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HomeMy WebLinkAboutMinutes - 19961113APPROVED 12/2/96 ASSEMBLY OF GOVERNMENTS SOLID WASTE SUMMIT II November 13, 1996 MINUTES The meeting was convened by Chair Carey, Jr. He welcomed the elected officials and announced that the Economic Development Center's State of the Economy breakfast would be held in the morning at the Friday Center. 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, Edith Wiggins and Lee Pavao. CARRBORO BOARD OF ALDERMEN PRESENT: Mayor Michael Nelson, and members Hank Anderson, Jay Bryan, Jacquelyn Gist, Diana McDuffee and Alex Zaffon. CARRBORO BOARD OF ALDERMEN ABSENT: Hilliard Caldwell HILLSBOROUGH BOARD OF COMMISSIONERS: Mayor Horace Johnson HILLSBOROUGH TOWN COMMISSIONERS ABSENT: Commissioners Kenneth Chavious, Evelyn Lloyd, Catherine Martin, Richard Simpson and Remus Smith. The meeting was turned over to Andy Sachs of the Dispute Settlement Center. He stated that the intention for this meeting was to identify a preferred management model for solid waste management in Orange County. He explained the agenda and asked for additions and changes. The options for management structure which were created at the September 30th Assembly of Governments' meeting are listed below: • Orange County Government would control the budget and set policy with the help of an Advisory Panel. • Orange County Government would control the budget with the help of an independent policy and decision making panel. • A Board independent of County Government would set both budget and policy Suggestions from the September 30th Assembly of Government's meeting for how the policy and/or decision making Board would be structured are listed below: • Four units of government would each have two members • Four units of government would each have two members with one additional member whose appointment would rotate between Orange County and Chapel Hill • Four units of government would each have two members with one additional member whose appointment would rotate between Orange County and Chapel Hill. The rotating member would vote only to break a tie vote. • No new management structure until neighbors' concerns are resolved fairly and commitments are made to 50% reduction in waste. The following needs were identified at the last Assembly of Government meeting: • an effective decision making structure for solid waste issues • provisions for waste disposal after the current landfill closes • units of government need to have a role in decision making which is commensurate with the fiscal impact of the decision on each jurisdiction • clear accountability of decision makers to each of the local jurisdictions • clear accountability of decision makers to citizens • neighbors of new landfill taken seriously; concerns resolved fairly • implementation of steps toward 50% reduction in waste generated • ongoing working relationship among the jurisdictions • the ability to raise funds and to incur substantial debt • accountability of staff to the waste decision makers • balance short term fiscal impacts and long term environmental, social and fiscal impacts • preserving employee benefits for staff • keep up with changes in technology • coordinate regionally • elected officials have to be held accountable Commissioner Gordon felt that elected officials need to be held accountable for decisions of this scope. Council member Brown suggested that there might be another way to assure the accountability of the elected officials other than to have them be on the Board created to make decisions about solid waste. Andy Sachs suggested that each Board give a status report on where they are as a Board. CHAPEL HILL TOWN COUNCIL: Council Member Andresen stated that the Council met to discuss options and voted to support Option 2 in Cal Horton's October 28th letter. That option would support County Government ownership with a policy making board. The powers of the policy making board are listed in the October 28th letter which is incorporated herein by reference. CARRBORO BOARD OF ALDERMEN: Mike Nelson stated that Carrboro has reached consensus regarding the County having control of solid waste management. However, they have interests which he reviewed. Those interests are listed and explained in a document titled "A Proposal For County Responsibility for Solid Waste Management". That document is incorporated herein by reference and is in the permanent agenda file in the Clerk's office. ORANGE COUNTY BOARD OF COMMISSIONERS: Chair Carey indicated that the Board of Commissioners have not taken formal action, however, they have reached consensus on the management structure they prefer. That structure would call for County control of both the budget and policy with the help of an advisory board. HILLSBOROUGH BOARD OF COMMISSIONERS: Mayor Horace Johnson indicated that the Hillsborough Board of Commissioners has voted to approve the County having ownership and management of the landfill. Hillsborough would like to have a 20 year contract with a 5 year renewable clause. They are also committed to the neighbors being treated fairly. Commissioner Willhoit referred to the tiered decision making process which he felt would be a bridge between the concepts being presented. That approach would be as follows: Policy, Budget, Solid Waste Management (SWM) maintenance plans developed by one Board. "SWM Council" * County adopts, selects and purchases sites. * Jurisdictions comment within 30 days. * Increases >5% (unless debt service) approved by jurisdictions. * Local issues left to local jurisdictions. This approach would call for the County to make decisions unless the issue in question was one that called for another level of decision making. The Board of County Commissioners would make decisions with the advice of a Solid Waste Council. Sign off by the individual Boards would be required for increases of more than five (5%) per cent. The incurring of debt would require an interlocal agreement. The County would take care of solid waste through a contractual agreement with the other Governments. Those units of government could make other arrangements if they so chose. Commission