HomeMy Public PortalAbout07-08-2002 Regular Session
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Town
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MINUTES
HILLSBOROUGH TOWN BOARD
July 8, 2002
7:30 PM, Town Barn
The Hillsborough Town Board held a regular meeting on July 8, 2002 at 7:30 PM in the
Hillsborough Town Barn. Present for the Board Meeting were Mayor Joe Phelps, and
Commissioners Frances Dancy, Evelyn Lloyd, Mark Sheridan, Kenneth Chavious and Michael
Gering. Staff present were Town Manager Eric Peterson, Town Clerk Donna Armbrister,
Planning Director Margaret Hauth~ Assistant Town Manager/Public Works Director Demetric
Potts, Town Engineer Kenny Keel, Police Chief Nathaniel Eubanks, and Town Attorney Bob
Hornik
Mayor Joe Phelps called the meeting to order at 7:36 PM.
1. PUBLIC CHARGE
Mayor Phelps read the Public Charge.
2. AUDIENCE COMMENTS REGARDING MATTERS NOT ON THE PRINTED
AGENDA
Ed Clayton, Vice-President of the Eno River Association, addressed the Board and expressed the
Association's concerns with the early drought conditions that this area is experiencing. He
reported that water in the Eno River is already low as are the levels in both Lake Orange and the
West Fork Reservoir. He stated that the Eno River Association looks forward to working with
the Town and appropriate state agencies in a continuing partnership to protect the Eno River and
requested that they be included in the Town's studies and deliberations. A copy of Mr. Clayton's
address to the Board is hereby made a part of these official Minutes as an Attachment.
Hervey McIver addressed the Board and echoed the Eno River Association's concerns with the
River.
3. AGENDA CHANGES & AGENDA APPROVAL
By consensus, the Board approved the Agenda ~ presented with no changes.
4. APPROVAL OF THE MINUTES OF THE JUNE 10, 2002 REGULAR BOARD
MEETING; THE JUNE 11, 2002 SPECIAL MEETING REGARDING THE
STRATEGIC GROWTH PLAN; THE JUNE 24, 2002 SPECIAL MEETING
REGARDING THE PROPOSED W ALMART SUPERCENTER IN THE
HAMPTON POINTE DEVELOPMENT; AND THE JUNE 25, 2002 SPECIAL
MEETING REGARDING THE ADOPTION OF THE FY03 BUDGET AND
QUESTION & ANSWER SESSION REGARDING THE PROPOSED
W A TERSTONE DEVELOPMENT
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Upon a motion by Commissioner Lloyd, seconded by Commissioner Dancy, the Board moved
to approve the Minutes of the June 10, 2002 Regular Board Meeting; the June 11, 2002 Special
Meeting regarding the Strategic Growth Plan; the June 24, 2002 Special Meeting regarding the
proposed Wal-Mart Supercenter in the Hampton Pointe Development; and the June 25, 2002
Special Meeting regarding the adoption of the FY03 Budget and Question & Answer Session
Regarding the Proposed Waterstone Development as presented by a vote of 5-0. The motion
was declared passed.
5. REPORTS
A. Will Atherton will address the Board regarding Out-of- Town Water Rates (15 minutes)
Will Atherton presented an independent water study he conducted. A copy of his presentation
is hereby made a part of these official Minutes as an Attachment.
The Board did not entertain questions but thanked Mr. Atherton for his input.
6. REPORT FROM THE TOWN MANAGER
Town Manager Eric Peterson stated that he had nothing to report.
7. REPORT FROM THE TOWN ENGINEER
Town Engineer Kenny Keel presented a status report on all current water and sewer projects.
8. ITEMS FOR DECISION - REGULAR AGENDA
A. Consideration of a request from Churton Grove to change the phasing of payments for
Water/Sewer Capital Facility Fees for the Multi-Family Section of the Development
Town Manager Eric Peterson presented this Item for the Board's consideration.
Pat O'Neal, representative from Churton Grove, addressed the Board to request a modification
of their Water and Sewer Agreement to allow them to prepay the Tap Fees in their Multi-
Family section in four (50 unit) payments, rather than all 200 units as once.
Upon a motion by Commissioner Sheridan, seconded by Commissioner Gering, the Board
moved to authorize the Town Manager to execute the change in Tap Fee repayment for the
Churton Grove multi-family units as requested by a vote of 5-0. The motion was declared
passed.
B. Mr. Jack Smyre will address the Board to request an earlier date for the second Public
Hearing on the proposed annexation of the Waterstone Development
Jack Smyre, representing the Waterstone Development, appeared before the Board to request
an earlier date for the second Public Hearing.
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By consensus, the Board agreed to hold the second Public Hearing earlier in September to
allow the Planning Board to have enough time to make their recommendation to the Town
Board.
Planning Director Margaret Hauth agreed to research the Battle Courtroom availability for the
week of September 16 and report back to the Board members.
C. Consider approval of the Regulated Recyclable Materials Ordinance
Gayle Wilson from Orange County Solid Waste Management reviewed the Ordinance for the
Board.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to adopt the Ordinance Regulating Recyclable Materials and Licensing the Collection of
Regulated Recyclable Material in Orange County as presented by a vote of 5-0. The motion
was declared passed. A copy of the Ordinance is hereby made a part of these official Minutes
as an Attachment.
Upon a motion by Commissioner Gering, seconded by Commissioner Lloyd, the Board moved
to adopt the Ordinance Authorizing Orange County to Enforce the County Ordinance
Regulating Recyclable Materials and Licensing the Collection of Regulated Recyclable
Materials within the Town of Hillsborough by a vote of 5-0. The motion was declared passed.
A copy of the Ordinance is hereby made a part of these official Minutes as an Attachment.
D. Consider awarding Franchise for Dumpster Collection Service in Hillsborough to
Waste Industries and Authorizing the Mayor to Execute this Agreement
Assistant Town Manager/Public Works Director Demetric Potts presented the Commercial
Waste Collection Franchise for the Board's consideration. He reported that the Commercial
Garbage Collection Alternatives Committee has received and reviewed Commercial Waste
Collection Bid Proposals from Waste Industries, Republic Waste Services, Waste
Management, BFI Waste Industries, and Orange County Solid Waste Management. The
Committee is recommending that the Commercial Waste Collection Franchise be awarded to
Waste Industries. Waste Industries came in as the lowest bidder as well as meeting the
additional requirements listed in the Request for Proposals. A copy of the Bid Proposal Fee
Structure Comparison is hereby made a part of these official Minutes as an Attachment.
Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board
moved to approve the Commercial Waste Collection Franchise Agreement as presented by a
vote of 5-0. The motion was declared passed. A copy of the Commercial Waste Collection
Franchise Agreement is hereby made a part ofthese official Minutes as an Attachment.
E. Consideration of an Ordinance to allow restaurants to serve alcoholic beverages on
sidewalks as part of the dining experience if certain conditions are met '
Town Manager Eric Peterson presented the draft Ordinance for the Board's consideration.
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Dani Black, new owner ofLUEGS, requested that the local business owners be involved in the
process of developing the Ordinance.
Police Chief Nathaniel Eubanks expressed his desire for the Ordinance not to just address
businesses "downtown", but address all businesses within the Town limits. He suggested that
there be specific regulations outlined, and that violation of these regulations result in
revocation of the business' permit.
By consensus, the Board directed the Manager and staff to work with the Town Attorney to
redraft the proposed Ordinance to take these issues into consideration.
F. Discuss and provide direction to the staff regarding enforcement of Exempt Sign
Regulations
Planning Director Margaret Hauth stated that Mayor Phelps has received a number of
complaints about the number of temporary signs in and around Town. In the last few months,
these signs seem to have increased greatly. The Zoning Ordinance designates 15 signs that are
exempt from permitting and some characteristics of signs that are prohibited. The Ordinance
does not currently provide for a time enforcement mechanism. Hauth stated that staff could
prepare an Ordinance amendment to authorize removal of certain signs without notice, which
could be ready for Public Hearing in October, and adoption in November. Hauth also stated
that if the Board saw these signs as a significant problem, staff could take enforcement action
earlier, under the Board's direction, possibly by publishing notices in the local newspapers that
remaining sings on a particular date will be removed and held for pick-up.
By consensus, the Board directed' staff to proceed with the preparation of the Ordinance
amendment for the next Public Hearing and the advertisements.
G. Consider amendments to the "Checklist for Approval and Acceptance of Utilities
Projects"
Planning Director Hauth presented these amendments for the Board's consideration. Hauth
requested the Board adopt the policy changes to provide increased flexibility to the Board
when re~ewing new infrastructure for acceptance.
Upon a motion by Commissioner Chavious, seconded by Commissioner Sheridan, the Board
moved to adopt the amendments to the Checklist for Approval and Acceptance of Utilities
Projects as presented by a vote of 5-0. The motion was declared passed. A copy of the
Checklist for Approval and Acceptance of Utilities Projects is hereby made a part of these
official Minutes as an Attachment.
H. Consider approval of Water Extension Contract for the Cedar Ridge High School
Project
Town Engineer presented the Water Extension Contract for the Cedar Ridge High School
stating that the water facilities for the school have significantly changed since the original
plans in early 2001. These changes in the water system necessitate a Water Extension
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Contract. The Sewer Extension Contract was approved by the Board in February 2001.
Normally the water and sewer contracts would be in one document, but the original proposed
water connections did not require an official agreement.
Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board
moved to approve the Water Extension Contract for the Cedar Ridge High School Project as
presented by a vote of 5-0. The motion was declared passed. A copy of the Water Extension
Contract for the Cedar Ridge High School Project is hereby made a part of these official
Minutes as an Attachment.
I. Approval of a Resolution authorizing the Town Clock Committee to proceed with the
Town Clock Restoration Process
Upon a motion by Commissioner Sheridan, seconded by Commissioner Dancy, the Board
moved to approve the Resolution Authorizing the Town Clock Committee to Proceed with The
Town Clock Restoration Process as presented by a vote of 5-0. The motion was declared
passed. A copy of the Resolution is hereby made a part of these official Minutes as an
Attachment. "
J. Consider approval of a Memorandum of Understanding for Legal Services for FY02-03
with the Brough Law Firm
Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board
moved to approve the Memorandum of Understanding for Legal Services for FY02-03 with
the Brough Law Firm as presented by a vote of 5-0. The motion was declared passed.
K. Discussion Regarding a Mid- Year Retreat/Planning Session for the Town Board
Commissioner Sheridan suggested tabling the mid-year retreat possibly until January. By
consensus, the Board agreed.
Mayor Joe Phelps suggested the Board consider having an Ordinance or Permit Process to
address groups stopping traffic on roads to solicit collections. Town Manager Eric Peterson
stated that the staff and the Town Attorney could draft something for the Board's
consideration. By consensus, the Board directed the Manager to proceed.
9. ADJOURN
Upon a motion by Commissioner"Gering, seconded by Commissioner Lloyd, the Board moved
to adjourn at approximately 9:30 PM by a vote of 5-0. The motion was approved.
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Respectfully submitted,
Donna F. Armbrister, CMC
Town Clerk
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Mayor Phelps and Town Board Members:
Thank you for the opportunity to address the Board. I am Ed Clayton. I serve as vice-president of
the Eno River Association and I am here representing the Association.
The Association and the Town of Hills borough have a long partnership based on our mutual
interest in the Eno River. Many of our members are Hillsborough residents or live very close to
Hillsborough. Several who are also Association board members are here tonight.
We appreciate your support of our activities, especially the things that Hillsborough has done to
protect Occoneechee Mountain and to make the mountain a part of the Eno River State Park.
We are still busy protecting the river. I am pleased to tell you that yesterday we completed our
23rd Festival for the Eno. The proceeds from this year's Festival will go to purchase a 12-acre
tract of land on the river on Dimmocks Mill Road. We have an option on the property and plan to
close in August. I would note that we are already working with Hillsborough to address a sewer
easement that you need across the property.
We, like you, see the early drought conditions that our area is experiencing and are concerned
that our region will see even lower water levels during the balance of the summer. Water in the
Eno River is already low as are the levels in both Lake Orange and the West Fork Reservoir.
We understand the responsibility that you shoulder on behalf of the customers of the
Hillsborough water system. Like you, we are concerned about aquatic life in the river. We
believe that the present minimum flow agreements are based on comprehensive studies of both
the needs of the several entities that withdraw water from the Eno as well as consideration of the
minimum flow needs of the river and the life within the river.
