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HomeMy WebLinkAboutAgenda - 06-19-1996 PROPOSED AGENDA Carrboro Board of Aldermen Chapel Hill Town Council Orange County Board of Commissioners Hillsborough Town Board of Commissioners 7 : 30 pm, Wednesday, June 19, 1996 Cultural Arts Building, Chapel Hill High School High School Road, Chapel Hill Unified Public Hearings on Orange County Landfill Siting and Demographic and Socio-economic Information Prepared in accord with State law 1 . Convening of hearings . Moses Carey, Jr. , Chair, Orange County Board of Commissioners . a. Selection of a moderator. b. Discussion and approval of a format and procedures for the hearings . C. Discussion and approval of an agenda for the hearings . 2 . Presentation of background information. Gayle Wilson, Director of Solid Waste, Town of Chapel Hill and Rob Wilson, Planner, Town of Chapel Hill . a. Purpose of hearings under State law. b. Review of previous actions by the governing boards regarding consideration of potential landfill sites. C . Demographic and socio-economic information submitted in accord with State law. 3 . Presentations by owners of property under consideration as a potential landfill site. a. Site OC-2 near Cane Creek and NC 54 b. Site OC-9 near Highway 57 and Phelps Road C. Site OC-11 near New Sharon Church and Miller Roads d. Site OC-17 near Eubanks Road 4 . Comments by other citizens regarding the potential landfill sites . 5 . Comments and questions by members of the governing boards . 6 . Referral of questions and comments for follow-up reports (if and as desired by each governing board) . 7 . Consideration of a resolution adjourning the portion of the hearings for oral comments; continuation of the hearings through 5 : 00 PM on July 1, 1996, to receive additional written comments as may be submitted to governing board(s) . MEMORANDUM Agenda #1 TO: Carrboro Board of Aldermen Chapel Hill Town Council Hillsborough Board of Commissioners Orange County Board of County Commissioners FROM: W. Calvin Horton, Chapel Hill Town Manager John Link, Orange County Manager Robert Morgan, Carrboro Town Manager Eric Swanson, Hillsborough Town Manager SUBJECT: Proposed Process for Unified Hearings on Orange County Landfill Siting DATE: June 19, 1996 This memorandum recommends procedures to follow during the unified hearings being held tonight on landfill siting in Orange County. Background Four jurisdictions called four public hearings for the same time and place and to discuss the same topic. They are being conducted tonight as separate but unified public hearings. , These hearings are being held to meet requirements of State law, explained in the attached memorandum from Attorneys Michael Brough, Geoffrey Gledhill and Ralph Karpinos to Managers Cal Horton, John Link, Robert Morgan, and Eric Swanson. Discussion Moderator: These are separate public hearings by each governing board, as opposed to a joint public hearing which is traditionally moderated by the Chair of the County Commissioners. We recommend that the elected officials select a moderator from among the three Mayors and the Chair of the County Board of Commissioners. Agenda and Procedures: We recommend that the elected officials agree upon an agenda. We recommend the one attached and labelled "Proposed Agenda. " We also recommend that owners of property within the alternative sites and other citizens be requested to be concise in their comments and to provide more detailed information in writing. If it is not possible to hear from all citizens who have signed up tonight, then we recommend that the hearings be continued to Thursday, June 20, at 7: 30 PM in the same auditorium. In any case, we recommend that the written record of these public hearings be kept open until 5: 00 p.m. on July 1, 1996, to accommodate anyone who wishes to submit additional written comments. This procedure should be confirmed by each governing body adopting a resolution so ordering. (Suggested contents of this resolution attached as proposed agenda item 17. ) Notice: Written notice of these hearings, a copy of which is attached has been mailed to owners of land lying within the defined four alternative sites and to those owning land within 1000 feet of each of the four sites. Orange Township tax records were used to compile the mailing list. In addition, advertisements of this hearing were published in the News of Orange on June 12 and 19; the Chapel Hill News on June 16 and 19; and the Chapel Hill Herald on June 13 and 16, 1996. Recommendation: That the governing bodies decide on the moderator, agenda and format before beginning the proceedings. MEMORANDUM TO: Carrboro Board of Aldermen Chapel Hill Town Council Hillsborough Board of Commissioners Orange County Board of Commissioners FROM: W. Calvin Horton, Chapel Hill Town Manager John Link, Orange County Manager Robert Morgan, Carrboro- Town Manager Eric Swanson, Hillsborough Town Manager SUBJECT: Procedures for Selection and Approval of the Siting of the next Orange County Landfill DATE: April 15, 1996 The attorneys for the four local governments involved in the selection of the landfill have prepared the attached memorandum at our request . The memorandum