HomeMy WebLinkAboutAgenda - 05-13-2014 - 3ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 13, 2014
Action Agenda
Item No. 3
SUBJECT: Interlocal Agreement for Solid Waste and Recycling
DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
Draft Interlocal Agreement
INFORMATION CONTACT:
Michael Talbert, 919 - 245 -2308
John Roberts, 919 - 245 -2318
Gayle Wilson, 919 - 968 -2885
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PURPOSE: To receive and discuss the creation of a Draft Interlocal Agreement for Solid Waste
& Recycling between the Towns of Carrboro, Chapel Hill and Hillsborough and Orange County.
BACKGROUND: The original Interlocal Agreement for Solid Waste Management adopted in
1999 recently became null and void due to the closure of the municipal solid waste landfill
previously operated by Orange County.
The Towns and County have frequently expressed interest in continuing to work together to
continue the high performing recycling and waste reduction services that have been strongly
supported by residents over the years. Furthermore, local elected officials have expressed a
desire to expand and improve existing programs and to investigate new waste reduction
opportunities such as organics processing, regional cooperative possibilities, incentive -based
waste collection, etc. Other elements of solid waste management may also be important to
address such as emergency storm debris planning and cooperation, management of existing
and closed disposal facilities, providing a basis on which continuing dialogue can take place
among the parties regarding solid waste matters, environmental enforcement, solid waste
planning and reporting, education and outreach, etc. There almost certainly would be
considerable advantages from continuing to work together due to economies of scale.
Towns and County Solid Waste /Public Works staff has been developing an outline of an
interlocal agreement over the past several months that form the basis of the attached draft
agreement. From those staff level efforts, there was general agreement on most issues, but
some issues remain uncertain or unresolved. Among the uncertainty is the process by which
the agreement could be finalized and executed by the July 1, 2014 target date. Other issues
that remain in question or outstanding from staff perspective are:
• The level of detail of existing recycling programs and services that needs to be
incorporated into the agreement. For example, is it necessary to detail each individual
recycling service, delineating what materials are collected, frequency of collection,
number and type of containers used, etc. within the agreement?
• Should the County or a Town (or Towns) plan, site and develop a waste transfer station
would consideration be given to allowing the other parties to the agreement access to the
facility?
• The degree of involvement and advance notice given to the parties to the agreement to
regarding proposed fee increases (which fees and what flexibility /limitations would be
granted) and the level of authority to approve or authorize fee changes.
• The composition, mission and authority (if any) of a new advisory
committee /board /commission /waste partners group. Staff considered that elected
officials may wish to initiate a separate process to discuss and address this matter. It is
possible that among the first topics of such an advisory body could be coordinating the
investigation into pay -as- you -throw and /or organics management options.
• Provisions for withdrawing from the agreement including a more clear definition of
"outstanding debt ".
• Inclusion of the University as a party to the agreement (could be a secondary priority to
be pursued at a later date)
The more fundamental issues of an agreement could be incorporated and adopted in the short
term (by July 1), with other issues to be resolved through a mutually agreeable process among
the parties (or by a new advisory group) over the next several months. Alternatively, a final and
comprehensive agreement could be pursued regardless of the time necessary and the parties
could continue in an informal manner until a final agreement is executed. There may also be
other options for proceeding.
FINANCIAL IMPACT: There is no financial impact with discussion on the development of a new
interlocal agreement for solid waste and recycling. However, decisions with regard to this
agreement may have profound impact on the nature of funding for solid waste and recycling
services in the future.
RECOMMENDATION(S): The Manager recommends that the Board discuss the issues related
to a new interlocal agreement and provide guidance to staff with regard to the various elements
of the agreement and the process and timeline to finalize an agreement with the Towns of
Carrboro, Chapel Hill and Hillsborough.
