which notice is deemed given to any required. Party. 2do Third-Party Heaefieia=ies. Nothing expressed or implied in• this Agreement will give a~ person other than the Parties any ,rights to enforce any provision of this Agreement. There are no ,intended third-party beneficiaries of this Agreement. Survival a€ Covetiaate. All covenants, representations and warranties made by the Parties .ia this Agreement shall survive the delivery of this Agreement. Severability. If any provision of this Agreement sha~.l be held invalid or unenforceable by•any court' of competent j.urisdiction,.such holding shall not invalidate ar render unenforceable any other provision af•this Agreement. Entire Contract. This Agreement, including the Eachibits, constitutes the entire agreement between the Parties with .respect to its subject matter. • Counterparts. This Agreement may be signed in several counterparts, including separate counterparts. Each will be an original, but all •o€ them together constitute the same instrument. Recto=dable Farm. As this•Agreemeat limits the Parties' rights to dispose of their respective ownership interests in the Greene Tract, any Party may cause this Agreement to be filed in the real property • records in the office of the Register of Deeds• of Orange County. Withdrawal. Any Party may withdraw from tb:~.s Agreement (and t]ae'reb~r ~ cease . to be a Party tp this Agreement) upon •notice given to all the other Parties and subject to the following additional provisions: (aj A withdrawal may be effective only upon~the beginning of a Fiscal Year. A Tawas may withdraw only with at least one year's notice. • The County may withd=aw only with at least two years' notice. (b) No withdrawal will relieve a Party of its obligations under Part 2 so long as them is System Debt Outstanding; provided, however, that System' Debt~~first issued or contracted after the date a Party gives natice~~of Withdrawal will be disregarded for. the purposes of this paragraph• ~ . (c) Na withdrawal will relieve any Party of its individual. liability, if any, under environmental. laws .or otherwise, related to its respective use or :ownership of the System which may accrue or which • - 20 ~9 4f . 0 . , has accrued prior to the effective date of such Party's withdrawal. 'Actions by a Party. Any references to approvals or other actions by any Party will be deemed to be references to actions taken by the Party' s Governing Board or taken pursuant to express, specific direction given by the Party's Governing Board. Agreed-IIpoa Pracedusee. The terms, conditions and procedures for transferring employees and assets to•the Counter as provided for by Part 1, and for transferriz~.g the property described on Exhibit E to the County as provided for by Part S, in all cases shall be. as agreed upon by the•County, Carrboro and. Chapel Hill. Effective Date= Term. Tha.s Agreement shall take effect as provided in Part 1. This Agreement will continue in effect so long as there are at least two Parties to, the Agreement. r t, 21 . .~ • Sxhib~.t C - Regardi.ag the AdvieorY Soard ' ~tesponeibilit~.es.• .The Advisory Board's responsibilities shall include the following: (a) To recommend programs, policies, expansions and reductions of 'services, and other matters related to the operation of the System; (b) Tp suggest amendments to the Solid Waste Management Plan and Policies; •• (c) To provide advice to the County Manager for use in the County Manager's developing. the proposed •annual budget for the System, to review the budget for the System as proposed by the County Manager to the County's Goveraing~ Board, and to provide recommendations to the County's Governing Board for the approval. or amendment of the proposed budget; ~ • (d) To receive and interpret far the County public input concerning the System and the'Solid Waste Management Plan and Policies; (e) To further such mission and goals for the System as the County may adopt from time to time; (f) Ta provide prar~iptly to the County's Governing Body a _ recommendation concerning any proposal for a change to rates, fees and charges forwarded to the Advisory Board pursuant to this Agreement; and (g) Such other matters as' any Governing Board ar the County Manager may. request. ~ . ' Members;.Terms. (a) Each Governing Berard vrill appoint two members to. the Advisory Board as soon as .practicable after the date of " the 'execution ar~d delivery of, this Agreement. Each Party will notify all the other. Parties of. 'its appointments within ten Business Days after making such appointments. (b) Advisory Board members will serve staggered three-year terms. To provide for the staggered terms of- the members, the ~ini.tial- appointments by the Parties will be for the following terms: Member A County Car=bolo Chapel Hill Hillsborough 2 years 2 years 1 •year. 1 year Member 8 3 years 3 y®are 3 yeare~ 2 years 22 ~- a . 