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HomeMy WebLinkAboutMinutes - 19960930APPROVED 11!4196 ASSEMBLY OF GOVERNMENT SEPTEMBER 30, 1996 MINUTES The Orange County Board of Commissioners, Hillsborough Board of Commissioners, Carrboro Board of Aldermen, and the Chapel Hill Town Council met in joint session for the Assembly of Governments meeting on Monday, September 30, 1996 at 6:00 p.m. in the Homestead Community Center, Chapel Hill, North Carolina. ORANGE COUNTY BOARD OF COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and members William L. Crowther, Alice M. Gordon, Stephen Halkiotis, and Don Willhoit. CHAPEL HILL TOWN COUNCIL MEMBERS PRESENT: Mayor Rosemary Waldorf, and members Julie Andresen, Joyce Brown, Joseph Capowski, Mark Chilton, Pat Evans, Richard Franck, and Lee Pavao. CARRBORO BOARD OF ALDERMEN: Mayor Michael Nelson, and members Hank Anderson, Jay Bryan, Hilliard Caldwell, Jacquelyn Gist, Diana McDuffee and Alex Zaffon. HILLSBOROUGH BOARD OF COMMISSIONERS: Mayor Horace Johnson HILLSBOROUGH TOWN COMMISSIONERS ABSENT: Commissioners Kenneth Chavious, Evelyn Lloyd, Catherine Martin, Richard Simpson and Remus Smith. Andy Sachs, with the Dispute Settlement Center, called the meeting to order and reviewed the agenda. The agenda was approved and the meeting was opened for comments. Council member Andresen requested that the following issues be thoroughly discussed: 1) the anticipated cost of siting the landfill; and, 2) consideration and analysis of other plans. She stated that a referendum would be an acceptable way for the final decision to be made. She felt that the management issues would be difficult to decide unless these other issues were discussed first. Alderman Gist stated that the LOG decided to start with the reorganization to simplify the process. There will be ample opportunity for discussion of all other issues. Mayor Waldorf asked if it was true that all four units of government would agree to each decision prior to implementation. Commissioner Crowther said he feels that if a new management model is approved that the current management needs to be asked if they would accept the new model. Mark Chilton highlighted the issues of concern as well as the current LOG proposal. Those issues are: 1) A lack of leadership on solid waste issues resulting from a cumbersome decision making process. Every decision needs to go to all four elected Boards, be decided , renegotiated and frequently returned again to the Boards. Decisions are being made by default. 2) Each of the three Boards which invested in the landfill funds have veto power which is crippling to the process. 3) The issue of who the LOG staff is responsible to continues to be unresolved. They actually report to the Chapel Hill Town Manager which causes Chapel Hill to have more of an influence than the other units of Government. 4) There is a perception that these decisions do not affect Hillsborough. The reality is that Hillsborough is actually critical to the process. 5) The tip fee is influenced by all units of government but the landfill budget can be changed by the Chapel Hill Town officials which gives them more influence than other parties.. PROPOSAL The new management model as proposed by the LOG would have the staff be responsible to an eight member board made up of two elected officials from each Board. At a later time, the membership could shift to one elected official and one citizen. Decisions would be made using majority rule with a super-majority being required for certain decisions. The Board would govern the staff at the landfill and the staff would operate as a department of County Government. Mayor Waldorf expressed concern about how the citizens would hold the Board accountable for its decisions. There was a lengthy discussion about assuring that the newly created Board is accountable to the citizens that they will be serving. Elected officials may need to serve on this Board indefinitely. Chair Carey indicated that the need for this Board to address substantial debt must be resolved. Council Member Chilton mentioned that the model being suggested by the LOG could not issue bonds, however, it could issue Certificates of Participation or Special Revenue Bonds. One of the local governments could use its authority to support a solid waste bond. Council Member Franck repeated that one major concern with the current model is that there is no avenue for citizen input. CLARITY OF PROPOSAL. In response to questions and comments from the participants the following information was presented. 1) Decisions about staff salary would be the responsibility of the new Board. 2) This model would create a totally independent Board 3) The Elected Boards would have to decide about funding. Currently the tip fee is the only source of income. There could be a discussion about a municipallcounty tax to generate income. 4) The issue of Board stipend would need to be decided. 5) Would this function appear on the County's audit and would it be an enterprise fund? There was discussion about the structure of other Boards which handle solid waste in their communities. There are three in North Carolina. The Coastal Region, Albemarle and Tricounty Management Authority. The super-majority vote would be required when the tipping fee is suggested to be increased for more than 10% and when contracting for an obligation in excess of $1 million dollars. Although the 6-2 vote could shut out one unit of government so that their concerns were not addressed, it also would eliminate the problem of one unit of government stopping the process. Chilton indicated that the newly formed organization could dip into reserves to pay debt but would be more likely to turn to the elected officials for additional funding. A discussion of participant's interests followed. Some of those interests are: • elected officials make all of the decisions • accountability between decisions makers and staff • accountability between members