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INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY AND THE TOWNS OF
CARRBORO, CHAPEL HILL, AND HILLSBOROUGH REGARDING THE PROVISION OF
SERVICES RELATED TO AND THE DISPOSITION OF SOLID WASTE IN ORANGE COUNTY
THIS AGREEMENT, made and entered into this day of , 20_
between Towns of Carrboro, Chapel Hill, and Hillsborough, North Carolina municipal
corporations, of Orange County, North Carolina (hereinafter referred to individually as the
"Town" and jointly as "Towns "); and Orange County, a political subdivision of the State of North
Carolina (hereinafter referred to as the "County "), for the provision of solid waste services and
disposition of solid waste within Orange County. (County and Towns may be referred to
collectively as the "Parties ")
WITNESSETH
WHEREAS, the County and Towns are public bodies, politic and corporate, under the
laws of the State of North Carolina and are vested with the power and authority by Article 20 of
North Carolina General Statutes Chapter 160A to enter into this Interlocal Agreement
(hereinafter referred to as the "Agreement "); and
WHEREAS, the County operates and /or contracts for the operation of solid waste and /or
recyclable materials collections services in the jurisdictions of the County and Towns; and
WHEREAS, the County and Towns desire to establish procedures, policies, rights, and
responsibilities for the collection, transport, and disposition of solid waste, construction and
demolition materials, and recyclable materials.
NOW, THEREFORE, in consideration of the foregoing and on mutual promises and
obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the
County and Towns agree as follows:
TERM AND TERMINATION
A. This Agreement shall continue in effect until such time as it is amended or terminated.
B. Any Party to the Agreement may withdraw upon 12 months' notice and payment of its per -
capita share of any outstanding debt related to the services and programs listed above.
C. County may terminate this Agreement, without penalty or cost, pursuant to the terms of
Paragraph V (D) below.
II. CONSTRUCTION AND DEMOLITION ( "C &D ") AND MUNICIPAL SOLID WASTE
( "MSW ") LANDFILLS
A. County shall maintain financial, regulatory and environmental responsibility for operations,
closure, and for post - closure maintenance /monitoring, of Orange County's C & D and MSW
Landfills.
B. County shall, pursuant to the terms of its agreement with the University of North Carolina at
Chapel Hill, monitor the operation and performance of the University Landfill Gas Recovery
System.
C. Towns and County will, in support of the solid waste enterprise fund, direct C &D waste from
projects where local government funding is utilized, including school construction and
renovation, to the Orange County C &D Landfill.
D. Tipping fees shall be established annually as part of the County budget process, may
include some portion of the fee to apply to post - closure costs, and shall become effective on
July 1 of a given year.
III. MUNICIPAL SOLID WASTE ( "MSW") COLLECTION AND TRANSFER
A. Towns and County will maintain authority and responsibility, financial and environmental, for
MSW collected and transferred within their respective jurisdictions.
B. Should the County or a Town (or Towns) plan, site, and develop a waste transfer station any
Party to this Agreement shall be granted access to use such waste transfer station subject
to payment of prevailing tipping fees as established by the relevant governing body. These
tipping fees shall be established annually as part of the regular budget approval process and
become effective on July 1 of a given year.
C. County will maintain, operate, and fund Solid Waste Convenience Centers that accept
residentially generated MSW, C &D, bulky waste, recyclable materials, etc. for the use and
benefit of all County and Town residents.
D. Parties will provide minimum twelve months' notice of intent to implement a pay- as -you-
throw residential waste collection system.
E. Towns and County will, in support of the solid waste enterprise fund, deliver white
goods /appliances, mattresses, vegetative wastes, C &D waste, clean wood, cardboard and
scrap metal to designated Orange County facilities.
