HomeMy WebLinkAboutAgenda - 06-26-1996 - IX-D ORANGE COUNTY 1
BOARD OF COMMISSIONERS
Action Agenda
ACTION AGENDA ITEM ABSTRACT Its' No -D
Meeting Date: June 26, 1996
SUBJECT: Discussion of Landfill Reorganization Work Group
Recommendations
DEPARTMENT Public Works - - PUBLIC HEARING YES NO X
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BUDGET AMENDMENT
REQUIRED YES NO X
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ATTACHMENT(S) INFORMATION CONTACT
Reorganization Draft Outline Wilbert McAdoo, ext 2625
6/5/96 LOG Memo TELEPHONE NUMBER
Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
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PURPOSE: To discuss options for reorganization of the landfill
governance structure.
BACKGROUND: The Landfill Owners ' Group has requested that each
governing board provide feedback to the LOG prior to the summer recess
concerning the latest revision of the draft landfill reorganization
outline . This version incorporates those comments, where appropriate,
received from the public at the April 25 Joint Public Forum on Landfill
Reorganization. The attached LOG memo provides background information
on the process undertaken thus far by the Landfill Reorganization Work
Group.
Although many details remain to be worked out regarding a new
landfill governance structure to succeed the Landfill Owners '
group, County staff view the proposed reorganization principles as
generally appropriate, regardless of which local government
ultimately provides administrative support to the proposed joint
management agency. Staff will convey comments from the Board of
Commissioners to the LOG for possible discussion of landfill
reorganization at the LOG' s scheduled meeting on July 11 .
RECOMMENDATION: The Manager recommends that the Board review and
discuss the draft reorganization outline and approve the general
principles contained in the outline.
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MEMORANDUM -
TO: Carrboro Mayor and Board of Aldermen
Chapel Hill Mayor and Town Council
Hillsborough Mayor and Town Board
Orange County Board Chair and Commissioners
FROM: Don Willhoit, Landfill Owners Group Chair
SUBJECT: Reorganization Draft Outline
DATE: June 5, 1996
The attached "Outline for a Joint solid waste xanagemenL Agency. . "
incorporates changes which were suggested at the April 25th Joint
Public Forum on Reorganization.
In order to allow for the creation of the new Joint Solid Waste
Management Agency by January, 1997, the four governing boards would
need to consider the attached outline, resolve any differences and
adopt similar reorganization outlines prior to their summer
recesses.
Background
The Landfill Reorganization Work Group was established in April,
1995 and charged by the owner governing bodies to:
- Evaluate options for ownership, financing and administration
of the next landfill and/or other solid waste management
facilities and activities;
Report back to the governing bodies on recommendations for
ownership, financing and a process for public debate and
consideration of the associated issues.
As a first step the Group drafted goals for the management of solid
waste in Orange County. The goals were adopted in the fall of 1995
by the member governments and are incorporated in the attached
agency outline.
The Reorganization Work Group held their final meeting on February
28, 1996 and forwarded a draft copy of a reorganization outline to
the Landfill Owners Group. The Owners Group reviewed the
reorganization outline at their March 20, 1996 meeting and
forwarded it to the member governments for consideration. The
Owners Group also forwarded a proposed schedule, which would allow
creation of the new agency by January, 1997 so that it could begin
fully functioning in July, 1997.
The member governments held a Joint Public Forum on Reorganization
on April 25, 1996 to receive citizen comments on the proposed
reorganization of the landfill governing board. At the meeting the
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member governments asked that the Owners Group consider citizen
comments and incorporate any recommended changes into a revised
outline. The Owners Group approved the attached revised outline at
their May 23, 1996 meeting.
Discussion
The next step in the reorganization process is adoption of similar
reorganization outlines by the four governing boards. If any of
the governing boards desire changes in the general principles
contained in the proposed outline, all four governments'would need
to approve an outline containing the changes. As suggested in the
Owners Group proposed schedule, resolution of differences among the
governments could occur through a meeting of the Mayors and Chair
of the Board of Commissioners.