The Association looks forward to working with the Town of Hills borough and appropriate state
agencies in a continuing partnership to protect the Eno River. We request that you include us in
your studies and deliberations.
Ed Clayton, Vice-President, Eno River Association
919-467-1082
ed _ clayton@mindspring.com
July 8, 2002
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ATTACHMENT 5.A
June 18, 2002
Hillsborough Town Board
This is a presentation that I will be presenting at the next Town Board meeting with 3 questions
at the end that I would like to get an answer from each board member. The presentation was
written after I received my first water bill and saw the article in The News of Orange County on
the three options presented.
The high level overview and basic points are:
Topic 1: How much water does a 3 family use?
This is done to see where you can save money on the water expenses
Are these numbers realistic?
Total dollar amount in town and out of town based on this
Topic 2: Overview of cost and comparison different family sizes
This shows how many in town and out of town users there are (Does not look at
"Water only users")
It shows the monthly cost and yearly cost per user in a 3, 4 and 5 family home in and out
of town
Topic 3: Overview of Mortgage cost for "affordable housing"
Cost of mortgage
Comparison of the cost of water to mortgage
Facts based on both data points
Topic 4: Concerns I Issues
"Affordable housing" and out of town rates
The Town's commitment to addressing the long term problem
Rate changes
Topic 5: Questions to the board
Position on improving conditions, in town water rates and thought for town rates on
water and sewer
Cost to in town users at 2%, 3% or 4% and funds generated
The main purpose of this presentation is that the affects of the double rates are considerable. I
am not suggesting or pleading with the board to lower my rates or raise my rates, I am simply
asking the board to address the long term problem, by increasing the in town rates by 2 to 3 % to
allow working capital for unforeseen problem, as the town has seen, and for all town rates to be
addressed in the future. This will clearly distribute a minimum of the burden and show the
board's commitment to resolving the long-term issue,
Will Atherton
162 I Cavell Court
Hillsborough, NC 27278
(919) 732-4790
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Hillsborough Town board meeting
June 18, 2002
Will Atherton
1621 Cavell Court
Hillsborough, NC 27278
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General calculation of water use
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Cover Page
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Figure 1
Number of eo Ie
3
Water Item
Uses I da I erson Total for Month
3 432
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Source: Orange County Environmental Health Division slated the State allocates 60 gallons /person/day Page 3 of 13
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This is a chart created by reading our water meter before and after each
event. I wanted to give an accurate account of water usage per item.
NOTE:
There is no account for mopping the fI oor, cleaning the bath room, etc.
Also there is no account for any
out door activity, such as watering the grass, flowers, washing the car,
or filling a small swimming pool.
I asked the Environmental Health to look over my numbers as I was
getting my well permit and they said that this
is realistic and shows, that the states planning number of 60
gallons/person/day is to low.
Our neighborhood is filled with non-established yards.. .so,
Which Item should we sacrifices? Which item would you?
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Homes that are for sale and/or not "lived in" yet
Mar
April
May
Lot Home 1
$97.04
$320.22
$196.50
Lot Home 2
$72.78
$72.78
$72.78
LotHome3
$72.78
$72.78
$181.95
Model
$72.78
$72.78
$291.12
The market house rm about $73/month during non-watering
and jumps to around $200 per mmth when the weather turns warm
Source: Drees accounting, June 7, 2002
Page 4 of 13
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Note: these are watering the lawn and cleaning, not living in them.
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Cover Page
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Overview of cost and comparison
Page 5 of 13
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Figure 2
Cost for 3 Family in town / out of town
Source: Users totals from Water/Sewer Billing and Collection, Town of Hillsborough as of 06-05-02 Page 6 of 13
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This is a simple view of a 3 family in town and out of town cost.
Total Customers are 4557, with 2337 in town and 2220 out of town,
That means that 49% of your customers reside out of town. The out of
town users will mostly surpass th e in town users this year.
I do acknowledge that these numbers to not take in account if they are
"water only" users.
This is a simple view of a 4 family in town and out of town cost.
The important number here is the monthly and yearly cost for out of
town users.
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Figure 3
Cost for 4 Family in town / out of town
Page 7 of 13
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This is a simple view of a 4 family in town and out of town cost.
The important number here is the monthly and yearly cost for out of
town users.
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Figure 4
Cost for 5 Family in town / out of town
Page 8 of 13
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This is a simple view of a 5 family in town and out of town cost.
The important number here is the monthly and yearly cost for out of
town users.
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Figure 5
Mortgage Conversion Chart
30 Y M rt
Ch M th I P
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ear o [q a q e art on 1\ avmen
6.50 % 7.00 % 7.50 %
$140,000.00 $884.90 $931.42 $978.90
$160,000.00 $1,011.31 $1,064.48 $1,118.74
$180,000.00 $1,137.73 $1,197.54 $1,258.58
$200,000.00 $1,264.14 $1,330.60 $1,398.43
$220,000.00 $1,390.55 $1 ,463.66 $1,538.27
Source: The Herald Sun: Real Estate, section E page E2, June 8, 2002
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This is a simple mortgage chart I got from the Herald Sun for $140K to
$220K
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Figure 6
Mortgage Conversion Chart
7.00%
$140,000.00 $931.42 3 Family 4 Family 5 Family
$160,000.00 $1,064.48
Monthly $131.10 $174.67 $218.34
$180,000.00 $1,197.54 ~ Yearly $1,573.21 $2,096.06 $2,620.00
$200,000.00 $1,330.60
$220,000.00 $1,463.66
Page 10 of 13
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Lets take a look at the Mortgage at 7.00% interest. With the 3 Family, 4
Family, and 5 Family usage.
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Facts about Mortgage vs Water Bill
. 3 Family
. At $140K
. The monthly water bill is equivalent to 14% of a single mortgage payment
. The yearly cost is about 1.7 times the cost of a single mortgage payment
. 4 Family
. At $140K
. The monthly water bill is equivalent to 19% of a single mortgage payment
. The yearly cost is about 2.3 times the cost of a single mortgage payment
. 5 Family
. At $140K
. The monthly water bill is equivalent to 23% of a single mortgage payment
. The yearly cost is about 2.8 times the cost of a single mortgage payment
$140,000.00
Page 11 of 13
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The facts show how important water cost will be on "affordable housing".
What would your family do with an extra $1000 per year?
Would you buy a new grill?, a new toy for your son or daughter?
