HomeMy WebLinkAboutAgenda - 10-21-1997 - 11c ' 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 21, 1997
Action Agenda
Item No. _C
SUBJECT: Solid Waste Management Interlocal Agreement
DEPARTMENT: Manager/Attorney/Public Works PUBLIC HEARING: (Y/N) R,
BUDGET AMENDMENT: (Y/N)
ATTACHMENT(S):
LOG/Landfill Neighbors Report on Benefits INFORMATION CONTACT:
10/16/97 County Attorney Letter Rod Visser, ext 2300
10/15/97 Planning Staff Memo Geof Gledhill, 732-2196
County Staff Review of Proposed Benefits
(under separate cover) TELEPHONE NUMBERS:
10/13/97 CH Staff Memo on Proposed Benefits Hillsborough 732-8181
Consolidated Calendar for Board Actions Chapel Hill 968-4501
Proposed Interlocal Agreement (under separate Durham 688-7331
cover) Mebane 227-2031
PURPOSE: To discuss the proposed interlocal agreement on solid waste management that would
transfer primary responsibility for solid waste management and landfill operations from the Town of
Chapel Hill to Orange County.
BACKGROUND: At their meeting on October 6, 1997, the Board of Commissioners discussed a
number of solid waste management issues,including a schedule for discussions, and ultimately,
decisions, on several outstanding issues leading up to approval of an interlocal agreement with
Carrboro, Chapel Hill, and Hillsborough that would have Orange County take the primary
responsibility for overall solid waste management and landfill operations. Discussions were
scheduled for the October 21 meeting on approval of substantially the final form of the interlocal
agreement, and a list of community benefits developed in a series of meetings during the past few
months between Landfill Owners' Group(LOG)representatives and residents of the neighborhoods
around the Eubanks Road Landfill
At the October 6 meeting, the Board asked the Manager and Attorney to prepare analyses of the
legal, financial, and planning implications of the proposed list of community benefits. The County
Attorney and Planning staff have prepared the attached memos regarding legal and planning issues;
Chapel Hill town staff have likewise prepared a memo which reflects their perspectives on some of
the legal and financial implications of the proposed benefits list. It is important to note that detailed
analyses of the most monetarily significant benefits-those dealing with provision of water and
sewer service - are not expected to be ready until early in the week of October 20. OWASA has
retained an outside consultant to provide detailed cost estimates of those benefits, and will provide
that information to the County and Towns as soon as the consultant's work has been completed, and
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reviewed by OWASA staff. A separate attachment lists any other County staff concerns or
observations regarding the community benefits list beyond those already noted in other attachments.
A meeting of the Assembly of Governments has been scheduled for Wednesday, October 22, to
discuss the interlocal agreement and specifically, the proposed list of community benefits to the
Eubanks Road landfill neighborhoods. This meeting was arranged to assist all four governing
boards in resolving all outstanding solid waste issues to be decided by a self-imposed deadline of
December 1, 1997,to include a decision on the siting of a new landfill. Given recent developments
regarding the prospects for a landfill on Site OC-17 (which had been designated by the County and
the Towns of Chapel Hill and Hillsborough as the preferred candidate landfill site), the Board may
wish to re-examine what should be the timetable for making decisions on the interlocal agreement,
the community benefits process, and the landfill siting decision(to include other options such as
review of alternative landfill sites, a new landfill siting process, or out-of-county options, among
others). Under the current schedule, final decisions on these matters are to be made by the Board of
Commissioners no later than the meeting scheduled for November 24, 1997. The Board may also
wish to decide what views or positions the Board will present on the open solid waste matters to the
other governing boards at the Assembly of Governments meeting on the following night. The
Board may specifically want to consider a formal vote to indicate their view on the disposition of
the Greene tract, as this is a significant element of the interlocal agreement which could be
addressed at the Assembly of Governments meeting.
RECOMMENDATION(S): The Manager recommends that the Board: discuss the interlocal
agreement and community benefits; provide approval of the interlocal agreement in substantially
final form; decide on views to be presented at the Assembly of Governments meeting on October
22; and provide direction, as appropriate to the Manager and Attorney regarding the open solid
waste matters.
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Report of the landfill Owners Group/Landfill Neighbors Workdng Group
The following recommendations of this Working Group should be incorporated into the
inter-local agreement transferring ownership and operation of the Orange Regional
Landfill to Orange County. The recommendations should be incorporated m such a way
as to be legally binding on the sigtratories to the inter-local agreement
In no way should these -—men dations 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 new 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 aleng 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(iinchuting,but not limited to,Punefoy Drive, Rusch Road, Priscilla Lane, Sandberg
Lane, Meadow Rua Coat,Maacr,Drhm, Manor Cant, and Blackwood Mountain Road).
These improvements should be provddini by the completion of the 2002-2003 fiscal year.
The costs of providing these improvements should be paid for by landfiIl ftmds 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 oa the same basis
as their ownership(L e.Orange County 43%,Town of Chapel Hill 43%,Town of
Carrbogro 14 0/6).
The Working Group recommends that the Town of Chapel Hill act as the coordinating
agency in drying art these improvements.
2. The Working Group recammdends that Orange Canty, Chapel Hill, and Carrboro
provide assistance to low-iucetme 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 forms of Community Development Block Grants, other grants,or local fimds
where allowed by state law,
"Assistance to lowwineame residents" is defined as paying for at least 75%of the cost of
water and sewer b odimps to households whose income is lass than 80% of the median
income in OraAp County for a family of four; and providing at least 50% of the cost of
hookups for households whose income is between 80%and 1000/a of the median income
in Orange County for a family of four. Very low-income residents in these areas should
receive 100%of the casts ofhookups.
In recognition of the special burden placed on persons living closest to the landfill,
households within the area bounded by the Landfill,the Greece tract, Eubanks Road,and
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Report of Landfill Owners Group/Landfill Neighbors Worlflng Group .4
the University Railway will be eligible for long-term(up to 50 years), low-interest loans
from the landfill find to pay the casts 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-tune 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 an roads strrotmding 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 landfdl entrance at least six times annually, and on Rogers
Road at least eight times anmrally. Future modif onion 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 iu 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 minimum,include posting of signs
-on the four roadway entrances into these neighborhoods(the north end of MilMouse
Road,bath 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 putFand 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
constriction at the landflll follow the Orange County noise ordinance.
7. The Working Group recommends that residents living new 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, and/or
types of articles discarded should be made when possible.
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Report of Landfill Owners Group(Umdfill Neighbors Worlong Grog
The Landfill Owners Group will investigate with the Orange Counzty 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 m 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 Inge animals are trapped inside the fence.
9. The Working Group recommend that Orange County erect"Children Playing" and
"School Bus Stop"signs on Rogers Road. Residents of the Rogers Road neighborhood
will identify appropriate locatims for these signs._
10. The Word ng Group that Chapel Hill Transit re-route the North-South
connector bus line to serve Rogars 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
Cantcro planning departments to sponsor a public information meeting regarding the
Pig bounty(ft== aamexation boundary)between Chapel Hill and Cm-fmo. A
"ballot" should be prepared idendfying at least three options:
1. Leave the planning boundary as it is, along Rogers Road;
2. Move the p1mming boundary east,placing the entire Rogers Road
neighborhood iu Carrboro's fuaue annexation area.
3. Move the pluming boundary west,placing the entire Rogers Road
neighborhod in Chapel Hills AV=anactation area
(Seethe attached map showing the possible changes to the planning bo ndary-)_
Additional options may be identified and added to the ballot All households is the area
which may potentially be shifted shall be given the opportunity to submit one ballot
selecting their prefened optican.
The Working Group rend that after the ballots bave 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 recommend that no action be taken.
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Report of Landfill Owners Group/Landfill Neighbors Working Group 6
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 groin will be composed of LOG members,
residents near 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 landfMoccur.
The Working Group recommends that the Landfill Owners Group or its successor make
M incremental land acgtdsitien at the Eubanks Road Landfill
14. The Working Group recommends that tbree residents of the area near the Eubanks
Road landfill(two in the Rogers Road area, and one in the MilIhouse 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 repcut should be interpreted as mdicating that this Working Group favors
or acquiesces to any particular site for a Endue landfill in Orange Cou xty. 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 admowledges that individual elected officials in.1972 made
promises regarding water and s-ewer service in the area of the Eubanks Road Landfill,
and regarding the siting of futtae 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 admowledges 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 aclmowleges that the current Eubanks Road Landfill has been an
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Report of Landfill Owners GroupiLandfill Neighbors Working Group 7
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.
Adapted, this the 18th day of September, 1997
David Caldwell Ro�Camppben
Garry Mark Chilton
Richard Franck Ja
/`{ \
,c..LO
Cecil Griffin Leo Hopkins
'A' M -�
Ila McMillian Robert McMillian
�;CL. M i
Sheila McMilliaa Bormie Norwood
Gertrude Norm
Not Present
Joyce Brown
Bill Crowther .
Diana McDuf6te.
Horace Jobnsan
5
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LAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E.TRYON STREET
P.O.DRAWER 1529
HILLSBOROUGH,NORTH CAROLINA 27278
919.732-2196 FROM THE DESK OF
FAX 919.732-7997 GEOFFREY E.GLEDHILL
October 16, 1997
Bill Crowther, Chair
Margaret Brown
Moses Carey, Jr.
Alice Gordon
Stephen Halkiotis
Orange County Board of Commissioners
Post Office Box 8181
Hillsborough, North Carolina 27278
RE: Report of the Landfill Owners Group/Landfill Neighbors Working Group -
Recommendations for Improvements around the Orange Regional Landfill
Dear Board Members:
At your October 6 meeting you requested that I look at the legal issues surrounding the
recommendations for improvements in the community of neighbors of the Orange Regional
Landfill which are contained in the September 18, 1997 Report of the Landfill Owners
Group/Landfill Neighbors Working Group. An important starting point of my review and
analysis of these recommendations is the second paragraph of the Report itself. It states: "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." (Emphasis added.) Any public
improvements that are made in the area surrounding the Orange Regional Landfill must be legally
justified on some basis other than compensation for siting the Orange Regional Landfill. The
ability of the local governments of Orange County, Chapel Hill and Carrboro to pay for the
recommended and any other public improvements must rest on some basis other than
compensation.
Most of the recommendations do not have significant legal implications. Those that don't
may call for additional financial and people resources and in some instances some regulatory
tightening. But generally they can be performed within the context of the operation of the
landfill enterprise. Only those that have significant legal implications will be addressed further
in this letter.
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Orange County Board of Commissioners
Page 2
October 16, 1997
I think the easiest way to understand the legal issues surrounding the recommended
benefits is to "follow the money." What I mean by that is that the landfill enterprise can spend
landfill enterprise money on those benefits which are related to and incident to the landfill
operation. Those that are not must be legally justified using some other public purpose. For that
reason,it is immaterial whether implementation of the recommendations affects people who have
lived with the landfill for some period of time or have just become landfill neighbors or will do
so in the future.
The extension of public water and sewer to the community identified in the Report is the
fast recommendation that has significant legal implications. Using the "follow the money"
approach, my thoughts on the water and sewer recommendations follow.
Extending a sewer line to the landfill for landfill operations,including leachate collection,
is a legitimate expense of the landfill enterprise and presents no legal problem. The same is true,
I think, of a water line extension to serve the landfill itself. Extending water lines to those in
the community who now receive their water from wells may be justified and as a landfill expense
on the theory that the water from the wells is contaminated or could become so. It seems to me
that the community of homeowners or lot owners who could receive public water at the landfill
enterprise expense would have to be determined based on a reasonable set of criteria. This set
of criteria should,of necessity,include some factual basis,including inferences from facts known,
that the risk of well contamination is more than imagined. In my opinion no other extension
of public water or sewer can be done or paid for by the landfill enterprise. This is so for more
than one reason. However, it is enough to say that North Carolina General Statute § 153A-292,
which provides for the imposition of fees for the use of a County collection and disposal facility,
in subsection (b) limits the use of the fee imposed for the use of a disposal facility. "The fee
for use may not exceed the cost of operating the facility...."
Since the landfill enterprise cannot pay for the extension of public water and sewer
beyond what is discussed above, public water and sewer extensions serving other purposes must
be justified under some other public purpose theory and paid for using some other source of
funds. There are planning issues associated with the extension of public water and sewer
recommended in the Report of the Landfill Owners Group/Landfill Neighbors Working Group.
Gene Bell's WATER AND SEWER EXTENSION INTO THE RURAL BUFFER memorandum
addresses most if not all of those planning issues. I know that those planning issues have not
been resolved However, for purposes of discussing the legality of extending public water and
sewer to the Orange Regional Landfill community identified in the Report, I will assume that
there will be an acceptable resolution of the planning issues.
Orange County, Chapel Hill and Carrboro all have the power to spend general fund
revenue to provide public water and sewer to the citizens in their jurisdictions (municipal
boundaries for the towns; outside of municipal boundaries for the County). Further, it is
-10
Orange County Board of Commissioners
Page 3
October 16, 1997
reasonable to assume annexation by the towns of their respective transition areas. The towns can
provide public water and sewer in their transition areas. Furthermore, and in my opinion
significantly, the entire identified community can be served with public water and sewer using
the general fund revenue of Orange County, Chapel Hill and Carrboro in a joint undertaking.
This would allow a "blurring" of jurisdictional lines by reasonable assumptions concerning
financial contribution to the enterprise. I think there could be quite a bit of latitude in these
assumptions given that the enterprise in question would be one of constructing public water and
sewer utilities and not their operation thereafter. The operation of these utilities would
presumably fall to OWASA once they were constructed.
