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HomeMy WebLinkAboutAgenda - 10-06-1997 - 10a t ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 6, 1997 Action Agenda Item No. SUBJECT: Update on Solid Waste Matters DEPARTMENT: County Manager/Public Works PUBLIC HEARING: (YIN) NQ BUDGET AMENDMENT: (Y/N) 1 - ATTACHMENT(S): INFORMATION CONTACT: Critical Time Path Chart Rod Visser, ext 2300 Report of LOG/Landfill Neighbors Work Group Wilbert McAdoo, ext 2625 4/15/96 Memo from Attorneys Draft Resolution Relating to the Greene Tract TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To review and discuss, as needed,recent developments regarding solid waste management issues in Orange County; further,to establish dates and times for two required public meetings or hearings. BACKGROUND: Work continues on the proposed interlocal agreement that would shift primary responsibility for solid waste management and landfill operations from the Town of Chapel Hill to Orange County. A group of elected officials appointed by the various jurisdictions has been providing direction to Attorney Bob Jessup, who has been preparing the various drafts of the document. The next draft of that document should be available for distribution to the Board during the week of October 6. Discussion of that document by the Board of Commissioners is slated for the October 21 regular meeting. The next draft will reflect direction provided by the elected officials working group at their most recent meeting on Wednesday, October 1, 1997. Following are brief updates on specific topics related to the solid waste management interlocal agreement. December 1 Deadline The elected officials group has been operating under the assumption of a self-imposed deadline of December 1 for making all decisions related to the interlocal agreement, including approval of that document itself. The deadline is based on the desirability of making all decisions on open solid waste management matters prior to new municipal governing boards taking office in December, in that current elected officials have acquired familiarity with the solid waste issues at hand. A"critical time path" document is attached showing the major decisions that are outstanding, and recommended timetables for each governing board to consider the issues involved. Final decisions by the Board of Commissioners on the interlocal agreement and the siting of a new landfill would need to be made at the meeting scheduled now for November 24 (the quarterly public hearing with the Planning Board), or at another special meeting to be established(perhaps for Tuesday,November 25). 1 2 Community Benefits One issue that has been discussed extensively is whether the interlocal agreement must include a specific list of community benefits that are to be provided to neighborhoods around the existing Eubanks Road landfill, or whether the agreement should merely establish a process for deciding on those community benefits. A working group comprised of Landfill Owners' Group (LOG) members and neighborhood representatives recently concluded work on a proposed list of community benefits, which are to be considered by each of the governing boards. The list of proposed benefits is attached to this abstract, and will be incorporated for discussion purposes in the next draft of the interlocal agreement. The Manager recommends that the Board direct the Attorney and staff to evaluate the list for legal and financial implications for review by the Board of Commissioners on October 21 st. Proposed Assembly of Governments Meeting_ (Decision Required) The elected officials working group decided at its October 1 meeting to request each governing board to establish a special meeting to convene as the Assembly of Governments on Tuesday, October 28, 1997, at 6:30pm(location to be determined). The purpose of the meeting would be to review and discuss the proposed community benefits to Eubanks Road landfill neighborhoods, and to make decisions about the benefits to be approved and incorporated in the solid waste management interlocal agreement. The group indicated its expectation that particular emphasis would be placed on the proposed water and sewer extensions. The group stressed the importance of ensuring that a quorum of each governing board be present for this meeting, and prepared to make decisions on the proposed benefits. New Landfill Siting Decision Another open matter that must be resolved prior to approval of the interlocal agreement is a decision on the siting of a new landfill. In April 1995, the Landfill Search Committee recommended to the LOG that Site OC-17 be selected as the new landfill site in Orange County. In January 1996, the LOG recommended to the four governing boards that Site OC-17 be so selected. Orange County and the Towns of Chapel Hill and Hillsborough adopted resolutions indicating that Site OC-17 is the preferred landfill site. The Town of Carrboro refrained from adopting such a resolution until certain issues (including community benefits) were addressed. Landfill Siting Public Hearing eeting (Decision Required) In June 1996, the four governing boards held a joint public hearing regarding the presentation of socioeconomic and demographic data for