F. County shall provide for the specific recycling and /or, where legally permissible, the reuse of
the following materials:
1. White Goods /Appliances;
2. Scrap tires;
3. Scrap metal;
4. Clean wood waste;
5. Vegetative waste;
6. Electronics
7. Mattresses.
G. County will endeavor to maximize schedule of operation and services available (subject to
material markets and budgetary considerations and constraints) at convenience centers
consistent with current District/Neighborhood concept or other convenience center concepts
as directed by the Board of Commissioners. Current District Center (Walnut Grove Church
Road and Eubanks Road Convenience Centers) services provide for the disposal of:
1. Residential municipal waste;
2. Household hazardous waste;
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3. Cardboard;
4. Waste oil, filters, and anti - freeze;
5. Yard waste;
6. Scrap tires;
7. Clean wood waste;
8. Scrap metal and white goods;
9. Cooking oil and residential food waste;
10. Recyclable materials (bottles, cans, mixed paper);
11. Rigid plastics;
12. Textiles /shoes;
13. Salvage shed;
14. Electronics;
15. Batteries (wet & dry cell);
16. Plastic bags and film.
IV. RECYCLABLE MATERIALS
A. Recycling programs and services that are provided at the time of implementation of this
Agreement are anticipated to be continued for the foreseeable future. Periodic expansions,
modifications, improvements or adjustments to programs /services may be made by the
County (subject to material markets and budgetary considerations). County will
coordinate /collaborate with Towns regarding changes to programs /services operated within
the Towns through an advisory board /committee established for this purpose, or other
means as agreed.
B. It is the County's objective to offer equivalent services /programs within the Towns. County
may also provide special services to individual Towns that may require special negotiated
service fees or other specific compensation that fall outside of this Agreement. The portion
of Chapel Hill located within Durham County should receive those services which other parts
of the Town of Chapel Hill receive, however, it is solely the responsibility of the Town of
Chapel Hill to establish the authority by which County shall provide services in that portion of
the Town.
C. County shall ensure that recycling programs /services provided by the County are of high
quality and reliable with regard to the reasonable: Adherence to route schedules; prevention
of overflow of drop -off site receptacles; resolution of complaints; safety; making progress
toward waste reduction objectives, etc. County will endeavor to coordinate urban curbside
recycling collection routing with municipal waste collection routing (as requested) to the
extent possible, consistent with collection efficiency, budgetary constraints and available
resources (i.e. roll - carts, compacting collection vehicles, etc.) County will endeavor to
maintain maximum efficiency in recycling and waste reduction programs consistent with
generally accepted industry best management practices.
D. Current 24 -Hour Recycling Drop -off Centers are intended to remain in service, subject to
County budgetary considerations, site availability, space limitations, material market
availability, and Town recyclable material drop -off requirements. The five current drop -off
sites include: Cedar Falls Park, Hampton Point, Carrboro Plaza, University Mall, and
Meadowmont. No reductions or additions of drop -off sites are contemplated at this time.
E. Subject to state and federal law and subject to budgetary considerations and constraints it is
expected by the Parties that recycling services offered at the time of the execution of this
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Agreement shall continue. As of the date first above recorded current recycling services
provided to Towns by County include:
a. Weekly residential curbside collection (single stream);
b. Multi- family collection (single stream);
c. Food Waste collection from commercial establishments;
d. Bar /Restaurant and other small commercial location collection (single stream);
e. Downtown cardboard Collection — Chapel Hill only — fee based;
f. Pedestrian bins ( locations) — Chapel Hill only — fee based;
g. Park &Ride lot collection ( currently 3 locations each in Chapel Hill and Carrboro);
h. Municipal park collection;
i. Government building collection for all local governments, OWASA and public
schools;
j. Public housing - (multi - family style service or single family, as appropriate to housing
type);
k. Public schools collection -- fee based, contractual service.
V. FINANCIAL
A. Fees for the purpose of providing multi - family and urban curbside recycling services within
the jurisdictions of the Towns shall be established through each Town's budgetary process.
