HomeMy WebLinkAboutAgenda - 05-01-2001-5dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 1, 2001
Action Agend
Item No. ~_
SUBJECT: Affirmation of Process for Resolving the Disposition of the Greene Tract
DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Draft Resolution
Agreement to Amend the September 1999
Solid Waste Agreement
Potential Framework for Determining the
Disposition of the Greene Tract
Definition ofi "Reimbursement Amount"
3/24/00 BOCC Letter to Town of
Chapel Hill
(Topic Discussed at 4/25/01 Work Session)
INFORMATION CONTACT:
John Link or Rod Visser, ext 2300
TELEPHONE NUMBERS:
Hillsborough 732-81$1
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider adopting a resolution affirming the general process to be used by
Orange County and the Towns of Carrboro and Chapel Hill to resolve the disposition of the
remaining 109 acres of the Greene Tract.
BACKGROUND: The solid waste management interlacal agreement signed by the County
and Towns in September 1999 and amended in March 2000 lays out parameters under which
the Greene Tract owners will resolve the ultimate disposition of the 109 acres of that parcel that
remain in joint ownership. The agreement also addresses how the Solid Waste/Landfill
Operations Enterprise f=und is to be reimbursed if the property is put to uses that are not related
to the salid waste enterprise. The agreement anticipates that the Greene Tract owners will
reach agreement on the disposition of the property during a bargaining period that would
conclude on April 17, 2002 (the two year anniversary of the effective date upon which Orange
County assumed overall responsibility far solid waste management in Orange County).
In preparation for the April 19, 2001 Assembly of Governments meeting, the County and Town
Managers collaborated to prepare a potential framework for resolving the disposition of the
Greene Tract. There was insufficient time for the governing boards to discuss the topic at that
meeting, but the item was carried forward for BOCC discussion at their April 25 work session.
The BOCC felt that the work group should be limited to two elected officials from each of the
three governing boards, as members of all three boards are already well familiar with the issues
involved with the Greene Tract. The BOCC also discussed accelerating the timetable far
completion of the process. The Board discussed, but did not reach a conclusion, on whether, in
addition to "open space" the general uses cited for the Greene Tract should include "affordable
housing" and "schools", or a designation such as "non-solid waste public purposes".
Staff have prepared a draft resolution for the Board to review, modify, and adopt at the May 1
regular meeting. After the BOCC adopts the resolution, it will be forwarded to the Towns of
Carrbora and Chapel Hill so their governing boards can consider formal adoption of similar
resolutions.
FINANCIAL IMPACT: There is no financial impact associated with the discussion of this
resolution. However, the County and Towns will be obliged to reimburse the Landfill Fund for
the original 1984 purchase price of $608,000, plus interest, if the Greene Tract is used for
purposes other than those of the. solid waste system.
RECOMMENDATION(S): The Manager recommends that the Board adopt the resolution and
appoint two Commissioners to serve on the short-term work group with elected representatives
of the Towns of Carrboro and Chapel Hill.
DRAFT
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION AFFIRMING A PROCESS FOR RESOLVING THE
DISPOSITION OF THE REMAINING 109 ACRES OF THE GREENE TRACT
WHEREAS, Orange County and the Towns of Carrboro and Chapel Hill acquired
the 169 acre property known as the Greene Tract in 19$4 as an asset of the joint.
solid waste management system; and
WHEREAS, title to 60 acres of this property was deeded exclusively to Orange
County in 2000 under provisions of the 1999 interlocal "Agreement for Solid
Waste Management"; and
WHEREAS, under the same interlocal agreement the County and Towns agreed
to bargain in good faith during the two year period following the effective date of
the agreement to determine the ultimate use or disposition of the remaining 109
acres of the Greene Tract; and
WHEREAS, the end date of the "bargaining period" as defined in the agreement
is April 17, 2002, the second anniversary of the date upon which the County
assumed ovErall responsibility for solid waste management in Orange County;
NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of
Commissioners does hereby affirm the general intended uses of the Greene
Tract to include open space, affordable housing, school sites, non-solid
waste public purposes (note: BOCC to identify which of these uses are
included in the approved resolution); and,
BE IT FURTHER RESOLVED THAT the Orange County Board of
Commissioners does hereby affirm the following points as the process to be
pursued jointly with the Towns of Carrboro and Chapel Hill to resolve the
disposition of the remaining 109 acres of the Greene Tract:
• All three governing boards adopt a formal resolution affirming the general
proposed uses of the property
• Jointly appoint a working group comprised of two elected officials from each
of the three entities
• Each Manager assigns specific staff to support the work group in planning
different options, consistent with the general direction from the three
governing boards
• Hold a public forum on the general uses affirmed by the three governing
boards during the early part of the process
• Consider the use of consultants to assist in developing a realistic site analysis
and preliminary land use plan
DRAFT
• Refer the options developed to each of the three jurisdictions' Planning
Boards for comment
• Try to develop options that provide as much specificity as possible (e.g.
roadbeds, utility lines, drainage, building footprints, buffers, etc)
• Target completion of the work group recommendations during September -
October 2001
• Target reaching agreement among all three governing boards an the
disposition of the remaining 109 acres between October -December 2001
This, the 1St day of May, 2001.
