Loading...
HomeMy WebLinkAboutMinutes - 19970417APPROVED JUNE 2, 1997 ASSEMBLY OF GOVERNMENTS APRIL 17, 1997 MINUTES The regularly scheduled Assembly of Governments meeting was held on Thursday, April 17, 1997 at 6:00 p.m. at the OWASA Community meeting room, Jones Ferry Road, Carrboro. North Carolina. ORANGE COUNTY BOARD OF COMMISSIONERS PRESENT: Chair William Crowther and members Stephen Halkiotis, Moses Carey, Jr., and Alice Gordon CHAPEL HILL TOWN COUNCIL MEMBERS PRESENT: Mayor Rosemary Waldorf and members Julie Andresen, Joyce Brown, Joseph Capowski, Mark Chilton, Pat Evans, Lee Pavao, Edith Wiggins and Richard Franck. CARRBORO BOARD OF ALDERMEN PRESENT: Mayor Mike Nelson and members Hank Anderson, Jay Bryan, Hilliard Caldwell, Jacquelyn Gist, Diana McDuffie and Alex Zaffron. HILLSBOROUGH BOARD OF COMMISSIONERS PRESENT: Mayor Horace Johnson. Chair Crowther convened the meeting at 6:00 p.m. and welcomed the assembled elected officials. SHAPING ORANGE COUNTY'S FUTURE TASK FORCE - UPDATE: Council member Joyce Brown reported on the progress that this Task Forces is making. She mentioned that they have recently divided into geographic committees and that the members have an extraordinary level of interest and commitment. They are currently planning four (4) community meetings as well as developing a comprehensive list of resources. Also a survey has been developed which will run in three local newspapers introducing the Task Force and what they are doing. At the present time they are meeting two times a month and have scheduled speakers such as Fleming Bell with the Institute of Government. Attendance at these meetings is exceptional with upwards of 85-90% attendance at each meeting. COOPERATIVE PROJECTS - UPDATES ON SUCCESSES: Chair Crowther asked for discussion and comment on recent successful cooperative projects. Hargraves Gymnasium: This project, which was the result of cooperation between Orange County and the Town of Chapel Hill, has been a great success. The ground was recently broken for this gymnasium. Chapel Hill/Chatham County: Mayor Waldorf reported that a meeting between the Town and the County of Chatham is scheduled. This is the culmination of almost a year of relationship building. In March they met to discuss transportation issues as well as the process for continuing communication. Chatham County wants Chapel Hill to contract for bus service into Chatham. Information on this planning process will be sent to all elected officials. Chatham County officials have suggested forming an interlocal work group, consisting of themselves, Chapel Hill, Orange County, and Carrboro. Chatham & Chapel Hill will meet again on May 6th to discuss this further. Alderman Gist suggested that since many of UNC's staff live in Chatham it would make sense for the University to be involved in these discussions. Mayor Waldorf agreed to follow through on this. Northwest Transition Area: Alderman Bryan mentioned that on Saturday, May 31 st Carrboro, Chapel Hill & Orange County will meet to discuss the Northwest Transition area. Land Use Council: Commissioner Gordon reported that each unit of government has recommended members to serve on this Council, with the exception of the Chapel Hill Carrboro Schools System. This group would work on recommending a model for cooperation among the units of government. It might discuss the Meadowmont school site upon request. Council member Capowski asked for an update on the status of discussion regarding Meadowmont and the possibility of its having a school site. Town Manager Horton indicated that they have reviewed the site with the School Board and school administrators are now reviewing it. The initial review is favorable. The land was conveyed by Fee Simple Title and the Special Use Permit conditions would be set by the Town Council. Commissioner Halkiotis voiced his concern about using the bottom area for the playing fields. Those areas are frequently flooded and do not make good playing fields unless they are filled-in prior to construction. He offered the schools the services of the County Engineer to help determine the suitability of this land for playing fields. Martin Marietta Aggregate: Alderman Gist reported that Martin Marietta Aggregate and its neighbors have reached a general agreement. They will meet soon to work out the details of the agreement. Hillsborough Park & Native American Village: Mayor Johnson reported Hillsborough and Orange County have been working together on this project. Plans are moving ahead and within the near future there will be both a park and a Native American Village on this site. Soccer Fields: Mayor Johnson reported that EuroSport is interested in donating several soccer fields and asked that Orange County continue to discuss the possibility of working with Hillsborough on this project. Greater Triangle Regional World Class Conference: This conference is scheduled for December 17, 1997. All elected officials are requested to put this on their calendars. COOPERATIVE