explains various further legal steps which are necessary for the siting of a landfill and provides an estimate of the time required for these steps . We hope this information is of assistance as the local governmental elected officials continue to consider the selection of a site for a landfill . Part of the attorneys, recommendation is for a joint public hearing this spring to comply with a requirement in state law. We recommend that when the Boards gather on April 18 for the joint public forum they attempt to identify a date for such a hearing. We recommend the hearing be held on one of the following possible dates : June 13 , 1996 (Thursday) ; or, June 19, 1996 (Wednesday) . Scheduling this hearing on one of these dates would allow the governing boards, if they deem it appropriate, -to consider voting to select and approve a site this spring. MEMORANDUM TO: W. Calvin Horton, Chapel Hill Town Manager John Link, Orange County Manager Robert Morgan, Carrboro Town Manager Eric Swanson, Hillsborough Town Manager FROM: Ralph D. Karpinos, Chapel Hill Town Attorney Geoffrey Gledhill, Orange County Attorney Michael B . Brough, Carrboro/Hillsborough Town Attorney SUBJECT: Procedures for Selection and Approval of the Siting of the next Orange County Landfill DATE : April 15, 1996 This memorandum responds to your request for information outlining the remaining steps necessary for a final decision on the selection, approval, acquisition and permitting of a site for a new landfill for Orange County and its municipalities and providing an estimate as to the time period which might be required to complete those steps . Background Local governments involved in the selection of the next landfill for Orange County have made, or are considering, legislative/policy decisions supporting the selection of OC-17 as the next site for a landfill in Orange County: Subject to the specific provisions contained in the resolutions adopted, three of the four local governments (the Orange County Board o•f . Commissioners, Chapel Hill Town Council, and the Hillsborough Town Board of Commissioners) voted on February 12 to support the location of the next landfill on OC-17 . The Carrboro Board of Aldermen, on February 13 , deferred the matter pending consideration of questions raised by Board members . While these legislative/policy decisions have been made or are being considered, they are only a preliminary step and do not constitute final decisions . Discussion I . Summary. Before a final decision is made on the selection and approval of a landfill site, and OC-17 in particular, state statutes and administrative regulations require that the governments involved consider certain factors and follow specific additional procedures, including the conduct of additional hearings and meetings . It is the purpose of this memorandum to explain these additional steps, recommend a process for completing those steps and provide an estimate of the time needed for each step, where possible . II . Additional Procedural Steps Required. A. Statutory public hearing. North Carolina General Statute Sections 160A-325 (applicable to municipalities) and 153A-136 (c) (applicable to counties) contain specific requirements for public hearings before any final decision is considered which would result in OC-17 being selected for a landfill . Specifically, these statutory provisions require that a governing board must : a) "consider alternative sites and socioeconomic and demographic data" ; and, b) "hold a public hearing" before it c) selects or approves "a site for a new sanitary landfill that receives residential solid waste that is located within one mile of an existing sanitary landfill within the State . " OC-17 is within one mile of the existing Orange Regional Landfill and these requirements therefore apply. B. Regulatory public meeting. North Carolina Administrative Code (NCAC) Section T15A-C13- S13b. 1618 (c) (5) (A) imposes additional procedural requirements on the local- government where the landfill is to be located. In the case of Site OC-17 as well as the other final candidate sites, Orange County is that government . The County is required by the regulations to approve the site either by a resolution or vote on a motion. Before approving the site, the County is required to hold at least one public meeting upon 30 days public notice . Information submitted at the public meeting must be submitted as a part of the permit application submitted to the State . The meeting and approval action required by the Administrative Code must be completed prior to the submittal of an application to the State for a landfill permit . The requirement in the Administrative Code for this approval is based on provisions in General Statute Sec . 130A-294 . In part, the statute indicates that the approval may be in the nature of a franchise (Sec . 130A-294 (bl) (3) ) , which would require two votes by 2 the County Commi-ssioners under G. S . Sec . 153A-46 . C. Local zoning approval/hearings . The NCAC includes a requirement that the permit application submitted to the State include a letter from the unit of local government with zoning jurisdiction (in the case of OC-17, Orange County) stating that the proposal meets all the requirements of the local zoning ordinance. (This requirement in the Administrative Code for the letter regarding compliance with local zoning is based on provisions in General Statute Sec . 