4.
Stephen H. Halkiotis
Chair
Agreement to Amend the Agreement
for Solid Waste Management
Orange County and~the Towns of Carrboro, Chapel Hill and
Hillsborough hereby agree to amend the"Agreement for Solid
Waste Management.°
7.. By deleting the paragraph identified as "Ac re
o ert ." in Part l and rep~,acing it with the following: •
~~=e Prey The County shall acquire• real and
personal property as it deems appropriate for System
•purposes. There• shall be •no restrictions on the County~s
acquisition of ~ additional.•-acreage at the existing
landfill. The Parties-acknowledge sad support the County's
position that as operator of solid .waste operations, it
may, despite diligent efforts to explore alternatives;
settle .upon the area on and proximate to the existing
•closed landfill site oa Eubanks Road as the location for
additional solid waste facilities. The County•states its
current intention not to acquire, and its recommendation
that future County Governing Boards not acquire, any of
the properties. known, as the Blackwood sad Nunn properties
for System puxposes.
2. By deleting the paragraph identified as "Lffective
date." in Part 1 sad replacing it with the following.:
•~ffect3.ve date. The County will assume solid waste
management responsi'~ility on the•first day of the second
. Orange-County emplb~.ee pay period that follows the~laat
co}npleted of the f~~lowiag two events: (1) the•approval.by
• the ~ governing boa~~ of sad the execution of the Agreement
to Amend the Agreement fvr Solid Waste Management by the
. current owners of•'the System; (2) Agreement on the
boundaries of tkie property described in Exhibit F by the
Gree~ae Tract Owners, The date the County.aasumes solid
_. waste management responsibility is the effective: date of
- this Agreement. The Parties shall take actions provided-
~for in this Agreement, or which may otherwise be necessary
or appropriate, in a timely fashion to permit the County's
. assumption of solid waste responsibility on the effective
- date.
3. Sy deleting part 5 sad replacing it with the
following:
5. The Greece Tract will remain a landfill asset. Sixty
acres of the Greene Tract will be reserved far System
--
6
purposes, and -the three owners will work together to
deteraiiae tlie~ ultimate use of the remainder.
The Parties agree that the Greece Tract remains a
landfill asset .
Chapel Hill, Carrboro and the County (the "Greene
Tract Owners") wall transfer~to the County title to that
portion of the Greene Tract described on Exhibit E, which
contains approximately sixty acres. The County may use the
property described on Exhibit E for System purposes. The
County states its current intention not to boxy mixed
solid waste or construction cad demolition waste on any
portion of the •Greene Tract. The County states its
recommendatioa,to future County Governing Boards that the'
County make• no such burial. The deed to this property will
include a =estri~tioa prohibiting the use of the'property
described on Exhibit E for burying mixed solid waste or
construction and demolition waste.
The Greene Tract Owners agree to bargain together in
good faith and~with all due diligence, and to use .their
respective best efforts, to determine 'an ultimate use or
disposition of the remainder of the Greene .Tract as soon
' as possible and in any event by December 31, 2001, or two
years after the effective date, whichever is later. During
this `*bargaining period, no .Greene Tract Owner shall make
nay use o~ the remaining portion of the Greene Tract
without the consent of the other Greene•Tract Owners.
~~
' 'The Greene Tt'act Owners agree that among the issues
to be~.addressed ~n the bargaining process are' (].) the
,specific future ue~$, or~ranges of use, to be made of the
remainder of ~' the,~~ Greene Tract (including issues of
devoting different.~~~portions to different uses, devoting
portions to public-uses and the ,possibil,ity of making
portions available for Bale' or private use), and (2)
whet~ier to impose specifid •. use restrictions, either
through deed restrictions or through governmental
regulation. The Greene Tract Owners agree that during the
. "bargaining period" each should provide opportunity for
. pub~,ic~ comment oa possible or proposed uses 'or
~- dispositions. '
During the "bargaining period," no Greene Tract Owner
shall (1) file any legal. action or proceeding to force any
sale or division of the Greene Tract, or (2) enter into
any agreement to sell, mortgage or otherwise transfer all
or•~any part of its ownership interest in the Greene Tract,
` ~ in either case without the consent of the other Greene
Tract Owners. To the extent permitted by law,. Chapel I3i11
agrees not to initiate any 'proceeding to rezone any
portion of .the Greene Tract during the "bargaining.
period," without ths- consent of 'the other Greene Tract
.Owners. Chapel Hill states its current intent to
accommodate any agreed-upon future uses or range- of uses
of the rema.iader~of the Greene Tract in its Development
• Code/Ordinances and states its recommendation to future
Chapel Hill Governing Boards to the same effect.