43 ' . (c) The first • year 'of the term of each initial member of the Advisory Boardsha11 be deemed to expire on June 30, 2000. Thereafter, each year of the term of an Advisory Board member will run from Ju7.y 1 through the subsequent June 30, but each member shall continue to serve until such member's successor has been duly appointed and qualified for office. (d) Bach .Party may select and appoint Advisory Berard members. in its discretion, except that no employee of a Party may be appointed as an Advisory Hoard member. This Agreement in no way requires that any member -be an elected official of the appointing Party. Any elected official of a Party appointed ta•the Advisory Baard~will be deemed to be serving on the Advisory Board ~as apart of the individual' ~~ duties of office, and will•not be considered to be serving: is a separate office. Any elected official of a Party appointed to the Advisory Board will cease to be a member of the•Advisory Berard upon such individual''s cessation of service as an- elected official of such Party (whether or not such member's successor•will be been appointed and qualified for office)', .but such Party may reappoint such individual to the Advisory •Board. Fach member of the Advisory Board (including elected officials) serves at the pleasure of the appointing Party, and may be removed at any tithe by the appointing Party, with or without cause. (e) The Governing Board that appointed the person who vacated the Advisory Board seat will fill any vacancy on the Advisory Berard. In the case of a vacancy created during the term of a member, the appointment' to fill the vacancy will be made for the remaining portion of the term in order to preserve the staggered-term pattern. PsaceduarQs. The Advisory Board may adopt its awn rules of procedure not inconsistent with the provisionu; of this Agreement and not inconsistent with the, policies and procedures governing the.~various boards and 'commissions af. the Governing Board of the County as those policies and procedures exist now and as they may be amended fram~.time to time . by resolution of the Governing Board of the County. 'The Advisory Board's proposed rules and procedures shall be presented to. the Governing Hoard of the County for review and shall mot be effective until approved by the 'cove=,-,,;,,g Board 'of the County, but' 'the Advisory Board's procedures shall include the following provisions: ~ ' (a) Each member of the Advisory Board will have one vote, except that in the event of the absence of a member, the other member appointed by the same Party as 'the absent' member will •be entitled to cast t'wo votes. Any •University member appointed pursuant to part •7 shall have only one vote, and that vote shall not be cast ~ the member's~absenee. . 23 Y~.~ . (b) A bomber of affirmative votes equal to a.majority of the authorized number of Advisory Board members will be necessary to take any action. (c) The Advisory Board's presiding officer will vote as a member of the Advisory Board, but will have no. additional or tie-breaking vote. (d) Representatives of a Party that has given notice of its withdrawal from this Agreement will have no vote on any matters that will affect the System beyond the effective date of such Party's withdrawal., and as to any such matters such. members will not be deemed to be within the authorized number~of Advisory Beard members for the purposes of subsection (b) ~ above. 24 ~-5 {'.3 Exhibit D -Legal Description of the Greene Tract .Exhibit E - Le~a.l Description of the Portiaa of the Graeae Tract. To He Devoted to Solid 6~aste Maaa~ement Purposes .~ . disk/ei799vroblekla.doc 25 '~7 ~ •~ a• Excerpt: SUMMARY MINUTES OF A: REGULAR BUSINESS MEETING • OF THE CHAPEL H~L TOWN COUNCIL WEDNESDAY, JULYY 7, 1999 AT 7:00 P.M • Item 17 -Petitions a. By the Mayor and Council Members Mayor Waldorf reminded the Council that it had made a commitment to make zoning changes on the 60 acres of the Greene Tract that were designated for solid waste use. She suggested• that as a show of good faith the Council might set a date, such as October 18~', for a hearing_ . Council Member Brown asl~ed if this would be a public hearing to change the zoning. Mr. Horton exp•1°aineti. that it would be to change what was permitted within existing zoning. Mayor Waldarf said that it meant adding material recovery facilities (IVIItF) and transfer stations as permitted uses rather than special uses, which was what they would be in that area. Council Member Foy asked if it would be more than that•60 acres. Mr. Horton said that it would actually apply to wb~erever that zoning district was. Council Member Brown said that the Council vt+as not'sure what they were calling the hearing for. Mayor Waldorf stated that her intent was to propose that the Council