Once all four governing boards adopt similar general principles for
reorganization, the outline will be forwarded to attorneys for
drafting into a more detailed organization joint agreement
resolution. If the governing boards desire to maintain the
proposed schedule and create the Joint Solid Waste Management
Agency by January 1, 1997, the boards would need to resolve any
differences and adopt similar reorganization outlines prior to
their summer recesses. The Owners Group proposed January, 1997
schedule was developed with the realization that several ongoing
activities, including the new landfill site acquisition and
implementation of the integrated solid waste management study, were
dependent upon the results of reorganization.
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Draft 5-23-96 -
AN OUTLINE OF THE GENERAL PRINCIPLES AND ARRANGEMENTS RECOMMENDED
FOR A JOINT SOLID WASTE AGENCY TO BE CREATED BY THE GOVERNING
BOARDS OF CHAPEL HILL, CARRBORO, HILLSBOROUGH, AND ORANGE COUNTY TO
SERVE THE CITIZENS, BUSINESSES, AND INSTITUTIONS OF THE COUNTY.
Name: To be determined
Statutory Basis: G. S. 153 A, Art. 22 . The Joint Management
Agency (Agency) is created by a joint resolution of the four
governments: Chapel Hill, Carrboro, Hillsborough, and Orange
County.
Mission and Goals: The mission of the Agency shall be to minimize
the generation of waste; to conserve resources; to recycle and
reuse that portion of our waste that we can; and to dispose of the
remaining solid waste in an environmentally sound, socially
responsible and cost effective manner.
a. Manage the waste in Orange County consistent with the mission
statement above, consistent with environmental and human
health protection, consistent with conservation of natural
resources and energy, and in compliance with all federal,
State and local laws and regulations.
b. Set aggressive waste reduction goals, with the intent of
raising waste reduction goals when set goals have been
achieved.
C. Achieve these stated goals through the development of public
and public-private waste preventions, source reduction,
recycling and reuse opportunities, materials recovery, as well
as development and implementation of public and public-private
education programs, policies and incentives to promote waste
prevention, recycling and reuse.
d. Design, develop and implement public information, awareness
and education programs designed to increase public awareness
of the need for, and public involvement in the implementation
of, source reduction, recycling, composting, and to promote
environmentally sound and cost effective integrated solid
waste management.
e. Participate with regional efforts to manage and reduce waste,
when consistent with adopted goals and policies.
f. Evaluate and establish alternatives for the management of
recyclable materials banned from landfilling.
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g. Evaluate and establish alternatives for the management of
materials which pose special management problems. Develop
programs which result in the elimination of these materials
from the waste stream whenever possible.
h. Reduce and eventually eliminate littering and illegal dumping
of solid waste in Orange County by developing and enforcing
harsh penalties for such activities.
i. Make planning for solid waste in Orange County consistent with
the above stated management practices. Priority should be
given to waste prevention and waste reduction in order to make
landfilling the last resort.
j . Develop a comprehensive integrated solid waste management plan
for the Agency, and work with all the generators of solid
waste in Orange County to implement the plan.
k. Involve the public in solid waste management planning and
program development through public hearings, committees and
advisory boards, as well as other means.
1. Ensure that adequate capacity of solid waste disposal
facilities exist to meet the needs of the people of Orange
County.
M. Provide proactive planning, guidance and oversight for the
construction, operation, monitoring and closure of solid waste
disposal facilities.
n. Ensure that the present landfill and any future landfills are
operated to last as long as reasonable.
Agency Governing Body: Members of the Agency board are appointed
to three-year staggered terms by the governing boards of Chapel
Hill, Carrboro, Hillsborough, and Orange County. To provide for
the staggered terms of the members, the initial appointments by the
four governing boards shall be for the following terms:
Chapel Hill: Member A. 3 years
Member B. 1 year
Carrboro: Member A. 2 years
Member B. 3 years
Hillsborough: Member A. 1 year
Member B. 2 years
Orange County: Member A. 3 years
Member B. 2 years
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1. Each of the four governing boards appoints two persons to the
Agency board. For the initial terms, both appointments must
be elected members of the governing board making the
appointment. After the initial appointments, at least one of
the two representatives of each government must be an elected
member of the governing board making the appointment. An
elected member ceases to be a member of the Agency board when
he/she ceases to be a member of the appointing governing
board.
