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HomeMy WebLinkAboutAgenda - 10-11-2012 - 4 1 ORANGE COUNTYBOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN JOINT MEETING AGENDA ITEM ABSTRACT Meeting Date:October 11, 2012 Action Agenda Item No.4 SUBJECT: Solid Waste and Related Issues DEPARTMENT:PUBLIC HEARING: (Y/N)No County Manager ATTACHMENT(S):INFORMATION CONTACT: A)Draft Interlocal Agreement Between Frank Clifton, County Manager, 245- Orange County and The City of 2306 Durham Regarding the Disposition of Michael Talbert, Assistant County Municipal Solid Waste Generated in Manager, 245-2308 Orange Countyat the Durham Transfer Station B)1999 Interlocal Agreement C)A Resolution Reporting the Recommended Concept Plan For The Portion Of The Greene Tract That Remains In Joint Ownership PURPOSE: To receive updates on Solid Waste and Related Issues between the governing boards of Orange County and the Town of Carrboro and to discuss as necessary. BACKGROUND: a)Joint Efforts: Interlocal Agreement with the City of Durham regarding the disposition of Municipal Solid Waste (MSW) generated in Orange County transported to the Durham Waste Transfer Station. The County-owned landfill is scheduled to close on June 30, 2013, creating a need for the County to find a suitable means of disposingof municipal solid waste (MSW) generated in Orange County. County staff has recently entered into negotiations with the City of Durham regarding use of the Durham waste transfer station (WTS) by any and/or all of the jurisdictions within Orange County. Based on those negotiations a draft agreement (Attachment A) was developed by Orange County and is currently under review by the City of Durham. The draft agreement includes provisions for the use of the Durham Waste Transfer Station by the Town of Carrboro, should it choose to do so. It is anticipated that this agreement will be finalized and executed prior to the end of 2012. 2 Solid Waste Interlocal Agreement In 1999 Orange County, Chapel Hill, Carrboro, and later Hillsborough entered into an interlocalcooperation agreement (Attachment B), the Agreement for Solid Waste Management (“Interlocal”), regarding the future of the Greene Tract, and also the disposal of municipal solid waste (MSW), construction and demolition waste (C&D), and recyclable materials. The Interlocal provides in great detail for the management of MSW. However, its provisions related to C&D waste and recyclable materials are extremely limited. In September 2011 the attorneys for the County and Municipalities met and discussed the Interlocal Agreement. Their determination was that upon the June 30, 2013 closure of the Orange County Landfill, the Interlocal effectively terminates with regard to the provisions related to MSW. Given the limited extent to which the Interlocaladdresses the management of recyclable materials and C&D waste, if the governing boards of the County and Municipalities desire to continue the current method of the collection and processing of recyclable materials, a new Interlocal Agreement should be developed. Regardless of whether the County and Municipalities continue to partner with regard to the management of MSW, it is wise for the County and Municipalities to continue to partner with regard to planning for the management of MSW and recyclable materials. Joint planning, waste reduction goal setting and reporting would particularly benefit the County and assist the County in its state-mandatedplanning responsibilities. In December 2010 the BOCC established a Solid Waste Interlocal Agreement Work Group, with Commissioner Steve Yuhasz appointed as the County representative in June, 2012. Mayor Mark Chilton was appointed as the Town of Carrboro’s representative, with Alderman Randee Haven O’Donnell selected as an alternate. This Work Group has notbeen activated for reasons relating to the Rogers Road community mitigation request of May 2011 and the uncertainty with regard to the outcomes of the Town of Chapel Hill’s decision to conduct a comprehensive analysis of its solid waste services and programs. Solid Waste Management Plan Work Group In 2005 the BOCC established a Solid Waste Management Plan Work Group consisting of an elected official and key solid waste staff from each jurisdiction and the SWAB. The primary function of this Work Group was to develop the 10-Year Solid Waste Management Plan for the four jurisdictions and to recommend 3-Year state-mandated updates of the 10-Year Plan to the elected boards for adoption. The most recent County representative