Or have the neighbors over just because?
Or would you simply pay your water bill?
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"concerns / Issues
. County Commissioners has stated to our developer in our Churton
Grove Homeowners Meetino Minutes, on May 22, 2002 states
. 'the political pressure for "affordable housing" in orange county"
. Currently 216 are planed Ranging from $140K to $225K
. Based on the New Customer Information - Reoardino Hioh Rates by
Eric Peterson states:
. "Newly elected Mayor Phelps, the Town Board, Citizens' Water &
Sewer Advisory Committee, and Town staff are truly concerned
about the burden these high rates are placing on our customers,
especially those on fixed incomes. The Town is committed to
keeping rates as low as possible, .."
. No rate change?
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Churton Grove is building the affordable housing but, the water isn't.
This is a statement that is handed to all out of town users. This is when
I found out about the cost of water
for being a out of town users.... I Looked though the Citizens' Advisory
Water and Sewer Task Force Water and Sewer Report, July 01,
2001. This report lists several issues: "frequent water line breaks,
wastewater collection system be ing aged, waste water plant
outdated, etc..
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After talking with members of the "Citizens' Advisory Water and
Sewer Task Force" it is clear that we can
Leave rates the same and build no surplus to plan on much needed
repairs and out dated equipment. To not
Address this is "demolition by neglect" ( Le. we know we have a
problems but we are taking the "wait and see" approach). This is
also will never address the long te rm solutions or will ever fix the
burden of high rates with
The break even approach on the budget....
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Questions for each town board member:
1. Do you support improving the condition of the water and sewer?
2. Would support leaving out of town rates "as is" and increasing in town by 2 to 3%?
3. What is your view points and thoughts for question 2.
% Increase New charge I "'Monthly cost "'Delta from Yearly funds
1000 qallon normal bill qenerated
2% $12.37 $66.86 $1.31 $36,765.98
3% $12.49 $67.52 $1.97 $55,148.96
4% $12.62 $68. 17 $2.62 $73,531.95
* Based on 5404 gallons usage Page 13 of 13
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Listed in the bottom is the cost based on a % increase.
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AN ORDINANCE REGULATING RECYCLABLE MATERIALS AND LICENSING THE
COLLECTION OF REGULATED RECYCLABLE MATERIAL IN ORANGE COUNTY
SECTION I.
FINDINGS. Orange County, North Carolina does hereby find that:
Orange County has heretofore adopted ordinances governing the storage, transportation,
and recycling of solid waste within the unincorporated sections of County; and
Orange County owns and operates solid waste management facilities as a public
enterprise to protect the citizens of Orange County and the environmental health both within the
unincorporated areas of the County and within the municipalities in Orange County; and
Orange County, Chapel Hill, Carrboro, Hillsborough, and Mebane have heretofore
adopted and followed separate ordinances for the regulation of solid wastes within their
respective jurisdictions; and
Siting and permitting of construction and demolition landfills and sanitary landfills has
become increasingly difficult; the disposal of solid waste and construction and demolition waste
has become increasingly more expensive; and construction and demolition waste continues to be
disposed of through open burning, adding to the increasing air pollution problem within the
County; and
Units of local government are charged by the legislature in N.C.G.S. 9 130A-309.09A(b)
to make a good faith effort to achieve the State's forty percent (40%) municipal solid waste
reduction goal by the year 2006; and .
Orange County has committed itself to recycling recyclable materials, including
construction and demolition waste, as part of its own solid waste reduction goal of 61 % by the
year 2006; and
Construction and demolition waste constitutes approximately one-third (1/3) of the
overall solid waste stream delivered to the Orange County Landfill, at least fifteen percent (15%)
of which is readily recoverable for purposes of recycling, secondary-market salvage, or re-
integration into existing or subsequent projects; and
Orange County has the legal authority under State law, including but not limited to
N.C.G.S. 9 153A-136, 9 153A-445, and 9 130A-309.09B, to enact regulations with respect to the
disposal of solid waste including recyclable material, land-clearing debris that is not sold as
timber or chipped for use onsite or sale, and to provide reasonable penalties and other provisions
for the enforcement thereof,
NOW THEREFORE be it ordained by Orange County as follows:
SECTION II.
PURPOSE AND APPLICATION.
The purpose of this ordinance is to regulate the storage, collection, transportation, use,
disposal and other disposition of regulated recyclable material in Orange County. This ordinance
is adopted pursuant to the authority contained in N.C.G.S. 99 153A-121, 123, 132.1, 136,274-
278,291-293,445, and N.C.G.S. 99 130A-309.01-309.08, 309.09A, 309.09B, 309.09C, 309.09D.
Unless otherwise indicated, this ordinance pertains to all solid waste activity in Orange County.
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SECTION m.
MANAGEMENT OF REGULATED RECYCLABLE MATERIAL;
NO OPEN BURNING OF SOLID WASTE.
1. Regulated recyclable material includes recyclable construction and demolition material,
ferrous and nonferrous scrap metal other than recyclable construction and demolition
material, pallets, corrugated cardboard, and other materials as may be designated as such by
amendments to this ordinance. 1
2. All regulated recyclable material generated in Orange County shall be recycled (1) unless
doing so would pose a threat to public health and safety through exposure to carcinogens and
other toxic substances including, but not limited to, lead, asbestos, fuel oils, gasoline, or (2)
unless the regulated recyclable material is attached to other material, including other
regulated recyclable material, in a way that it is not reasonably possible to separate the
regulated recyclable material into its constituent parts or from non regulated recyclable
material. It is a violation of this ordinance for any person to dispose of regulated recyclable
material except as permitted in this ordinance.
3. Regulated recyclable material shall be disposed of through (1) delivery to a recyclable waste
center, (2) delivery to a licensed collector of regulated recyclable material, (3) reuse, (4) sale
or (5) other means that allow for the safe recycling of the material. Regulated recyclable
material shall be separated from other solid waste unless delivered to a Commingled
Recycling Facility certified as such in the manner provided for in this ordinance.
4. No person shall discard, dispose of, leave or dump any regulated recyclable material on or
along any street or highway or on public or private property, unless such material is placed in
a receptacle, placed at a location designated by the County, Carrboro, Chapel Hill,
Hillsborough or Mebane for the deposit of regulated recyclable material, or otherwise placed
in possession and control of a licensed collector of regulated recyclable material.