of board to other elected boards and to citizens. • fair treatment of residents around the landfill • a mission statement needs to be clearly stated and highly publicized. • a decision making process that is efficient • a structure which empowers reaching consensus wherever possible Alderman Caldwell asked that the School Boards be included in future discussions of this issue. It is important that all elected officials be a part of this process. Council member Capowski indicated the importance of the cost being shared fairly between all units of government. The Durham County residents who live in Chapel Hill must be protected as well. There was a lengthy discussion about costs being shared and decisions reflecting the financial state of the various parties. Also, that staff maintain their current level of benefits. This needs to be discussed in light of regional considerations. Short term fiscal decisions must not take more weight than long term environmental, social and long range fiscal issues. The management for the newly created structure needs to be open to new developments in technology. Economic considerations need to be included in waste reduction planning. The meeting broke into small-groups in order to brainstorm. The following issues were identified. • Decision-makers need to be accountable to citizens/customers, governing board staff, as well as individual governing boards. • Cost needs to be fair across jurisdictions by assuring that it is reasonable to citizens and is in proportion to other government expenses and maintains individual government budgetary soundness. • All parties need to be included in the decision making process. The financial situation of each entity needs to be considered. • There will be no loss of benefits to any effected employees. • Consensus should be the preferred option to resolve issues. • Access to decision makers by citizens must be assured • There needs to be a "back door" should the structure be unworkable after it is established. • Management needs to keep up with new advances in technology • A vision for the future needs to be maintained. • Must be responsible to the environment • Residents near landfill must be treated fairly. • Health and welfare concerns of near residents must be considered • Public private ventures need to be pursued • Regional issues must be considered • Develop a simple, cost effective solid waste plan. There was discussion about the importance of the elected officials creating a mission statement which will be used to guide this structure. During a discussion of problemsiconcerns with the current proposal the following issues were mentioned. • Decision making process does not reflect the financial situation of all elected bodies. • The 4 x 2 representation does not reflect the approximate amount of waste generated by the entities. • Carrboro does not want Chapel Hill to have more power in any area that affects Carrboro's budget • It is important that a level playing field be created so that policy is created because it is the best idea and not because it is in one entities best interest. • The influence could be said to be weighted toward the board members of the smallest town. This would be a rate setting board which tends to give members a great deal of influence in smaller communities. • An additional member could be added to the board. This member would Chair the board and vote only in the event of a tie. • The financial issue could be divided into the tipping fee vs. long range issues such as the Greene tract and ownership of the landfill. • Another option is to have only citizens on the Board • Some decisions could be made by the four Boards. • This could be an advisory board which was accountable to the Board of County Commissioners The following options were open for consideration. 1. Accept the option as presented by the L.O.G 2. Accept the option as presented by the L.O.G. and add one additional member who would vote only to break a tie. 3. Establish consensus and when that was not possible use a weighted vote 4. Votes weighted according to the amount of waste generated 5. Appoint citizens to serve on the Board 6. Have the Board of County Commissioners serve as the Board 7. Send large decisions to the elected Boards with other decisions being made by the new Board 8. Have an advisory board which reports to the Board of County Commissioners There was a lengthy discussion on which of these options would be the most effective way to govern the landfill. Each unit of Government discussed the issue among themselves and reported as follows. Mayor Johnson, Town of Hillsborough, stated that Hillsborough has already passed a Resolution requesting that the Board of Commissioners take over the landfill operations. If that option is not implemented, Hillsborough will consider having their solid waste removed from the county. Commissioner Crowther stated that the Board of Commissioners favored the creation of a Department of County Government to oversee operation of the landfill along with an Advisory Board which made recommendations to the Commissioners. Mayor Waldorf indicated that Chapel Hill did not have a consensus. Five Council members favored the L.O.G. proposal as modified to be like the Board of Health with a 9th member added. She and Pat Evans had questions about the County having significant control over the Town of Chapel Hill's budget as well as the County's ability to balance the cost and benefits of rural vs urban solid waste programs. Mayor Nelson indicated that the Town of Carrboro did not reach consensus. They were split among several of the options. It was decided to hold another Assembly of Governments meeting to allow further discussion prior to resolving this issue. The next meeting of the Assembly of Governments was not officially scheduled. However, the date of October 29, 1996 will be considered. There being no further business, the meeting was adjourned. Respectfully submitted, Kathy Baker