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HomeMy WebLinkAboutMinutes - 19990218APPROVED 9/7199 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING FEBRUARY 18, 1999 The Orange County Board of Commissioners met in a scheduled session on Thursday, February 18, 1999 at 7:30 p.m. at the Southern Human Services Center, Chapel Hill , North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Alice M. Gordon and Commissioners Margaret W. Brown, Moses Carey, Jr., Stephen Halkiotis, and Barry Jacobs COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Assistant County Managers Rod Visser and Albert Kittrell and Clerk of 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. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR FIVE YEARS. MEETING CALLED TO ORDER Chair Gordon called the meeting of the Orange County Board of Commissioners to order. CLOSED SESSION A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to adjourn into a closed session "to discuss the County's position and to instruct the County Manager and County Attorney on the negotiating position regarding the terms of a contract to purchase real property", by authority of NCGS § 143-318.11(a)(5) VOTE: UNANIMOUS MEETING RECONVENED AT 8:35 A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to reconvene into regular session. VOTE: UNANIMOUS SOLID WASTE MANAGEMENT ISSUES The County Commissioners continued their discussion on taking over solid waste management responsibilities from the Town of Chapel Hill. Commissioner Brown said that although the County has not received anything in writing, she has talked with the mayors of Chapel Hill and Carrboro who have indicated to her that they want the County to take over the management of solid waste for Orange County. John Link said that whatever is agreed upon needs to be put into an interlocal agreement. This will indicate to the County that Chapel Hill and Carrboro are willing participants which is necessary in order to finance and operate the landfill. The interlocal agreement should include commitments for construction and demolition (C&D), a transfer station and solid waste reduction and recycling which would involve a materials recovery facility (MRF). John Link said that the mayors, managers and chairs plan to meet and agree on what has already been agreed upon. After an interlocal agreement is fully executed, the County will take over all operations. This would include the current operations and all future operations. He feels there needs to be clarification and agreement on planning future operations. The scope of the MRF needs to be specified as well as financing future efforts. John Link mentioned that there are committees working on some of the solid waste issues including a MRF, a C&D site, financing future projects, etc. The County Commissioners decided that these committees should continue with these goals and bring forth their recommendations. Commissioner Jacobs said that he feels the County needs an agreement between all the jurisdictions on how the County is going to operate solid waste management after the County takes over responsibility. By consensus the County Commissioners agreed that the decision has been made for the County to takeover solid waste management. Chair Gordon added that she agrees with the County taking over solid waste management but only under certain conditions. Commissioner Halkiotis said that there is confusion from the Chapel Hill and Carrboro representatives on the LOG. He feels they should proceed on the MRF proposal because the LOG is paying consultants $100,000 to develop a plan for this facility to fit Orange County needs. The County Commissioners discussed the date they would take over solid waste management operations and decided that they would take over six months after the interlocal agreement is approved by all jurisdictions involved. Commissioner Brown said that she does not feel that taking over solid waste management is that complicated. She said that the interlocal agreement needs to be finalized and the financing should be in place. Regarding the MRF, she suggested that the County start with a small facility which can be expanded. This would be a County decision. Commissioner Brown made reference to the interlocal agreement and said that it needs to be specific about the Greene Tract. She feels the County Commissioners need to make a decision for what is done with the Greene Tract. She has an offer from Carole Crumley's class to do an inventory, both cultural and environmental, of this tract. She noted that the deed specifies that the property can only be used for a public purpose. Commissioner Jacobs said that he feels as soon as the County adopts the 1999-2000 operation budget for the landfill that the LOG should be dissolved. Until that time, the LOG could continue with their work but make no commitment of funds. All future decisions would be made by the County Commissioners. Rod Visser said that the landfill operation will continue no matter when the County takes over management responsibilities. There is a lot of work to be done with reclassifying employees and transferring the employees from Chapel Hill to the County staff. Chair Gordon said that she does not believe the County has adequate staff in place for this transition. The County has Y2K issues to address and the budget process will be starting soon. The Board asked the County Manager to do an agenda abstract outlining the staff he needs before the County can assume solid waste management operations. Commissioner Carey agreed that the County needs to go ahead and try to finish the interlocal agreement by April 1 and if the County needs additional staff, they need to put the personnel in place so the LOG can be dissolved by June 30. The advisory committee would be put in place at that time. John Link made reference to the MRF and pointed out that assuming responsibility for solid waste management assumes that the County will finance a MRF facility. The County would not be able to impose upon the towns to pay for this facility unless paying for it is part of the interlocal agreement. The only financing alternatives the County Commissioners have talked about for a MRF is property tax or availability fees. The municipalities feel that solid waste management should be paid for from County property taxes. The Board agreed that the LOG should be dissolved as of August 1, 1999. This would allow the County time to put in place an advisory committee. The Board agreed that they should leave the goals as established by the State for reduction of solid waste. The Board discussed the "Principles (stated in bold) for Assuming Responsibility for Solid Waste Management" dated December 8, 1998. 