PROJECTS - UPDATES ON AREAS FOR IMPROVEMENT: Chair Crowther mentioned that the issue of a gymnasium at Southern Village is an example of a breakdown in communication. Commissioner Gordon mentioned that the request for this gymnasium was received by the Commissioners on February 18 and was discussed at their March 5th meeting. She indicated that a copy of that section of the minutes would be distributed to all elected officials. Councilmember Andresen suggested a coordinated and cooperative approach to recreational planning for the county as a whole. County Manager Link mentioned that the first draft of a document entitled "Cooperative Recreational Planning would soon be distributed to each unit of government for their review and comments. UPDATE ON SOLID WASTE ISSUES: Chair Crowther indicated that the current draft of the "Interlocal Agreement Concerning Solid Waste Management Matters" would be reviewed and discussed. Mayor Nelson commented that he would suggest using one-third of the Greene Tract as a park and another third for housing, preferably low income. The final portion of the tract would be sold with the proceeds being put into a trust. Alderman Anderson asked about the possibility that a school would be built on this land. Mayor Nelson replied that there has been no communication from the school system indicating that they would like to have that land for a school site. Councilmember Brown requested that the preservation of this tract of land be fully considered. She felt that the people of Chapel Hill have indicated a strong preference for preserving open space. Mayor Nelson suggested that one option to consider could be selling the land to the Nature Conservancy. Alderman Zaffron asked if there were suggestions regarding the money that would be generated which would go into the general Landfill fund. Also, how would the remaining land be governed. Alderman Hank Anderson mentioned that the recreation study has shown a need for a district park of at least 100 acres. This would be a very good location for such a park. Mayor Waldorf mentioned that this tract could be set aside for a school/park facility with the final decision being made at some future time. Commissioner Gordon agreed. However, she pointed out that the land is an asset of the landfill and she felt that there had been agreement that the revenues from this land would be used to offset the cost of the landfill. Councilmember Chilton stated that he did not believe that the revenue from the Greene Tract should remain in the landfill fund. It has been discussed and there may be a legal requirement to do so, however, he disagrees with that interpretation. Councilmember Andresen asked if the school system was interested in the site for a school? Chair Crowther suggested that he and the Mayors meet and craft a final resolution for consideration by each unit of government. Mayor Waldorf mentioned that each of the Boards could also discuss what to do with this tract of land prior to receiving the resolution. Councilmember Brown stated that she preferred that the entire group discuss and craft the resolution. Mayor Waldorf commented that in any case each unit of government would need to discuss this issue separately. Alderman Zaffron suggested that the proposal in its current form be discussed by each unit of government. Then comments could be forwarded for discussion at the Mayor's meeting. Commissioner Carey requested that it be determined if, in fact, the Greene Tract is legally an asset of the Landfill. If it is, a decision would need to be made that it would not be an asset of the fund before considering other options. B. ADJACENT LANDOWNERS MEETING: Alderman Gist mentioned that the neighbors need to be treated fairly. She felt that the concept that "someone has to sacrifice for the good of the whole" is not necessarily valid. She requested that the decision about compensation be made objectively without the assumption that someone was going to have to sacrifice. There will be a meeting with representatives of the LOG and adjacent landowner on June 2nd. This meeting will be facilitated by Andy Sachs of the Dispute Settlement Center. She mentioned that it was important that the outcome of this meeting be respected by the individual units of government. C. SITE SELECTION: Chair Crowther mentioned that the public hearing requirements for siting a new solid waste facility have been fulfilled. Commissioner Carey mentioned that the LOG and three of four units of government have already decided which site to select. Councilmember Chilton mentioned that this was a preliminary agreement only, and there remain legal questions to be answered. Alderman Anderson commented that there continue to be unresolved issues, including the structure of the reorganized L.O.G.. He mentioned that he personally is beginning to have second thoughts about where to site this landfill. In response to a questions, Mayor Waldorf mentioned that July 1st has been mentioned as a possible date for