was Commissioner Barry Jacobs. b)Solid Waste Advisory Board The Solid Waste Advisory Board (SWAB) was established as part of the 1999 Interlocal Agreement for Solid Waste Management and has been active with regard to a number of policies, programs and acting as a public forum since thattime. Given the uncertainty surrounding the decision to close the landfill on June 30, 2013 and Chapel Hill’s ongoing analysis of its future solid waste services and practices, the SWAB has been less active and currently experiences no representation from Orange County or the Town of 3 Carrboro. Presently only the Towns of Chapel Hill and Hillsborough have active members, along with ex-officio membership from the University. Commissioner Yuhasz is County Liaisonto the Board. The SWAB has recently formally recommended that existing vacancies be filled so its work can continue until some more permanent long- term resolution can be determined among the jurisdictions. The SWAB believes that some joint relationship among the local governments will be necessary to effectively continue solid waste management efforts into the future, efforts that will, at a minimum, involve waste reduction and recycling services/programs. c)Greene Tract The Greene Tract (164 acres) was acquired in 1984 for $608,000 and came to Orange County as an asset in the Solid Waste Fund. As a result of the Inter Local Agreement, sixty (60) acres of the Greene Tract was conveyed to Orange County for “Solid Waste management purposes”.The Inter Local Agreement (amended April 12, 2000) provided for the three owning partners to determine, over a two-year period, the ultimate disposition of the remaining 104 jointly held acres. A Greene Tract Work Group that included representatives of all parties to the Inter Local Agreement began meeting in 2001 and presented Recommendations on March 21, 2002. A Greene Tract Work Group Resolution, making arecommendation on the 104 acres jointly owned by Orange County, Chapel Hill and Carrboro, was approved by the BOCC on December 10, 2002. Attachment Cis the Resolution from December 10, 2002. The remaining 60 acres of the Green Tract continues to be owned as an asset in the Solid Waste Fund. A five-year payment plan for the 104 acres jointly owned by Orange County, Chapel Hill th and Carrboro was agreed to by all parties. Fiscal Year 2012/13 is the 5year of the five year plan. The Town of Carrboro did not provideitsFiscal Year 2011/12 payment of $29,524. FINANCIAL IMPACT: There is no financial impact associatedwith discussing these Solid Waste Issues. RECOMMENDATION(S): The County Manager recommends that the two governing Boards discuss the topics listed and provide appropriate direction to the respective staffs. 4 Attachment A INTERLOCAL AGREEMENT BETWEENORANGE COUNTY AND THE CITY OF DURHAMREGARDING THE DISPOSITION OF MUNICIPAL SOLID WASTE GENERATED IN ORANGE COUNTY AT THE DURHAM TRANSFER STATION THIS AGREEMENT , made and entered into this ____ day of _____________, 20__ between the City of Durham, North Carolina (“City”),a North Carolina municipal corporation, of Durham County, North Carolina; and Orange County(“County”), a political subdivision of the State of North Carolina, for the dispositionand funding responsibilities related tomunicipal solid waste (“MSW”) generated in Orange County and delivered to the City of Durham owned and operated waste transfer station (“Station”). WITNESSETH WHEREAS , the County and Cityare public bodies, politic and corporate, under the laws of the State of North Carolina andare vested with the power and authority to operate solid waste disposal facilities for thebenefit of the publicandare authorized by Article 20 of North Carolina General Statutes Chapter 160Ato enter into this Interlocal Agreement (“Agreement”); and WHEREAS ,the County owns and operates a solid waste landfillaffording services toall residents of Orange County and the Cityoperates its Stationfor the principal benefit of Cityresidents; and WHEREAS ,the County-owned landfill is scheduled to close in June of 2013 thus creating a need forCounty to find a suitable means of disposing of MSW generated in Orange County; and WHEREAS , the County and City (which hereinaftermay bereferred to jointly as the “Parties”and individually as “Party”) acknowledge that City has the available capacity at the Station to dispose of MSW generated within and by County. NOW, THEREFORE , in consideration of the foregoing and on mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.TERM a. This Agreement shall commence on the day and date first above recordedand shall continue through June 30, 2018. b. This Agreement may be renewed beyondJune 30, 2018 upon written agreement of the Parties. 