1. The County will assume solid waste management responsibility no earlier than October 1, 1999, to include current and future operations. The County Commissioners indicated that they will assume responsibility between October 1, 1999 and December 1, 1999. 2. The County will accept transfer of all Chapel Hill solid waste management employees. The County Commissioners indicated that the County will accept transfer of all Chapel Hill solid waste management employees. 3. The Board of Commissioners shall approve the 1999-2000 solid waste management operating budget in June, 1999. The County Commissioners agreed to approve the 1999-2000 solid waste management operating budget in June, 1999. 4. Until the County assumes responsibility, the LOG shall continue to direct solid waste management, as in the past, including operating by consensus. The County Commissioners agreed that the LOG should continue to work by consensus and sunset themselves no later than August 1, 1999 at which time the advisory board will come into existence. 5. Each government shall appoint two representatives to a Solid Waste Management Advisory Commission, pursuant to an adopted Interlocal Agreement, which shall succeed the LOG and begin meeting after adoption of the 1999-2000 budget. The Board discussed not having more than one elected official on this Advisory Commission from each jurisdiction with a ninth position for a university official. 6. Solid waste collection/transportation decisions will remain the prerogative of each local government entity. The County Commissioners agreed that Solid waste collection/transportation decisions will remain the prerogative of each local government entity. 7. University representatives will be invited to participate in discussions about planning and operation of the solid waste management system and facilities, even if the University chooses not to commit to participation in the solid waste management system. The County Commissioners agreed that the University representative would be the ninth member of the Advisory Board if the University wishes to become a party to the Interlocal Agreement. 8. The County will pursue a conceptual revenue structure that: ¦ finances core operations (MRF, MSW and C&D Landfills) through tipping fees ¦ finances collection/transportation activities through property taxes and collection charges ¦ finances reduction/recycling through tipping fees to the extent practical, with the balance from availability fees The County Commissioners agreed with this conceptual revenue structure. 9. The County will finance community benefits through the landfill enterprise (unless Carrboro and Chapel Hill agree to earmark a portion of one cent sales taxes for their share of community benefits. The Board decided to leave this language as is unless County Attorney Geoffrey Gledhill can provide different language such as "to the extent legally permissible" after the word "enterprise". INTERLOCAL AGREEMENT The County Commissioners asked staff to update this agreement with the changes which have been agreed upon so far. Commissioner Brown made reference to the comprehensive plan framework that the Board considered last August. She feels this framework should be used for the interlocal agreement. Chair Gordon made reference to the agenda and noted that #5,6,7,8 have not been addressed. Commissioner Jacobs said that one of the reasons the cost went down for community benefits on Rogers Road is that OWASA did a study that resulted with a sliding scale. He would hope that the County Commissioners could find a comparable model for solid waste whereby a fee is charged using a sliding scale based on the amount of garbage generated. This could be called a sliding availability fee. Commissioner Brown said that she understands that the most expensive items will be the transfer station and the MRF and the County Commissioners have not made decisions on these two items yet. John Link said that if the Board assumes responsibility no later than six months after the interlocal agreement is signed and if the County Commissioners decide on a MRF and also agree on a financing plan, that alternative financing is not as important since the County Commissioners will be making the decision. Chair Gordon said that she feels that before any decisions on future operations are made, it will be necessary to receive satisfactory responses from the towns on the financing of these future facilities. Commissioner Jacobs said that he strongly feels that the towns should agree up front that they will pay their fair share of financing future solid waste facilities. John Link suggested adding language to the Interlocal Agreement which would indicate that financing of solid waste will depend upon the County's successful negotiations with the other partners, namely, Chapel Hill, Carrboro and Hillsborough. In other words, the County will not make the decision to move forward until after negotiating with the other partners on how future landfill operations will be financed. Rod Visser said that they will rewrite the interlocal agreement and distribute to the County Commissioners for their comments. ADJOURNMENT A motion was made by Commissioner Halkiotis, seconded by Commissioner Jacobs to adjourn the meeting. The next meeting listed on the meeting calendar will be held on Monday, February 22, 1999 at the F. Gordon Battle Courtroom in Hillsborough, North Carolina. Alice M. Gordon, Chair Beverly A. Blythe, Clerk