130A-294 (bl) (4) . ) In the case of a publicly owned landfill, there is some question regarding what is necessary to comply with local zoning requirements . N.C.G.S . Sec . 153A-347 provides that the County' s zoning regulations are applicable to the construction of buildings of a political subdivision. Thus, whether County zoning approval (possibly a special use permit along with its required hearing procedures) is needed for the proposed landfill would depend on what is being proposed for the new site (i .e . , a landfill only or associated buildings). An additional factor could be whether the legal entity or entities which will be applying for the state permit fit the definition of "political subdivision" . Based on the law as currently written, no zoning regulations would restrict the siting of the landfill at OC-17, if the buildings are sited elsewhere and any of the current local governments or a combination thereof are the owners and applicants for the state permit . III . Recommended Process for Further Consideration of OC-17 Based on the required procedures outlined above, we recommend the following as next steps : A. Socioeconomic and demographic data hearing. In order to comply with the requirements pertaining to public hearings and consideration of socioeconomic and demographic data, we recommend the four governing boards (with a quorum from each present) conduct a joint public hearing if OC-17 is to be considered as a possible site . Socioeconomic and demographic data on the four final candidate sites should be submitted. Information on site OC-17 and other alternative sites should be presented. Socioeconomic and demographic data should include data prepared and presented by the governing boards' staffs . Further consideration of OC-17, including possible final approval, should occur after this joint hearing. Each governing board should consider the information presented at the public hearing and consider further the selection of a site for a landfill at a follow-up separate meeting of that board. 3 We recommend that this hearing be scheduled this spring and propose that the elected boards be asked to attempt to reach a tentative consensus on scheduling this hearing when they gather for the joint public forum on April 18 . The date of the hearing would need to be confirmed by each board at a regular meeting of that Board. We believe that at this hearing the property owners whose property is part of the site identified for possible acquisition as site OC-17 should be allowed to make whatever presentation they wish to make and be given a reasonable opportunity to present information and place information before the governing boards for their consideration. Owners of property in the area surrounding the property under consideration for acquisition should be given a similar opportunity. B. North Carolina Administrative Code hearing. In addition to selecting a site for a landfill (after complying with the hearing requirement described above) the County Commissioners, as the "host" jurisdiction for the site are required to approve the site following the procedures required by the North Carolina Administrative Code . The Code requires, before the County considers whether to approve Site OC-17 or any other site within the County' s jurisdiction, an additional public meeting. The State Administrative Code contains specific requirements for how this public meeting is to be advertised and how the record of the meeting is to- be made. This meeting should be separate from the joint public hearing described above and will afford another opportunity for public input from property owners and surrounding neighbors as well as other interested citizens prior to a County decision being made. Information regarding this hearing is required to be submitted . to the State as part of the application for a State permit . C. Zoning approval . In addition to approving and selecting a site for a landfill, the governing board with zoning jurisdiction (in the case of all final candidate sites this is Orange County) must provide a letter to be submitted with the State application stating that the proposal meets all requirements of the local zoning ordinance . We anticipate that an application to the State for a landfill permit will not be ready to file before 1998 or 1999 . Prior to the application being prepared for filing, design plans for the proposed landfill will need to progress to a stage sufficient to allow there to be a determination as to what, if any, County zoning regulations need to be followed so that the requisite permits can be issued, thereby allowing the County to submit the letter 4 required by the -State regulations . The County' s Development Ordinance requires that the property being considered for a zoning permit be owned by the party submitting the application for development approval by the County or that the applicant have the legal authority of the owner to make the application, in which case the owner must join