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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
BI-MONTHLY WORK SESSION
OCTOBER 30, 1997
The Orange County Board of Commissioners met in regular session on Thursday, October 30, 1997
at 7:30 p.m. in the meeting room of the Government Services Center in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair William L. Crowther and Commissioners Margaret
W. Brown, Moses Carey, Jr., Alice M. Gordon and Stephen H. Halkiotis.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Managers Rod
Visser and Albert Kittrell and Clerk to the Board Beverly A. Blythe (All other staff members will be identified
appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
AGENDA
1. CLOSED SESSION
A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to go into
closed session for the purpose of Attorney-client Privilege by authority of G.S. Section 143-318.11(a)(3).
VOTE: UNANIMOUS
A motion was made by Commissioner Carey, seconded by Commissioner Brown to
reconvene into regular session.
VOTE: UNANIMOUS
2. SOLID WASTE MANAGEMENT ISSUES
a. Chronology of major steps in solid waste deliberations from September 1996 to the
present
In answer to a question from Commissioner Gordon, County Attorney Geoffrey Gledhill
explained that effective with the 1995 amendment to the Solid Waste Act, every local government in North
Carolina was responsible for filing and having approved by the State a solid waste management plan within
their own jurisdictions. The important thing about this law was that it made the State responsible for the
entire solid waste business. Each city is responsible for its solid waste in its jurisdiction and the County is
responsible for the unincorporated areas including the transitional areas. This act focuses on cooperation
locally and regionally to deal with solid waste.
Commissioner Gordon clarified that what it means in Orange County is that all four
jurisdictions have equal responsibility for handling the trash in their jurisdiction.
b. Information needed on the operational and financial structure of the present landfill operation
c. Further deliberation on the community benefits
Finance Director Ken Chavious explained that the enterprise fund is in good financial
condition. They have reserved funds for equipment, site development and other capital improvements.
Commissioner Gordon mentioned that for the business to stay self-supporting, trash must be
taken in and by encouraging recycling, the waste steam is reduced.
John Link noted that reducing the amount of tonnage coming in would not change the fixed
cost which means that the tipping fee would need to be increased to cover the recycling effort.
Commissioner Halkiotis feels that the County cannot guarantee to maintain the same number
of people and the same level of equipment for landfill operations if a transfer station is built.
Commissioner Carey feels it would not be beneficial to be restricted by a lot of conditions if the
County takes over the solid waste management for Orange County. A decision as to whether or not we want
to just do something for the unincorporated area needs to be made. The County could then determine the
conditions for adding the municipalities as partners if they so desire.
John Link will provide an estimate of what the fixed cost will be if the percentage of recyclables
is increased and how the cost of community benefits would impact the fund balance.
d. Possible approaches for a future solid waste management facili
e. Further articulation on the disposition of the Greene Tract
Chair Crowther said that three options for solid waste management include (1) keeping the
LOG until the landfill is depleted, (2) agreeing with the interlocal agreement or (3) taking responsibility for
management of the County's solid waste.
Commissioner Carey likes the possibility of the County taking full responsibility for
implementing a new solid waste plan with the County being the lead entity responsible and inviting the
municipalities to participate. The county would be responsible for deciding the staffing, siting the facility if
they go with a Material Recovery Facility (MRF), and taking charge of all the assets.
Chair Crowther likes the idea of moving in that direction but only after the current landfill is full.
He feels this would allow adequate time for the County to develop and put a plan in place and allow time for
the other jurisdictions to decide if they want to participate. The County will have a mechanism to deal with
their own solid waste by building a MRF, a transfer station or another landfill within 5 to 7 years. He feels we
need to plan for taking care of the solid waste in unincorporated areas which is the County's only true
responsibility at this point.
Commissioner Gordon agreed that is where the County needs to start and then maybe invite
the municipalities as partners later in the process.
The Board developed several scenarios which are listed below: (taken from blackboard)
SCENARIO #1
County responsibility countywide
Staff
Siting of MRF, Landfill, Transfer Station, etc.
Control of Assets
Seek Customers within Orange County
Advisory Board
Enterprise
SCENARIO #2
Pursue #1 but have Chapel Hill operate present landfill for its life
County pursue #1 for new solid waste operations by year 2003
Enterprise
SCENARIO #3
Plan only for unincorporated areas of Orange County
Seek existing or new partnerships
Enterprise
SCENARIO #4
Implement Solid Waste Plan
What would be required?
