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HomeMy WebLinkAboutAgenda - 06-07-2011 - 12hORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 7, 2011 Action Agenda Item No. ~ ~ - h SUBJECT: Commissioner Appointment -Solid Waste Interlocal Agreement Work Group DEPARTMENT: Board of Commissioners PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Under Separate Cover Letter from BOCC Chair -Interlocal Agreement for Solid Waste Management Letter -December 2010 November 11, 2010 SWAB Memorandum Responses From Towns INFORMATION CONTACT: Clerk's Office, 245-2130 PURPOSE: To consider making a Commissioner appointment to the Solid Waste Interlocal Agreement Work Group. BACKGROUND: The Orange County Board of Commissioners adopted a resolution in December 2009 to not pursue a local municipal solid waste transfer station at this time. This decision included Orange County's intention to utilize the City of Durham Transfer Station for a 3-5 year period following the closure of the landfill. The Towns were invited to join the county until a more permanent solution was determined. Since that time it is our understanding the Towns have been evaluating whether they will join the County during this interim delivery to Durham or continue to explore other options as well. No town has expressed any decision regarding this matter as yet. The December 2009 resolution contained directives for the Solid Waste Advisory Board (SWAB) and County staff to establish a timeline and framework for a process to evaluate longer-term disposal methods as well as for County staff to re-engage the Towns in a process of amending the 1999 Interlocal Agreement for Solid Waste Disposal. On November 18, 2010 during a Board of Commissioners Work Session, the Solid Waste Advisory Board submitted a report (attached) recognizing the issue of revisiting the Interlocal Agreement and deciding on short and long range waste disposal course of action. The SWAB strongly recommended the Towns and County establish an open and collaborative process as soon as possible to address both the organizational and operational issues related to future local waste management. The SWAB felt it imperative that this process should be comprised of elected officials and senior staff and the process should begin as soon as possible. A letter, endorsed by the Board of County Commissioners, was sent in December 2010 to formally request that the Towns consider establishing a working group, with representation from each jurisdiction, in an attempt to address and resolve outstanding solid waste management 2 issues; to make some realistic assessment as to partnership interests of surrounding cities/counties; to determine what is in our mutual best economic and environmental interests with regard to managing local solid waste; and, to move expeditiously to minimize additional economic burdens. Special Representation Oran a Count BOCC Town of Cha el Hill Jim Ward Town of Carrboro Mayor Mark Chilton Alternate - Randee Haven O'Donnell Town of Hillsborou h Brian Lowen FINANCIAL IMPACT: None. RECOMMENDATION(S): The Board will consider making a Commissioner appointment to the Solid Waste Interlocal Agreement Work Group. s 3 VAtFRrEP. Fousr-rte CXarR BEw~c4oETrEPEUSSrLxR; VICE CHA/R AUCEM GORDON PAM /-/EMM/NGER BARRYJAGOBS Mq~' NELSON S7EVE YUNASZ December 1, 2010 Mark Chilton, Mayor Town of Carrboro 301 W. Main Street Carrboro, NC 27510 OR_AItiIGE COUI~I'- Y BOARD OF COMMISSIOI~tERS POST OFFICE BOX 8 'I 8 'I . 200 SOUTH CAMERON STREET . HILLSBOROUGH, NORTH CAROLINA 27278 Mark Kleinschmidt, Mayor Town of Chapel Hill 405 Martin Luther King Jr. Blvd Chapel Hill, NC 27514 Tom Stevens, Mayor Town of Hillsborough P.O. Box 429 Hillsborough, NC 27278 Re: Interlocal Agreement for Solid Waste Management Dear Mayors, ~ ~~ 4 ~t~ ~8t9j The Orange County Board of Commissioners adopted a resolution in December 2009 to not pursue a local municipal solid- waste transfer station at this time. This decision included Orange County'$ intention to utilize the City of Durham Transfer Station fora 3-5 year period following the closure of the landfill. The Towns were invited to ~ join the county until a more permanent solution was determined. Since- that time it is our understanding the Towns have been evaluating whether they will join the County during this interim delivery to Durham or continue to explore other options-as well. Nn town has expressed