in the application to indicate its consent to the application. Thus, before this step can be taken the County or Town (s) , alone or in combination, must establish a sufficient legal interest in the property to submit an 'application for the development permit . A . legally sufficient interest would include acquisition of the site through purchase or, if necessary, the vesting of title following the initiation of an eminent domain proceeding in Court . Consent of the owner to the application would also be an option. Whatever is determined to be required in the way of zoning applications, processing and approvals from the County is, thus, a step that should come after governing boards consider the selection of a site under the statutory and regulatory requirements discussed above. Opportunities for public input in this development approval proceeding, if one is determined to be necessary, should be available consistent with the provisions of the County' s Development Ordinance. IV. Other remaining steps . A number of other major steps, in addition to those necessary to complete the local selection and approval of a site for a landfill, will need to be completed in order to complete this process . These include : a) deciding on the organization of the agency to own and/or operate the landfill, or identifying an existing agency to assume these responsibilities; b) creating any organization determined to be needed; c) selecting a financing tool to fund any initial acquisition and, later, development costs; d) imnlementina the financing tools selected to establish the funds needed for initial acquisition; e) purchasing the property, which may include acquiring tracts by exercise of the power of eminent domain; f) aviDlvina for a permit from the State, including submittal of all necessary permit application materials; g) receiving a permit from the State; and, 5 h) bidding, contracting for and constructina initial cells for disposal of solid waste . Any of these steps could face delays due to unanticipated problems or legal challenges . The attached timetable has been prepared by Joyce Engineering, the Landfill' s engineering consultant to provide estimates on how some of these steps could proceed. Estimates as to how long administrative appeals in a permitting process could be extended if challenges were brought would be difficult to establish. Likewise, if it is necessary to initiate eminent domain proceedings to acquire properties , acquisition of title to property could be delayed by court order for some period of time . Conclusion The local governments and citizens of Orange County have been engaged in a process for several years which may lead to the selection of a site and construction of a new landfill for Orange County. The steps identified in this memorandum are required in order for that process to continue to move forward. 6 GV 5 O 0 1 1 1 1 I I I I I I I I I I i l l l l l l v I I 11 I I 11 1 1 d i l l I l i ? I I II 1111111111 If 111111 _Z I l 1 I I I I I I 1 1 1 uj 111111 I II III II III I w IIII II I II 1111111 II I I if w I I I I I I I i t I I I I I V I I I I I I I u I I I I I I I I I I f l l I I I Y I I I I I I I I I I I I 1 i I I 1 I I I I I I I I 1 1 I I I I I I I N I I I I I I I I I I I 1 I I I I I Z O I= U w^� I I I }- U C O Z a 0 oo �o F M Q 0 , —C u O Z ON — 1 m7 Q U 6 = yi f — w O o C7 o I w � CL III I A I I V I I two Q N ZQ p J o I I s W-- i I 1 1 1 1 1 1 I I a A w I I 1 ~ = � J f I � z I I I I I I I I I I € a 0 v3 � 1 � • � G A _ C C s Qt E m ` - (n 9Em $ W m h e x g C U ; I = o n IV m o m o Bpi = y o v d m v x axi c c 6 m I d a !r c m E d y m E E ¢ u 8 - = g ° j ° >_ E ^ E o o ¢ o ni to ai v c r > > v d c w_ 6 C d o u-° Q a d' ? v � 2 2 u m m �_ � _d N Z C d d > > >II C W O r a c°v w w Cl in o v v z MEMORANDUM Agenda #2b TO: Carrboro Board of Aldermen Chapel Hill Town Council Hillsborough Board of Commissioner Orange County Board of Commissioners FROM: W. Calvin Horton, Chapel Hill Town Manager John Link, Orange County Manager Robert Morgan, Carrboro Town Manager Eric Swanson, Hillsborough Town Manager SUBJECT: Background on the Landfill Site Search Process DATE: June 19, 1996 The following is a brief summary of the landfill site search process recommended by the Landfill Owners Group and approved by the governing bodies in early 1990. The Orange County Landfill Owners Group (LOG) , representing the three governments who together own the present landfill, appointed a Landfill Search Committee (LSC) in March, 1990. The LSC originally consisted of 13 citizen members, one from each of the seven townships, one from each of Chapel Hill, Orange County and Carrboro, and three at-large members selected by the LOG. The committee was selected to broadly represent the county both geographically and demographically. Throughout the five years of the process two members were forced to resign for personal reasons. Prior to the appointment of the LSC, Joyce Engineering, Inc. of Greensboro, North Carolina, in conjunction with Bain Palmer & Associates, Inc. also of Greensboro, were selected through a competitive process to serve as technical consultant to the landfill search process. Joyce Engineering, working with the Landfill