5. Transporting or accepting for transport any regulated recyclable material for purposes of
disposal as solid waste or treatment in a manner inconsistent with this ordinance constitutes a
violation of this ordinance
6. Any person collecting or transporting regulated recyclable material for purposes of disposal
at an approved disposal site must do so in a manner that prevents this material from escaping
that vehicle or container used for the collecting or transporting.
7. No person may dispose of solid waste through open burning in Orange County.
8. No person may contaminate regulated recyclable materials so as to make them unrecyclable.
I Additional materials may be added to the list of regulated recyclable materials, including but not limited
to: aluminum, drink boxes, kraft paper, glass bottles and jars, magazines, used motor oil, newspaper, office
paper, scrap paper, plastic bottles including milk jugs, soda bottles, steel and tin cans, telephone directories,
food wastewhen exclusively source-separated for composting, non-reusable wood waste, drywall.
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SECTION IV.
CERTIFYING COMMINGLED RECYCLING FACILITIES.
1. Any facility accepting regulated recyclable materials, commingled with other solid waste
(hereafter "commingled regulated recyclable materials") originating from within Orange
County, must be certified as an approved Commingled Recycling Facility. Any person
wishing to dispose of commingled regulated recyclable materials originating from within
Orange County may only do so by delivery to a facility which has been certified as an
approved Commingled Recycling Facility. In order to be certified as an approved
mended 6/27/02 Commingled Recycling Facility, the facility must make application for certification as an
approved Commin2led Recyclin2 Facility. All applications must be accompanied by a
processin2 fee. The amount of the fee will be set by the Board annually with the
adoption by the Board of the annual bud2et ordinance of Oran2e County. The
application must include documentation that the applicant has must submit
documentation to th€l Department €lxhibiting the follo',>,'ing:
A. a valid North Carolina (1) Solid Waste Landfill, (2) Processing and Recycling, (3) Solid
mended 6/27/02 Waste Transfer, or (9) Composting Facility permit; and
B. One of the following:
(1) the technical ability to separate and market all those materials required by this
ordinance to be recycled by Orange County, or
(2) a documented performance of at least 30% recycling of all materials that the Facility
accepts. Inert debris shall be excluded from the material accepted and from the.
material recycled in the recycling performance calculation.
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2. Certification.
A. A Facility complying with the above requirements shall be certified as an approved
Commingled Recycling Facility by the Department. This certification will be valid for
one year from the date of approval by the Department and must be renewed annually.
B. If the certification application does not meet the requirements of this ordinance, the
notification of denial shall state the reasons that the application was denied. If the
Department denies certification pursuant to this Section, the applicant may request a
hearing with the Department Director. The Department Director shall keep minutes of the
hearing, including all documents that are part of the application and all documents
submitted at the hearing. Within one week after the hearing the Department Director shall
give the applicant written notice of the decision either granting the certification or
affirming the denial of the certification. The applicant may appeal the Department
Director's decision to the Orange County Manager by giving written notice of appeal to
the County Manager within five (5) working days of receipt of the Department Director's
decision. The Manager shall reverse, affirm or remand the decision of the Department
Director to the Department Director based on the minutes of the hearing, including all
documents that are part of the minutes. If the decision of the Orange County Manager is
to reverse the decision of the Department Director, the applicant is deemed certified. If
the Orange County Manager remands to the Department Director, the remand decision
shall direct the matters to be reconsidered by the Department Director on remand.
SECTION V.
LICENSING COLLECTORS OF REGULATED RECYCLABLE
MATERIAL.
I. Any person collecting or otherwise hauling regulated recyclable material within the County
in any vehicle with a gross vehicle weight of nine thousand (9000) pounds or greater must
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obtain a regulated recyclable material collection license ("RM license"). Each vehicle used
by the licensed collector or hauler must be registered with the Department.
2. Applications for an RM license shall be filed with the Department on forms furnished by
Orange County. All applications must be accompanied by a processing fee for each vehicle
that will collect regulated recyclable material. The amount of the fee will be set by the Board
annually with the adoption by the Board of the annual budget ordinance of Orange County.
The applicant shall furnish the following information:
A. Name and address of the applicant and the applicant's business name
B. A list of the equipment possessed, available, or otherwise to be used by the applicant in
regulated recyclable material collection, including motor vehicle license tag numbers;
C. Liability insurance coverage, proved by providing the Department, at the time that the
license is applied for, a certificate of insurance showing coverage in effect at the time of
application;
D. Name and location of facilities where collected regulated recyclable materials are to be
delivered.
3. Before issuing a license pursuant to this section, the Department may inspect or cause to be
inspected all facilities and equipment the applicant plans to use in the regulated recyclable
material collection business. Vehicles and containers used in the collection and transportation
of regulated recyclable material shall be covered, durable, and easily cleaned. They shall be
cleaned as often as necessary to prevent a nuisance and insect breeding and shall be
maintained in good repair. Vehicles shall display, in numbers at least three (3) inches high,
the county license number of the licensee and the license sticker issued by the Solid Waste
Management Department.
4. Issuance of license.
A. The Department may issue the applicant a RM license only when it is found that the
applicant's facilities, equipment, insurance coverage and proposed operating methods are
in compliance with this ordinance and the applicable rules of the Department which
implement this ordinance and that are consistent with it and that the applicant will
perform regulated recyclable material collection and disposal in a manner consistent with
this ordinance. A condition of the RM license shall be that the licensee shall serve every
person in such a manner that the RM licensee does not cause the person served to be in
violation of this ordinance.
B. If the RM license application does not meet the requirements of this ordinance, the
notification of denial shall state the reasons that the application was denied. If the
Department denies a RM license, the applicant may request a hearing with the
Department Director. The Department Director shall keep minutes of the hearing,
including all documents that are part of the application and all documents submitted at
the hearing. Within one week after the hearing the Department Director shall give the
applicant written notice of the decision either granting the license or affirming the denial
of the license. The applicant may appeal the Department Director's decision to the
Orange County Manager by giving written notice of appeal to the County Manager
within five (5) working days of receipt of the Department Director's decision. The
Manager shall reverse, affirm or remand the decision of the Department Director to the
Department Director based on the minutes of the hearing, including all documents that
are part of the minutes. If the decision of the Orange County Manager is to reverse the
decision of the Department Director, the license is deemed issued. If the Orange County
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Manager remands to the Department Director, the remand decision shall direct the
matters to be reconsidered by the Department Director on remand.