Fees for connection to the water and sewer utilities can be justified, if they are all to be
paid, on the same basis as the line extensions themselves. However,if only those fees associated
with homes owned by persons with low and moderate income are to be paid, then landfill
enterprise funds would not be available. Low and moderate income homeowners' fees can be
paid by the local governments under the community development programs and activities power
of the County, Carrboro and Chapel Hill found in N.C. Gen. Stat. §§ 153A-376 and 160A-456,
copies of which are enclosed.
The legal analysis for public transportation in the Orange Regional Landfill community
is the same as the general fund public water and sewer extension analysis above. The practical
issues are different but the legal issues are the same.
Relocating future annexation boundaries by referendum is, in my opinion, problematic.
I have previously written to the Board advising against holding non-binding or "straw" ballot
referenda not expressly authorized by the North Carolina General Assembly. The annexation
boundary and the joint planning transition area boundary should be determined through the joint
planning process already in place.
One of the recommendations in the Report of the Landfill Owners Group/Landfill
Neighbors Working Group calls for using at least 50 acres of the Greene tract for recreation
facilities. The Greene tract is presently an asset of the Orange Regional Landfill enterprise. I
have not done an exhaustive research project on this question. However, transferring the Greene
tract out of the-enterprise and essentially declaring it to be surplus property for landfill purposes
raises a legal question because the property was purchased with landfill tipping fees, which by
law cannot exceed the cost of operating the landfill. The question further becomes one of
whether the Greene tract is or ever can become truly surplus given the potential liability
associated with owning and operating a landfill forevermore and the cost of its continued
operation. Put another way,can the Greene tract be disposed of by the landfill enterprise while
tipping fees are charged for operations expenses, including the potential for future payment of
environmental mitigation expenses due to past, present and future landfill practices, that could
otherwise be avoided because of the availability of the Greene tract asset? I have not reached
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Orange County Board of Commissioners
Page 4
October 16, 1997
a conclusion on this question because it is my view that inclusion or not of the Greene tract, in
whole or in part, as an asset of the landfill enterprise to be used or disposed of by the owner and
operator of the landfill enterprise is fast a practical and political decision, the details of which
are necessary for the legal inquiry.
Very truly yours,
COLEMAN, GLEDHILL & HARGRAVE, P.C.
o rey . Gled '
GEG/lsg
Enclosures
xc: John M.Link,Jr.
lsg-10
bdofcom4.ltr
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§153A-367 1996 CUMULATIVE SUPPLEMENT §153A-376
effective date of this act are not abated or would be applicable but for this act re-
affected by this act,and the statutes that main applicable to those prosecutions."
§ 153A-367. Removing notice from condemned
building.
If a person removes a notice that has been affixed to a building by
a local inspector and that states the dangerous character of the
building,he is guilty of a Class 1 misdemeanor. (1969,c. 1066, s. 1; i
1973,c.822,s.1;1993,c..539,s.1068;1994,Ex.Sess.,c.24,s. 14(c).) i
r
Editor's Note.-Session Laws 1993, occurring on or after that date.Prosecu-
c.539,s. 1068,which amended this sec- tions for offenses committed before the !
tion,in s. 1359, as amended by Session effective date of this act are not abated or {{
Laws 1994,Extra Session,c.24,s.14(c), affected by this act,and the statutes that j
provides:"This act becomes effective Oc- would be applicable but for this act re-
tober 1, 1994, and applies to offenses main applicable to those prosecutions."
§ 153A-371. Failure to comply with order.
If the owner of a building fails to comply with an order issued
t pursuant to G.S. 153A-369 from which no appeal has been taken,or
x fails to comply with an order of the board of commissioners following
an appeal,he is guilty of a Class 1 misdemeanor.(1969,c. 1066,s. 1;
fi 1973,c.822,s. 1;1993,c.539,s.1069;1994,Ex.Sess.,c.24,s. 14(c).)
Editor's Note.-Session Laws 1993, occurring on or after that date.Prosecu-
1 c. 539,s. 1069,which amended this sec- tions for offenses committed before the
tion,in s. 1359,as amended by Session effective date of this act are not abated or
Laws 1994,Extra Session,c.24,s.14(c), affected by this act,and the statutes that
' provides."This act becomes effective Oc- would be applicable but for this act re-
tober 1, 1994, and applies to offenses main applicable to those prosecutions." j
Part 5. Community Development.
§ 153A-376. Community development programs
and activities.
(a) Any county is authorized to engage in, to accept federal and
State grants and loans for,and to appropriate and expend funds for
community development programs and activities. In undertaking j
community development programs and activities, in addition to 1
other authority granted by law, a county may engage in the i
following activities:
(1) Programs of assistance and financing of rehabilitation of 1
private buildings principally for the benefit of low and i
--- moderate income persons, or for the restoration or preser-
vation of older neighborhoods or properties, including di-
rect repair,the making of grants or loans,the subsidization j
of interest payments on loans, and the guaranty of loans;
(2) Programs concerned with employment, economic develop- i
ment, crime prevention, child care, health, drug abuse,
education, and welfare needs of persons of low and moder-
ate income.
(b) Any board of county commissioners may exercise directly
those powers granted by law to county redevelopment commissions
124
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§153A-376 COUNTIES §153A-376
i and those powers granted by law to county housing authorities.Any
board of county commissioners desiring to do so may delegate to
redevelopment commission or to any housing authority the respon-
sibility of undertaking or carrying out any specified community
1 development activities.Any board of county commissioners and any
municipal governing body may by agreement undertake or carry out
i for each other any specified community development activities.Any
board of county commissioners may contract with any person,
association,or corporation in undertaking any specified community
development activities.Any county or city board of health, county
board of social services,or county or city board of education,may by
agreement undertake or carry out for any board of county commis-
sioners any specified community development activities.
(c) Any board of county commissioners undertaking community `
development programs or activities may create one or more advisory
committees to advise it and to make recommendations concerning
such programs or activities.
+ (d) Any board of county commissioners proposing to undertake
any loan guaranty or similar program for rehabilitation of private
buildings is authorized to submit to its voters the question whether
} such program shall be undertaken,such referendum to be conducted
i pursuant to the general and local laws applicable to special elections
in such county.
(e) No state or local taxes shall be appropriated or expended by a
county pursuant to this section for any purpose not expressly
i authorized by G.S. 153A-149,unless the same is first submitted to a
vote of the people as therein provided.
f (f) All program income from Economic Development Grants from
the Small Cities Community Development Block Grant Program
may be retained by recipient"economically distressed counties", as
defined in G.S. 143B-437A for the purposes of creating local eco-
nomic development revolving loan funds. Such program income
derived through the use by counties of Small Cities Community
1 Development Block Grant money includes but is not limited to: (i)
payment of principal andi nterest on loans made by the county using
Community Development Block Grant Funds;(ii)proceeds from the
lease or disposition of real property acquired with Community
Development Block Grant Funds; and (iii) any late fees associated
! with loan or lease payments in(i)and(ii)above. The local economic
1 development revolving loan fund set up by the county shall fund
only those activities eligible under Title I of the federal Housing and
Community Development Act of 1974,as amended(P.L.93-383),and
shall meet at least one of the three national objectives of the
Housing and Community Development Act.Any expiration of G.S.
143B-437A or G.S. 105-129.3 shall not affect this subsection as to
designations of economically distressed counties made prior to its
esp. ti .
(g} Any county may receive and dispense funds from the Commu-
nity Development Block Grant Section 108 Loan Guarantee pro-
gram M, 24 CFR 570.700 et seq., either through applica-
tion to the North Carolina Department of Commerce or directly from
the fedqral government, in accordance with State and federal laws
governing these funds.Any county that receives these funds directly
from the federal government may pledge current and future CDBG
funds for use as loan guarantees in accordance with State and
federal laws governing these funds. A county may implement the
125
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§153A-377 1996 CUMULATIVE SUPPLEMENT §153A-405
i
receipt,dispensing, and pledging of CDBG funds under this subsec-
tion by borrowing CDBG funds and lending all or a portion of those
funds to a third party in accordance with applicable laws governing
the CDBG program.
Any county that has pledged current or future CDBG funds for
use as loan guarantees prior to the enactment of this subsection is
authorized to have taken such action. A pledge of future CDBG
funds under this subsection is not a debt or liability of the State or
any political subdivision of the State or a pledge of the faith and
credit of the State or any political subdivision of the State. The
pledging of future CDBG funds under this subsection does not
directly,indirectly,or contingently obligate the State or any political
subdivision of the State to levy or to pledge any taxes.(1975,c.435,
s. 2; c. 689, s. 2; 1987(Reg. Sess., 1988), c. 992, s. 1; 1995, c. 310, s.
2; 1995(Reg.Sess., 1996),575,s.2; 1996,2nd Ex.Sess.,c. 13,s.3.8.)
Editor's Note.-Session Laws 1995, amendment or repeal."
c. 310, s. 2, effective July 1, 1995, en- Effect of Amendments - The 1995
acted a subsection(e).As a subsection(e) amendment, effective July 1, 1995,
already existed,that subsection was re- added a subsection(e), redesignated as
designated as subsection(g)at the direc- subsection(g).
rx tion of the Revisor of Statutes. Session Laws 1996,Second Extra Ses-
Session Laws 1996,Second Extra Sea- sion, c. 13, 9. 3.8, effective August 1,
g sion, c. 13, s. 1, provides that this act 1996,in subsection(f),substituted"`eco-
t�y# shall be known as the William S. Lee nomically distressed counties',as defined
i � � Quality Jobs and Business Expansion in G.S. 143E-437A for "`severely dis-
� 0 f Ate' tressed counties', as designated under
y_. Session Laws 1996,Second Extra Sea-
G.S. 105-130.40(c)"in the first sentence,
sion, c. 13, s. 10.1, provides: "This act
and in the last sentence substituted
does not affect the rights or liabilities of "G.S. 143B-437A or G.S. 105-129.3"for
the State,a taxpayer,or another person
G.S. 105-130.40(c)" and substituted
arising under a statute amended or re-
pealed by this act before its amendment "economically"for"severely".
or repeal; nor does it affect the right to Session Laws 1995(Reg.Sess., 1996),any refund or credit of a tax that would c. 575, s. 2, effective October 1, 1996,
X. otherwise have been available under the added the last sentence of the first para-
c'�. amended or repealed statute before its graph of subsection(g).
§ 153A-377. Acquisition and disposition of prop-
erty for redevelopment.
f d:
- CASE NOTES
4
# Cited in Vulcan__Materials Co. v
Iredell County, 103 N.C.App. 779, 407
S.E.2d 283(1991).
ARTICLE 20.
Consolidation and Governmental Study Commissions.
§ 153A-405. Referendum; General Assembly ac-
tion.
(a) If authorized to do so by the concurrent resolutions that
established it, a commission may call a referendum on its proposed
plan of governmental consolidation. If authorized or directed in the
126
f
15
§160A-456 CITIES AND TOWNS §160A-456
Part 8. Miscellaneous Powers.
§ 160A-456. Community development programs
and activities.
(a) Any city is authorized to engage in,to accept federal and State
grants and loans for, and to appropriate and expend funds for
community development programs and activities. In undertaking t
community development programs and activities, in addition to
other authority granted by law, a city may engage in the following {
activities:
(1) Programs of assistance and financing of rehabilitation of
private buildings principally for the benefit of low and
moderate income persons, or for the restoration or preser-
vation of older neighborhoods or properties, including di-
rect repair,the making of grants or loans,the subsidization ,
of interest payments on loans, and the guaranty of loans;
(2) Programs concerned with employment, economic develop-
ment, crime prevention, child care, health, drug abuse,
education, and welfare needs of persons of low and moder-
ate income.
(b) Any city council may exercise directly those powers granted by
law to municipal redevelopment commissions and those powers
granted by law to municipal housing authorities, and may do so
whether or not a redevelopment commission or housing authority is
in existence in such city. Any city council desiring to do so may
delegate to any redevelopment commission or to any housing au-.
- thority the responsibility of undertaking or carrying out any speci-
fied community development activities. Any city council and any
board of county commissioners may by agreement undertake or
carry out for each other any specified community development
activities. Any city council may contract with any person, associa-
tion,or corporation in undertaking any specified community devel-
opment activities.Any county or city board of health, county board
of social services, or county or city board of education, may by
agreement undertake or carry out for any city council any specified
community development activities.
(c) Any city council undertaking community development pro-
grams or activities may create one or more advisory committees to
advise it and to make recommendations concerning such programs
or activities.
(d) Any city council proposing to undertake any guaranty or loan guaran
similar program for rehabilitation of private buildings is authorized
to submit to it*voters the question whether such program shall be
undertaken, such referendum to be conducted pursuant to the
general and local laws applicable to special elections in such city.
(dl) Any city..may receive and dispense funds from the Commu-
nity Development Block Grant Section 108 Loan Guarantee pro-
gram, Subpart V, 24 CFR 570.700 et seq., either through applica-
tion to the North Carolina Department of Commerce or directly from
the federal government, in accordance with State and federal laws
governing these funds. Any city that receives these funds directly
from the federal government may pledge current and future CDBG z
-funds-for use as Than guarantees in accordance with State and
federal laws governing these funds. A city may implement the c
receipt, dispensing,and pledging of CDBG funds under this subsec-
35
16
§160A-456 1996 CUMULATIVE SUPPLEMENT §160A-456
tion by borrowing CDBG funds and lending all or a portion of those
funds to a third party in accordance with applicable laws governing
the CDBG program.