the areas surrounding the four finalist new landfill sites. This public hearing was required by North Carolina Statutes because Site OC-17 is within one mile of the existing landfill on Eubanks Road. It is the consensus opinion of the County and Town Attorneys that another joint public hearing on this subject must be conducted prior to a landfill siting decision because of the length of time that has passed since the June 1996 public hearing. The elected officials work group recommends that each governing board set a public hearing on this matter for Thursday,November 20, 1997, at 7:OOpm at Stanback Middle School. North Carolina Administrative Codes require the Board of County Commissioners to conduct a public meeting on the landfill siting decision with a 30 day notice requirement. The County Attorney will provide additional information on this requirement at the October 6 meeting, so the Board of Commissioners can establish a date and time for this required public meeting. Additional background information on these and other requirements is included in the attached memo from the attorneys dated April 15, 1996. 3 Greene Tract During discussions of the then current draft of the interlocal agreement in June 1997, the Board of Commissioners made clear their view that the Greene Tract is an important asset of the solid waste system, and that its disposition should be addressed within the interlocal agreement (which in that version, indicated that the Greene Tract would remain an asset jointly owned by the County and the Towns of Carrboro and Chapel Hill). Based on discussion by the elected officials work group, the next draft of the agreement will include a section that imposes a deadline of January 1, 2003, for the three owning jurisdictions to reach agreement on the disposition of the Greene Tract. If no agreement has been reached, the property would be sold. There was discussion that some or all of the proceeds from the sale of all or part of this property (to the extent permitted by law) should be used to help finance the community benefits for Eubanks Road landfill neighborhoods. Chairman Crowther has drafted the attached resolution on a possible disposition of the Greene Tract, which the Board may want to discuss as part of this agenda item. RECOMMENDATION(S): The Manager recommends that the Board: 1) review and discuss the solid waste matters described above, and provide appropriate direction to the Manager and Attorney; 2) approve an Assembly of Governments meeting for Tuesday, October 28, 1997 at 6:30pm for decisions to be made on community benefits; 3) approve a joint public hearing on socioeconomic and demographic data for areas around candidate landfill site(s)for Thursday,November 20, 1997, at 7:00pm at Stanback Middle School; and 4) approve a public meeting on a landfill siting decision as required by the North Carolina Administrative Code. 4 The Critical Path The Landfill 2005 New Solid Waste Management Facility must be operational, assuming current policies and operations continue in effect. 2000 Must begin full-speed design and construction work on any new landfill in order to meet the 2005 deadline,because this process is estimated to take five years. 1998 Must begin process of acquiring site of any new landfill in order to meet the 2005 deadline. The working time estimate for this process is two to five years. The Interlocal Agreement Itself Elected officials subgroup meeting October 1 Interlocal Agreement re-circulated October 6 Boards consider agreement again, and vote to approve or disapprove the substantially final form agreement Carrboro 10/21 Chapel Hill 10/27 Hillsborough 10/13 Orange County 10/21 5 New Solid Waste Management Site Selection Boards determine whether to concur in calling new hearings regarding consideration of OC-17 Carrboro 10/7 Chapel Hill 10/13 Hillsborough 10/13 Orange County 10/6 Publish notice of hearing [30 days] October 17 Conduct hearing November 20 Boards adopt final resolutions designating site for permitting Carrboro 11/25 Chapel Hill 11/24 Hillsborough [11/24] Orange County 11/24 6 Community Benefits Process Suggested form processes (re-) circulated October 6 Boards discuss suggested form processes Carrboro 10/21 Chapel Hill 10/27 Hillsborough 10113 Orange County 10/21 Circulate revised draft processes October 31 Elected officials subgroup meets to iron-out issues on processes developed from Board meetings Wk of November 3 Final revised draft processes circulated November 10 Boards consider revised draft processes, and vote to approve or disapprove Carrboro 11/25 Chapel Hill 11/24 Hillsborough [11/24] Orange County 11/24 7 Asset/Liability/Operational Transfer Begin work on Transfer Agreement itself October 20 Chapel Hill and county complete "Employee Transfer Schedule" By November 7 Chapel Hill prepares and circulates complete list of Existing System Assets By November 14 Chapel Hill prepares and circulates execution forms of(a)real property deeds and(b) endorsed vehicle titles By November 19 Boards consider substantially final form of Transfer Agreement, and vote to approve or disapprove Carrboro 11/25 Chapel Hill 11/24 Orange County 11/24 Closing of Transfer November 26 S . Consolidated Calendar for Board Actions Carrboro Chapel Hill Hillsborough County Boards 10/7 10/13 10/13 10/6 determine whether to concur in calling new hearings regarding consideration of OC-17 Final 10/21 10/27 10/13 10/21 consideration of form of Interlocal Agreement Discuss 10/21 10/27 10/13 10/21 suggested community benefits processes Boards adopt 11/25 11/24 [11/24] 11/24 final resolutions designating site Final vote on 11/25 11/24 [11/24] 11/24 Community Benefits Processes Final vote on 11/25 11/24 N/A 11/24 Transfer Agreement 9 .. � � N � � � � n a �* 2 � # • § » o ƒ A / � k ot � a © � ® . � N cr\ ƒ f § ƒ & OA D - g � o � � � © . . u 10 / co O W � y H H Al � N y. a o coo n O -2 r—+ �'' �o CD "IPA CD rJQ ro 00 9 3O G N 00 ~ 11 t!