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