Any city that has pledged current or future CDBG funds for use as
loan guarantees prior to the enactment of this subsection is autho-
rized to have taken such action. A pledge of future CDBG funds
under this subsection is not a debt or liability of the State or any
political subdivision of the State or a pledge of the faith and credit
of the State or any political subdivision of the State.The pledging of
future CDBG funds under this subsection does not directly, indi-
rectly,or contingently obligate the State or any political subdivision
of the State to levy or to pledge any taxes.
(e) Repealed by Session Laws 1985, c. 665, s. 5. j
(el) All program income from Economic Development Grants
from the Small Cities Community Development Block Grant Pro- • i
gram may be retained by recipient cities in"economically distressed
counties",as defined in G.S. 143B-437A,for the purposes of creating
local economic development revolving loan funds. Such program
income derived through the use by cities of Small Cities Community
Development Block Grant money includes but is not limited to: (i)
payment of principal and interest on loans made by the county using
Community Development Block Grant Funds;(ii)proceeds from the
lease or disposition of real property acquired with Community
Development Block Grant Funds; and (iii) any late fees associated
with loan or lease payments in(i)and(ii)above.The local economic
development revolving loan fund set up by the city shall fund only
those activities eligible under Title I of the federal Housing and
Community Development Act of 1974,as amended(P.L.93-383),and {
shall meet at least one of the three national objectives of the
Housing and Community Development Act.Any expiration of G.S.
i
0
143B-437A or G.S. 105-129.3 shall not affect this subsection as to
designations of economically distressed counties made prior to its
expiration. (1975,c. 435, s. 1; c. 689, s. 1;c. 879, s. 46; 1983,c. 908,
s. 4; 1985, c. 665, s. 5; 1987,c.464,s. 10; 1987(Reg. Sess., 1988),c.
992, s. 2; 1995, c. 310, s. 3; 1995 (Reg. Sess., 1996), c. 13, s. 3.9; c.
575, s. 3.) i
Editor's Note.-Session Laws 1996, amendment, effective July '1, 1995,
Second Extra Session, c. 13, s. 1, pro. added subsection(dl).
vides that this act shall be known as the Session Laws 1995(Reg.Seas.,1996),
William S. Lee Quality Jobs and Busi- c. 575, s. 3, effective October 1, 1996,
ness Expansion Act added the last sentence of the first pare-
Session Laws 1996,Second Extra Sea- graph of subsection(dl).- •
sion, c. la, a. 10.1, provides: 'This act Session Laws 1996,Second Extra Sea-
does not affect the rights or liabilities of lion, c. 13, a. 3.9, effective August 1;
the State,a taxpayer,or another person 1996, in subsection (el), substituted'
arising under a statute amended or re- "'economically distressed counties', as
--pealed-by this act before its amendment defined in G.S.143B-437A'for"severely
or repeal;nor does it affect the right to distressed counties',as designated under
any refund or credit of a tax that would G.S. 105-130.40(cr in the first sentence,
otherwise have been available under the and substituted"G.S.143B-437A or G.S.
amended or repealed statute before its 105-129.3' for "G.S. 105-130.40(er and
amendment or repeal.' substituted"economically"for"severely"
Effect of Amendments. -The 1995 in the last sentence.
36
17
Orange County Planning Department
MEMORANDUM
TO: John Link, County Manager
Geof Gledhill, County Attorney
Rod Visser,Assistant County Manager
Wilbert McAdoo, Public Works Director
Paul Thames, County Engineer
FROM: Gene Bell, Planner III
SUBJ: WATER AND SEWER EXTENSION INTO THE RURAL BUFFER
DATE: October 15, 1997
A key recommendation in the Report of the Landfill Owners Group/Landfill Neighbors
Working Group is"....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 Run Court,
Manor Drive, Manor Court, and Blackwood Mountain Road)."
All of the areas referenced above lie in the Joint Planning Area(see attachment for an
overview of Joint Planning). Specifically, areas east of Rogers Road and adjacent to Purefoy
Drive, Rusch Road, Priscilla Lane, and Sandberg Lane lie in the Chapel Hill Transition Area.
Areas west of Rogers Road and adjacent to Meadow Run Court lie in Carrboro Transition Areas
I and II. The portion of Millhouse Road from the point where it crosses the railroad north to
New Jericho Road,plus areas adjacent to Manor Drive, Manor Court, and Blackwood Mountain
Road, lie in the Rural Buffer. Extension of water and sewer lines in the transition areas is
consistent with the Joint Planning Agreement, Joint Planning Area Land Use Plan, and adopted
municipal zoning;however, extension of water and sewer lines to properties in the Rural Buffer
is discouraged by the Joint Planning Agreement,Joint Planning Area Land Use Plan, and Rural
Buffer zoning. The Joint Planning Area Land Use Plan states:
The Rural Buffer category is described in the Plan as land adjacent to an Urban or
Transition area which is rural in character and which should remain rural; contain
very low-density residential uses; and not require urban services (water and sewer)
during the Plan period.
18
The Orange County Water and Sewer Policy governs the extension of water and sewer
lines into areas of County planning jurisdiction. Particularly relevant to the question at hand are
the following excerpts from Goal 3, Section B.3 of the policy:
Outside of Transition Areas, extension of water or sewer systems will only occur to
provide service to an essential public facility, such as a school, or to remedy a public
health emergency not otherwise correctable, such as a failing septic tank or failing
package treatment plant.
Generally, system extensions into areas outside of Transition Areas shall be sized
according to the policies of the utility providing the water or sewer service. However,
system extensions into and within the Rural Buffer and Water Quality Critical Areas
shall be sized to address only the concern for which the systems are extended.
The role of the Orange County Water and Sewer Policy in this matter is recognized in the Joint
Planning Area Land Use Plan. Based on the facts as known, extension of water and sewer lines
into the Rural Buffer along Millhouse Road is inconsistent with the Orange County Water and
Sewer Policy on both points: no essential public facility is involved and no public health
emergency is involved.
Assuming a desire on the part of Joint Planning local governments to extend water and
sewer to properties in the Rural Buffer along Millhouse Road, Manor Drive, Manor Court, and
Blackwood Mountain Road,three possibilities emerge: establish clear findings and statements
regarding public health and safety so that the general policies of the Joint Planning Agreement
and Joint Planning Area Land Use Plan are not violated; amend the Orange County Water and
Sewer Policy; or amend the Joint Planning Agreement and Joint Planning Area Land Use Plan
and Map to take the subject area out of the Rural Buffer. Because of the potential for countywide
implications, amending the Water and Sewer Policy is not recommended. If the area is taken out
of the Rural Buffer,an option would be to create a new Transition category similar to Carrboro
Transition Area II. Such a category could be the same as Carrboro Transition II in that densities
could be limited to one unit per acre until such time as development in the main transition area
reached 75%; or it could be limited to one unit per acre indefinitely and thus provide a gradation
between higher urban densities to the south and lower Rural Buffer densities to the north.
19
CHAPEL HILL/CARRBORO/ORANGE COUNTY JOINT PLANNING
The Joint Planning Agreement contains 16 pages of definitions, standards, and
procedures specific to the area known as the Joint Planning Area (JPA). This area is
in the County's jurisdiction, but is administered differently than other areas (of
county jurisdiction) based on the JPA Agreement. The application of land use
ordinances in the area is governed by the jointly prepared and adopted JPA
Land Use Plan. Any amendments to the adopted land _use plan or agreement
have to be considered at a joint public hearing and approved by Chapel Hill,
Carrboro, and Oran_gg Cou°ly to be effective. The plan is generally based on
two types of areas - Transition Areas and the Rural Buffer.
Transition Areas
"Transition Areas" are future urban growth areas for Chapel Hill and Carrboro.
Administration of land use ordinances in these areas was turned over to the towns
following adoption (by Orange county and the respective towns) of municipal
zoning plans consistent with the adopted JPA Land Use Plan. The agreement
defines two levels of Transition Area (I and II) for Carrboro, the basic provisions of
which specify that 75% of Area I has to develop at urban intensities before urban
standards apply in Area II. As long as proposed development in the transition areas
is consistent with the adopted zoning, the County's only involvement is courtesy
review of projects. Proposals for rezoning in the transition areas (consistent with
the plan) require a joint public hearing with the County and relevant town and joint
approval of the new zoning.
Rural Buffer
Surrounding the urban areas is the Rural Buffer which contains approximately
38,000 acres and is defined generally by the New Hope Creek drainage basin to the
north and the University Lake watershed to the west. The Rural Buffer is projected
to remain rural:in character, not require urban services, and annexation is prohibited
in this area. The Rural Buffer (RB) zoning district requires a minimum lot size of
two acres for residential development. The University Lake watershed overlay
portion of the RB district permits the first five lots of a development to be two
acres, but requires all lots in excess of five to be a minimum of five acres in size.
The County is responsible for administration of land use ordinances in the Rural
Buffer, although the towns are granted courtesy review of proposed developments
in the joint courtesy review area and their respective joint development review
areas as depicted in Exhibit A to the agreement.
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- --
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•Past-itrFax date 7671 loam(0_1 or
From 2�
CaloeQt Co�*;Yel
r vnow R Q ,of`7�t3 i AGENDA#8d
Fu• — Fax r
nQ MEMORANDUM
TO: Mayor aid Council
FROM: W.Calvin Horton,Town Manager
Ralph Karptnm Town Attomey
SUMCT: Report of the Landfill Owners GroqAandfill Neighbors Working Group - Staff
Comments
DATE: October 111997
This report provides Manager and Attorney cotes,as requested,regarding the list of proposed
neighborhood benefits submitted to thr Council by the Landfill Owners Group.
BACKGROUND
The Landfill Owners Group and-*a Larbdfill Neighbors Working Group (a group made up of.
residents of the area vjwmft tlra Orange Regional Landfill) have been meeting since June 2
discussing comrmumty benefit options. The residents behevc that they-should be given some
considera6m for hosting the landfill since 1972...On ScpL 18 the Working Group completed a final
HA of fou ften,benefits(Attachment 1)for consideration by the governing bodies.
The Iatedocal Agreement concerning solid waste management matters that is being considered by
the towns of Chapel Hill,Caaboro' and HiilWkxough and Orange County could inicludt.a specific .
list of benefits to be provided to Landfill neighbors ar a statement of process to determine such
benefits. The present draft is silent on this isstne,awaiting decision by the governing boards:
Each of the four boards will be asked to meet together on October 22"-fur the purpose of
considering the con=mity benefits proposal to mended by the Landfill Owners GmuplAmdfill
Neighbors Working Group. It is proposed-that all boards be prepared to vote on the issues on this
date so that these matters can be settled and specific language can be incorporated in the Interlocal
At the Septemba 22, 1997 C 3ml meeting,, the Council asked the Manna and Attorney to
provide a staff response to the Report of the Landfill Owners Group landfill andfill Neighbors Working
Group`s list of benefits.
DISCUSSION
We will comment on each item as proposed by the Landfill Owners Group/Neighborhood Wong
Group.as they are numbered in that report.
2
22 r,
1. EXTENSION OF WATER AND SEWER MAINS
We believe this recommeadatioa is the most significant of the fourtem recommendations because
of its policy,legal,and financial implications.
POLICY
The Joint Planning Amt contains policies that establish a Rural Buffer, and that discoivage
extension of public water and.sewer feedities into the Rural Buffer. There ate provisions that
suggest that extension of such facilities may be appropriate to address issues of public health and
safety. We believe that these policies are an mgwtart putt of the long range Plans for Chapel Bill,
Carrboro,and Orange Could-
Part of the area that would be served with public water and sewer,if thc.reoommeudadons of the
Working Group are*demen:04 would W in the Rural Buffet Pleasa see attachment Z, a map
showing the area under consideration. We.believe that if a decision is made tQ so extend these
facilities,it should be w=npaWed.by clear hudings and statements regarding public health and
safety, so that the general policies of the Joint Planning Agreemen7 and Joint Planning Am Land:
Use Plan are not violated.
LEGAL
a. Payment out of landfill funds.
0. Water service. North Carolina law,as-established by both.General Statutes and
Appellate Court decisions, limits landfill tipping fecs-to those reasonably necessary to provide
the services. North Carolina- Court decisions. indicate that. a municipality.may charge fees
reasonably associated with operations, depreciation; and actual or anticipated capital costs of a
public enterprise. A statutory provision duly states that a County landfill fee ".map.not
exceed the cost of operating the facility."
A reasonable argrrmeat might be developed and evidence presented. support a proposal
that landfill enterprise funds be used to provide;water service to replace well water on properties
new a landfill, based on concerns.regarding acnral.or potential groundwater pollution. Thus,
paying for such'service for some arcs nest the current landfill might be considered a cost of
operating the landfill:As this proposed area is expanded,the actual or theoretical basis justifying
the eKpenditure of landfill fiords for this purpose likely grows.wad=and more subject to legal
cballengG At some point aline would need to be drawn,baud on some reasonable set of criteria.
2r Sewer serS►ice. It would be extremely diffrcat, in the opinion of the Town Attorney,
to construct a defensible legal argument to justify extending sewer lines to serve this area and
paying for that service out of landfill Rinds. However, sewer line extended for the purpose of
collecting landfill leachate for treatment in the sanitary sewer system might be'available for use
by others.