any decision regarding this matter as yet. The December 2009 resolution contained directives for the Solid Waste Advisory Board (SWAB) and County staff to establish a timeline and framework for a process to evaluate longer-term disposal methods as well as for County staff to re-engage the Towns in a process of amending the 1999 Interlocal Agreement for Solid Waste Disposal. On November 18, 2010 during a Board of Commissioners Work Session, the Solid Waste Advisory Board submitted a report (attached) recognizing the issue of revisiting the Interlocal Agreement and deciding on short and' long range waste disposal course• of action. The SWAB strongly recommended the Towns and County establish an open and collaborative process as soon as possible to address both the organizational and operational issues related to future local waste management. The SWAB felt it imperative that this process should be comprised of elected officials and senior staff and the process should begin as soon as .possible. uNVw. co: orarir7e. nc. us Protecfrng and preserving - People, Resources, Quality of Life Orange County, North Carolina -You Countr s (919) 245-2130 • FAX (919) 644-0246 4 Page 2 This letter, endorsed by the Board of County Commissioners, is to formally request that the Towns consider establishing a working group, with representation from each jurisdiction, in. an attempt to address and resolve outstanding solid~waste.management issues; to make some realistic assessment as to partnership interests of surrounding cities/counties; to determine what is in our mutual best economic and environmental interests with regard to managing local solid waste; and, to move expeditiously to minimize additional economic burdens. The County Commissioners respectfully requests each Town respond with regard to their decision to participate in this process by February 15, 2011. ,,~ ~ . Sincere) •. Valerie P. Foushee; Chair • Board of County Commissioners cc: Eric Peterson, Hillsborough Town Manager Steve Stewart, Carrboro Town Manager Roger Stancil, Chapel Hi(I Town Manager Frank Clifton, County Manager Gayle Wilson, Orange County Solid Waste Director Attachment: November 11, 2010 SWAB Memorandum r www. co. oranoe.nc. us Protecting and preserving -People, Resources, Qualify of Life Orange Counfy, North Carolina -You Count! (919) 245-2130 • FAX (919) 644-0246 5 Memorandum To: ~ Board of County Commissioners From: Jan Sassaman, Chair Solid Waste Advisory Board Subject:, _ SWAB Interlocal Agreement and Alternative Technology Framework/Timeline Recpmmendation Date: November 11, 2010 The Solid Waste Advisory Board (SWAB) has been discussing issues concerning the fixture of the Interlocal Agreement (IA) as well as a possible response to the Alternative -Technology Timeline and framework request made by the BOCC in item 4 of its motion; adopted December 2009, to utilize the City of Durham transfer station as a disposal site when the Orange County-owned landfill ceases to accept waste. At the SWAB's November 2010 meeting, general consensus was reached on a number of points that are presented below. These issues will probably be further discussed at the December SWAB meeting. In addition, the SWAB has identified those elements that we believe should be incorporated included in any new Interlocal Agreement for Solid Waste Management for Orange County. Key Points from SWAB Discussions on revising the current IA should proceed at a higher political and managerial level than the SWAB. We believe that a group.of representatives from the four jurisdictions should be formed immediately to begin active discussions on the political and functional possibility of a future parfnerslup for local solid waste management. These discussions could even consider the notion of a public solid waste authority. The SWAB feels strongly that the organizational issue and what the governments will do with their waste during and following a possible 3-5 year interim period following landfill closure are inextricably related and need to be addressed with all due haste. The governing bodies should move deliberately as the 3=5 year period will pass very quickly and a goal of not only deciding what to do and how to do it, but of actually implementing a solution, would be in our mutual best economic and environmental interests. In fact, with staff continually endeavoring to extend the life of the landfill, a timely organizational and operational resolution could avoid or at least limit the interim option and related expense of hauling to the City of Durham. In other words, the process for post-Durham transfer station waste management should begin immediately, along with the organizational discussion.. .