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HomeMy WebLinkAbout1972 S Agreement - Municipal & County Landfill Agreement i _,:� 7 °•sE 503 Walter McDade, Director of the Efland-Cheeks Multi-Purpose Center, was present to discuss with the Board his request for $30,000.00 to finance the local share of a recreation project. He estimated that the total project cost would amount to $120,000.00, but that a Federal Grant of $60,000.00 could be secured if the application was filed by the 15th of December. Discussion ensued. Commissioner Norman Walker moved that the county commit $30,000.00 over a three year period for the funding of the recreation program. This motion e died for the lack of a second. Chairman Bennett and Commissioner William C. Ray suggested that Mr. McDade appear before the Board on the first Monday in December. C� ra Chairman Bennett stated that the Landfill Agreement with the Towns. hapel Hill and Carrboro had b een drawn. The County Administrator ewed the sections and terms of the agreement. He stated that the ement required unanimous consent from all the governmental units lved before any future or proposed alterations to the original agreement d become effective. Discussion ensued. Upon motion of Commissioner Henry Walker, seconded by Commissioner William ay, it was moved and unanimously adopted, that Chairman Bennett be orized to sign the Landfill Agreement. Chairman Bennett advised the Board that the County had purchased the Roberts property, that adjoins the Courthouse property, for the sum of $70,000.00 and that the deed to said property had been executed. The County Accountant was authorized to take from the unappropriated Surplus of the General Fund the monies for the purchase of said property. Commissioner William C. Ray requested the Board to consider purchasing a lot for the Rescue Squad Building. Chairman Bennett stated that he felt the County should move in this direction. The County Administrator advised the Board that no Federal or State funds were available to help with the defraying of the cost of the purchase of land for the Rescue Squad, but that approximately $10,000.00 could be obtained and applied to the construction of a building for Rescue Squad purposes. Upon motion of Commissioner William C. Ray, seconded by Commissioner Norman Walker, it was moved and adopted that the County attempt to purchase a lot on South Churton Street Extension. The County Administrator was directed to proceed with the purchase of the property. j The Board agreed that Chairman Bennett should advise Dr. Robert Murphy that the Board was prepared to negotiate for the sale or lease of property in conjunction with the establishment of a Medical Center or Clinic. i . There being no further business to come before the Board the meeting was adjourned to meet again on Tuesday, November 28, 1972. Harvey D. Bennett, Chairman S. M. Gattis, Acting Clerk -FOR----LANDFILL--------AGREEMENT-See Page_505_------------------------------------------------ -------- ------ I MINUTES OF THE ORANGE COUNTY BOARD OF COMMISSIONERS November 27, 1972 I The Board of County Commissioners of Orange County met in special session at 7:30 o'clock P.M. on Monday, November 27, 1972, in the Courtroom of the Courthouse in Hillsborough. Members Present: Chairman Harvey D. Bennett and Commissioners William C. Ray, Henry S. Walker, Ira A. Ward and C. Norman Walker. Members Absent: None I I I I ;I 1 f 504 This meeting was held for the purpose of meeting in joint session with the County Planning Board to conduct a public hearing to consider amendments to the County Zoning Map and the County Zoning Ordinance. Chairman Bennett called the meeting to order and announced that this was the time and place of the duly advertised public hearing. Chairman Bennett turned the chair over to Charles Johnston, Chairman of the County Planning Board. Mr. Johnston conducted the public hearing. For minutes of this public hearing see the Orange County Planning Board minute docket. At the conclusion of the public hearing Chairman Johnston turned the chair back to Chairman Bennett and Chairman Bennett then adjourned the meeting. I Harvey D. Bennett, Chairman S. M. Gattis, Acting Clerk --------------------------- I MINUTES OF THE ORANGE COUNTY BOARD OF November 28,1972 The Board of Commissioners of Orange County met in the District Courtroom of the Courthouse in Hillsborough on Tuesday, November 28, 1972, at 7:30 o'clock P.M. Members Present: Chairman Harvey D. Bennett and Commissioners William C. Ray, Henry S. Walker, Ira A. Ward and C. Norman Walker. Members Absent: None Chairman Bennett stated the Board of Commissioners would consider the appeals of the tax assessment of W. L. Turner, owner of the Acres of New Hope Subdivision. Mr. Turner had based his appeal on the fact it was unreasonable to change the assessment basis of the lots in his subdivision from an acreage method to an individual lot method. The Tax Supervisor stated that he recommended the assessment be left on a per lot basis. Discussion ensued. Upon motion of