3 23
Extension of water or sewer service to this area at landfill expense may have implications
unda the Joint Planning Agreemen,depending on where service is proposed to be extended.
b. Payment from other sources.
The second part of this muendation proposes that the three governments pay the remaining
costs for the water and sewer service, in proportion to their ownership of the landfill, out of
whatever.resources they might individually choose. (we vote that other proportions also might
be argued as voted):
Considering only die Town of Chapel Hill's potential sources to pay for such service,the
reasonableness of paying for such utility lines depends in part on the Town's plans for
annexation.and the.tams of the joint planning agreement Expending Town General Tax
Revenues to extend water-and/or sewer service to an area which will eventually be annexed
would be a reasonable,and-legal decision. However, if an area were not in our long-terra firture
annexation area,it would be difficult to defend the use of Town tax revenues to extend water and
sewer lines to such an area.
Thus, upon closer examination of the exact area proposed to receive water and sewer
service, it may be necessary to consider acme modification to the Joint Planning Agreement or
Cm*oro/Chapel Hill Annexation Lira in order to use Chapel Hill Town tax revenues to extend
utility service.
If changes are needed to the Joint Planning Amt or location of the
Carrboro/Chapel Hill annexation line,appropriate steps,likely to include-public hearings,would.
be required. The procedures.required would be.ddamined based on.the specific facts and
modifications to the agzeernents that are needed.
FINANCIAY,
The Working Group ban: per- obtained pre minary► cost: estimate,, from OWASA
(Attachmem 3) relating to the area under consideration at that tine. Subsequently, the area
"proposed to be serviced bas expanded significandy beyond what the original figures covered. We
have requested-OWASA to mule these estimates;however we do not expect them until just before
the scheduled Ass=bly of Crovemmmts Meeting on October 22. We will distdbtue them upon
receipt
The financial unplications foe providing water and sewer service in this large area will be
significant; possibly in the area of $4-5 million. We think that landfill tipping fees are not a
practical option for fudding these iz- 4xOvemeats. The Town Attomey has addressed some of the
legal issues relating to.financing in the above section We are unable, at this times to provide a
comprehensive examination of options for fimdmg these improvements absent the prelinunary cost
estimates being prepared by OWASA
1UW(1 UT --41OPCl r1111
4 24
GENERAL
We wish to make the following general comments regsr+ding this recommendation:
• The mffwe tad groundwater flow direction from the odsting landfill site is to the
northwest, crossing I40 about 1000' west of the I-40/Hwy. 86 intersection. We believe any
leakage of contaminants fiam the landfill probably would move in that direction. While
unlikely,it is possible that a contaminant plume could move in at&fficr direction,thus forming
a technical and operational basis on which to justify water service.
• Such a technical or operational justification does not exist regarding provision of sewer
service to the community. Landfill activities would not affect community septic systems.
• - A number of the homes proposed to be serviced have been built and/or occupied since
1972,when the landfill was initiated,
•
The possible implications that extension of water and sewer services will have. on the
neighborhood include:
increased property tares of the improved properties
increased development in the community
— costs to the user of the lateral service pnaecting each home and OWASA's connection
fees
— monthly water and sewer bills to those who choose to make actions
2. ASSISTANCE TO LOW INCONM RESIDENTS
This recommendation proms an oppott mitt'for those low-income residents in the area in which
water and sewer services are to be extended to receive assistance in paying the costs of installing
individual service lines and paying water and sewer connection fees.
There are a_mnber of sources of merry'that might be available to paovida assistance to low,
income households desiring to connect to water and sewer service should the Town Council choose
to provide such assistance. These include Community,Development Block Chant funds and general
tax revenues;but do rat include, for reasons indicated above, landfill tipping fees. Structured as
part of a prop= to provide such.assistance,.these payments would be consistent with North
Carolina law: Using Chapel Dill tax revenue sources for such assistance would be more defensible
where the area to be served is anticipated to become part of the Towm Subject to the limitations .
imposed by Federal regulation, Community Development funds available to the Town could be
used outside the Tower's jurisdiction.
25
5
Attachments 3, 4, and 5 were provided to the Working Group and relate to potential costs, use of
federal grants and median household incomes.
3. COVERING OF WASTE ENTERING LANDFILL
The landfill cu mcatly has a policy requiring the coveting of loads entering the facility. The current
policy states that loads entering the landfill must be propedy secured. This policy is limited in its
effectiveness. Enforcement is provided by the wci and
8 inspectors through vvamiags.
The proposed policy is one which we could implement with minor modifications. We would
suggest that the penalty(fine)would be that the hauler would be required to purchase a tarp,or be
borrowed from our facility.The 1andmi would maintain as inventory of tarps in various sues and
costs,as necessary.
The policy should also apply to covering the im of frocks without tadgatie m: Because many of our
customers are oar time users,fast-first offenders would be handled the same as regular customers.
Customers without a tarp would be required to purchase oat or would not be allowed access to the
landfill.This policy would covet all incoming waste,-sad a6 cemart would begin following a 30
day grace period.
If the governing bodies aoxv.exceptions could be allowed for traaspaatation of materials such as
appliances,when it is clear that such mat«ials could not escape firm the transporting vehicle.
We also note that NC General statute Sec.20-116W provides:
g) No vehicle shall be drim or moved on any highway unless such vehicle is so eonswicted or
loaded as to prevent any of its load fiam dropping, rifling, leakitng, or otherwise escaping
thcre&om,except that sand may be droppod for the purpose of securing traction,or water of
other substaom may be sprinkled on a roadway in cleaning or maintaining such roadway.
Trucks, trailers or other vehicles when loaded with rock, gravel, stone or other similar
substances which could blow,leak,sag, or.drop shalt not be driven,or moved oar any highway
unless the height of the load against ail f w walls does not extend above a hoaaontal lime six
inches below their tops when loaded at the loading point,or if not so lot"unless the load.
shall be merely secuted by tarpaulin or some other suitable covering, Of unless it is
othetpvist constructed so-,as. to prevent any of its load from dropping, siting, Wig,
blowing,ac otherwise escaping dmefiom.
Enforce of this law could be by any law afforcement agency with jurisdiction over the area.
4. COVERING LOADS OF OUT-GOING MULCH
Certainly,the policy z;ommeaded by the working Group is workable.
6 26
We believe it also would be workable to enforce the relevanrState law(see above at 3), requiring
tarps when they would be required by State law.
5. INCREASING LITTER PICKUP FREQUENCY
The frequency of litter collection has already been increased to the level suggested in this
recommendation, effective July 1997. The annual cost of providing. this level of service is
approximately S5,500.
6. POLICY GOVERNING CONSTRUCTION AT LANDFILL
The landfill will be under construction on a.nearly contiauous basis for most of its remaining life.
The nature of the operation is that the facility is congructed: day-by-day,until design capacity is
attained.
Below we comment on specific issues raised by the Wonting Group.
a) GencraL,Policy We belim a general construction maoageummt policy cam.be drafted as
envisioned by the Waddng Group,including ways to mitigate or eliminate adverse.effects on
landfill neighbors.
b) NQtice._=m We believe it would be feasible to maim n a list of add:+ s within the
ideatified area for use is giving'notice.of dpificant.conswxtion eveab, including initiation
of major projects.
Regarding posting of signs, we believe such signs would be posted almost continuously for the
remain*life of the landfill this is desirable is debatable.
c) Blasting. A specific Policy governing blasting can be ptePated. However, we' do not
anticipate nay blasting on the eaasting landfill once the blasting scheduled for the next mouth
takes place.
d) Con=m on limits. Under ordinary circrurlstauccs, there would be no construction activity
Wang place between the horns of I i:oo PM and 6:00 AX SeMom do any activities take
place after daze_ In the event of an emergency,we would expedite the,notification procedure
referenced in Recommeodatioa#14. We.would place a condition on hour of construction
allowed by contractors within the ccmarucma contract.But note,however,that there may be
circuaastances when night work might be necessary
We would require that construction activities a&=to the applicable provisions of the;
Orange C`ouaty-noise ordinance.
7 27
7. ILLEGAL DUMPING
We believe the assistance of neighbors would be very helpful in any effort to reduce illegal
dumping. Additional or amended legislation can be sought if needed to discourage illegal dumping
or to make prosecution easier.
We believe additional"No Littering°signs can be installed in the neighbotitoods near the landfa
8. LANDFILL FENCING
We estimate that the cost of fineing the landfill could total $150,000 for a 6 feet high chain-link
fence. Such a fcwe would identify the property line and deter trespassixW
If the fence were to save the purpose.of preventing animals from coming on the site, the fencing
would have to be anchored along the base and costs would be higher;totaling about 5200,000.
Estimated costs are for fencing only and do nor include the cost of cleating as necessary for
consttuction.
9. SIGNAGE
In response to this if P meadation.we contacted the North Carolina Department of Transportation
(NCDOT). Division Traffic Engineer Vance Barium's response follows.
NCDOT does not provide for ftmalladw* of "Children Playing" signs. Additionally, since
"Children Playing" signs are not NCDOT approved they may not be placed on NCDOT tight-of-
way. W. Barham also states that he has not seen "Children Playing" signs used on primary or
secondary roads,and has only sea the signs used on subdivision streets.
Should the Landfill Ow= Group member govt decide to install the "Children Playing"
signs,they must be installed off the right-of-way on private property. Each sign can be purchased
and installed for appr rely Mo,assuming appropriate locations can be identified and property
owner approval gloated
NCDOT provides"School Bus Stop" signs when certain criteria are met: NCDOT will consider
installing"School Bus Stop" signs to area where there is less than 550 feet to 600 feet Of sight
distance from a school.bus stop.-titizens can make a request and NCDOT staff will come on site
and evaluate whether the spot mats their criteria. See criteria(Attachment 7) "7B-11 School Bus
Stop Ahead Sign(S#-1)
10. . . BUS SERVICE
Shared Ride Service. We believe that creating a Shared Ride Feeder Zone for weekday service
to the Rogers Road area would not significantly detract fiiom the present Shared Ride service.
8 28
Existing drivers and vehicles could be used to cover this area. Current Shared Ride patrons may
experience short service delays. New Shand Ride stops could be installed in two locations along
Rogers Road Transfer points to fixed route services could.be established at: the Eubanks Road
Park and Ride lot, Brookstone Apa=ents.on Airport Road, or the UNC lot on Estes Drive.
Evening and Sunday Shared Ride Service could also be extended with minimal effect on existing
services.
Cost per trip for Shared Ride services would be about $12. We have no way of estimating
service demand. Fares would be the same as in the rest of the serve area.
EZ Ridgy. If we were also to include EZ Rider service,the impact on existing service
might be more significant depending on.demand. Current resources could not absorb new
demand for EZ Rider service-without a noticeable deterioration in service to existing users.
Cost per trip for EZ-Rider services are.about $20. We have no way.of estimating service
demand Standard bus faa+es would apply.
Ei ed Route Service. . Modifying the North- South Express route to serve this area with fixed
route transit service is possible. However this would create an unusually large loop on the end of
the rouge that would make some trips less convenient for current patrons: For example,someone
traveling from downtown to Bright Sun Place would start a detour about 1/2 mile from their
destination which could add 6 miles and about 15 minutes to the completion of their trip.
A more feasible extension of service to Rogers Road might be done with the "P" route, which
currently terminates on Estes Drive near Seawell School Road.
Last June,the transit staff studied the impact Of extending the "P"mute to this area via Seawell
School Road, High.School Road, Homestead Road and Rogers Road This modification would
add seven round trip miles to. the current.route and it would also serve the High School'and
Seawell School. To maintain the existing level of service on.the P route with this extension
would require an additional 12 hours of service each weekday at an annual cost of approximately
S 13 5,000. This cost.would be reduced by half if only peak hour service were operated.
Costs of Service. Under the test sharing provisions of our Memorandum of Understanding with
Carrboro and the University of North Carolina,this would be a new service and therefore the fret
year operating cost would be borne by the sponsoring parmer(s), Chapel Frill and Csnbom.
Subsequent years'cost would be allocated among all partners according to our agreement
We note,also,that Orange County could be invited to share in these costs in view of the fact that
much of the area would be in unincorporated Orange County.
Operational Issues. During the June 1 997 review,staff also concluded:
9 29
• Based on the density of development(dwelling units per acre), fixed route transit service in
this area would likely operate below the system's productivity standard,
• Rogers Road has a posted speed limit of 45 mph. Without improvements to the road
shoulders, it may be difficult to provide safe service stops with a bus along this road. Bus
pull-offs on a level terrain could cost between 55,000 and S 1 5,000 each.
• If service is to operate in both directions along Rogers Road, a suitable location to turn a bus
around wound need to be located,possible on Eubanks Road at the Landfill or Pu /Ride Lot.
Service by Others. The Orange County Office on Aging provides the following transportation
services to the Rogers Road area on a routine basis:
• Fixed route service for eligible senior citizens on a daily basis
• Medical_trips ona dQOtiaad nspomcive basis
• Trips for dialysis patients tlmeeaimes per week
The Office of Agin t,hW bM providing tisnspartation services in Orange County { primarily
outside the Chapel Kill Transit service area) for many years. Within the last few years, this
agency has begun operating fixed mute service to the general public from the northern part of the
county to Chapel F1s�t-'Tlnsx is auo#' r option for providing transit service to the Rogers Road
area.
11. PLANNING BOUNDARY CHANGES
The Planning Boundary(or future annexation boundary)is shown on the Joint Planning Area Lard
Use Plan(Attachment 9),and is referred to in the Joint Planning Agreemem..