Owners Group staff, established the scope of the site search study based on a framework of monthly LSC meetings and periodic public information meetings. The charge of the Landfill Search Committee was: • to represent community values and reflect those in the search criteria and process • to provide public input into the process of selecting the landfill site • to work with the Landfill Owners Group to select and rank siting criteria for landfill sites • to educate the public about the need for a landfill and the process for selecting the new site • to recommend to the LOG a site or sites- for the next landfill • to attend all meetings of the LSC and remain involved throughout the site search process From the final recommended site (s) , the LOG would select one site and recommend its purchase to the elected officials of the three governing boards . The three governments of the LOG would then approve the site and pursue its acquisition and rezoning for a landfill. The Landfill Search Committee has held 29 meetings since April 1990, all open to the public and announced in advance. Six of these meetings were public input meetings which were announced with paid advertising that encouraged the public to attend, ask questions and offer additional information. In 1991, the LSC was given windshield tours of the original 16 sites, a walkover of the Greene Tract (OC-3) and a tour of the existing landfill. The delay between the June 24, 1992, meeting and the March 8, 1995, meeting, was due to the Owners Group' s need to gain authorization from the property owners and, in some cases, the elected boards to allow Joyce Engineering and Bain Palmer & Associates to conduct the on-site geotechnical investigations and subsequently conducting the investigations . On February 24, 1995, Joyce Engineering, Inc. issued the "Report of Preliminary Engineering Evaluations" which presented their evaluation of the regulatory and technical issues related to the four final sites selected by the LSC. No "fatal flaws" were found at any of the four sites . A recommended order of preference based on the technical and regulatory issues was presented as follows : OC-17, OC-2, OC-9 and OC-11. Four meetings of the LSC were held in March and April, 1995 so that the technical issues could be presented by the consultants and citizen comments could be received. The LSC voted in the meeting of April 27, 1995 to recommend to the Owners Group site OC-17 and to remove the other three sites from the list of potential sites. The LOG sponsored a public hearing on September 28, 1995 to receive comments on the final four sites under consideration in preparation for making it' s final recommendation to the governing boards . On October 19, 1995, the Owners Group considered a staff report which requested that a final landfill site be decided and that a recommendation be presented to the governing boards. Discussions were to be continued until a decision was finalized. At the November 16 meeting, an Owners Group majority favored recommending some portion of site OC-17 as the site of the next landfill . The Owners Group also proposed a set of principles related to the selection, including setting a waste reduction goal 3 of at least 50W, working to reduce the size requirements of the site, and working to insure that affected property owners and/or the effected community are compensated in a fair and equitable manner. On January 10, 1996, the Owners Group approved a resolution requesting that the governing boards approve a portion of site OC- 17 as the site of the next sanitary landfill for Orange County. The Towns of Hillsborough and Chapel Hill and Orange county approved resolutions identifying OC-17 as the preferred site from among the final four candidates . The Town of Carrboro adopted a resolution identifying spcific issues that need to be addressed prior to considering site OC-17 . In an April 15, 1996, memorandum, the managers of the four local governments laid out laid out for their governing boards, procedures for selection and approval of the siting of the next Orange County Landfill, as recommended by their attorneys . (The attorneys' April 15 memorandum is included as an attachment to this agenda packet. ) North Carolina General Statute Sections 160A-325 and 153A-136 (c) contain specific requirements for public hearings before any final decision is considered which would result in OC-17 being selected for a landfill . These statutes apply because OC-17 is located within one mile of the existing Orange Regional Landfill . Socioeconomic and demographic data for the final four candidate sites are to be presented by the planning staffs. The four governing boards have agreed that a public hearing satisfying the above statutes be set for June 19, 1996 . Once a site is selected and approved by the boards, property acquisition activities could begin, to be followed by additional environmental work on the site. With this environmental and technical data, the site plan application can be prepared and submitted to the Division of Solid Waste Management and any required County rezoning and/land use permits can be requested. The application for a permit to construct would then be submitted.