C. A license shall be valid for a period of one year from the date of issuance.
5. With each license renewal application, a RM licensee shall submit report to the Department
containing the following information:
A. New and replacement equipment;
B. Identity of all equipment no longer In use by licensee that was listed in original
application for RM license;
C. Total amount of regulated recyclable material collected by type and amount; and
D. The locations to which the regulated recyclable material was delivered.
6. No RM license issued pursuant to this ordinance is assignable.
7. Violations of this ordinance involving collectors of regulated recyclable material include:
A. Collecting or otherwise hauling regulated recyclable material within the County in any
vehicle with a gross vehicle weight of nine thousand (9000) pounds or greater without a
valid RM license constitutes a violation of this ordinance.
B. Regulated recyclable material which is to be delivered to an approved Commingled
Recycling Facility may be commingled so long as all of the material in a given container
is to be delivered to that Facility. Otherwise, placement of regulated recyclable material
into any solid waste container, including the solid waste compartment of a collection
vehicle, for any length of time, constitutes a violation of this ordinance.
C. Transporting or accepting for transport any regulated recyclable material that has not
been separated for purposes of recycling, or which has been commingled with non-
regulated recyclable material or solid waste, unless the material and/or waste is to be
delivered to an approved Commingled Recycling Facility constitutes a violation of this
ordinance.
D. Repeated violations of this ordinance may result in RM license suspension or revocation
as provided in this ordinance.
SECTION VI.
PERMITS FOR THE MANAGEMENT OF REGULATED
RECYCLABLE MATERIALS.
1. Any person applying for a building permit and/or a zoning compliance permit from any unit
of local government in Orange County authorized to issue such permits, shall, prior to
applying for such permits and before construction, demolition, land clearing or other
preparatory activity commences, make application to the Department for a regulated
recyclable material management permit (RM permit) for the management of regulated
recyclable material.
2. The RM permit application shall provide estimates of the amount and types of solid waste to
be generated by the project, the amount and types of regulated recyclable material to be
generated by the project, whether the project requires demolition or deconstruction and the
methods to be employed for disposal of the solid waste and regulated recyclable material
generated by the project.
3. Applications for a RM permit shall be filed with the Department on forms furnished by
Orange County. All applications must be accompanied by a processing fee. The amount of
5
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Amended 6/27/02
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Amended 6/27/02
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C26
the fee will be set by the Board annually with the adoption by the Board of the annual budget
ordinance of Orange County.
4. The Department will review and, within ten (lO) days, make a decision on the RM permit.
The applicant will then be notified of the Department's decision within two (2) working days
after the decision is made.
A. If the RM permit application meets the requirements of this ordinance, a RM permit will
be issued to the applicant. Th€l RM permit is good for one year from the dat€l of issuanc€l
unless the expiration date of the permit is €lxt€lnded by the Department prior to expiration
of the R11 permit, for good cause shown. The RM permit applies only to the project for
which the application was made. The permit shall prescribe the permissible methods of
disposal of regulated recyclable material. If the project requires demolition or
deconstruction not resulting from condemnation under the North Carolina Building Code,
the permit may direct a delay in demolition or deconstruction, not exceeding sixty (60)
days from the issuance of the RM permit, in order for the Department to perform an
assessment of whether and to what extent the structure to be demolished or deconstructed
consists of regulated recyclable materials that can be reasonably recycled.
B. If the RM permit application does not meet the requirements of this ordinance, the
notification of denial shall state the reasons that the application was denied. If the
Department denies a RM permit, the applicant may request a hearing with the
Department Director. The Department Director shall keep minutes of the hearing,
including all documents that are part of the application and all documents submitted at
the hearing. Within one week after the hearing the Department Director shall give the
applicant written notice of the decision either granting the permit or affirming the denial
of the permit. The applicant may appeal the Department Director's decision to the Orange
County Manager by giving written notice of appeal to the County Manager within five
(5) working days of receipt of the Department Director's decision. The Manager shall
reverse, affirm or remand the decision of the Department Director to the Department
Director based on the minutes of the hearing, including all documents that are part of the
minutes. If the decision of the Orange County Manager is to reverse the decision of the
Department Director, the permit is deemed issued. If the Orange County Manager
remands to the Department Director, the remand decision shall direct the matters to be
reconsidered by the Department Director on remand.
C. A permit shall be valid from the date it is issued and shall expire upon the expiration
of the buildin2 permit and/or zonin2 compliance permit issued for the project for
which application was made for a p€lriod of one year from th€l dat€l of issuanc€l.
SECTION VII:
ENFORCEMENT.
The following shall pertain to violations of this ordinance:
1. Double Tip Fee. Any person disposing of regulated recyclable material at the Orange County
Landfill in violation of this ordinance, in addition to being subject to the other remedies
provided in this ordinance, shall pay, for the load or loads disposed of in violation of this
ordinance, double the tip fee in effect at the time of the disposal.
2. Revocation of regulated recyclable material collection licensees.
A. When the Department finds that a RM licensee has violated a condition of the license, the
licensee shall receive written notice of the violation and be informed that if the violation
is not corrected or if another violation occurs within thirty (30) working days the RM
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license shall be revoked. Notice of the revocation shall be by written notice from the
Department delivered or mailed by first class mail to the licensee. Delivery by first class
mail shall be the method of delivery if the licensee cannot readily be served with the
notice of revocation in person. Upon receipt of the revocation notice, the RM licensee
shall stop collecting, transporting, or disposing of regulated recyclable material
originating in Orange County.
B. The Department may reinstate a RM license revoked for a violation of a permit condition
after the revocation has been in effect for thirty (30) working days if the Department
finds that the RM permit conditions causing the violation have been corrected.
C. When the Department finds that a RM licensee has transported or accepted for transport
any regulated recyclable material that has not been separated for purposes of recycling, or
which has been commingled with non-regulated recyclable material or solid waste, unless
the material and/or waste is to be delivered to an approved Commingled Recycling
Facility, the RM license shall be revoked for one year if:
1. the violation has occurred within thirty (30) days of another such violation, or
2. the violation is the fifth such violation to occur within one (1) year.
