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May 16, 2011 (Regular Meeting) Page 433 Vice Chairman Poole expressed support for the concept and MOVED to approve a Memorandum of Understanding (MOU) between Cabarrus County, North Carolina, USA and Greenway Waste Solutions, LLC a North Carolina limited liability corporation as it relates specifically to the Irish Potato Road C and D Landfill located at 4441 Irish Potato Road, Concord, North Carolina 28025, subject to review and or revision by the County Attorney and County staff. Commissioner Carruth seconded the motion. Commissioner Measmer reiterated concerns he raised at the May 2, 2011 work session related to his and other citizens' efforts with the Town of Harrisburg and landfill owners to get a berm built to bring the Highway 49 facility into compliance. He also addressed environmental hazards such as sheetrock dust and purple rain coming from the facility. Further, he reported on the City of Concord being charged for services not rendered when they contracted with this company. He also inquired if a bid process is required, asked whether GWS will pay rent or not and stated his intent to not support the MOU. Lastly, he noted the lack of data being gathered for the opposition, noting that none of the affected property owners were contacted. Chairman White reported he visited the area three (3) times since the work session and can only see approximately 30 feet of the landfill. He also noted that Commissioner Measmer lives at the end of Homestead Drive and asked why that fact was not disclosed. Commissioner Measmer advised he lives further down the street, but that many citizens, which are not family members, are affected. He further advised he informed the County Manager of this fact approximately six (6) months ago. Discussion continued. Commissioner Carruth expressed support for moving forward with the concept due to budgetary implications on the tax rate. Commissioner Measmer continued to address the likelihood of liability issues for the County in the future and landfill closure costs. Chairman White speculated th bonds or obligate some cash reserve issues, but all of these details period and included in the contract. e company will likely issue performance s to cover closure costs or contamination will be addressed in the due diligence Discussion continued. In response to inquiries from Commissioner Burrage, Ron Gilkerson, Greenway Waste Solutions Senior Geologist, stated Greenway Waste Solutions (GWS) has operated the Harrisburg Highway 49 facility since early 2000 and that facility has never been cited for a compliance violation from the North Carolina Department of Environmental and Natural Resources (NCDENR). He also reported GWS has a performance bond and a $3 million remediation bond on the Highway 49 facility for closure and post closure. Mr. Gilkerson also addressed the height of the berm, which exceeds Harrisburg's requirements; noted the compliance letter from the Planning Director with the Town of Harrisburg dated May 3, 2011, as included in the agenda packet; and, advised the "purple rain" as mentioned by Commissioner Measmer at the work session, is nonexistent. Further, he reported GWS has a great working relationship with the City of Concord and the comments made by Commissioner Measmer at the work session are troublesome. Furthermore, he said GWS has a meeting scheduled with Concord to renew their contract. Vice Chairman Poole clarified that her motion includes "subject to review and or revision by the County Attorney and County staff ". After further comments from Commissioner Measmer, the MOTION carried, with Chairman White, Vice Chairman Poole and Commissioner Carruth voting for and Commissioners Burrage and Measmer voting against. The MOU as set forth in the Agenda is as follows: CABARRUS COUNTY - GREENWAY WASTE SOLUTIONS MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is between Cabarrus County, North Carolina, USA (the "County ") and Greenway Waste Solutions, LLC, a North Carolina limited liability corporation ( "Greenway "). It relates specifically to the Irish Potato Road C &D Landfill located at 4441 Irish Potato Road, Concord, North Carolina 28025 (the "Current Landfill ").