� . N cs o a Cf• � p �'QD N. W coo tl0 N {Y cif tck N � ,F ull w tail N 'G y N � �.G W 4 `A W �• 0, 0, S a as N d ^ .p► Q+ •�+�..Y. 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The recommendations should be incorporated in such a way as to be legally binding on the signatories to the inter-local agreement. In no way should these recommendations be interpreted as compensation for siting of a future landfill in the Eubanks Road area--rather they are solely meant to address the compensation of neighbors for having lived near the current landfill. Recommendations for Improvements around the Orange Regional Landfill 1. The Working Group recommends that water and sewer mains be extended to provide service to the area along the entire length of Rogers Road; Millhouse Road from Eubanks Road to New Jericho Road; and serving households on other side streets off these main roads(including,but not limited to,Purefoy Drive, Rusch Road, Priscilla Lane, Sandberg Lane, Meadow Rum Court, Manor Dtive, Manor Court, and Blackwood Mountain Road). These improvements should be provided by the completion of the 2002-2003 fiscal year. The costs of providing these improvements should be paid for by landfill fiords to the extent allowed by North Carolina law. The remaining costs of these improvements should be divided among the owners of the Orange Regional Landfill on the same basis as their ownership(i.e. Orange County 43%,Town of Chapel Hill 43%,Town of Carrboro 14%). The Working Group recommends that the Town of Chapel Hill act as the coordinating agency in caaying out these improvements. 2. The Working Group recommends that Orange County, Chapel Hill, and Catrboro provide assistance to low-income residents in the areas where water and sewer service are to be extended in paying the costs of connecting to water and sewer. This assistance can take the form of Community Development Block Grants, other grants, or local AM& where allowed by state law. "Assistance to low-income residents" is defined as paying for at least 75%of the cost of water and sewer hookups to households whose income is less than 80% of the median income in Orange County for a family of four; and providing at least 50% of the cost of hookups for households whose income is between 80%and 1009/6 of the median income in Orange County for a family of four. Very low-income residents in these areas should receive 100%of the costs of hookups. In recognition of the special burden placed on persons living closest to the landfill, households within the area bounded by the Landfill,the Greene tract, Eubanks Road, and 1 _ y Report of Landfill Owners GrouplLandfill Neighbors Working Group 18 the University Railway will be eligible for long-term(up to 50 years), low-interest loans from the landfill find to pay the costs of hooking up to water service. 3. The Landfill Owners Group will prepare and recommend a policy for adoption by the Chapel Hill Town Council which will require loads of waste (MSW and Construction and Demolition waste) being brought to the Orange Regional Landfill to be covered. Under the policy, loads which are not covered would be subject to fine. The fines would become effective after a three month grace period. Non-commercial first-time offenders should be offered the option of purchasing a tarp at the landfill in lieu of paying the fine. 4. The Landfill Owners Group will adopt a policy which requires loads of mulch leaving the Orange Regional Landfill to be covered. The Landfill will make available for sale tarps of various sizes for purchasers of mulch to cover their loads. This policy will become effective after a three month grace period, during which time education will be provided to mulch purchasers at the landfill. 5. The Landfill Owners Group will adopt a policy which doubles the minimum frequency of litter pickup on roads surrounding the Orange Regional Landfill. This will result in litter pickup on Eubanks Road east of the landfill entrance at least twice weekly, on Eubanks Road west of the landfIl entrance at least six times annually, and on Rogers Road at least eight times annually. Future modifications of these pickup frequencies shall be made only by the Landfill Owners Group or its successor. 