The present process for char= the boundary would be to change the line on the Land Use Plan.
This could be accomplished following a Joist Public Hearing(with the three elected bodies)and a
subsequent approval individually by each of the ttiree elected boards.
We believe that conducting an election,with preparation,distribution,and casting,of ballots,would
be problematic. ' Infa®al, balloting would not provide reliable results, and a f xtual bbxHng
referendum pooceu with the standard controls as normally conducted by the Board of Elections
would be expensive,cumbe--..;-and may not be a legal option. We suggest instead following the
typical process for Baia m public opinion about an issue:conduct a public hearing or forum, well
publicized,giving opportuaW for Wdivid»alsto come and express dicir opinions before our elected
boards,who-would th udw all comments into consideration before making a decision.
12. EUBANKS ROAD LANDFILL-POST CLOSURE USE
i QUA, U iiIll "• - _
10 30
Existing Landfill. We believe the process proposed for considering the use of the landfill after
closure is workable.
Gr=e 'fir, -The disposition of the Greene Tract is addressed within the proposed lnterlocal
AgreerZyeat which is before the gov=mg boards for consideration.
13. EXISTING LANDFILL EXPANSION
There arc no pleas to expand the Municipal Solid Waste(MSS or Consu=on and Demolition
(C&D)disposal area at the aastiag Eubanks Road facility. The Landfill Owners Group did not
approve a proposal cmvdered last year to expand the Construction and Demolition disposal area.
The C&D area is scheduled to reach capacity in 1998.
The Landfill OwneW Graff has for several years mam%ined a policy of purchasing des
adjacent to the adsting Isndfill that are offend for sale (friendly acquisifion). The primary
objective of acquiring wch properties to increase the buffer area around the facility. We support a
continuation of this policy..
14 NEIGHBORHOOD NOTIFICATION
We believe the proposal of the Working Group is workable-
CONCLUSION
We have provided this infarmafm for Your considcradom Plcase let us know if you require
additional information
ATTAR
1. Report of the r Mali owners'Groupll;aaM Neighbors Working Grog,Sept. IS, 1997 ,
2.' Map,Utilities Extension on by the Landfill Neighbors Working Group
3. Lem Emig OWASA E=Cufi e Director,pure 24, 1997, regarding lxelimhmr ` cost atimates
of water sewer extemions
4. Memorandum fits Long Range Planaiag Coordinator,July 2I, 1997,about using Community
Development fiords to vamd water and sewer services.
3. Chapel M FY 1997 Median Family Income
6. HUD WmhuM Augm 1987+Home ImPr'ovemcnt Loans and Greats
7. Letter fim Omp County Attorney,Oct. 1,1997,about materials blowing off or leaking from
vehicles,—
8. Pagc on school bus.stop signs
9. Map.Rogas Road Neighborhood
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�WASA 400 Jones t=erry Road
P.O. Box 366 ArrACMWEB 32
Carrboro, NC 27510
l9 t 9) 968-x-421 lure-2'�• I 947
Richard Franc:
Chair, Landfill Owners Group
306 N. Columbia Savet
Chapel Hill.NC 2"514
Dear Mr.Franck:
SUBJECT: Orange Retional Landfill
Your letter of June 4. 199 7 requested information on several issues addressed to you by the community
at a recent forum. The following information is provided for your.consideration is response to the
questions asked in your letter..
1) What would the cost be to aaexd,water and sewer to oll the homes on Bogen Road?
O WASA's.current water system.terminates at the intersection of Rosters Road.and.TallyHo.Trail. A
i?"water main would-need to be extwuied a distatice of 46W along Rogers Road to its intersection
with Eubanis.Road in order to provide water service.. The cost of this extension would be
approximately S.130,000. This,extension would only save those properties who have direct frontage
on Rotrers Road.Additional exteasions would be needed from this water-main to serve parcels in the
area that do not front on Rogers Road.
:Providing sever sctvkc to the properties.on Rogers Road would require the extension of
approximately 85W of 8"main at a cost.of approximately 5655,230: This number could increase
significantly if rock or other poor soil conditions are encountered in the area where the sewer main is..
to be installed.
'Under OWASA's current extension policies the cast of extending water and sewer mains is borne by
the benefiting party: If an extension is requested dwoughh the assessment process the total cost of the
extension would be divided among the benefiting properties-.
I have included a.mugi}sketch showing the.water:and sewer line extensions noted above..In addition
I have attached a rough breakdown of the costfor thowztcr and sewer-line extensions.
2).What would be the appravLwwe monthly cost for water and server service for these homes, .
Under our c=ent Rates and Fen-Schedule the typical water and sewer bill for a customer on a 5/8"
metered contraction,using 6,000 gallons of water per month is approximately$40.00. OWASA is
currentiv review g its rates and fees which.could result in am inor increase.in the typical monthly
chances for water and sewer service.
3) Whar would the procedure be for hooking on.to water and sewer service if the mains were extended
to this area'
In most cases the homeowner would contact OWASA to determine the appropriate connection fees
for connectint to the water and sewer system. In tsituation where the main extension cost has been
An Equal Opportunity Employer
33
pa;a for by the benefiting patty,the typical residential water connection fee for a 0.5 acre lot is
approximately S2.100. The fee for a sewer connection under the same site conditions as noted for
wait!-would be approximately St?80.
After this fee is paid the homeowner would contact a plumber of their choice to install the water and
sew-!.-service lutes. These service lines are usually small diameter pipes(3141"for water.4" for
ssa e: and art installed between the eater and sewer mains and the house plumbing.
I have included two brochures that explain some of the procedures involved with extension of water
and sewer lines and requesting a water meter. Additional copies of these brochures can be made
available if you think they would be of value to the community croup.
4) Would it be feasible to extend water and sewer service to the homes on MiUkoase ltbasd as weU?
Water service could be provided to Millhouse Road in either of two options. OWASA currently has a
16"w•arer main terminating at the intersection of NC 86(Airport Road)and Eubanks Road...
Extending service to Millhouse Road from this rnain would require approximately 3700'of 16"main
at a cost of r_3 1,15*0.Another 5700'of 8"main would be required to extend service alone Millhouse
Road to New Jericho Road. The cost of this 8"water extension would be approximately 5189,375.
The other option for water service would be to continue the water main extension from Rogers Road
alone Eubanks Road to its intersection'with Milliouse Road. This would require approximately 4800'
of 16"water main at a cost of$3 11,250. From this point the 8"extension along Millhouse Road to
New Jericho Road would remain the same as noted above.
Because of the numerous drainage areas in the M01house Road area,,provision of sewer service would
be quite involved and require the installation of a pump station,.force train and several
gravity
collector sewer main. The cost-of these improvements could approach S1,700,000.
As indicated in item 1 above,a rough sketch of the water and sewer layouts for service to the
Millhouse Road area has been attached.
I hope this information will assist you in responding to some of the questions asked of the Landfill .
Owners Group at the community foruta on June 2, 1997. Please keep in mind that the distances and cost
noted have been preparedwitb no site investigation or engineerina desist. Detailed review of the area
could result in a different arrangement of the watedsewer mains or a higher facility construction cost..
Should you need additional information-or have question about any of the items detailed above,please
contact John Greene or me at 963-4431. .
With best regards. :
Ed Kerwin
Executive Director
Attachments
c: OWASA Board of Directors
Mayor Michael Nelson
Mayor Rosemary Waldorf.+
Chairman William Crowther
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35
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
36
Eighth draf4 dated October 7, 1997
Marked to show changes from the draft of June 27
INTERLOCAL AGREEMENT
CONCERNING SOLID WASTE
MANAGEMENT MATTERS
Dated as of day Novemk er 1, 1997
Among
ORANGE COUNTY, NORTH CAROLINA
TOWN OF CARRBORO,NORTH CAROLINA
TOWN OF CHAPEL HILL, NORTH CAROLINA
TOWN OF HILLSBOROUGH, NORTH CAROLINA
37
INTERLOCAL AGREEMENT
CONCERNING SOLID WASTE
MANAGEMENT MATTERS
This Interlocal Agreement Concerning Solid Waste Management Matters is dated as of
3gy November 1, 1997, and is by and among ORANGE COUNTY, NORTH CAROLINA,
the TOWN OF CARRBORO, NORTH CAROLINA, the TOWN OF CHAPEL HILL,
NORTH CAROLINA,and the TOWN OF HILLSBOROUGH,NORTH CAROLINA.
WHEREAS, the parties have worked together over a period of years to develop an
effective, comprehensive approach to the solid waste management issues
confronting them_ and have reached this Agreement to
address those issues;
THEREFORE, the parties agree as follows:
ARTICLE I
Purpose of Agreement: Conditions to Effectiveness
1.01. Purpos The purpose of this Agreement is to set forth the Parties' agreement
to transfer operational control to the County of the solid waste management system serving
residents a the County and the Towns, and to establish the terms for the management of such
solid waste management system under which the Towns will participate in formulating solid
waste management policy for their own r-esidefAs jurisdiction and for Orange County as a
whole.
1.02. —Conditions. Notwithstanding any other provision of this Agreement,
(a) no provision of this Agreement, other than the requirement to bargain as described
in Section 1.03, shall become effective until the Parties have adepted selected the initial NM
Solid Waste Management ;
38
(eW the asset and liability transfer contemplated by Article H, and the transfer of operational
control contemplated by Article V, shall not take place until Carrboro, Chapel Hill and the
County have executed and delivered the Transfer Agreement, as contemplated by Sections 2.01
and 2-.96-2.07.
33L Lselection of the New Solid Waste
Management Sit , .
Mdth and the approval by the Governing Boards of Carrboro.
Chapel Bill and the County of a substantially final form of the Transfer Ag eem n are
referred to in this Agreement as the"Open Matters."
1.03. 12i1igCnt Good_ Faith Bargaining: The Parties shall bargain together in good
faith and with all due diligence, and shall use their respective best efforts, to reach final
egeeemeaten resolution of the Open Matters.
1.04. Deadline,for Negotiations. This Agreement shall automatically terminate on
December 1, 1997, unless each ParUls Governing Board has adopted an appropriate resolution
referencing this Agreement and stating that the Open Matters have been resolved to such Party's
satisfaction.
ARTICLE H
County's Acquisition of Existing Solid Waste System
2.01. ounty's Acquisition:Consideration. In consideration for the transfer of
assets described in Section 2.02, and in consideration for the other undertakings of the Towns in
this Agreement (including the undertakings set forth in Section Z.44) ZAU but without
additional monetary compensation, the County agrees to assume the liabilities described in
Section 2-0410 and to undertake the other obligations imposed on it by this Agreement The
Transfer will be consummated pursuant to a separate transfer agreement (the "Transfer
Agreement"j`to be negotiated-among the County, Carrboro and Chapel Hill, which agreement
shall be subject to approval in its substantially final form by the respective Governing Boards
of those three Parties.
2.02. Existing System Assets. (a) Under the Transfer Agreement,
Carrboro and Chapel Hill shall transfer all of their respective right, title and interest in and to all
of the Existing System Assets to the County.
(b) The Parties agree that
they do not
39
intend, by the Transfer, to revive any easement across the Greene Tract for the benefit of the
property known as the"Neville Tract."
2.03. Greene Tract (a) The Parties agree that neither the Transfer no
any other provision of this Agreement shall or does effect any change in the status of the
Qwnership of the Greene Tract
(h) Carrboro, Chapel Hill and the County. as the current owners of the Greene
Tract agree to bargain together in good faith and with all due diligenm and to use their
respective best efforts. to determine an ultimate use or disposition of the Greene Tract
before January 1.2003. During this period.no Party shall take any action to force any sale
or division of the Greene Tract nor shall any PaM take any action to sell. mortgage or
otherwise transfer all or any part of its ownership interest in the Greene Tract
(c If the owners of the Greene Tract have not reached an agreement as to the
ultimate use or disposition of the Greene Tract by January 1, 2000. then the County. for
itself and as agent for the other owners. shall forthwith proceed to offer and sell all the
Greene Tract in fee simple for cash to the higbest bidder therefore, in such manner as the
County may determine in its reasonable discretion.
(d) The County shall promlitly apply the proceeds of any sale made pure^ uant to
subsection (c)above in the fo to ing m� saner:
(i) First to pay the expenses of the sale:
(ii) Second. to ^y to the Solid Waste System enterprise fund then
maintained by the County pursuant to Section 5.04, the sum of,(g) 5608.823, being
Qriginal purchase price of the Greene Tract plus (h) uncomTounded interest on such
amount at the annual rate of 6% from March 30 1984 to the closing date of any sale: and
(iii)_ Any remainder shall be distributed in the following pro ortionse
(A) To Carrboro. 14%.:
(B) jo Chapel Hill_43%: and
(i) To the County.43%.
2.04. '-Liabilities. (ay Under the Transfer Agreement, the County shall assume all
liabilities, including environmental liabilities, related to the ownership of the Solid Waste
System, including, to the extent permitted by law, all liabilities related to the ownership of
Existing System Assets which may have accrued prior to the Closing.
(b) Under the Transfer Agreement, the Parties shall retain their individual liability, if
any, under environmental laws and otherwise, related to their respective use of the Solid Waste
40
System both before and after the Closing (as, for example, any liability arising from their
delivering,or causing to be delivered, Solid Waste to System Management Facilities).