Commissioner Ira A. Ward, seconded by Commissioner Henry S. Walker, it was moved and adopted, that the tax assessment of W. L. Turner, owner of Acres of New Hope Subdivision, be assessed on a per lot basis. Chairman Bennett stated the Board of Commissioners would consider the appeals of the tax assessment of Joe Mathews, owner of Hills of New Hope Subdivision. Mr. Mathews had based his appeal on the fact it was unreasonable to change the assessment basis of the lots in his subdivision from an acreage method to an individual lot method. The Tax Supervisor stated he recommended the assessment be left on a per lot basis. Discussion ensued. . Upon motion of Commissioner Ira A. Ward, seconded by Commissioner Henry S. Walker, it was moved and adopted, that the tax assessment of Joe Mathews, owner of Hills of New Hope Subdivision, be assessed on a per lot basis. Chairman Bennett stated the Board would consider the appeal of R. S. Lloyd on the R. S. Lloyd Subdivision. The Tax Supervisor reported to the Board that he recommended assessment of the lots under consideration. The Board stated that it felt these assessments were too high as no consideration was being given to the lots Mr. Lloyd owned on undeveloped streets. The Tax Supervisor was directed to allow an additional ten percent (104%) depreciation on those lots on the undeveloped streets. l i 7 F,sE 505 The Board directed the County Administrator to consult the County Attorney regarding the modification of an agreement with the engineering firm of Rose, Pridgen and Freeman. The Board desires to include, in this agreement, only those services relating to the identifying and acquiring the land necessary for the Seven Mile Creek Reservoir. The County Administrator was directed to have the County Attorney arrange for the signing of the Landfill Agreement between Orange County and the Town of Chapel Fill and the Town of Carrboro at the earliest possible time. Upon motion of Commissioner Ira A. Ward, seconded by Commissioner Henry S. Walker, it was moved and adopted, that the Annual Budget Resolution be amended by anticipating as additional revenue to the County $90,000.00 from the Federal Government derived from the Revenue Sharing Act and also as a part of this resolution the sum of $90,000.00 be added to the appropriation portion of the County Budget under the Landfill line item. There being no further business to come before the Board the meeting was adjourned. Harvey D. Bennett, Chairman S. M. Gattis, Acting Clerk ------------------------------------------------------------------------------------- i LANDFILL AGREEMENT i BETWEEN THE TOWN OF CHAPEL HILL, THE TOWN OF CARRBORO I AND COUNTY OF ORANGE I THIS AGREEMENT, made and entered into this the 30th day of November, 1972, by and between the Town of Chapel Hill, a Municipal Corporation, here- inafter called "Chapel Hill", and the Town of Carrboro, a Municipal Corpor- ation, hereinafter called "Carrboro", and the County of Orange, hereinafter i called "Orange County"; W I T N E S S E T H THAT WHEREAS, the Parties hereto have agreed upon the acquisition and i operation of a solid waste disposal facility to be operated at present as j a sanitary landfill, and WHEREAS, the Parties have agreed upon the division of the capital costs for said facility, and the ownership of the land upon which same is to be located, and WHEREAS, the Parties have further agreed upon the operational costs and the manner of operation, and i WHEREAS, the Parties hereto in consideration of the covenants and con- 1 ditions hereinafter setforth, desire to reduce their agreement to.writing. NOW, THEREFORE, in consideration of the mutual covenants and agree- ments hereinafter setforth, the Parties do covenant and agree, each with the other as follows: I F ss�:4 7 f'-EEJ�Ei I i i I 1. Ownership. The parties having agreed upon the sharing of the land costs and the cost necessary to open the facility for use as a landfill, as hereinafter setforth, it is understood and agreed that b B y appropriate deed or other instruments ownership of the land shall be held jointly as tenants in common, but without the right to request.division in the following percentages: Chapel Hill Orange County 43% Carrboro 14% I 2. Costa. Costs of said facility shall be divided in the percentages above setfortb which costs shall include: a. Capital Costs. Capital costs shall include the purchase price of the land including that which is currently owned by the Town of Chapel Hill by deed from R. G. Hancock as well as that under option and contract by and between Chapel Hill and R. G. Hancock, and all costs necessary for opening the landfill. The costs for opening thb°landfill include but shall not be limited to the costs of construction of the entrance road, clearing for the first years use, fence and gate required for Phase I operations, purchase and construction of scales, engineering and legal costs, costs of construction of the 'first garbage trench and trash trench, drainage required for the first year of operation, the purchase of tractors and other equipment during the first eighteen (18) months of operation. b. Operating-Costs. Operating costs shall include but shall not be limited to operating personnel at the fill, clearing, trenching and covering, and other such operations. Subsequent to the digging of the original trenches, the rental of equip- ment, purchase of equipment after first eighteen (18) months, supervision, policing of the area, and Road 1727, recording keeping and billing and accounting required by the operations of said facility. 