6. The Landfill Owners Group will adopt a policy governing construction at the Orange Regional Landfill. This policy will govern issues affecting neighboring residents, including nighttime construction,blasting, and noise. The policy will identify ways to mitigate or eliminate adverse effects on landfill neighbors, and will require all neighbors (those living in the areas to be provided with water and sewer service)to be notified one week in advance of the start of construction. Such notification shall include the estimated duration of construction, and a description of any special construction activities which may impact neighbors. Notification will, at a min—i'nmim, include posting of signs on the four roadway entrances into these neighborhoods (the north end of Millhouse Road,both ends of Eubanks Road, and the south end of Rogers Road). Under ordinary circumstances, the LOG and its contractors will avoid construction between the hours of 11:00 pm and 6:00 am, and will provide for immediate notification of neighbors when emergency circumstances dictate that construction activities are unavoidable during these hours. The LOG will ensure that any contractors carrying out construction at the landfill follow the Orange County noise ordinance. 7. The Working Group recommends that residents living near the Orange Regional Landfill take initiative in identifiying perpetrators of illegal dumping near the landfill to assist in successful prosecutions. Identification of vehicles, license tags, drivers, an d types of articles discarded should be made when possible. 2 19 Report of Landfill Owners Group/Landfill Neighbors Working Group The Landfill Owners Group will investigate with the Orange County Attorney the possibility of enacting legislation which would provide for civil penalties for illegal dumping,to make it easier to penalize people who litter. In addition, the LOG will publicize the names of those convicted of illegal dumping. The Working Group recommends that additional "No Littering" signs be erected in the neighborhoods near the landfill. 8. The Landfill Owners Group will budget for the installation of perimeter fencing around the Orange Regional Landfill no later than the 1998-1999 budget year. Prior to completion of the fence,the Director of the Orange County APS shall be notified to ensure that no large animals are trapped inside the fence. 9. The Working Group recommends that Orange County erect"Children Playing" and "School Bus Stop" signs on Rogers Road. Residents of the Rogers Road neighborhood will identify appropriate locations for these signs.. 10. The Working Group recommends that Chapel Hill Transit re-route the North-South connector bus line to serve Rogers Road on either its northbound or southbound trip, starting with the 1998-99 service year. For the duration of the 1997-1998 service year, the Rogers Road area should be designated as a Shared Ride Feeder Zone if this can be accomplished within adopted budgets and available resources. 11. The Landfill Owners Group will work with the Orange County, Chapel Hill and Carrboro planning departments to sponsor a public information meeting regarding the planning boundary(future annexation boundary) between Chapel Hill and Carrbcro. A "ballot" should be prepared identifying at least three options: I. Leave the planning boundary as it is, along Rogers Road; 2. Move the planing boundary east, placing the entire Rogers Road neighborhood in Carrboro's future annexation area. 3. Move the planning boundary west,placing the entire Rogers Road neighborhod in Chapel Hill's future annexation area (See the attached map showing the possible changes to the planning boundary.) Additional options may be identified and added to the ballot. All households in the area which may potentially be shifted shall be given the opportunity to submit one ballot selecting their preferred option. The Working Group recommends that after the ballots have been tallied, the local governments take the necessary action to adopt the option favored by a majority of local residents within one year. If no single option is favored by a clear majority, the Working Group recommends that no action be taken. 3 Report of Landfill Owners Group/Landfill Neighbors Working Group 20 12. The Working Group recommends that following the closure of the Eubanks Road landfill, portions of the landfill(as allowed_by regulations), the Neville tract, and at least 50 acres of the Greene tract will be used for recreation facilities. The Landfill Owners Group or its successor will appoint an advisory group to make specific recommendations about the post-closure use of the landfill. This group will convene and make recommendations at least two years prior to the expected closure of _ the Eubanks Road landfill. The advisory group will be composed of LOG members, residents neat the Eubanks Road landfill,and other Orange County citizens. 