Crowther supported the proposal mentioned by Commissioner Willhoit. Council Member Brown repeated that the Town Council is not willing to give up its decision making authority. Council member Chilton pointed out that although it would be legal for local governments to make other arrangements for their solid waste, it would not be prudent. If the County is responsible for the disposal of solid waste they are going to need to have the cooperation of the other elected boards. Alderman Gist asked if language could be put into an interlocal agreement that would protect the neighbors. Alderman Bryan assured the group that the neighbors could be protected in that way. Council member Chilton asked Commissioner Willhoit to elaborate on the tiered approach to decision making. Commissioner Willhoit replied that the elected officials would have to decide which issues would go into the tiers. Council member Andresen felt that it was important to remember that the County cannot enter into a process for dealing with solid waste until there is an agreement that the waste is going to be managed by one entity. Alderman Zaffron stated that Carrboro's decision is based on the relationship between the County and Carrboro being contractual. He felt that Commissioner Willhoit's proposal for the interlocal agreement does not address Carrboro's concerns. He did not envision this as a long term interlocal agreement but rather as a contractual agreement. Council member Andresen also felt that a contract would make it easier for an elected body to opt out of the agreement. Commissioner Gordon commented that one of the major problems is that all four governments have to agree in order for the process to move forward. That agreement has not been forthcoming. To move at least one step forward, she asked if the elected officials would consider having all four units of government being a part of the decision making process with only three units being required to make a decision. The responsibilities of the LOG could be put into written form. She also suggested that Duke be contacted to request their involvement in this process. Alderman Gist mentioned that the mission, goals and responsibilities of the LOG have been spelled out and that information is available. Council member Franck commented that setting recycling goals and having input on the tip fee was important to him. Mayor Nelson said he wanted there to be local control of collection issues. Council member Chilton mentioned that he did not want to give up all of the control of the tip fee. Council member Evans wanted to be assured that advances in the area of waste disposal would be considered. Alderman Bryan suggested that a smaller group be formed consisting of representatives of each unit of government. This group could be asked to respond to both Commissioner Gordon's proposal and Commissioner Willhoit's proposal. Chair Carey suggested that the staff and attorney for each unit of government be requested to work together and draft a solid waste management plan and an interlocal agreement. Several members of the group agreed with this suggestion but others thought such a step would be premature. The meeting was divided into small groups to discuss who should make decisions using a tiered model: The Jurisdictions, The County, or the SWM Council (Board). The outcomes of those decisions are listed below: GROUP ONE JURISDICTIONS COUNTY BOARD (Large Decisions) (Medium Decisions) (Small Decisions) • Decisions on policies by • Issue Government • Incorporate Mission 3 out of 4 governing Bonds with Interlocal Statement & Goals bodies Agreement (already developed) • Siting Landfill 0 Administrator (CAO) 0 Develop Policies 5 accountable to County Manager and Board • Integrated Solid Waste Management Plan & changes to the plan • Tipping Fees Increases (Ig) GROUP TWO JURISDICTIONS • Approve SWMP (3 of 4) • Tip Fee over 5% (4) • Dec. to incur debt (4) • disposition of current assets COUNTY • Staff: Co. Manager with recom. from Council • Budget with rec. from council • Tip Fee less than 5% • issue bonds, acquire property with recom. from council • landfill siting GROUP THREE JURISDICTIONS COUNTY • Appoint board members • appoint director & staff • *citizens • administration/operation • tip fee over 5% • bonds • legal services *citizens • budget *Note: Citizens can petition to all three tiers GROUP FOUR JURISDICTIONS • Solid Waste Management Plan (SWMP) • Disposal Method (i.e. in county vs. Out of county, land fill siting) • debt • compensation • tip fee (Ig) • Interlocal agreement COUNTY • tip fee (small) • property acquisition • budget categories • GROUP FIVE JURISDICTIONS • collection decisions • enter into contracts or interlocal agreements COUNTY • final budget approval • debt issuance (not General Obligation • make small decisions (to be defined COUNCIL • Policy & Programs • Propose amendments to SWMP • decision to incur debt BOARD • *citizens • services & programs BOARD • allocation with in budget • hire/fire solid waste Administrator (CAO) BOARD • keeps up w/ technology • recommends on solid waste services/policy • transfer assets • Large Tip Fee increases {over 5% or fixed amount {cpi}) • hears from citizens • Methods to reduce volume (unit based pricing vs. Collection bans) bonds) • ownership and acquisition of land/facilities • user tax authority • authority to negotiate land with neighboring jurisdiction or landowner • administration • hears from citizens • Smaller tip fees • hears from citizens The options above were reviewed. It was decided to have a maximum of two elected members of each Board, along with whatever staff they choose, meet to review these suggestions. They will draft a preferred management model for solid waste management in Orange County to be presented to the elected boards. Chapel Hill Town Manager Cal Horton will convene the meeting. There being no further business, the meeting was adjourned. The next regular meeting of the Orange County Board of Commissioners will be held on Tuesday, November 19, 1996 at the OWASA Community Meeting Room, Jones Ferry Road, Carrboro. North Carolina. Moses Carey, Jr., Chair Kathy Baker, Deputy Clerk