~. 6 The range of technical, economic and risk-related issues surrounding a thorough . and effective consideration of alternative technologies for solid waste may require far more resources and. expertise than the SWAB has available. If the Board wishes the SWAB to remain lead entity in conducting this evaluation, a clear and detailed set of parameters and criteria for evaluating technologies needs to be provided. ~ ~. • SWAB also felt that many of the issues associated with alternative technologies (i.e. those associated with emerging thermal technologies for waste conversion) had already been presented to the Board in the GBB report of August 2008 and those technologies that would incorporate multi jurisdictional actions were beyond the scope of the SWAB as we understand it to be and would, fiuthermore; be dependent upon any~mutual agreement of Orange County and the individual. municipalities that would be affected. • Based on the inter-dependence of the IA and consideration of alternative means to dispose of solid waste, and the imperative to find a workable solution for Orange County and it's municipalities, SWAB agreed that an interim Memorandum of Understanding among the current IA signatories to agree to work together to find a solution and in the interim to commit to use of the Durham transfer station, should that become necessary, was an important initial step in this process. • Mr. John Stephens of the UNC School of Government might be considered to provide professional assistance with process issues related to organizational discussions and/or long-term waste disposal decisions. Mr. Stephens's areas of expertise are Inter-agency and public policy dispute resolution; citizen participation; group collaboration and facilitation. Recommended Elements of a New Interlocal Agreement The SWAB has reached consensus with regard to the elements that should be includedlincorporated into any new IA. The SWAB concept is for a comprehensive solid waste management agreement that builds on current successes, improves existing shortcomings and provides a means to deal with future challenges. • Financial responsibility for closure and post-closure of landfills -Identifies and clarifies financial responsibilities. • Provision of storm debris management/processing -Provides for effective ongoing emergency storm debris management. • Provision of yard waste management/processing -Continues and encourages responsibility for improvements in organics management. 2 7 • Greene Tract issues - Addresses as necessary any remaining issues pertaining to the County-owned~60 acre portion of the Greene Tract, including enterprise fund reimbursement. • Solid waste transfer and disposal -Assigns responsibility and accountability for providing environmentally responsible and economically viable%ost effective waste disposal solutions, involving other jurisdictions when feasible/beneficial and providing opportunity for meaningful public input. • Local government solid waste advisory body - Necessity of a permanent advisory body to represent citizens and the governments in local solid waste matters. • Solid Waste Collection systems in Orange County, including Convenience Centers -Consideration of cooperation, collaboration and/or consolidation of waste collection operations among the jurisdictions. • State waste planning and plan preparation/coordination -Clarifies centrally managed and coordinated State planning and reporting responsibilities. . • Provision of recycling and waste reduction services/programs -Continue County leadership in recycling and waste reduction services, facilities and programs.. . • Long-term management of solid waste enterprise fiznd and programs/facilities - Maintain system wide management of facilities and continue enterprise fund financing utilizing diverse income streams, examples of which maybe user fees; tipping fees, household fees, recyclable material revenues, etc. SWAB Recommendations SWAB recommends that the BOCC initiate conversations with the other IA signatories and other potentially interested parties (such as the University of North Carolina at Chapel Hilly in order to