(c) The Parties acknowledge that the County's assumption of certain liabilities
pursuant to the Transfer Agreement, as described in subsection (a) above, will not limit, and is
not intended to limit, the ability of any governmental authority to impose, or to seek to impose,
environmental or other liability directly on a Party(as, for example, any liability accruing to the
current owners of the Existing System Assets as a result of their status as owners prior to the
Closing).
(d) The County shall not assume any indebtedness of Carrboro or Chapel Hill.
Furthermore, by this Agreement and the County's agreement to acquire assets and assume
liabilities as provided in Section 2.01, the County does not assume any indebtedness of Carrboro
or Chapel Hill.
4.04 2M. Deily=of Sold Waste and Recvclables. As additional
consideration for the Parties' respective and mutual undertakings under this Agreement and the
Transfer Agreement, the County and the Towns all agree to deliver, or cause to be delivered, to
System Management Facilities for disposal or processing, respectively, all Solid Waste and
County Recyclables under their.respective control, including (without limitation) all Solid Waste
and County Recyclables collected by any Party's employees, solid waste collection contractors,
solid waste collection licensees or solid waste collection franchisees; provided, however, that
there shall be no such obligation to deliver Other Recyclables to System Management Facilities.
(b) All Solid Waste and County Recyclables delivered to System Management
Facilities or to County employees, solid waste collection contractors. solid waste collection
licensees or solid waste collection franchisees_ shall be the pro eM of the County upolL
such delivery. After Reevclables have been placed in a designated container at a
convenience center.the ReSyclables are the County'spropg1U.
2.06 3M. Treatment of Solid Waste System Employees, (a) All of the
System Employees will be transferred to the County and become County employees subject to
the supervision of the County Manager in the same fashion as other County employees.
(b) The Parties acknowledge that it is an important objective of this Agreement that
the current total; compensation package for System Employees be maintained at a substantially
equivalent level through.the Transfer, although the combination of salary and benefits for any
employee may change. The Parties recognize that all components of compensation to System
Employees after the Transfer will be subject to changes in salaries and benefits in the same
fashion as other County employees. The County and Chapel Hill shall develop a detailed
schedule comparing the total pre-Transfer and post-Transfer compensation for each System
Employee in connection with the Transfer Agreement. Chapel Hill shall send a copy of Nee
mch schedule to Carrboro when the schedule is complete.
41
Closing Procedure. (a) The Transfer Agreement shall provide for
the appropriate parties to execute and deliver at the Closing the documents and instruments listed
on Exhibit C to carry out the Transfer, all of which documents and instruments shall be in form
and substance reasonably acceptable to the County,Carrboro and Chapel Hill.
(b) The Transfer Agreement shall transfer all Existing System Assets on an as-is,
where-is basis,without warranty of title, condition or any other kind;provided, however, (i) that
real property shall be transferred pursuant to general warranty deed as described in paragraph(a)
of Exhibit C, (ii) that vehicles subject to State motor vehicle titling requirements shall be
transferred by endorsement and delivery of title certificates as.described in paragraph (b) of
Exhibit C, and (iii) that Chapel Hill shall provide such evidence of title to all other transferring
equipment as it may have reasonably available in its business records.
(c) In the Transfer Agreement, the County, Carrboro and Chapel Hill shall make
appropriate representations and warranties with respect to (i) their respective authority to enter
into the Transfer Agreement and consummate the Transfer and (ii) the absence of conflicts with
agreements and applicable laws.
ARTICLE III
Selection of New Solid Waste Management Site and Related Matters
3.01. Selection of New Solid Waste Management Site. W The Parties shall work
together to select a New Solid Waste Management Site within Orange County.
(bl For the purposes of this Agreement "selecting a New Solid Waste
Management Site" means (i) completion of all public meetings or hearings required by law
or regulation prior to the fling of an application for a State permit to constrnct a solid
waste landfill and(ii)the ado tp_on by eaii Governing Board of a resolution designating, h
same real prop�IU m the real propelU as to which such permit should be sough,
3.02. Benefts to Commnnities. (a) Existiin�Land�ll Sue o come.]
_ W New Solid Waste Management Site—The Parties shall
cooper prr_ovide reasonable public benefits to
the community of ee-sad residents e€md property abwin owners in the neighborhood
Qj the New Solid Waste Management Site, in recognition of the effects that operation of a
landfill or other solid waste management or disposal si may be perceived to have on the
such community.
This process shall include facilitated discussions among_persons belonging to such
community. members of the Advisory Commission selected by the Advisory Commission
and at least one member of each Governing_Board (as each Governing Board shall
42
designate for itself)whO is not a member of the Advisory Commission. This working grQU
shall determine a proposed list of comma iiy benefits to be provided.
Each Party shall then provide for its Governing Board to discuss the proposed Ii -
and shall provide for such legs] and other staff analylb of the proposed list as it may deem
appropriate. After each Governing Board has held its own discussions of the roposed list
to its own satisfaction. the Parties shall provide for selected members of each Governing
Board (as each Governing Board shall designate for itself) to meet as a working gro 1p o
discuss the respective views of the Governing Boards. Through this working group and
continued discussion by the Governing Boards. the Parties shall work together, diligeentl
and in ggod faith- to rash an agreement as to community benefits to be provided The
process of determining coMmuniV benefits shall continue to include participation b�+
persons belonging to the relevant community.
Final determinations of the.public benefits to be provided. the sources for their
payment and the mechanisms for providing the benefits shall be made only by agreement
of all the Parties.
(c? In General— The public benefits contemplated by this Section 3.02 are to be
considered as separate and distinct from any compensation determined to be owed for any
"taking" of an interest in property, as determined under applicable State or federal law. The
. To the extent
permitted by law,by this AgFeem and by generally accepted accounting principles,and to the
extent determined by the Parties and notwithstanding any other provision of this Agreement.
the costs of providing Feasenabie public benefits as described in this subsee6ert Section may be
treated as an expense of the Solid Waste System and may be paid from System Revenues.
Site Fe GeMG4
ARTICLE IV
Development of Solid Waste Management Ala$Policy
4,01 Agreement Te M�evelepj Pur-pes& The Pardes shag work together to develop
and adopt abee 9-al-ld Woo* Management Plan to pr-eAde m eemprebessive fi-affieffeFk for
PaAFdin need d 01 Previous Cooperation in Policy D_ evelopment. All the Parties have
joined in a solid waste management • FISH
designed to comply Zvi h certa'a State regulatory_requirements. This plan ates a
solid waste Flan framework (attached as Exhibit E) which reflects agreements in�rincjple
reached by representatives of the Parties.
4,01 Prevbiensv (a) The Solid Waste Management Plan shag: elude d..f..:tiVe
agreements among the D Fde Oa c..lid avaste management issues,Welud: g th
fellevAngi
43
Waste" feF the puFposes of this Agreement) and-whweh- mumemwhs m.4-1-1 be PFOeessed by the
"Geenty n
puFpeses of this AVeewent)§
001,The SeNd Westa Me
.-—.---magemeas 1011—an sabb—all noise set feF& Obee b—ase- ISM! of seFv4ee that the
Gounty intends to pFev4de through 4.02. Future Policy Development (a) Upon
the resolution of the Ooen^, Matters.the County.,as the operator of the Solid Waste System,
shall have the ongoing authority and responsibility in its discretion
(i) to administer and operate the Solid Waste System in accordance with the Solid Waste
Management Policies and(jj)to determine and modify from time to time the
Pfe-Ade levels ef sw%466&be-ve the bass level ef ided;bewever-,that the P&f6es sm!
(e) Solid Waste Management
• vAthin the
fiamewef:k 8 Pool i
(b) The County agrees• however to consult with the other Parties and the
Advisory Commission frequently and consistently to determine on an on-going basic their
respective views on the Solid Waste Management Plan,
• 8aBgNiaEMm Plea-6hQ-n88Fye t8 the Ponies ary-isga:e eve
pr-eeedww fef the eellee6ea ef gelid Waswe -and Felffiwd- manes, pfeyAded that sueb 95-stem
Policies and Osihle changes thereto,
(c) Notwithstanding the hnrovisions-of subsection-(a) above. the County shall not
put into effect any"Material Financial Change_" as defined in subsection (d) below unless
the Counly shall first obtain the consent of all Parties.
(d) A "Material Financial Change" means a change, or series of related changcL
made by the County to the Solid Waste Management
44
Fs:policies that in the determination of any Town ,provided that the Advisory
Commission must verify such determination if so requested by the County),would have the
effect of increasing by more than 15% the direct monetary cost to such Town of all its solid
waste management activities (such as solid waste collection). when comparing (i) the
elpe;ted cost of such activities for the first full Fiscal Year following the effective date of
the Material Financial Chang to p') the total cost for the Fiscal Year most recently
completed per IQ the effective date of the Material Financial Change.
(g) It shall be each Town's obligation to determine whether any chgnng_e or
proposed change to the Solid Waste Management Policies is a Material Financial Change
with respect to such Town within ten Business Dan of receiving actual or constructive
notice of the change or proposed change, and to notify the Comity within five additional
Business Days if the Town determines that such change or proposed change is a Material
Einanci l Change.
(f) The provisions of this Section 4.02 are independent of the provisions
regarding rates_fees and charges set forth in Article V.
ARTICLE V
County's's Operation of the Solid Waste System
5.01
Paniactont •th tho a ud X r M •Plan.*46bia the s me.�. rk of the Solid
cs�rsus=eiaeisczi�ias-.�ic�m-ca�-rr��� •��
Wardo Man
admitilsOa&e ma#ers related to the Solid Waste System in sue a :..
642. Solid Waste System Operation. (a) The County shall establish and
enforce reasonable rules and regulations governing the operation and use of the Solid Waste
System, operate the Solid Waste System in an efficient and economical manner, and maintain the
properties constituting the Solid Waste System in good repair and in sound operating condition
for so long as the same are necessary for the operation of the Solid Waste System.
(b) As part of its mspemibili responsibility to operate the Solid Waste System,
the County shall provide System Management Facilities suitable for the disposition of Solid
Waste bythe County, the Towns`and the perso� ns and
organizations within their jurisdictions• The County shall have the right to refuse to accept for
disposal at System Management Facilities any material or substance which the County
reasonably determines is barred from such disposal by the Solid Waste Management lm
Policies or any applicable law or regulation.
45
(c) The existing landfill. as well as any successor thereto. shall be designated to
accept solid waste generated exclusively by residents, businesses and other institutions
located in Orange County and that portion of Chapel Hill located within Durham County.
North Carolina.
(d) The Parties in &H events retain the right to determine their own systems and
procedures for the collection of Solid Waste and related matters; provided that such
systems and procedures are reasonably designed to be consistent And compatible with the
provisions A the Solid Waste Management Policies concerning Solid Waste disposal and
processing A County&Mlables.
583. Compliance with Law. The County shall comply with, or cause
there to be compliance with, all applicable laws, orders, rules, regulations and requirements of
any governmental authority relating to the construction, use and operation of the Solid Waste
System. Nothing in this Agreement, however, shall prevent the County from contesting in good
faith the applicability or validity of any such law or other requirement, so long as the County's
failure to comply with the same during the period of such contest will not materially impair the
operation or revenue-producing capability of the Solid Waste System.
5.84 SM. Rud".; The County shall annually adopt a separate budget for the
Solid Waste System in accordance with the County's usual budgetary process.
5M SA4. Records.Accounts and Audits: Other Reps (a) The County
shall segregate for accounting purposes all the accounts, moneys and investments of the Solid
Waste System.
(b) The County shall keep accurate records and accounts of all items of costs and of
all expenditures relating to the Solid Waste System, and of the System Revenues collected and
the application of System Revenues. Such records and accounts shall be open to any Party's
inspection at any reasonable time upon reasonable notice. The County shall provide for the
assets, liabilities and results of operations of the Solid Waste System to be presented in the
County's annual audit as a separate enterprise fund, in accordance with generally accepting
accounting principles.
(c) The County shall make, or cause to be made, any additional reports or audits
relating to the Solid Waste System as may be required by law. The County, as often as may
reasonably be requested,shall furnish such other information as the County may have reasonably
available concerning the Solid Waste System or its operation as the Advis,ory Commission or
any Party-nays-reasonably request.
5,85 . Rates.Fees and Charges. (a) The County shall establish and
maintain a system of rates, fees and charges for the use o& and for the services provided by, the
Solid Waste System which is reasonably designed to pay in full all the costs (and only the costs)
of carrying out the County's responsibilities under this Agreement and the Solid Waste
Management Xen;Policies, including,without limitation.(i) costs of disposing of Solid Waste,
46
(ii) , costs of
collecting,processing and dispesal disposin of Recyclables, (iii) to the extent permitted by law,
costs of providing public benefits determined to be provided pursuant to Section 3.02, and (iv)
costs of solid waste reduction activities.
(b) Subject to the limitations of Sections &M 5.07; nd 5.08 and 5.99 the County
may revise any rates, fees and charges at any time and as often as it shall deem appropriate, and
shall not be limited in the number of times in any Fiscal Year that it changes any rate, fee or
charge.
54;5Afi. Mixed So id Waste TiRpiing Fee. (a) The County may increase the
Mixed Solid Waste Tipping Fee from time to time in its discretion with at least 30 days'notice of
the increase to all other Parties. The County may not, however, increase the Mixed Solid Waste
Tipping Fee during or at the beginning of any Fiscal Year to a fee that exceeds the Mixed Solid
Waste Tipping Fee in effect at the end of the preceding Fiscal Year by more than 10%, without
the prior consent of all the other Parties. Further, the Parties intend and agree that the County
shall endeavor to adjust the Mixed Solid Waste Tipping Fee only annually, with changes
becoming effective only at the beginning of a Fiscal Year.