13. The Working Group recommends that no expansion(beyond the existing permitted disposal capacity) of the disposal areas(MSW or Construction and Demolition) of the Eubanks Road landfill occur. The Working Group recommends that the Landfill Owners Group or its successor make no incremental land acquisition at the Eubanks Road Landfill- 14. The Working Group recommends that three residents of the area near the Eubanks Road landfill (two in the Rogers Road area, and one in the Millhouse Road area) be identified to receive all mailings and information sent to members of the Landfill Owners Group or its successor agency. This information should be made available to all residents of the area. Any resident who requests to receive mailings of the Landfill Owners Group shall receive such mailings. Epilogue Nothing in this report should be interpreted as indicating that this Working Group favors or acquiesces to any particular site for a future landfill in Orange County. Neighborhood members and LOG members of the Working Group did not agree as to whether a future landfill site was an appropriate topic for discussion for the Working Group. Neighbors insisted that the only adequate compensation for living next to the landfill for 25 years is to have no new landfill sited in the area. The Working Group aclmowledges that individual elected officials in 1972 made promises regarding water and sewer service in the area of the Eubanks Road Landfill, and regarding the siting of furture landfills, some of which were in writing. None of these promises were officially adopted by any elected body, even though these officials represented these elected bodies. Neighborhood members and some LOG members of the Working Group did not agree as to the legal validity of these promises. The Working Group acknowledges that having a landfill in a neighborhood is an undesirable land use that has a negative impact on the surrounding residents. Further,the Working Group acknowleges that the current Eubanks Road Landfill has been an 4 Report of Landfill Owners Group/Landfill Neighbors Working Group 21 undesirable neighbor for the residents in the area for over two decades, having been sited there in the early 1970's against the will of-the.local residents. Adopted,this the 18th day of September, 1997 David Caldwell Ro Campbell Garry C Mark Chilton Richard Franck Jac Cecil Griffin Leo Hopkins Ila McMillian Robert McNfillian Sheila McMillian Bonnie Norwood 4G Nunn Not Present: Joyce Brown Bill Crowther Diana McDuff e Horace Johnson 5 zz MEMORANDUM TO: W. Calvin Horton, Chapel Hil1 Town Manager John Link, Orange County Manager Robert Morgan, Carrboro Town Manager Eric Swanson, Hillsborough Town Manager FROM: Ralph D: Karpinos, Chapel Hill Town Attorney Geoffrey Gledhill , Orange County Attorney Michael B. Brough, Carrboro/Hillsborough Town Attorney SUBJECT: Procedures for Selection and Approval of the Siting of the next Orange County Landfill DATE: April 15, 1996 This memorandum responds to your request for information outlining the remaining steps necessary for a final decision on the selection, approval, acquisition and permitting of a site for a new landfill for Orange County and its municipalities and providing an estimate as to the time period which might be required to complete those steps . Backaround Local governments involved in the selection of the next landfill for Orange County have made, or are considering, legislative/policy decisions supporting the selection of OC-17 as the next site for a landfill in Orange County: Subject to the specific provisions contained in the resolutions adopted, three of the four local governments (the Orange County Board of . Commissioners, Chapel Hill Town Council, and the Hillsborough Town Board of Commissioners) voted on February 12 to support the location of the next landfill on OC-17 . The Carrboro Board of Aldermen, on February 13 , deferred the matter pending consideration of questions raised by Board members . While these legislative/policy decisions have been made or are being considered, they are only a preliminary step and do not constitute final decisions . Discussion T . Summary. Before a final decision is made on the selection and approval of a landfill site, and OC-17 in particular, state statutes and administrative regulations require that the governments involved consider certain factors and follow specific additional procedures , 23 including the conduct of additional hearings and meetings . It is the purpose of this memorandum to explain these additional steps, recommend a process for completing those steps and provide an estimate of the time needed for each step, where possible . II . Additional Procedural Steps Required. A. Statutory public hearing. North Carolina General Statute Sections 16OA-325 (applicable to municipalities) and 153A-136 (c) (applicable to counties) contain specific requirements for public hearings before any final decision is considered which would result in OC-17 being selected for a landfill . Specifically, these statutory provisions require that a - t . governing board must : a) "consider alternative sites and socioeconomic and demographic data" ; and, b) "hold a public hearing" before it c) selects or approves "a site for a new sanitary landfill that receives residential solid waste that is located within one mile of an existing sanitary landfill within the State . " OC-17 is within one mile of the existing Orange Regional Landfill and these requirements therefore apply. B. Regulatory public meeting. North Carolina Administrative Code (NCAC) Section T15A-C13- S13b. 1618 (c) (5) (A) imposes additional procedural requirements on the local government where the landfill is to be located. In the case of Site OC-17 as well as the other final candidate sites, Orange County is that government . The County is required by the regulations to approve the site either by a resolution or vote on a motion. Before approving the site, the County is required to hold at least one public meeting upon 30 days public notice. Information submitted at the public meeting must be submitted as a part of the permit application submitted to the State . The meeting and approval action required by the Administrative Code must be completed prior to the submittal of an application to the State for a landfill permit . The recruirement in the Administrative Code for this approval is based on provisions in General Statute Sec . 