a final decision to be made. D. REORGANIZATION: Mayor Waldorf reported that these meetings got off to a good start with Mayor Nelson providing a list of ideas on which consensus had already been reached. They intend to meet one final time to make additional revisions prior to sending the reorganization recommendation to the elected officials for discussion and action. There were comments, questions and discussion as follows: • In order for the landfill to be financially stable it must be a requirement that units of government use landfill. • No taxes will be levied for a landfill, however, there could be a fee for service to the towns which could come from the General Fund. • Reduction in the amount of solid waste going to the landfill will eventually cause increases in tipping fees because of a decrease in revenues. • Chapel Hill officials have a commitment to assuring that their constituents do not pay twice for solid waste disposal by paying for their own disposal as well as a portion of Orange County's. • The draft agreement indicated that the administrative costs of the system can be charged back to the system. • After adoption of the new plan, the benefits and liabilities will belong to the County. For example, if it is discovered, after the transfer that something illegal was occurring prior to the transfer, the towns will look first to the County to solve the problem. It would be possible at that time that the EPA would determine that all units of government continue to bear responsibility. • Operating the landfill would be the responsibility of the County. Each unit of government would be required to use the landfill. In response to a question, Bob Jessup, the attorney who is working with the L.O.G. indicated that if an environmental disaster was discovered to have existed prior to the transfer the County would be responsible for using system revenue only. If a problem needs to be fixed it would be possible to raise money or to finance and recover the debt service. EPA would also look to the parties who disposed of that waste in the landfill. He also pointed out that the agreement does not transfer the Greene Tract to the County, nor does it address the future of the Greene Tract. In response to a question regarding the cost of recycling Mr. Jessup indicated that Article 5.8 discusses Other Fees , how they would be raised, and what the procedure would be if the County recommended a change and the proposed Solid Waste Commission rejected that recommendation. The possibility of using a district tax was mentioned. It was also suggested that it is not appropriate to use an Interlocal Agreement to determine that General Tax Funds would not be used for collection in non-urban areas. That would be unnecessarily limiting the County. Geoff Gledhill indicated that an agreement that limits the county's ability to use tax revenue is not legally binding and should not be in this agreement. Commissioner Gordon requested clarification of section 7.02 Withdrawal of a Party. Mr. Jessup indicated that although a party could withdraw from the agreement, they would still be required to deliver their solid waste to the landfill. INTEGRATED SOLID WASTE PLAN: Councilmember Franck reported that the comments of each unit of government were received and reviewed. The solid waste staff has been charged with developing the framework of this plan. It will be presented to the Landfill Owners Group on May 8th for discussion and recommended changes. The approved draft will be presented at Public Hearing on May 22nd. On May 28th the Landfill Owners Group will meet and hopefully approve the Integrated Solid Waste Plan which will then be forwarded to each unit of government for approval. The plan will indicate various services as well as suggested costs for those services. The LOG has recently met to review the 1997-1998 fiscal year. Commission Gordon asked if this is the same Solid Waste Plan that the State is requiring to be forwarded to them. Councilmember Franck indicated that they have decided that it will be the same plan. Commissioner Gordon also mentioned that she did not believe that there was agreement on the Material Recovery Facility (MRF) and asked that it not be included in the plan. She requested additional information on this type of facility. Councilmember Franck mentioned that when the LOG makes its recommendations there will be only one month to adopt the plan in order to meet the State's requirements. All units need to be able to approve the plan within the next month in order to meet the July 1 st deadline. Councilmember Chilton indicated that the agreement says that the County should operate consistent with the adopted plan. The county will need to adhere to the agreement. There being no further business the meeting was adjourned. The next Assembly of Government meeting will be held on September 25, 1997 at the Homestead Community Center, Homestead Road, Chapel Hill, North Carolina. William L. Crowther, Chair Kathy Baker, Deputy Clerk