(b) The County may decrease the Mixed Solid Waste Tipping Fee from time to time
in its discretion,without prior notice to or action by any other Party. The County shall promptly
notify the other Parties of any decrease in the Mixed Solid Waste Tipping Fee.
&N&U Other Governmental Fees. (a) For the purposes of this Agreement,
a "Governmental Fee" shall mean any fee relaxed to activities of the Solid Waste System that is
imposed directly and solely on the Parties themselves, other than the Mixed Solid Waste Tipping
Fee.
(b) If the County determines that it is or may be advisable to create and impose any
Governmental Fee, then the County shall give at least 30 days' notice of the proposed
Governmental Fee to the other Parties. A Governmental Fee may then be imposed only if the
creation and imposition of such Governmental Fee is subsequently approved by the County and
at least two other Parties (except that approval by any two Parties shall be required at any time
there are less than four Parties to this Agreement). A new Governmental Fee shall take effect at
the end of the notice period or,_ if later, the date of the last Governing Body approval necessary
for it to take effect
(c) The County may increase any individual Governmental Fee from time to time in
its discretion with at-least 30 days' notice of the increase to all other Parties. The County may
not,however, increase any individual Governmental Fee during or at the beginning of any Fiscal
Year to a fee that exceeds the fee in effect at the end of the preceding Fiscal Year by more than
10%, without the prior consent of all the other Parties. The Parties intend and agree that the
County shall endeavor to adjust any and all Governmental Fees only annually, with changes
becoming effective only at the beginning of a Fiscal Year.
47
(d) The County may decrease any Governmental Fee from time to time in its
discretion,without prior notice to or action by any other Party. The County shall promptly notify
the other Parties of any decrease in any Governmental Fee:
Other Fees, If the County determines that it is or may be advisable to
create,increase or decrease any other rate, fee or charge,including any charges by the County for
the sale of goods (for example, mulch) or services, then the County shall give at least 30 days'
notice of the proposed change to the other Parties, and the County shall request that the Advisory
Commission consider the proposed change. If the Advisory Commission recommends that the
change be approved, then the change may take effect if it is subsequently approved by the
County. If the Advisory Commission recommends that the change not be approved, then the
change may take effect only if the change is subsequently approved by the County and at least
two other Parties (except that approval by any two Parties shall be required at any time there are
less than four Parties to this Agreement). A change shall take effect at the end of the notice
period or,if later,the date of the last Governing Body approval necessary for it to take effect.
5"5Q. Time Limitation on Fee Change Approvals. Any approvals given
by a Party to the imposition or increase of any fee, pursuant to the approval requirements in
Sections 5,ft 5.07;and 5.08 and 6.09,shall be of no further effect after 90 days from the date of
the action granting approval (or after such shorter or longer period as may be made part of the
action granting approval),if the imposition or increase so approved has not by such time received
all approvals required for its effectiveness.
5" Use of System Revenues and County General Funds. (a) The
County shall use System Revenues solely to carry out the Solid Waste Management P4&a
Policies and solely for the benefit of the Solid Waste System, including (i) to pay costs of
disposing of Solid Waste, (ii)
Management to pay costs of collecting end,processing and disnosii o_f Recyclables, (iii)
to the extent permitted by law, to pay costs of providing public benefits determined to be
provided pursuant to Section 3.02, and (iv) to pay costs of solid waste reduction activities. The
County shall not use System Revenues to pay costs of collecting Solid Waste in unincorporated
areas of the County.
(b) The County shall in no event be required to use assets or funds other than those of
the Solid Waste System to fulfill its obligations under this Agreement, including its obligations
under Section 2.93( 2,04(2)but excluding its obligations under Section 1.84 2M.
544 LU. Risk Managemat The County covenants that it will maintain a
practical-program 'of insurance and risk management, with reasonable terms, conditions,
provisions and costs,which the County determines(a)will afford the County adequate protection
against loss caused by damage to or destruction of the Solid Waste System or any part thereof
and (b) will provide reasonable liability protection for bodily injury and property damage
resulting from the construction or operation of the Solid Waste System.
48
Any such insurance policies contracted by the County to provide for the risk coverages
required by this Section shall be carried with one or more responsible insurance companies
authorized and qualified to assume the risks thereof. The County shall have the right to provide
for the risk coverages required by this Section, in whole or in part,by means of a reasonable and
prudent program of self-insurance, pooled risk coverages or other alternative means of risk
management,
All insurance polices and other risk coverages provided for in this Section shall be for the
County's benefit, and the County shall have the exclusive right to receive any amounts
recoverable under such coverages. The County shall apply any amounts recovered under such
coverages (net of any expenses of collection) in its discretion for the benefit of the Solid Waste
System.
&43 Solid Waeti Reporting; Similar Matters. The County and the Towns
shall cooperate in preparing and submitting any reports that a Party may be required to file with
governmental authorities, such as the State's Division of Waste Management. The County shall
also be generally responsible for solid waste reporting, planning, regulatory compliance and
similar matters.
944 In. Reservation of County's Rights, Notwithstanding any provision of the
Solid Waste Management im Polite or this Agreement to the contrary,the County shall in all
events be entitled to operate the Solid Waste System and all its facilities, and may adjust any and
all rates, fees and charges, as it may in its reasonable discretion deem reasonably necessary(a)to
comply with any requirements of any applicable law or regulation or any court order,
administrative decree or similar order of any judicial or regulatory authority, (b) to comply with
the requirements of any contracts, instruments or other agreements at any time securing
Outstanding System Debt, (c) to pay unfinanceable costs related to the acquisition of the New
Solid Waste Management Site, or (d) to pay costs of remediating any adverse environnehtal
conditions at any time existing with respect to the Solid Waste System.
ARTICLE VI
Solid Waste Management Advisory Commission
6.01;, Establishment There is hereby established the "Orange County Solid
Waste Management Adviso13 Commission."
6.02. Advisory Commission's Responsibilities The Advisor► Commission shall
advise the County's Governing Board on matters related to the Solid Waste System and the Solid
Waste Management PUi. Policies. The Advisory Commission's responsibilities include the
following:
49
(a) To recommend programs, policies, expansions and reductions of services, and
other matters related to the operation of the Solid Waste System;
(b) To suggest amendments to the Solid Waste Management Aaa policies;
(c) To provide advice to the County Manager for use in the County Manager's
developing the proposed annual budget for the Solid Waste System, to review the budget for the
Solid Waste System as proposed by the County Manager to the County's Governing Board, and
to provide recommendations to the County's Governing Board for the approval or amendment of
the proposed budget;
(d) To receive and interpret for the Connty public input concerning the Solid Waste
System and the Solid Waste Management lies Policies;
(e) To further such mission and goals for the Solid Waste System as the Governing
Boards may together adopt from time to time (a copy of the current version of the mission
statement and goals appears as Exhibit D);
(f) To advise the County Manager on the hiring of any subsequent department head
for the Solid Waste System;
(g) To provide promptly to the County's Governing Body a recommendation
concerning any proposal for a change to rates, fees and charges forwarded to the Advisory
Commission pursuant to Section 4-.0&N; and
(h) Such other matters as the Adyiso Commission may deem appropriate or which
may be requested by any Governing Board or the County Manager.
6.03. Appointment of Members; Terms. (a) Each Governing Board shall appoint
two members to the Addy Commission. All appointments shall be made within 45 days of
the Parties' reaching final agreement on the Open Matters, and each Party shall notify all the
other Parties of its appointments within 10 days of making such appointments.
(b) Advisory Commission members shall serve staggered three-year terms. To
provide for the staggered terms of the members, the initial appointments by the Parties shall be
for the following terms:
County: Member A. 3 years
Member B. 2 years
Carrboro: Member A. 2 years
Member B. 3 years
Chapel Hill: Member A. 3 years
Member B. 1 year
50
Hillsborough: Member A. 1 year
Member B. 2 years
(c) The first year of the term of each initial member of the Ad-Asory Commission
shall be deemed to expire on December 31, 1998. Thereafter, each year of the term of an
Advisoly Commission member shall run from January 1 through the subsequent December 31,
but each member shall continue to serve until such member's successor has been duly appointed
and qualified for office.
(d) Each Party may establish its own rules and procedures for selecting and
appointing Adv6or t Commission members, except that no staff member of a Party may be
appointed as a Advisory Commission member. This Agreement in no way requires that any
member be an elected official of the appointing Party. Any elected official of a Party appointed
to the Adylso Commission shall be deemed to be serving on the Adviso Commission as a
part of the individual's duties of office, and shall not be considered to be serving in a separate
office. Any elected official of a Party appointed to the Add Commission shall cease to be a
member of the Ad.LylsoIX Commission upon such individual's cessation of service as an elected
official of such Party, whether or not such member's successor shall be been appointed-and
qualified for offie Each member of the Advisory Commission anclu,ding elected officials)
serves at the pleasure of the appointing Party, and may be removed at any time by the appointing
Party,with or without cause.
(e) Any vacancy on the Advisory Commission shall be filled by the Governing
Board that appointed the person who vacated the Adviso Commission seat. In the case of a
vacancy created during the tern of a member, the appointment to fill the vacancy shall be made
for the remaining portion of the term in order to preserve the staggered-term pattern.
6.04. wry Gom fission's Procedures. The AdAssry Commission may adopt its
own rules of procedure not inconsistent with the provisions of this Agreement, but the Advisory
Commission's procedures shall include the following provisions:
(a) Each member of the Ad.LNisor 'Commission shall have one vote, except that in the
event of the absence of a member, the other member appointed by the same Party as the absent
member shall be entitled to cast two votes.
(b) A number of affirmative votes equal to a majority of the authorized number of
AdvjLQry-Commission members shall be necessary to take any action.
(c) The Advisory Commission's presiding officer shall vote as a member of the
Advisoa Commission,but shall have no additional or tie-breaking vote.
(d) Representatives of a Party that has given notice of withdrawal as provided in
Section 7.02 shall have no vote on any matters that will affect the Solid Waste System beyond
51
the effective date of such Party's withdrawal, and to an3 ich matters such members shall
not be deemed to be within the authorized number of Advisoa Commission members for the
purposes of subsection(b) above.
ARTICLE VII
Term of Agreement: Withdrawal
7.01. Term- This Agreement (a) shall take effect immediately upon its execution and
delivery by all the Parties, and(b)shall continue in effect so long as there are at least two Parties
to the Agreement,in each case subject to the provisions of Section 1.02.
7.02. Withdrawal of a Party. (a) Any Party may withdraw from this
Agreement(and thereby cease to be a Party to this Agreement)upon notice given to all the other
Parties and subject to the other provisions of this Section.
(b) A withdrawal may be effective only upon the beginning of a Fiscal Year. A Town
may withdraw only with at least one year's notice. The County may withdraw only with at least
two years'notice.
(c) No withdrawal shall relieve a Party of its obligations under Section 2-04?M so
long as there is System Debt Outstanding; provided, however, that System Debt first issued or
contracted after the date a Party gives notice of withdrawal shall be disregarded for the purposes
of this subsection.
(d) No withdrawal shall relieve any Party of its individual liability, if any, under
environmental laws or otherwise, related to its respective use or ownership of the Solid Waste
System which may accrue or which has accrued prior to the effective date of such Party's
withdrawal.
ARTICLE VIII
Parties' Representations and Warranties
The Parties hereby represent and warrant, one to each other, but each only as to itself, as
follows:
(a) Valid Existence; Due Authorization. The Party is a public body validly
organized and existing under State law, has full power to enter into this Agreement and has duly
authorized,executed and delivered this Agreement.
(b) Valid Obligation, This Agreement, when executed and delivered by the Party
and assuming its due authorization, execution and delivery by each other Party, will be the legal,
52
valid and binding obligation of the Party, enforceable in accordance with its terms, except to the
extent the same may be limited by the application of insolvency and similar general laws and by
the application-of equitable principles.
(c) No Breach of Law or Contract Neither the execution and delivery of this
Agreement nor the consummation of the transactions contemplated hereby,nor the fulfillment of
or compliance with the terms and conditions of this Agreement, (i) to the best of the Party's
knowledge, constitutes a violation of any provision of law, rule or regulation governing the
Party, or (ii) results in a breach of the terms, conditions or provisions of any contract, lease or
other agreement or any order, decree or judgment to which the Party is a party or by which the
Party is bound.
(d) No Lidgation. There is no litigation or any governmental administrative
proceeding to which the Party (or any official thereof in an official capacity) is a party that is
pending or, to the best of the Party's knowledge after reasonable investigation, threatened with
respect to (i) the Party's organization or existence, (ii) its authority to execute and deliver this
Agreement or to comply with the terms of this Agreement, (iii) the validity or enforceability of
this Agreement or the transactions contemplated hereby, (iv) the title of the Party officers who
executed this Agreement, (v) any proceedings relating to the Party's authorization, execution,
delivery or performance of this Agreement, or (vi) the undertaking of the transactions
contemplated by this Agreement. To the best of the Party's knowledge, there is no reasonable
basis existing for any such litigation.
(e) No Misrepasatadan. No representation, covenant or warranty by the Party in
this Agreement is false or misleading in any material respect.
ARTICLE IX
Miscellaneous
9.01. This Agreement may not be modified or amended unless such
amendment is approved by all Parties,is in writing and is signed on behalf of all the Parties.