2. No member may be appointed to more than two full consecutive
terms on the Agency board. Regular terms start on January 1
and end on December 31. The initial appointments date from
the January 1 of the year in which the provisions of this
agreement become effective.
3 . Each member of the Agency board serves at the pleasure of the
appointing governing board and may be removed at any time by
the appointing board, with or without cause.
4. A vacancy on the Agency board is filled by the governing board
that appointed the person who vacated the Agency board seat.
In the case of a vacancy created during the term of a member,
the, appointment to fill the vacancy is for the remaining
portion of the term in order to preserve the staggered-term
pattern.
S. The Agency board elects from its membership a chairman and a
vice chairman at its annual organization meeting, which shall
be held each year at its first regular meeting in January.
6. The Agency board shall adopt its own rules of procedure not
inconsistent with the provisions of this joint agreement and
generally accepted parliamentary procedures.
7. • Each member of the Agency board has one vote.
• In the absence of a member, the vote of the other member
who was appointed by the same government would equal the
entire strength of their delegation (e.g. their vote
would equal two votes) .
• Five affirmative votes are necessary to take any action.
• The chairman votes as a member of the board and has no
additional nor tie-breaking vote.
• Members may not abstain from voting except when excused
for conflict of interest by the unanimous vote of the
remaining members of the board who are present at the
meeting.
• The vote of a member who abstains from voting on any
question without having been excused shall be counted as
having been cast in the affirmative.
• The vote of any member who leaves a meeting without
having been excused shall be counted as having been cast
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in the affirmative on any question on which there is a
vote after he/she departs.
Administration: The administration of the Agency is headed by a
Chief Administrative Officer (CAO) who is appointed by the Agency
board and serves at its pleasure.
The CAO is responsible to, and reports to, the Agency board on
matters concerned with the development and administration of solid
waste policies and programs, including the size and character of
budgets and staff to carry out those policies and programs.
The CAO appoints and removes all agency personnel in accord with
the personnel rules and procedures of the governmental agency that
it contracts with for personnel services.
Employees and Staff Support Functions: Staff support functions
such as finance, payroll, purchasing, accounting, and personnel are
provided through contractual arrangements, most likely by the
County Government or another member government, as set forth in the
joint resolution creating the Agency. All employees are legally
employees of the government which the Agency contracts with for
personnel services. Except for the appointment and removal of the
CAO, all employees are subject to personnel procedures, policies,
and benefits of the contracted government. [Note: The salary and
benefit package for Agency personnel could be made different from
that of the governmental agency providing personnel services. ]
The Agency shall have its own legal counsel who does not serve as
attorney for any of the member governments.
Budget: The Agency adopts its own budget. Finance and budget
officers of a member government agency will be contracted to serve
as the f inance and budget of f icers f or the Agency. Except with the
affirmative vote of 6 members, the Agency board may not adopt a
proposed budget that calls for:
(a) an increase of 10% or more in any disposal fee or charge.
(b) the issuance of bonds;
(c) the contracting of any other obligation in excess of
$1,000,000.
Title to Property: Title to all real property acquired after this
agreement becomes effective shall be held by the Agency. [Note: By
agreement of the parties, any single government or two or three of
the governments could acquire real property to be used by the
Agency. )
Title to the Greene tract, Neville tract and other real property
not used as a landfill by the Agency that was acquired before the
effective date of this agreement continues to be held by the three
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governments that acquired the property and- without any change in
ownership. Title to the Orange Regional Landfill property will be
transferred to the Agency.
The Agency holds title to personal property and shall acquire and
dispose of personal property in accord with the requirements
applying under North Carolina law to cities and counties.
Bonds: The Agency may not issue general obligation bonds, but it
may issue revenue bonds (G.S. 159-83 (a) (5) and special obligation
bonds (G.S. 159I-30 (a) ) .