Through such process Towns shall establish recycling service fees based on County's
recommendation, which recommendation shall be based on County's good faith estimate of
the costs of providing recycling services within the Towns' jurisdictions. Each Town shall
authorize County to collect and administer fees established for the purpose of providing
recycling services within the Towns' jurisdictions. County shall apply the full revenue of said
fees solely toward the costs of providing services within the Towns' jurisdiction.
1. The Town of Chapel Hill shall, through its budgetary process, set fees for the costs of
services provided pursuant to the terms of this Agreement for those areas of the
Town situated in Durham County.
2. The Town of Chapel Hill shall establish said fees based on County's
recommendation, which recommendation shall be based on County's good faith
estimate of the costs of providing services contemplated by this Agreement within
that area of the Town situated in Durham County.
3. The Town of Chapel Hill shall authorize County to collect and administer said fees
and County shall apply the full revenue of said fees solely toward the costs of
providing services in that area of the Town of Chapel Hill situated in Durham County.
B. Annually no later than April 1 County shall notify Towns of any proposed tipping fee
increases and any proposed fee increases associated with multi - family and urban curbside
recycling services provided pursuant to the terms of this Agreement. Subject to the terms
and any exceptions in this Paragraph V County shall be solely responsible for establishing
said fees. County shall establish said fees through its good faith estimate of the actual costs
of providing the services contemplated by this Agreement. Fees imposed pursuant to the
terms of this Agreement shall be uniform for each Town and shall be in an amount sufficient
to fully cover the direct and indirect costs of providing the services contemplated by this
Agreement.
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C. Subject to the two exceptions set out below, any fee increase of more than five percent (5 %)
must be approved by the Towns in advance by June 1 of any given year.
1. This Paragraph V(C) shall not apply where County has provided at least twelve (12)
months' notice of said fee increase and where such increase greater than five
percent (5 %) is necessary to maintain the then current level of services.
2. County's contract with its service provider, a provider of urban curbside service
contemplated by this Agreement, contains provisions for annual increases in costs
based on annual increases in the national Consumer Price Index ( "CPI "). This
Paragraph V(C) shall not apply where a greater than five percent (5 %) fee increase
is necessary based on the CPI increase requirement of County's contract with Waste
Industries, or any other service provider where the service contract contains a similar
provision, and where County has notified Town prior to the first day of April when
such a CPI increase greater than five percent (5 %) is expected for the next fiscal
year.
D. In the event a Town or Towns fail to approve a multi - family or urban curbside recycling fee
increase of greater than five percent (5 %) for any service where such increase is necessary
to fully pay for the provision of any service contemplated by the terms of this Agreement or
where such increase is necessary for County to meet its contractual obligations with any
contractor engaged in providing any of the services contemplated by this Agreement County
may, at its option, terminate this Agreement as it applies to any Town that fails to approve
said fee increase.
1. Any termination pursuant to this Paragraph V(D) shall be without cost or penalty to
County.
2. In the event County terminates this Agreement pursuant to the terms of this
Paragraph V(D) the Town or Towns with which the Agreement is terminated shall be
responsible for the full amount of any outstanding costs, contractual obligations or
debt related to the provision of services contemplated by this Agreement as such
costs or debt apply within its territorial jurisdiction.
3. Any termination pursuant to this Paragraph V(D) shall be effective at the end of the
fiscal year in which a Town or Towns fail to approve the aforementioned fee increase
and after written notice by the County to the Town(s).
VI. MISCELLANEOUS
A. Holiday service. County shall publish holiday schedules annually for curbside collection.
There will be no service on New Year's Day, Thanksgiving Day, or Christmas Day.
Other holiday service will be scheduled according to the specific day of week of
observed holidays.
B. Storm debris management. County shall manage construction debris created by or from
severe storms at its Construction & Demolition Landfill. County shall provide debris
management sites for delivery of severe storm event vegetative debris. Emergency
storm debris collection and monitoring shall be the responsibility of each Party within its
territorial jurisdiction.