The holder of a revoked RM license may reapply after one year of the date of revocation
for a new license. Any person whose RM license was previously revoked and who
subsequently received a new license will have that license revoked upon the receipt by
that person of a single additional violation.
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3. Criminal Penalty. Any person violating this ordinance shall be guilty of a misdemeanor
punishable by a fine not to exceed five hundred ($500) dollars or imprisonment for not more
than thirty (30) days, or both. Each day's continuing violation is a separate and distinct
offense. Each violation is a separate and distinct offense.
4. Civil Penalty. Any person who is found in violation of this ordinance shall be subject to a
civil penalty of not to exceed five hundred ($500) dollars as provided herein and as
authorized by N.C.G.S. 9 153A-123. Each violation incident is a separate and distinct
offense.
The Department Director may issue to any person who or that has violated this
ordinance, a citation giving notice of the alleged violation(s) and the civil penalty
imposed. Citations so issued may be delivered or mailed by first class mail to the
person violating this ordinance. Delivery of the citation by first class mail shall be the
method of delivery if the person violating the ordinance cannot readily be served in
person. The following civil penalties shall be assessed for each violation of this
ordinance:
(1) Failure to obtain a regulated recyclable material collection license.
(2) Failure to recycle regulated recyclable material as
defined in this Ordinance.
(3) Failure to obtain an approved RM permit as defined
in this Ordinance.
Number of Prior Amount
Violations
0 $50
1 $100
. 2 $200
3 $300
4 $400
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5 or more
$500
5. Equitable remedies. This ordinance may be enforced by equitable remedies. Any unlawful
condition existing or in violation of this ordinance may be enforced by injunction and order
of abatement in accordance with N.C.G.S. 9 153A-123.
SECTION VIII.
DEFINITIONS.
For the purposes ofthis Ordinance, the following definitions shall apply:
I. Ashes. refuse resulting from the burning of wood, coal, cork or other combustible material
which has no live embers.
2. Board. The Board of Commissioners of Orange County.
3. Bulk material. A tightly constructed metal, plastic or other material container of two (2) cubic
yards or greater capacity and of a design approved by the County manager as being capable
of being emptied by equipment.
4. Clean wood waste. wood waste from construction and demolition activity that is not treated
and free of paint.
5. Collection. The act of removing solid waste (including construction and demolition waste,
land-clearing debris or recyclable materials) from a point of generation to a central storage
point or to a disposal site, and from a central storage point processing center to a disposal site.
6. Construction and demolition waste. solid waste resulting generally from construction,
remodeling, repair, or demolition operations on pavement, buildings, or other structures.
7. Corrugated cardboard. three-layered cardboard material with a middle, wavy layer.
Nonrecyclable cardboard, such as waxed boxes, cardboard adhered to packing material (such
as Styrofoam or wooden or plastic supports) and cardboard saturated with motor oil or
foodstuffs in its normal use before disposal are excluded from this definition.
8. Department. The Solid Waste Management Department.
9. Department Director. The Director of the Solid Waste Management Department.
10. Disposal. The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid
waste into or on any land or water so that the solid waste or any constituent part of the solid
waste may enter the environment or by emitted into the air or discharged into any waters,
including groundwaters.
ll. Food waste. food that has been prepared for human consumption and was not served or
otherwise used for food.
12. Garbage. all putrescible wastes, including animal offal and carcasses, and recognizable
industrial by-products, but excluding sewage and human wastes.
13. Hazardous waste. solid waste, or combination of solid wastes, which because of its quantity,
concentration, or physical, chemical, or infectious characteristics may (1) cause or
significantly contribute to an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported, disposed of or
otherwise managed.
14. Industrial solid waste. all waste generated from factories, processing plants and other
manufacturing enterprises that is not hazardous waste as defined in this section. Such waste
may include, but is not limited to, waste resulting from the following manufacturing
processes: Electric power generation; fertilizer/agricultural chemicals; food and related
productslby-products; inorganic chemicals, iron, and steel manufacturing; leather and leather
products; nonferrous metals manufacturing foundries; organic chemicals; plastics and resins
manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone,
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glass, clay, and concrete products; textile manufacturing; transportation equipment; and waste
treatment. The term does not include mining waste or gas waste.
15. Inert Debris. solid waste which consists solely of material that is virtually inert or that is
likely to retain its physical and chemical structure under expected conditions of disposal,
including but not limited to brick, block, rock, asphalt, and dirt.
16. Landfill. a disposal facility or part of a disposal facility where waste is placed in or on land,
and that is not a land treatment facility, a surface impoundment, an injection well, a
hazardous waste long-term storage facility, or a surface storage facility.
17. Medical waste. any solid waste which is generated in the diagnosis, treatment, or
immunization of human beings or animals, in research pertaining thereto, or in the production
or testing of biologicals, but does not include any hazardous waste identified or listed
pursuant to Chapter BOA, Article 9, of the North Carolina General Statutes, radioactive
waste, household waste as defined in 40 C.F.R. 9 261.4(b)(1) in effect on I July 1989, or
those substances excluded from the definition of solid waste in this Chapter.
18. Municipal solid waste. any solid waste resulting from the operation of residential,
commercial, industrial, governmental, or institutional establishments that would normally be
collected, processed, and disposed of through a public or private solid waste program
management service. Municipal solid waste includes construction and demolition waste and
inert debris. Municipal solid waste does not include hazardous waste, sludge, industrial
waste managed in a solid waste management facility owned and operated by the generator of
the industrial waste for management of that waste, or solid waste from mining or agricultural
operations.
19. Non-reusable wood waste. trees cleared from land for any purpose other than sale as a
commodity or chipping for use on site or for sale.
20. Open burning. The combustion of solid waste as a means of disposal of that waste.
21. Open dump. a solid waste disposal site that does not have the permit or permits required by
law or which does not comply with the rules set forth in this ordinance.
22. Pallet. A portable, wooden platform for handling, storing, or moving materials and packages
used in warehouses, factories, retail and wholesale sales locations and vehicles.
23. Person. a person, group of persons, firm, company, corporation, association, partnership, unit
oflocal government, state agency, federal agency, or other legal entity.
24. Processing. any technique designed to change the physical, chemical, or biological character
or composition of any solid waste so as to render it safe for transport; amenable to recovery,
storage, or recycling; safe for deposit; or reduced in volume or concentration.