Revenues: The chief classes of revenue available to the Agency for
operations and debt service are:
1. Fees and charges for services to citizens,
businesses, and other organizations.
2. Receipts from the sale of recycled and
recovered materials and their byproducts.
3 . Payments under contracts with the four
governments for services made available or
provided to them.
Responsibilities of Member Governments Related to Revenues
1. Member governments shall guarantee delivery of
all waste and recyclables under their control
to Agency facilities.
2. Member governments would, to the extent
permitted by law, make a good -faith effort to
control all solid waste within their
jurisdictions, so that it is delivered to the
facilities of the Agency or to other
facilities as designated by the Agency.
Functions: The Agency shall conduct comprehensive integrated solid
waste management planning for Orange County and manage the wastes
of the County in a manner that is consistent with the mission
statement and goals for solid waste management adopted by the four
governments in 1995 and 'as subsequently amended.
The Agency may carry out any solid waste activity authorized by the
participating governing boards, subject to the limitations and
procedures outlined in the resolution creating the Agency. Initial
authorizations may be limited. Additional authorizations may be
extended to the Agency by amendment of the joint agreement as the
integrated county-wide program develops.
The functions may be carried out by employees of the Agency, or by
employees of one or more of the four governments under contracts
with the Agency, or by contracts with private persons and
corporations. The four governments may also contract with the
Agency to perform solid waste functions for which they retain
responsibility. More specifically, the Agency may take all actions
necessary to:
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1. Study, plan, design, acquire, lease and operate systems
and facilities for waste prevention, waste reduction,
materials recovery, recycling, resource recovery,
landfilling, ash management, household hazardous waste
management, transportation, disposal, and public
education regarding solid waste management in orange
County.
2 . Set and collect fees and charges for any service offered
by the Agency.
3. Adopt rules and regulations with respect to the handling
of solid wastes by citizens, businesses and institutions
in Orange county. [Does not include ordinance-making
authority. ]
4. Perform any action and meet any requirement imposed by
state or federal agencies or law on any of the four
governments relating to solid waste management.
5. Apply for, accept, and disburse funds from any government
or any private individual or agency.
6. Provide for the employment of Agency personnel.
7. Contract with any of the four governments or any other
governmental unit or agency.
8. Contract with individuals, firms and corporations to
carry out any of its responsibilities. -
9. Contract with consultants and professionals.
10. Lease administrative office space and other facilities
needed in its programs.
11. Receive grants and gifts and comply with any conditions
with respect to them.
12. Issue revenue and special obligation bonds
13 . Close landfills and other solid waste facilities and
monitor and maintain them as required by law.
Transition:
(a) The Agency shall take over responsibility for solid waste
activities as set forth in this agreement at the beginning of
the first fiscal year that occurs at least six months after
the approval of this agreement by all four governments.
(b) The members of the Agency board shall be appointed at least
six months before it assumes responsibility for solid waste
activities in Orange County. During the period before the
Agency board assumes responsibility for solid waste activities
in the county, it may make studies, develop its first budget,
and take other actions necessary to a smooth and effective
transition from the current arrangements to the new ones.
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(c) Existing solid waste personnel of the four governments who are
employed in functions and activities for which the Agency will
become responsible shall have the right to become employees of
the Agency (or government providing personnel services for the
Agency) on the July 1 that the Agency assumes responsibility
for solid waste activities in Orange County. Employees who
transfer to the Agency shall do so without any reduction in
salary or benefits.
Amendments: Any amendment to the resolution establishing the
Agency would need to be approved by all of the governing bodies of
the member governments.
Withdrawal of a Member: If the Agency has no outstanding
indebtedness, any member may withdraw from the Agency effective at
the end of the current fiscal year by giving at least six months
notice in writing to each of the other members. Withdrawal of a
member shall not dissolve the Agency if at least two members
remain.
Dissolution: In the event of dissolution of the Agency, the assets
and liabilities would be divided in proportion to the total
financial contributions that each member government has made over
the life of the Agency.
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