130A-294 . In part, the statute indicates that the approval may be in the nature of a franchise (Sec . 130A-294 (bi) (3) ) , which would require two votes by 2 �4 the County Commissioners under G. S . Sec . 153A-46 . C. Local zoning approval/hearings . The NCAC includes a requirement that the permit application submitted to the State include a letter from the unit of local government with zoning jurisdiction (in the case of OC-17, Orange County) stating that the proposal meets all the requirements of the local zoning ordinance. (This requirement in the Administrative Code for the letter regarding compliance with local zoning is based on provisions in General Statute Sec. 130A-294 (bi) (4) . ) In the case of a publicly owned landfill, there is some question regarding what is necessary to comply with local zoning requirements . N.C.G.S . Sec . 153A-347 provides that the County' s zoning regulations are applicable to the construction of buildings of a political subdivision. Thus, whether County zoning approval (possibly a special use permit along with its required hearing procedures) is needed for the proposed landfill would depend on what is being proposed for the new site (i . e. , a landfill only or associated buildings) . An additional factor could be whether the legal entity or entities which will be applying for the state permit fit the definition of "political subdivision" . Based on the law as currently written, no zoning regulations would restrict the siting of the landfill at OC-17, if the buildings are sited elsewhere and any of the current local governments or a combination thereof are the owners and applicants for the state permit . III . Recommended Process for Further Consideration of OC-17 Based on the required procedures outlined above, we recommend the following as next steps : A. Socioeconomic and demographic data hearing. In order to comply with the requirements pertaining to public hearings and consideration of socioeconomic and demographic data, we recommend the four governing boards (with a quorum from each present) conduct a joint public hearing if OC-17 is to be considered as a possible site . Socioeconomic and demographic data on the four final candidate sites should be submitted. Information on site OC-17 and other alternative sites should be presented. Socioeconomic and demographic data should include data prepared and presented by the governing boards, staffs . Further consideration of OC-17, including possible final approval, should occur after this joint hearing. Each governing board should consider the information presented at the public hearing and consider further the selection of a site for a landfill at a follow-up separate meeting of that board. 3 25 We recommend that this hearing be scheduled this spring and propose that the elected boards be asked to attempt to reach a tentative consensus on scheduling this hearing when they gather for the joint public forum on April 18 . The date of the hearing would need to be confirmed by each board at a regular meeting of that Board. We believe that at this hearing the property owners whose property is part of the site identified for possible acquisition as site OC-17 should be allowed to make whatever presentation they wish to make and be given a reasonable opportunity to present information and place information before the governing boards for their consideration. Owners of property in the area surrounding the property under consideration for acquisition should be given a similar opportunity. B. North Carolina Administrative Code hearing. In addition to selecting a- site for a landfill (after complying with the hearing requirement described above) the County Commissioners, as the "host" jurisdiction for the site are required to approve the site following the procedures required by the North Carolina Administrative Code . The Code requires, before the County considers whether to approve Site OC-17 or any other site within the County' s jurisdiction, an additional public meeting. The State Administrative Code contains specific requirements for how this public meeting is to be advertised and how the record of the meeting is to- be made. This meeting should be separate from the joint public hearing described above and will afford another opportunity for public input from property owners and surrounding neighbors as well as other interested citizens prior to a County decision being made. Information regarding this hearing is required to be submitted . to the State as part of the application for a State permit . C. Zoning approval . In addition to approving and selecting a site for a landfill, the governing board with zoning jurisdiction (in the case of all final candidate sites this is Orange County) must provide a letter to be submitted with the State application stating that the proposal meets all requirements of the local zoning ordinance. We anticipate that an application to the State for a landfill permit will not be ready to file before 1998 or 1999 . Prior to the application being prepared for filing, design plans for the proposed landfill will need to progress to a stage sufficient to allow there to be a determination as to what, if any, County zoning regulations need to be followed so that the requisite permits can be issued, thereby allowing the County to submit the letter 4 26 required by the State regulations . The County' s Development Ordinance requires that the property being considered for a zoning permit be owned by the party submitting the application for development approval by the County or that the applicant have the legal authority of the owner to make the application, in which case the owner must join in the application to indicate its consent to the application. Thus, before this step can be taken the County or Town (s) , alone or in combination, must establish a sufficient legal interest in the property to submit an 'application for the development permit . A legally sufficient interest would include acquisition of the site through purchase or, if necessary, the vesting of title following the initiation of an eminent domain proceeding in Court . Consent of the owner to the application would also be an option. Whatever is determined to be required in the way of zoning applications, processing and approvals from the County is, thus, a step that should come after governing boards consider the selection of a site under the statutory and regulatory requirements discussed above. Opportunities for public input in this development approval proceeding, if one is determined. to be necessary, should be available consistent with the provisions of the County' s Development Ordinance. IV. Other remaining steps . A number of other major steps, in addition to those necessary to complete the local selection and approval of a site for a landfill, will need to be completed in order to complete this process . These include: a) deciding on the organization of the agency to own and/or operate the landfill, or identifying an existing agency to assume these responsibilities; b) creating any organization determined to be needed; c) selecting a financing tool to fund any initial acquisition and, later, development costs; d) implementing the financing tools selected to establish the funds needed for initial acquisition; e) purchasing the property, which may include acquiring tracts by exercise of the power of eminent domain; f) aoolvina for a permit from the State, including submittal of all necessary permit application materials; g) receiving a permit from the State; and, 5 27 h) bidding, contracting for and constructinnr initial cells for disposal of solid waste . Any of these steps could face delays due to unanticipated problems or legal challenges. The attached timetable has been prepared by Joyce Engineering, the Landfill' s engineering consultant to provide estimates on how some of these steps could proceed. Estimates as to how long administrative appeals in a permitting process could be extended if challenges were brought would be difficult to establish. Likewise, if it is necessary to initiate eminent domain proceedings to acquire properties, accruisition of title to property could be delayed by court order for some period of time . Conclusion The local governments and citizens of Orange County have been engaged in a process for several years which may lead to the selection of a site and construction of a new landfill for Orange County. The steps identified in this memorandum are required in order for that process to continue to move forward. 6 2s DRAFT A RESOLUTION RELATING TO THE USE OF THE GREENE TRACT Whereas,the Greene Tract (169 acres)was purchased by the Landfill Owners' Group(LOG)to be used for landfill purposes,and Whereas, it has been deemed no longer suitable for use as a landfill; and Whereas the disposition of the Greene Tract must be resolved as part of the Solid Waste Management Reorganization Agreement; Now,therefore the Orange County Board of Commissioners Resolves: 1. That 75 acres be dedicated as public parkland with the option to co-locate a public school and/or public safety facility on that site. 2. That 25 acres be dedicated as affordable housing use for appropriate non- profit organizations. 3. That the remaining 69 acres be set aside for commercial and residential use and that this acreage be soli so that the Landrdl Owners' Fund will be reimbursed for(a minimum)the original cost of the Greene Tract. AND: 4. That a Joint Planning Area process be initiated to conceptualize a Greene Tract Land Use Plan using these basic guidelines and appropriate planning resources(GIS, Environmental Impact Statements,Regional Transportation Plans, etc. ). 5. That this resolution be incorporated into the Solid Waste Management Reorganization Agreement The foregoing resolution having been submitted to a vote, received the following vote and was duty adopted this day of , 1997.