5 2.MATERIALS DISPOSED a. County will transport to the Station only MSW. b. Segregated Construction & Demolition materials, scrap tires, White Goods, yard waste, electronics waste, and recyclables will continue to be processed in Orange County. c. County will commence delivery of MSW to Station on or about July 1, 2013 and shall continue to do so per the terms and Term of this Agreementexcept as otherwise provided herein. 3.FEE AND PAYMENT a. County will be responsible for paying the $42.50 per ton tipping fee (“Fee”)for County MSW transported to and disposed of at the Station. b. City shall generate and maintain an accurate account ofCounty MSW load deliveries to the Station. City shall invoice County for MSW loads generated by County monthly on the __ day of each month. c. Upon receipt of an invoice for MSW loads County shall pay such invoice within 30 days. 4.CAPACITY AND FEE MODIFICATION a. The Parties acknowledgethat the Station currently disposes of approximately 475 tons per day of MSW and the Station has a facility design capacity of 1,100 tons per day of MSW. b. The Parties agree that County currently disposes of approximately 200 tons per day. Pursuant to the terms of this Agreement City will accept approximately 200 tons per day from County. c. The Parties acknowledge the Fee may be modified by the City Council at any time. City shall provide County ninety (90) days advance notice of any increase in Fee. 5.DELIVERY SCHEDULE a. Station currently receives MSW loads Monday through Friday 7:30 a.m. to 4:30 p.m. and Saturday7:30 a.m. 12:00 p.m.County shall make reasonable efforts to ensure that MSW loads generated by County are delivered to Station during its regular hours of operation. b. Should County beunable to reasonablydeliver MSW loads only during Station’s regular hours of operation, Countymay request City expand its Station hours to accommodate County’s needs. c. Should such expansion of Station hours be reasonable and feasible City shall make suchexpansion. 6.ADDITIONAL PARTIES 6 a. As of the date of this Agreementadditional Orange County municipal parties heretoare contemplatedby City and County. b. Should the towns of Chapel Hill, Carrboro, or Hillsborough desire to be added as a partyto this Agreement, such town shall agree to the terms herein. A separate financial account will be generated for each town. 7.ORDINANCE ENFORCEMENT a. City shall not be responsible for enforcing any Orange County Ordinance.Any MSW load delivered to Station shall be presumed to be in compliance with County Ordinances. b. County shall enforce its ordinances with respect to MSW within Orange Countyor at the Stationupon loads originating within Orange County. Such enforcement activity occurring at Station shall involveCounty enforcement personnel and shall not interfere with Station operations. 8.AMENDMENTSAND NOTICES This Agreement may be amended and/or renewed by mutual written consent of the Parties.Any notice required or authorized by this Agreement shall be delivered by certified or registered mail, return receipt requested to the following: If to County If to City Orange County City of Durham County Manager City Manager P.O. Box 8181 101 City Hall Plaza Hillsborough, NC 27278 Durham, NC 27701 9.TERMINATION a. This Agreement may be terminated by the Parties hereto upon one year advance notice by either Partyor at any time by mutual written agreement of the Parties. b. Should City increase the Fee by ten percent (10%) or more in any one annual period then upon sixty (60) days’ notice to City, County may terminate this Agreement without penalty to County. 10.INDEMNIFICATION No party hereto, together with its respective officers or employees, shall assume any liability for the acts, omissions,or negligent or intentional conduct of the other party, its officers or employees. 11.ENTIRE AGREEMENT This Agreement constitutes the entire Agreement of the Parties heretoand is effective the date first above recorded. 7 ________________________ _________________________ Mayor, City of Durham Chair, Board of Orange County Commissioners ATTEST: ATTEST: ________________________ _________________________ City Clerk Clerk to the Board This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. _________________________ Orange County Director Finance and Administrative Services 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45