What organizational structure?
Staff?
Solid Waste Operations?
Open to technology and new recycling efforts
Board of County Commissioners directly responsible
No advisory board
Enterprise
SCENARIO #5
Tweak LOG model
Pursue majority of jurisdictions
Not total consensus on important issues - no one has to agree
Enterprise
SCENARIO #6
Ask Carrboro or Hillsborough to operate and take the lead
Enterprise
OTHER SUGGESTIONS AND COMMENTS
Implement the solid waste plan, working back on the type of organization that will be needed.
All positions would be reviewed as the plan is implemented.
Look at new technology and new recycling efforts.
The County Commissioners need to be involved directly for the first few years and not have an
advisory board.
Have an advisory board with the County Commissioners being the policy and decision making body.
Continue with the existing LOG with an agreement that two out of three jurisdictions must agree on
issues which would be outlined.
Commissioner Gordon feels that work on the interlocal agreement needs to stop until a decision is
made on the next steps.
Commissioner Carey feels the County needs to decide on which scenario to pursue. The cost will
depend on how many partners want to join in this effort.
Commissioner Brown made reference to the solid waste management plan sent to the state and
asked if it could be incorporated with scenario #1. Commissioner Carey said that he feels the plan sent to
the state is a good plan and if we have at least two entities doing it, the cost would be workable. There will be
debt for a MRF, transfer station, land, etc.
Commissioner Halkiotis agreed with Commissioner Carey that an advisory board may be a good idea
because citizens would trust a group like that rather than the five County Commissioners.
Commissioner Gordon said that providing water and sewer would cost 1.5 million. It would need to be
decided if this money would come from the users or funded by County revenues.
The County Commissioners agreed that the enterprise fund would need to be a significant part of any
plan they develop.
Commissioner Carey said that the Greene Tract will need to be part of the assets. With regard to
employees, the County needs flexibility and should not agree on anything except treating people fairly in
accordance with what the law requires.
Commissioner Carey said that community benefits or any other benefits need to be supported
entirely by the enterprise fund and if it cannot because of legal reasons, then the County and the other
entities would need to negotiate how it would be paid.
Commissioner Carey made reference to the map in the packet. He feels that if water is going to be
extended and it is determine there is a legitimate reason for extending water, that tract needs to be brought
into the transition area so there is no objection from Carrboro or Chapel Hill to help finance the
improvements. He feels that sewer service should not be financed.
NOTE: Commissioner Carey left at 9:30 p.m.
It was decided that staff would take each scenario and list the pros and cons for each one.
Commissioner Gordon asked if the policy of allowing only Orange County residents to use the landfill
is being enforced and if something could be done to improve enforcement.
The County Commissioners decided to keep November 20th open for another work session on solid
waste management.
The staff will provide additional information on developing a transfer station.
Commissioner Halkiotis would like to discuss community benefits at the November 20th meeting.
County Engineer Paul Thames showed on a map of the Orange County Landfill Study Area what each
area represented with reference to water lines - existing and nonexistent. He noted that the well at the
Kirschner residence is the only one that is contaminated.
Commissioner Brown said that if all the wells in the area were checked for contaminates, it would give
the County Commissioners the data on which decisions could be made for running water lines.
With regard to #11 in the "Report of the Landfill Owners Group/Landfill Neighbors Working Group" the
Board agreed to use the normal JPA process for considering their options for the planning boundary between
Chapel Hill and Carrboro.
With regard to #12, there was no consensus on the use of the present Eubanks Road landfill.
Commissioner Brown would be interested in having a small park in this neighborhood. The only thing that
needs further study is a portion of the Greene Tract.
There was no consensus on #13 for there not to be an expansion of the disposal areas for
Construction and Demolition materials.
With regard to #1 and #2 about community benefits, the County Commissioners agreed that if any of
the wells are contaminated, something needs to be done. Commissioner Brown would like to see some
money set aside to address problems as they arise. They will discuss this further at their November 20
meeting.
The Board agreed not to consider sewer extension.
3 CLOSED SESSION _ PERSONNEL MATTER
This item was delayed.
ADJOURNMENT
With no further items to come before the Board, the meeting was adjourned at 10:15. The next
regular meeting of the Board will be held on October 21 at 7:30 p.m. in the OWASA Operation Facility at 400
Jones Ferry Road in Carrboro, North Carolina.
William L. Crowther, Chair
Beverly A. Blythe, Clerk