.After the "bargaining period" is completed, namely,
the~,day after the last day-of the bargaining period, ao
Greene Tract Owner shall (1) file any 'legal action or
proceeding to force any•sale or division of the Greece
Tract, or (2) enter into any-agreement to. sell, mortgage
or otherwise transfer all or any ~~ part ~ of ~.ts ownership
interest in the. Greene Tract, is either case without
giving the other Greene Tract Owners at least 60 days
prior notice of such filing or entering into an agreement.
In addition, after the 'bargaining period" is~ completed,
nay Greene Tract Owner may give 60 days' prior notice of
an election to be no longer bound by the above
restrictions pertaining to the uses of and whether to
impose use restrictions' on the remainder of the Greene
Tract, and such election shall be effect~.ve at the cad of
the notice period. -. .
The Parties agree that any non System use of any
. ~ 'portion of the rem~;iader of~the Greene Tract or any .
. disposition of nay ~ortion.of the remainder of the Greene
Tract shall result:'"n paYment•to the County of the -
Reimbursement Amour~~~for deposit 3.n the System enterprise
fund. ~.•~•
• ~~•
4. By replacing the date in the first paragraph of Part
7 with the•followiag: "one month after the effective date~of
this Agreement." _
5. By amending subsection (c) of the "Members; Ter~tts"
provision of Exhibit C to the Agreement to read as.follows:
(c) The first year of the term of each initial member
of the Advisory Board shall be deemed to expire on June
30, 2001. Thereafter, each year of the term of an Advisory
Board member will run from July 1 through the subsequent
June 30, but each member shall continue to serve until
such members successor has been duly appointed and
qualified for office.
7
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~- 8
2N WITNESS •~WHEREOF•, Orange County has caused this
Agreement to Amend the Agreement for Solid Waste Management to
be executed in its corporate. name. by its duly authorized
officers. ..._
~er~sn;~ ar.®~ ~ ,.
t
.' ~ '~ORANC~S COUNTY,
`~* ~/
By:
Baird o~
Date Approved by
Governing Soard
~•CAROLZNA
sus a~ Noax$ cr~ar.~-, oa~~ caa~ ~ ~ .
f, a Notary Public of such; County and State, certify that ~a l" and
v~ L ~ ersonally came before me this day aad.acknowledge~i that th axe the
Chair Cl k, respectively, of the Board of Ge~nissioners of orange Gouaty, North ..
Carol3.na, and that by authority duly gives and as the, act of Orange Gauaty, Narth
Caxolina,~ the fore~oiag instrument was signed ~ the Gouaty's Heine by such Chair, .
sealed with its corporate seal sad attested 7~y such Clerk.
NTTNSSS my head sad official stamp ar seal, this ~ da~- of ~.,
2000.
[SEAI+]
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Notary public
rsy coianj.ssian expires: ~a~~_ •
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DRAFT apr~i 200,
A POTENTIAL FRAMEWORK FOR DETERMINING THE DISPOSITION OF
THE REMAINING 109 ACRES OF THE GREENE TRACT
One element of the interlocal agreement on solid waste management consummated in
September 1999 was the transfer of 60 acres of the Greene Tract (owned jointly by Orange
County and the Towns of Carrboro and Chapel Hill) to Orange County as a condition for the
County's assumption of overall solid waste management in Orange County.. The interlocal
agreement established parameters that would impact the manner and terms under which
some or all of the partners might divest themselves of their respective interests in the
remaining 109 acres of the Greene Tract. Further, the agreement established a timeframe
for the partners to try to resolve the ultimate disposition of the remaining property --within two
years of the County's assumption of responsibility - by April 2002.
The following suggested process for resolving the Greene Tract disposition was developed
largely on the basis of discussion in late November 2000 between Chair Moses Carey of the
Orange County Board of Commissioners, Mayor Mike Nelson of Carrboro, and. Mayor
Rosemary Waldorf of Chapel Hill. General uses discussed for some portion of the property
include open space, affordable housing, and school sites. The suggestion was made that all
partners specifically indicate the intent not to use any portion of the remaining 109 acres of
the Greene Tract for solid waste purposes.