make amendments to the Development Ordinance and the Zoning Atlas, if necessary, "to enable MRFs and transfer stations to be permitted uses on the 60 acres of the Greene Tract that had bcen identified as exhibit E and had. been identified as the acres that will be reserved for solid waste purposes." Council Member Brown said that she was concerned about notification of the neighbors who, if it was not a rezoning, would have recourse to a protest petition. Mr. Horton said that it would not be a rezoning and. that the Town would advertise it in the same fashion that it would advertise any ordinance text amendment. Mayor.pro tem Capowski asked if there were any other rural transition areas other than tyre Greene Tract. Mr. Waldon•replied, that there were, and listed them. Mr. Horton recommended that the Council call the public hearing for th_ a purpose of considering a new zone that would lie limited' to that sixty aces. • Council Member Brown asked if it would be similar to what they did with Scazlette Drive which could involve a protest petition. Mr. Horton replied that it would be. Mayor Waldorf said that this was a much better solution. COUNCIL MEMBER FOY MOVED, SECONDED BY COUNCIL N1E'M$ER PAVAO, TO HOLD A PUBLIC HEARING ON OCTOBER 18, 1999, TO CONSIDER AN AMENDMENT TO TIC DEVELt)P141ENT ORDINANCE TO REZONE THE 6Q ACRES OF THE GREENE TRACT TO PERMIT THE USE OF A 'TRANSFER FACILITY OR A MATERIALS RECOVERY FACILITY TIRE: TIC MOTION WAS ADOPTED UNANIMOUSLY (9-Oj. Attachment 4 c,~~ Greene Tract /"Headwaters Preserve and Campus" Possible Guiding Principles and Conservation Easement Parameters March 20, 2008 Possible .Guidin~Principles for the 104-Acre Jointly Owned Property ^ Future plans and uses of the property should ensure protection of the mature hardwood forest and wildlife habitat on the site. ^ Future plans and uses should protect water quality through retention of stream buffers for each of the three stream headwaters (Bolin Creek, Booker Creek, Old Field Creek) that occur on the property. ^ Future plans and uses of the property should ensure protection of the two archaeological sites present (the remains of the Byrd and Mills homesteads). ^ The portion of the property designated for affordable housing should adhere to community guidelines and goals for creating liveable and sustainable communities. ^ The portion of the property protected as open space should provide for low-impact recreation (such as trails). o A 100-foot corridor along the rail line should be retained for possible future use by the three jurisdictions. ^ It may be desirable to identify a potential area for future playing fields and recreation, located near the area designated for "affordable housing." Proposed Conservation Easements -Basic Parameters As an added protection for the future well-being of the site, the Triangle Land Conservancy (TLC) has agreed to hold conservation easements on both 1) the 86-acre "open space" portion of the jointly-owned property, and 2) Orange County's 60-acre adjoining parcel. The basic parameters of the two easements might include the following conservation values: ^ Protection of the natural and cultural resources and conservation values on site, in perpetuity. ^ Protection of water quality through stream buffers and retention of forested lands to help filter stormwater runoff. ^ ,Provision for unpaved hiking trails, designed in concert with the natural setting and the agreed-upon conservation values. ^ Provision for one paved greenway trail, designed in concert with the natural setting and agreed-upon conservation values. ^ Provision for a mountain bike trail (non-motorized only) designed in concert with the natural setting and agreed-upon conservation values. The adopted 2002 resolution called for a new name to be given to this site, this is one suggestion. Attachment 4 ^ Retention of a 100-foot corridor of the jointly-owned property along the rail line (eastern edge of the property), for potential future use. ^ Identification of an area for possible playing fields and recreation adjoining the designated "affordable housing" portion of the property (Note: this area may either be part of the easement, or excluded from it). ^ Development of a baseline report, which would serve as the basis for future monitoring and stewardship. The conservation easement on the jointly held 86-acres would include provision for a stewardship endowment from the granting parties in an amount to be determined by the parties and TLC). A potential conservation easement on Orange County's 60 acres may include a provision to have the County's Lands Legacy Program retain stewardship and monitoring responsibilities for the property.2 2 The Orange County Attorney has opined that use of the County's 60-acres in this manner would require an amendment to the Solid Waste Interlocal Agreement.