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HomeMy WebLinkAboutAgenda - 04-16-1996 - VIII-D ! 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No �V.I=•D ACTION AGENDA ITEM ABSTRACT Meeting Date: April 16, 1996 SUBJECT: Establishment of Forum on Solid Waste Management Organization in Orange County ----------------------------------------------------------------------- DEPARTMENT County Manager/Public Works PUBLIC HEARING YES NO X ------------------------------- BUDGET AMENDMENT REQUIRED YES NO X -------------------------------- ------------------------------- ATTACHMENT(S) INFORMATION CONTACT 3/20/96 LOG Staff Memo Rod Visser, x2308 Outline for a Joint Solid Waste Wilbert McAdoo, x2625 Management Agency TELEPHONE NUMBER Potential Schedule for a Joint Hillsborough 732-8181 Solid Waste Management Agency Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 ----------------------------------------------------------------------- PURPOSE: To approve the establishment of a public forum on proposed changes to the organizational structure for managing solid waste issues in Orange County. BACKGROUND: At its March 20, 1996 meeting, the Landfill Owners ' Group (LOG) adopted a resolution requesting that the governing boards of the member governments agree to sponsor a public forum on landfill reorganization issues. The LOG also requested that each governing board consider the attached outline for operation of a possible joint solid waste management agency and possible schedule and process for creation and implementation of such an agency. The purpose of the forum, which would be held on April 25, would be to encourage public discussion and receive comments from the public regarding: 1) the LOG' s "Outline of the General Principles and Arrangements Recommended for a Joint Solid Waste Agency" ; 2) a potential schedule and process for public debate; and 3) creation of a Joint Solid Waste Management Agency. This will be an excellent opportunity for the entire Board of Commissioners, as well as the public, to review the major issues that have been discussed concerning landfill reorganization. The public forum is scheduled for 7 :30pm on Thursday, April 25, 1996, at Carrboro Town Hall . RECOMMENDATION: The Manager recommends that the Board authorize the conduct of the joint public forum. la MEMORANDUM To: Landfill Owners Group From: Gayle Wilson, Solid Waste Director Subject: Landfill Reorganization Work Group Proposal Date: March 20, 1996 The attached resolution would recommend to the member governing boards the "Outline of the General Principles and Arrangements Recommended for a Joint Solid Waste Agency. . " (Attachment A) and a potential schedule and process for public debate, consideration and creation of a Joint Solid Waste Management Agency (Attachment B) . Background The Landfill Reorganization Work Group which was established in April, 1995 and whose membership is currently the same as that of the Owners Group, was 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 by the member governments and are incorporated into agency outline. Discussion The attached principles for creation of a joint solid waste agency incorporates the work of the Reorganization Work Group through their final meeting held February 28, 1996. While the Work Group was in general consensus on most of the principles, it felt that the final revised draft should be presented to the Landfill Owners Group prior to forwarding it to the governing boards. The proposed schedule, which would also be forwarded to the member governments, would allow creation of the new agency by January, 1997 so that it could begin fully functioning in July, 1997. We note that decisions on reorganization would likely need to be made before proceeding with several ongoing activities including new landfill site acquisition and implementation of the integrated solid waste management study. The proposed schedule includes a recommended public hearing hosted jointly by the member governments. In order to keep to the 3 proposed schedule, we believe this hearing needs to take place in April. Because of the difficulties in scheduling a public hearing during budget season, the Owners Group may wish to recommend a date and location for the public hearing to the member governments. Recommendations 1. That the Owners Group adopt the attached resolution recommending the attached General Principles and Arrangements and schedule for public debate, consideration and creation of a Joint Solid Waste Management Agency. 2. That the Owners Group select a date and location for a public hearing to be hosted jointly by the member governing boards. Draft 3-21-96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 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 INSTTTUTIONS OF THE COUNTY. Name: To be determined Statutory Basis: G. S. 153 A, Art. 22. The Joint Management Agency(JMA) is created by a joint resolution of the four governments: Chapel Hill, Carrboro, Hillsborough, and Orange County. Mission and Goals: The mission of the JMA shall be to*rff7f17171ze 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. 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 landfillmg the last resort. j. Develop a comprehensive integrated solid waste management plan for the Orange Solid Waste Management Group, 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. 1 m. Provide proactive planning,guidance and oversight for the construction,operation,monitoring and closure 5 of solid waste disposal facilities. 4 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 1. Each of the four governing boards appoints two persons to the solid waste 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 solid waste 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 in the affirmative on any question on which there is a vote after he/she departs. 2 6 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 JMA. 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 finance and budget officers for 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 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 solid waste 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 joint management agency may not issue general obligation bonds, but it may issue revenue bonds (G.S.159-83(ax5) and special obligation bonds (G.S. 159I-30(a)). Revenues: The chief classes of revenue available to the JMA 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 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 solid waste agency or to other facilities as designated by the agency. [Note: With legislative approval, a share of the local sales tax receipts allocated to Orange County governments could be directed to the JMA.] 3 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: 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. Lem 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 solid waste 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. (c) Existing solid waste personnel of the four governments who are employed in functions and activities for which the solid waste agency will become responsible shall have the right to become employees of the new 4 agency(or government providing personnel services for the agency)on the July 1 that the agency assumes 8 responsibility for solid waste activities in Orange County. Employees who transfer to the new 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 Manbe r.- 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 re main. 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. 5 i 9 POTENTIAL SCHEDULE FOR CONSIDERATION AND CREATION OF A JOINT SOLID WASTE MANAGEMENT AGENCY March 20, 1996 LOG adopts principles and schedule at their regular March meeting and forward to governing bodies April, 1996 Governing bodies schedule joint public hearing for April 25, 1996 at 7:30 p.m. in Carrboro Town Hall. April, 1996 Local boards consider outlines with revisions from public hearings. If local boards adopt similar outlines, then proceed to next step; otherwise, differences would have to be resolved. Resolution of differences could occur through meeting of the Mayors and County Commission Chair. May, 1996 General principles go to attorneys for drafting into more detailed organization joint agreement resolution. August, 1996 Attorneys return draft version of joint agreement for initial review August-September, 1996 Formal agreement reviewed by LOG and returned to governing boards for approval October-November, 1996 Governing boards schedule for consideration. If approved by all governing boards, then initial appointments to the new agency could be made for January 1, 1997 and operations begin on July 1, 1997.