9.02. Definitions! Rules of Construction. All capitalized terms used in this
Agreement and not otherwise defined shall have the meanings ascribed thereto in Exhibit A.
This Agreement and its terms shall be construed using the rules of construction set forth in
Exhibit B.
9.03. Notices.
(a) Any notice or other communication required or permitted by this
Agreement must be in writing.
53
(b) Any notice or other communication shall be deemed given (i) on the date
delivered by hand or(ii) on the date it is received by mail, as evidenced by the date shown on a
United States mail registered mail receipt,in any case addressed as follows:
(A) If to the County, as follows:
Orange County
Attn: County Manager
200 South Cameron St.
Hillsborough,NC 27278
(8)•- - If to Carrboro, as follows:
Town of Carrboro
Attn: Town Manager
301 West Main St
Carrboro,NC 27510
(C)- If to Chapel Hill,as follows:
Town of Chapel Hill
Attn: Town Manager
306 North Columbia St
Chapel Hill,NC 27516
(D) If to Hillsborough, as follows:
Town of Hillsborough
Attn: Town Manager
137 North Churton St
Hillsborough,NC 27278
When this Agreement requires that notice be given to more than one Party, the effective date of
the notice shall be the last date on which notice is deemed given to any required Party.
(c) Any Party ';:designate a different address for communications by notice given
under this Section to each other Party.
(dfi A Party may alsd designate, by notice to each other Party under this Section,
additional addresses to which copies of required notices shall be given. Each Party shall make a
good faith effort to send required notices to such additional addressees, but no failure to deliver
any such additional notices shall affect the validity of notices properly given to the address
designated in subsection(a)or its successor address.
54
(e) Whenever in this Agreement the giving of notice is required, the giving of such
notice may be waived in writing by the Party entitled to receive such notice, and in any such case
the giving or receipt of such notice shall not be a condition precedent to the validity of any action
taken in reliance upon such waiver.
9.04. Further Instruments. Upon any Party's request, the Parties shall execute,
acknowledge and deliver such further instruments as may be reasonably desired by any Party to
carry out more effectively the purposes and intents of this Agreement.
9.05. i imitation of Rights. Nothing expressed or implied in this Agreement
shall give any person other than the Parties any rights to enforce any provision of this
Agreement. There are no intended third-party beneficiaries of this Agreement.
9.06. Non-Business Days. When any action is provided in this Agreement to be done
on a designated day or within a designated time period, and the designated day or the last day of
the designated period is not a Business Day, the action may be done on the next Business Day,
with the same effect as if done on the designated day.
9.07. Survival of Covenants All covenants,
representations and warranties made by the Parties in this Agreement shall survive the delivery
of this Agreement.
9.08. Sevombility. If any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision of this Agreement; provided, however, that upon the election
of any Party, this Agreement shall immediately become void and of no further effect upon such
election (except that the provisions of Section 2-.04 ZM and Section 7.02(c) shall continue in
effect, unless either such Section is among the Sections held unenforceable) if any provisions of
Section 2.02,-Seetien 2.04; Section 2.04, Section 444 2.05. Section 5.10 or Article VII are
among those held unenforceable.
9.09. Governing Law. The parties intend that this Agreement and all rights and
obligations provided for in this Agreement, including matters of construction, validity and
performance,shall be governed by North Carolina law.
9.10.- Entire Contract` This Agreement, including the Exhibits, constitutes the
entire agreement between the Parties with respect to its subject matter.
911. ConnterR$rL4. This Agreement may be signed in several counterparts,
including separate counterparts. Each shall be an original, but all of them together constitute the
same instrument.
9,12 Recordable Form As this Agreement liMits the Pardes' rigbts to dispose of
their respective ownership interests in the Greene Tract. any Party may cause this
55
Agreement to be filed in the real Rropgjy records in the office of the Register of Deeds of
O_ range County.
[The remainder of this page has been left blank intentionally.]
i
5�
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed in its corporate.name by its duly authorized officers, all as of the date first above
written.
ORANGE COUNTY,NORTH CAROLINA
(SEAL)
By:
Chair,Board of Commissioners
ATTEST:
Clerk,Board of Commiuioners
TOWN OF CARRBORO,NORTH CAROLINA
(SEAL)
By:
Mayor
ATTEST:
Town Clerk
TOWN OF CHAPEL HILL,
NORTH CAROLINA
(SEAL)
By:
Mayor
ATTEST:
Town Clerk
TOWN OF HILLSBOROUGH,
NORTH CAROLINA
(SEAL)
By:
Mayor
ATTEST:-_
Town Clerk
anterlo^al Agreement Concerning Solid Waste Management Matters.Dated as of November 1.19971
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EX RIT A
DEFINITIONS
For all purposes of this Agreement, the following terms have the following meanings,
unless the context clearly indicates otherwise.
"Adds= Commission" means the Orange County Solid Waste Management
Advisory Commission created pursuant to Article VI.
"Agreement" means this Interlocal Agreement Concerning Solid Waste Management
Matters,as it may be duly amended and supplemented from time to time.
"Business Day"means any day(a)other than a day on which national banks are required
or authorized to close and(b)on which the New York Stock Exchange is not closed.
"Carrboro"means the Town of Carrboro,North Carolina.
"Chapel Hill"means the Town of Chapel Hill,North Carolina.
"Closing"means the consummation of the Transfer by the execution and delivery of the
Transfer Agreement.
" "
"County"means Orange County,North Carolina.
"County Manager"means the County's chief administrative officer.
"County Recyclables"means all materials processed by the County for recycling and not
disposed of at System Management Facilities, as the same shall be established and amended from
time to time under the Solid Waste Management Xaa Policies.
"RxbWng System Assets"means all assets of the Solid Waste System existing as of the
Closing, including, without limitation, the existing landfill, all other land and buildings, all
equipment including rolling stock, all hemse licenses, permits and other governmental
authorizations, all contracts, all customer records, all bank and other business records, and all
cash and investments, including the capital reserve account currently maintained by Chapel Hill
on behalf of the Landfill Owners' Group, but expressly excluding any interest in the Greene
Tract.
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"Fiscal Year" means the County's fiscal year beginning July 1, or such other fiscal year
as the County may lawfully establish.
"Governing Board"means,for any Party, its governing board of elected officials.
"Greene Trad"means the parcel of land comprising approximately 169 acres lying south
of Eubanks Road described in Plat Book 14, Page 143 and Plat Book 15, Page 138, Orange
County Registry, as more specifically described in Exhibit F.
"Hillsborough"means the Town of Hillsborough,North Carolina.
"Material Financiad Change"has the meaning,anytigned in Section 4.02ld1.
"Mixed Solid Waste Tipping Fee" means the fee of that name assessed for disposing
mixed solid waste at the existing landfill,or any successor to that fee.
"New Solid Waste Management Site" means the location of the new System
Management Facilities which are expected to be needed to serve the solid waste disposal needs
of the County, the Towns and all persons
and organizations within their jurisdictions.
"Open Matters"has the meaning assigned in Section 1.02.
"Other Recyclables"means materials which would otherwise constitute Solid Waste,but
which are to be delivered to some other entity and processed for recycling. For any material to
constitute Other Recyclables, however, the entity to which the material is to be delivered must
represent that such materials are intended to be processed for use in new products. Material will
not constitute Other Recyclables, for example, if the entity to which it is to be delivered intends
to re-deliver the material to some other disposal facility (such as a landfill or incinerator),
whether or not such material is intended to be subject to further processing before disposal.
"Parties"means, collectively,the County and the Towns, and "Party"means any one of
them individually.
"Solid Waste" means all materials accepted by the County for disposal at System
Management Facilities, as the'same shall be established and amended from time to time under
the Solid Waste Management Aen Policies (subject to the provisions of Section 5.0*))
5.01(b11,which therefore does not include County Recyclables.
"Solid Waste Management Pkm"means the rkm imidany to be developed and adep
by aU the Pemks in meeerdenee;pith.4#qiek 44; as &may be amended and sa"IemenWftem
Policies"means, collectivdy. all policies related to
the Solid Waste System and coordinated solijI waste management for the County,the towns
and the persons and organizations in their jurisdictions as the same may exist from time to
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time: it includes, as of the date of this Agreement, all such policies now in place and the
policies incorporated in the framework attached as Exhibit E.
"Solid Waste System"means all assets, including both real and personal property, used
from time to time in the conduct of the functions of collecting and processing Recyclables,
reducing solid waste, disposing of Solid Waste and mulching, composting and re-using Solid
Waste, and includes both (a) the Existing System Assets and (b) all moneys and investments
related to such functions.
"State"means the State of North Carolina.
"System Debt"means all obligations incurred or assumed by the County in connection
with the ownership or operation of the System for payments of principal and interest with respect
to borrowed money, without regard to the form of the transaction, and specifically including
leases or similar financing agreements which are required to be capitalized in accordance with
generally accepted accounting principles. System Debt is "Outstanding" at all times after it is
issued or contracted until it is paid.
"System Employees"means employees of Chapel Hill directly engaged in carrying out
the business of the Solid Waste System (but expressly not including employees of Chapel Hill's
sanitation department).
"System Management Facilities"means those assets of the Solid Waste System used to
provide final disposal of solid waste,such as landfills.
"System Revenues" means all amounts derived by the County from the imposition of
rates, fees and charges for the use of, and for the services furnished by,the Solid Waste System.
"Towns"means,collectively, Canboro, Chapel Hill and Hillsborough.
"Transfer"means the conveyance of the Existing System Assets to the County pursuant
to the Transfer Agreement in accordance with Article II.
"Transfer Agreement"has the meaning assigned in Section 2.01.
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EXHIBIT B
RULES OF CONSTRUCTION
For all purposes of this Agreement,unless the context clearly requires otherwise,
(a) an accounting term not otherwise defined has the meaning assigned to it in
accordance with generally accepted accounting principles;
(b) references to Articles and Sections are to the Articles and Sections of this
Agreement;
(c) words importing the singular shall include the plural and vice versa;
(d) the headings in this Agreement are solely for convenience of reference;the
headings shall not constitute a part of this Agreement,nor shall they affect its meanings,
construction or effect;
(e) all references to any Party shall be deemed to include any successor to the
general functions,powers and properties of such Party; and
(f) any references to approvals or other actions by any Party shall be deemed
to be references to actions taken by the Party's Governing Board or taken pursuant to express,
specific direction given by the Party's Governing Board.
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EXHIBIT C
DOCUMENTS AND INSTRUMENTS FOR TRANSFER
(a) General warranty deed for the transfer of Carrboro's and Chapel Hill's real
property interests in Existing System Assets;
(b) Titles to vehicles that are subject to State titling laws,properly endorsed for
transfer,
(c) Bills of Sale to convey all ownership rights in all other personal property
constituting any portion of Existing System Assets;
(d) An Assignment and Assumption Agreement,transferring to the County all rights.
under existing contracts that constitute any portion of the Existing System Assets;
(e) All instruments necessary and appropriate to transfer to the County all permits,
licenses and other governmental authorizations now being utilized in connection with the
operation of the System;
(fl A detailed listing of the assets being transferred; and
(g) Such other documents and instruments as any Party may reasonably request.
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EXHIBIT D
MISSION STATEMENT AND GOALS
63
EXHIBIT-E
ROLID,,`, w
64
EXHIBIT F
i FGAI DE CSI II !I'ION OF THE GREENS TIZA�T
65
STATE OF NORTH CAROLINA
ORANGE COUNTY
I. a Notary Public of such County and State. certify that and
person Ily came before me this day and acknowledged that they are the Chair
and Clerk.respgstiygly.of the Board of Commissioners of Orange County. North Carolina.
and that by authority duLy given and as the act of Orange Coun . North Carolina. the
forcgoing instrument was signed in the County's name by such Chair. sealed with its
corporate seal and attested by such ClerL
WITNESS my hand and official stamp or seal this day of
1997.
rSEALI
Notary Public
My commission expires:,
STATE OF NORTH CAROLINA
ORANGE COUNTY
I. a Notary Public of such County and State, certify that and
personalLy came before me this day and acknowledged that they are the Mayor
and Town Clerk. respectively., of the Town of Carrborm North Carolina, and that by
authority duly given and as the act of such Town, the foregoing instrument was signed in
the Town's name by such ayor_ sealed with its corporate seal And attested by such Town
Clerk.
WITNESS my-hand and official stamp or seal. this day of
1997• ,-
ISEALI
Notary Public
My commission expires:
66
STATE OF NORTH CAROLINA
ORANGE COUNTY
I, a Notary Public of such County and State, certify that and
personally came before me this day and acknowledged that they are the Mayor
and Torn ["lerk_ respectively, of the Town of Chapel Hill, North Carolina. and that by
;uthori , duly liven and as the act of such Town. the foregoing instrument was signed in
the T wn's name by such Mayor. sealed with its corporate seal and attested by such Town
Clerks
WITNESS my hand and official stamp or seal.this day of
1997.
[SEAL]
Notary Public
My commission expires:
STATE OF NORTH CAROLINA
ORANGE COUNTY
I. a Notary Public of such County and State, certify that and
personally came before me this day and acknowledged that they are the Mayor
and Town Clerk. respectively, of the Town of Hillsborough. North Carolina6 and that by
authori ty duly giyen and as the act of such Town, the foregoing instrument was signed in
the Town's name by such Major.sealed with its corporate seal and attested by such Town
Clerk.
WITNESS my hand and official stamp ors aL_this day of
1221.. '--
ISEAL I
Notary Public
My commission expires`