3. Service. The facility shall be available to all residents of Orange County and that port of Durham County within the corporate limits of the Town of Chapel Hill. 4. Operation. The landfill shall be operated by Chapel Hill in accordance with standards of the North Carolina Board of Health. A record of all material delivered f to the facility shall be kept and the appropriate charges made,- a complete record of operation, expenses and revenue, shall be kept and an annual report made to each party. 5. Fees. A fee schedule approved by all the Parties shall be adopted. The Schedule must meet the following minimum criteria: i a. Fees shall be uniform to 811 users; b. The fees shall be suffiolent to (1) meet all operating costs, (2) provide for a reserve for the purchase of equipment and expansion of the facility as needed; 1 cS 7 507 c. Annual payments to this account shall not.be less than $15,000.00 until a reserve of 75,000.00 has been accumulated; d. Provide a reserve for capital costs of a new site when the present facility is used up_or to provide a reserve to'change to`another:form of waste. disposal in the event one should become practical. Annual payments to this fund shall be $10,000.00 per year, after the first year. e. No revenue from use of operations of the fill shall be used except as setfortb here- in; f. The reserve account shall be invested in accordance with the regulations of the local government commission. Interest paid on any reserve account shall be retained in that account. 6..Permitted Uses. The facility shall be used for the disposal of garbage and other solid household, business, and commercial waste, disposal of trash including brush, trees, stumps, i, demolition material, waste building material, discarded furniture, appliances, and other solid waste products of a similar nature. i Temporary storage of junked automobiles pending removal for reuse of the materials con- tained therein shell be permitted at the facility provided that such cars will be stored in a separate cleared and fenced area until a sufficient number have been accumulated to economically justify their removal. I 7. Reclamation. I a. Good reclamation practices shall be observed in treating any portion of the land that has been filled. Grass will be planted as soon as practical to reduce problems dust and erosion. Within a reasonable period of time following completion of a section of the fill, pine trees will be set out as an additional ground cover. b. Land shall be cleared in advance of any filling operations only as needed. When i an area is cleared trees shall be:sold for lumber or pulp wood if possible, and any pro- ceeds therefrom credited to the_operstions account. Good Forestry practices shall be followed with regard to the remaining portions of the tract of land acquired for use for j I such facility, which shall allow sale of timber or pulp wood when beneficial. Consider- ation shall be given to possible future uses of this property'as a park and recreational I area, and preservation.of trees which will enhance the possibility of this use. Any revenue from sale of trees shall be placed in the landfill account. 8. Other Intermediate Uses. By agreement of Chapel Hill, Carrboro, and Orange County, other uses of portions of the property may be allowed, subject- to the following conditions: a. Such:use._muat be a„public use,; b. Such use shall not interfere with the purposes of the property of disposal of solid waste; c. Such use shall not unnee6ssarlly disturb the surrounding property owners. 9. Disposition of Land. It is agreed that the desirable future use of the property sub- ject to this agreement, at such time as it is no longer needed for solid waste disposal facility, is for park and recreational purposes. However, should conditions st:that time be such as'to make this use undesirable, the land may by unanimous action of the parties hereto be disposed of in some other manner. 10. Modification. The terms of this Agreement may be modified only by the unanimous.-agree- ment e the hereto. IN' WITNESS WHEREOF, the Parties bavehereunto caused this Agreement to be executed in their respective names by their appropriate officers and their official seals attedhed-;.all by order of their respective governmental bodies. TOWN OF CHAPEL HILL ATTEST: David B. Roberts, Town Clerk By: /s/ Howard Lee Mayor ATTEST: TOWN OF CARRBORO Phillip Whitaker, Town Clerk By:-/s/ Robert J. Wells, Jr., Mayor ATTEST: COUNTY OF ORANGE Betty June Hayes, Clerk By: /s/ H. D. Bennett, Chairman to Board of Commissioners j