C. Ordinance enforcement. Each Town shall enforce County's Regulated Recyclable
Materials Ordinance within each Town's jurisdiction. Towns shall monitor waste
collected by Town staff for banned materials in order to prevent the delivery of banned
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materials for disposal. County shall provide solid waste plan advice, review, and
approvals in concert with development applications to various jurisdictions. County may
assist towns' enforcement staff in enforcement of landfill bans on privately collected
waste containers.
D. Education and Outreach. County shall be responsible for the preparation, distribution,
expense, and coordination of education and outreach services related to waste
management, recycling, and reduction services and programs under its administration.
E. Solid waste management, planning, and reporting. County, in cooperation with Towns, is
responsible for the development and timely submission of required annual reporting and
solid waste management planning to the North Carolina Department of Environment and
Natural Resources. Towns and County shall cooperate with requests for information, data,
and records, in a reasonable and timely manner. Consideration shall be given by County to
investigation of increased diversion of organic wastes, especially commercially generated
food wastes, and the expansion of non - residential recycling programs and services.
County, in cooperation with Towns, may develop recycling performance and tracking
measures for various programs of interest. Collected data will be maintained in a secure
manner, consistent with public records law of North Carolina.
F. Future Landfill /Transfer Station. In the interest of joint long -term planning County and
Towns shall cooperate and jointly participate in the siting and location of any future MSW
landfill or transfer station that is sited within the boundaries of Orange County.
G. Advisory Board. County and Towns shall cooperate and jointly participate in the creation of
a solid waste management advisory board. The document containing the bylaws and /or
operating procedures of such advisory board shall be attached to this Agreement as Exhibit
1.
VII. INDEMNIFICATION
To the extent authorized by North Carolina law County and Towns each agree to indemnify and
hold harmless one another, their agents, officials, and employees, from and against all claims,
actions, demands, costs, damages, losses and /or expenses of any kind whatsoever, in whole or
in part, resulting from any acts of County or each Town, their agents, officials, employees,
guests or invitees caused by or directly related to the performance of this Agreement, including
but not limited to court costs and attorney's fees incurred by the County and Towns in
connection with the defense of said matters.
VIII. NOTICE
Any notice required by or pursuant to this Agreement, or any amendment or renewal, shall be in
writing and delivered by United States Mail to the following:
To Carrboro:
Town of Carrboro
Town Manager
301 West Main Street
Carrboro, NC 27510
To Hillsborough:
Town of Hillsborough
Town Manager
101 East Orange Street
Hillsborough, NC 27278
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To Orange County:
Orange County
County Manager
200 S. Cameron Street
Hillsborough, NC 27278
IX. ENTIRE AGREEMENT
To Chapel Hill:
Town of Chapel Hill
Town Manager
405 Martin Luther King, Jr. Blvd.
Chapel Hill, NC 27514
This Agreement constitutes the entire agreement of the Parties hereto and is effective the date
first above recorded.
[SIGNATURE PAGE TO FOLLOW]
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In witness whereof, the Parties, by and through their authorized agents, have hereunder set
their hands and seal as of the day and year first above written.
Mayor, Town of Chapel Hill
ATTEST:
Town Clerk
Mayor, Town of Carrboro
ATTEST:
Town Clerk
Chair, Orange County
ATTEST:
Clerk to the Board
Mayor, Town of Hillsborough
ATTEST
Town Clerk
This instrument has been pre- audited in the manner required by the Local Government Budget
and Fiscal Control Act:
Carrboro Finance Director
This instrument has been pre- audited in the manner required by the Local Government Budget
and Fiscal Control Act:
Chapel Hill Finance Director
This instrument has been pre- audited in the manner required by the Local Government Budget
and Fiscal Control Act:
Hillsborough Finance Director
This instrument has been pre- audited in the manner required by the Local Government Budget
and Fiscal Control Act:
Orange County Finance Director
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