begin the process of modifying the current IA or developing a new IA that is responsive to the present solid waste priorities of Orange County and its municipalities. SWAB further requests clarification from the BOCC regarding the Board's request for a framework and timeline for evaluating alternative technologies in terms of the scope of inquiry and role of S WAB as noted in our "Key Points" enumerated above. We remain committed to assist you in these matters and we look forward to taking these next steps, especially as the Solid Waste Plan Draft has been completed and provides a continued framework for continuing local dialogue for future solid waste handling and disposal for Orange County. 8 The following resolution was introduced by Alderman Coleman and duly seconded by Alderman Gist: A RESOLUTION MAKING AN APPOINTM>rNT TO THE SOLID WASTE INTERLOCAL AGREEMENT WORK GROUP Draft Resolution No. 126/2010-11 BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO: Section 1. That Mayor Chilton is appointed as the Town of Carrboro's representative on the Solid Waste Interlocal Agreement Work Group; and, Section 2. That Alderman Haven-O'Donnell is appointed as the Town of Carrboro's alternate representative on the Solid Waste Interlocal Agreement Work Group. The foregoing resolution having been submitted to a vote received the following vote and was duly adopted this 17th day of May 2011; Ayes: Dan Coleman, Sammy Slade, Lydia Lavelle, Mark Chilton, Jacquelyn Gist, Randee Haven- O'Donnell Noes: None Absent or Excused: Joal Hall Broun 9 March 15, 2011 TOWN OF CARRBORO NORTH CAROLINA WWW.TOWNOFCARRBORO.ORG Ms. Bernadette Pelissier, Chair Board of County Commissioners Orange County . 2Q0 South Cameron Street Post Office Box 8181 Hillsborough, North Carolina. 27278 Dear Bernadette, In response to the BOCC inquiry regarding Carrboro's future plans for solid waste management, please continue to include Carrboro's solid waste flows in Orange County's disposal projections„and.planning. ~~~~~~~ I ' MAR 17 20fi1 B~.. We also would like to continue to explore other disposal options with Orange County, Chapel Hill, Hillsborough, and LTNC -especially options that may prove tQ be amore sustainable solution than hauling waste to Durham's transfer. station. Please also accept my sincere apology for the delay in responding. Best regards, Mark Chilton, Mayor 301 WEST MAIN STREET. CARRBORO: NC 2751 O • (919) 942-8541 FAX (919) 918-4456 TDD (800) 735.2962 AN EQUAL OPPORTUNITY PROVIDER fE~ 2~Z011 Bernadette Pelissier, Chair Board of Commissioners Orange County 200 South Cameron Street Post Office Box 8181 Hillsborough, NC 27178 Chair Pelissier, OFFICE OF MAYOR KLEINSCHI~~T ~ 0 Town of Chapel Hill 405 Martin Luther King J=. Blvd. Chapel ~, NC 27514 jihone (919) 968-2714 fax (919) 969-2063 www.townofchapelhiZl.org In response to the Orange County Board of Commissioners inquiry regarding Chapel Hill's future plans for solid waste management, I write to ask that you continue to include Chapel Hi11 in your solid waste disposal projections and planning. As we continue to examine solutions to waste management issues, Chapel Hill remains interested in continuing to consider other options with Orange County, Hillsborough, Carrboro, and UNC that would be more sustainable than the use of a Durham transfer station. The Council looks forward to discussin these issues more fully, including the possibility of creating a work group, at our March 24~ joint meeting. Please accept my apology for the delayed response. Sinc re , Mark Kle' chmidt Mayor 11 Town of ~~~s ~h ®~~~~ February 18, 201 1 Ms. Bernadette Pelissier, Chair Board of County Commissioners Orange County 200 South Cameron Street Post Ofl=tce Box 8181 Hillsborough; North Carolina 27278 Dear Bernadette, In response to the BOCC inquiry regarding Hillsborough's future plans for solid waste management, please continue to include Hillsborough's solid waste flows i_n Orange County's disposal projections and planning. We also would like to continue to explore other disposal options with Orange County, Chapel Hill, Carrboro, and UNC, especially options that may prove to be a more sustainable solution than hauling waste to Durham's transfer station. Please also accept my sincere apology for the delay in responding Best regards, ._ Tom Stevens, Mayor 101 East Orange Street ~ P.O. Box 429 • Hillsborough, North Carolina 27278 919-732-1270 • 919-644-2390