• All three governing boards adopt a formal resolution affirming the general proposed uses
of the properly, as mentioned above, and the proposed process
• Jointly appoint a working group comprised of two elected officials and the Planning Board
chair and vice-chair from each of the three entities -large enough to develop diverse
options while small enough to work efficiently
• Each Manager assigns specific staff to support the work group in planning different
options, consistent with the general direction from the three governing boards
• Include plans to hold a public forum on the general uses affim~ed by the three goveming
boards during the early part of the process
• Consider the use of consultants to assist in developing a realistic site analysis and
preliminary land use plan
• Refer the options developed to each of the three jurisdictions' Planning Boards for
comment
• Try to develop options that provide as much specificity as possible (e.g. roadbeds, utility
lines, drainage, building footprints, buffers, etc) -this is an area where consultant
expertise could be most helpful
• Target completion of the work group recommendations by October 2001
• Target reaching agreement among all three goveming boards on the disposition of the
remaining 109 acres between February -April 2002
^Reimbursement Amounts means, (1) is the case of disposition to a~ 10
Worth Carolina local government that is also a Fartiy, so long as that
government devotes the transferred par~ioa to public purposes, (a)
$608,823, being the original purchase price of the Greene Tract,
multiplied (b) by a fraction, the .numerator o•f which is the number of
whole acres of the Greene Tract being disposed and the denominator of
which is 169, plus (c) uncompouaded interest on the product of (a) and
{b) at the annual rate of 6.00 from March .30, ].984, to the effective
date of any disposition, and (2) is the case of any other disposition,
the greater of either (a) the Reimbursement Amount to a North Carolina
local government that is also a Party,, or (b) the net proceeds of a
sale after -the casts of the sale are paid.
"SoZid Waste" means all materials accepted by the County far
disposal at System Management Facilities, as the same may be
established and amended from time to time under the Solid Waste
Management Plan and Policies (subject ~o, the provisions of Part 2
which authorize the County to refuse t+o~• accept far disposal any
material or substance which ,the Coux~,ty rea~oaably determines is barred
from such disposal by any applicable ~7.aw or regulation or the
restrictions of any permi.t), other than Cotanty Recyclables.
:y
"BoZ~d Waste Managemeat:PZaa and Poli,c~tes" means, the combination
of (a) the Integrated Solid Waste Management Plan, and all future
modifications of that Plan, which is the report submitted pursuant to
law to State authorities describing the long-term play for solid waste
management, which the County, as designated lead agency, files on
behalf of the County .and the Towns, and (b) the Solid Waste Management
Policies, which are, collectively, all policies related to the System
and coordinated solid waste management for the County, the towns and
the persons and organizations in their jurisdictions,• as the same may
exist from time to time (including all such policies in effect .as of
the date of this Agreement)'. The term "Solid Waste~Management Plan and
Policies" thereby encompasses all policy choices, as is effect from
time to time, related to the management and operation of the System.
"State"'means the State of North Catalina.
"System" means all assets, including both real, and personal
property, used from time to time, is the conduct of the functions of
collecting 'and processing-County 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,
"System Debt" means all obligations for payments of principal and
interest with .respect to borrowed money incurred or assumed by the
County in connection with the ownership or operation of the System,
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 "outstaad.iag" at all times after it is
issued or contracted until it is paid.
18
MDSSSCAR6'):JR.,C1vA/R -ORANGE COUNTY COMMISSIONERS
b~EPHEN H. FfALl0077S, V/CE CHAlR P. O . BOX $ 1 s '1
MARGARET W. BROWN
AL.IC$M. GOROON 200 S. CAMERON STREET
BARRrJACaes
HILLSBOROUGH, N.G. 2727$
March 24, 2000
The Honorable Rosemary Waldorf, Mayor
Town of Chapel Hill
306 N, Columbia Street
Chapel Hill, NC 27514
Dear Rosemary:
At our meeting an March 21, 2000, the Orange County Board of Commissioners completed
discussions on the recent biological and cultural surveys of the Greene tract, and reached a
conclusion on the 60 acres of the tract to be transferred to the County under the proposed
interlocal solid waste agreement. Previously, at our meeting on March 14, 2000, the Board of
Commissioners approved an amendment to that agreement that removed rezoning of a 60-acre
portion of the Greene Tract as a condition far transfer of solid waste management responsibility
to the County. In addition, at the regular meeting on March 21, 2000, the Board unanimously
approved a resolution "to withdraw Orange County's support for the rezoning request" for the
Greene tract. The minutes of the meeting will reflect this action, and County Attorney Geoffrey
Gledhill has determined that this action is sufficient to document the County's position on this
matter.
With our actions an these issues, we have tried to maintain the momentum that we have all
worked so hazd to achieve during the past year towazds completing. the reorganization of the
solid waste management structure in Orange County. Our tazget now far the handaver of solid
waste responsibility is Monday, April 17. 7n order to meet that timeline under the provisions of
the amendment to the interlocal agreement we have approved, there would also need to be
agreement from the governing boards of Carrbaro and Chapel Hill by March 31 to the
delineation of 60 acres of the Greene Tract and to the interlocal agreement amendment. As we.
understand it, these are the only remaining policy decisions needed to complete the transfer from.
the Town of Chapel Hill to Orange County. The reason far the lag between final decisions by
the three governing boards and the effective date of the transfer is that County staff will need at
least one full two-week pay period to arrange pay and benefits enrollment, and to carry out
related administrative actions necessary to transfer the Solid Waste Department staff from
Chapel.Hill to Orange County employment, if either or both the municipal governing boards aze
unable to reach agreement with the County on the 60-acre designation and the amendment to the
interlocal agreement by March 31, then we will revise the target date for handover to the start of
the subsequent County pay period, which is May 1.
With regazd to the 60-acre Greene Tract designation, Map 1 (attached) shows the area that
Orange County would like to have transferred to County ownership. This area was selected after
considerable discussion and review of site characteristics, and offers an opportunity to preserve
You Count !n Orange County
(9i9) 245-2130 . FAX(919) 644-0246
important hazdwood forest areas on the tract while also providing for possible rail line access to
the southeast. It is the intent of the current Board of Commissioners that this sixty acres remain
undisturbed.
We have also attached two additional maps showing the general location of the most significant
biological areas from the Biological Resources Survey (Map 2) and a map illustrating the
potential for wildlife corridors on the property (Map 3).
In taking this action, the Board agreed by unanimous motion on two components of its vision for
the entire Greene tract:
When we decide the uses of the Greene tract, we should consider its strategic location in
many contexts -especially in terms of open space to the north (Duke Forest) and greenways
and parks to the south (Booker Creek Greenway/Homestead Pazk and Bolin Creek
Greenway) -and .try to integrate the tract with the surrounding wildlife corridors, parks, and
other open space.
Based on the Triangle Land Conservancy inventory and the Wildlife Corridor Study, and in
concurrence with the Town of Chapel Hill's resolution on parkland preservation for the
Greene tract, the total tract should be preserved as open space and protected to the greatest
extent possible. That includes preservation of the important natural areas, especially
significant hardwood forest areas. These areas contain the most suitable areas for potential
habitat, and include both upland and bottomland hardwood forests. Furthermore, the Greene
tract is the headwaters of the Bolin Creek,, Booker Creek, and New Hope Creek (Old Field
Creek) basins.
Please feel free to contact me or County staff if you have any questions. We look forward to
completing the actions needed for the County to assume solid waste management responsibility,
and to collaborating with you soon in discussions about the future disposition of the remainder of
the Greene tract.
Sincerel
/~
Moses Carey, Tr.
Chair, Orange County Commissioners
Attachments,
Map 1- "Proposed Orange County 60-Acre Transfer"
Map 2 -Primary Natural Areas
Map 3 -Potential Wildlife Corridor/Greenway Connections
Agreement to Amend the Agreement for Solid Waste Management
12
Greene Tract
M~~ ~
Proposed 60-Acre Area for Transfer to County
Legend: -
Proposed 6C-acre County portion
~...~ a
~'~ ~~• ~/ Greene Tract (769 acres)
s ~ Propos®d roads
~h "`a~a ~ ~ ~~ Proposed Trail
rr.~,,,ry„ ,,,~,,,,,~~ ~,,, N Contour lines
Greene Tract "fap2
Primary Natural Areas (hardwoods)
::~. .
Legend:
Primary Natural Areas (hardwoods)
s~~`` '~
~'~ N Greene Trsct (1~9 acres)
:'~ Proposed Trail
*~' "`a"~ N Contour lines
1ti~ C~iVAAw~A
1
Greene Tract M°~'
Legend:
}-:''~ Potential Wildlife Corridors
'' '= N Greene Tract (1fi9 acresf
~.
Proposed Trail
~~ a~a~~- N Contour lines
r"_Ta ~..,,~ «.,~.,.~,~a k., i~v StreAma
Potential Wildlife Corridors