25. Project. a planned undertaking of construction, remodeling, deconstruction and demolition.
26. Putrescible. solid waste capable of being decomposed by microorganisms with sufficient
rapidity as to cause nuisances from odors, gases or liquids, such as kitchen wastes, offal and
carcasses.
27. Radioactive waste material. solid waste containing any material, whether solid, liquid, or gas,
that emits ionizing radiation spontaneously.
28. ReRA. The Resource Conservation and Recovery Act of 1976, Pub.L. 94-580, 90 Stat. 2795,
42 U.S.C. 9 6901 et seq. as amended.
29. Recovered material. a material that has known recycling potential, can be feasibly recycled,
and has been diverted or removed from the solid waste stream for sale, use, or reuse. In order
to qualify as a recovered material, a material must meet the requirements ofN.C.G.S. 9 130-
309.05(c).
30. Recyclable construction and demolition material. clean wood waste and metals (except
closed drums and tanks) resulting generally from construction, remodeling, repair, or
demolition operations on pavement, buildings, or other structures.
31. Recyclable material. The term "recyclable material" includes, but is not limited to,
recyclable construction and demolition materials, aluminum, drink boxes, corrugated
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030
cardboard and Kraft paper, glass bottles and jars, magazines, ferrous and nonferrous scrap
metals, motor oil, newspaper, office paper, scrap paper, plastic bottles including milk jugs,
soda bottles, steel and tin cans, telephone directories, yard waste, cooking grease, clean wood
waste, rubble, food waste when exclusively source-separated for compo sting, and other
materials as may be specified by the Board of County Commissioners.
32. Recycling. The process by which solid waste or recovered materials are collected, separated,
or processed, and reused or returned to use in the form of raw materials or products.
33. Regulated recyclable material. The recyclable material as designed in this ordinance as
recyclable material.
34. Regulated recyclable material collector. any person who collects regulated recyclable waste.
35. Scrap tires. a tire that is no longer suitable for its original, intended purpose because of wear,
damage, or defect.
36. Septage. solid waste that is a fluid mixture of untreated and partially treated sewage solids,
liquids, and sludge of human or domestic origin which is removed from a septic tank system.
37. Sharps. needles, syringes, scalpel blades, and other sharp objects generated in the same
manner and subject to the same limitations as medical waste.
38. Sludge. any solid, semisolid, or liquid waste generated from a municipal, commercial,
institutional or industrial wastewater treatment plant, water supply treatment plant, or air
pollution control facility, or any other waste having similar characteristics and effects.
39. Solid waste. construction and demolition waste; regulated recyclable material; hazardous or
nonhazardous garbage; refuse or sludge from a waste treatment plant, water supply treatment
plant, or air pollution control facility; domestic sewage and sludges generated by the
treatment thereof in sanitary sewage collection, treatment, and disposal systems; and any
other material that is either discarded or is being accumulated, stored, or treated prior to being
discarded, or has served its original intended use and is generally discarded, including solid,
liquid, semisolid or contained gaseous material resulting from industrial, institutional,
commercial, and agricultural operations, and from community activities. The term does not
include:
a. Fecal waste from fowls and animals other than humans.
b. Solid or dissolved material in:
1) Domestic sewage and sludges generated by treatment thereof in sanitary sewage
collection, treatment and disposal systems which are designed to discharge effluents
to the surface waters.
2) Irrigation return flows.
3) Wastewater discharges and the sludges incidental to and generated by treatment
which are point sources subject to permits granted under Section 402 of the Water
Pollution Control Act, as amended (p.L. 92-500), and permits granted under
N.C.G.S. S 143-215.1 by the Environmental Management Commission. However,
any sludges that meet the criteria for hazardous waste under RCRA shall also be
considered a solid waste for the purposes of this Article.
c. Oils and other liquid hydrocarbons controlled under Article 21 A of Chapter 143 of the
General Statutes. However, any oils or other liquid hydrocarbons that meet the criteria
for hazardous waste under RCRA shall also be a solid waste for the purposes of this
Article.
d. Any source, special nuclear or byproduct material as defined by the Atomic Energy Act
of 1954, as amended (42 U.S.C. 92011).
e. Mining refuse covered by the North Carolina Mining act, N.C.G.S. 9 74-46 through 74-
68 and regulated by the North Carolina Mining Commission (as defined under N.C.G.S.
9 143B-290). However, any specific mining waste that meets the criteria for hazardous
waste under RCRA shall also be a solid waste for the purposes of this Article.
f. Recovered material.
10
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g. Yard waste.
40. Solid Waste Advisory Board. The policy advisory board of the Board, the County Manager
and the Solid Waste Management Department as described and with membership as provided
in the Agreement for Solid Waste Management among Orange County and the Towns of
Carrboro, Chapel Hill and Hillsborough.
41. Solid waste facility. any publicly owned solid waste management facility permitted by the
State of North Carolina that receives solid waste for processing, treatment, or disposal.
42. Solid waste disposal site. any place at which solid waste is legally disposed of by any
method.
43. Solid waste management. The purposeful, systematic control of the generation, storage,
collection, transport, separation, treatment, processing, recycling, recovery and disposal of
solid waste.
44. Special waste. solid waste that can require special handling and management, including white
goods, whole tires, used oil, lead-acid batteries, and medical wastes.
45. Storage. The containment of solid waste, either on a temporary basis or for a period of years,
in a manner which does not constitute disposal.
46. Structure. any construction, production, or piece of work artificially built up or composed of
parts purposefully joined together.
47. Treatment. any method, technique, or process, including neutralization, designed to change
the physical, chemical, or biological character or composition of any hazardous waste so as to
neutralize such waste or so as to render such waste nonhazardous, safer for transport,
amenable for recovery, amenable for storage or reduced in volume. "Treatment" includes
any activity or processing designed to change the physical form or chemical composition of
hazardous waste so as to render it nonhazardous.
48. Vehicle. any means by which someone or something is carried or transported.
49. White goods. The term "white goods" includes refrigerators, ranges, water heaters, freezers,
unit air conditioners, washing machines, dishwashers, clothes dryers, and other similar
domestic and commercial large appliances.
50. Yard waste. The term "yard wastes" means those organic materials commonly consisting of
leaves, grass, weeds, hedge clippings, yard and garden waste, Christmas trees, pine straw,
branches, small logs, twigs, and all vegetative matter resulting from residential landscaping
activities.
SECTION IX.
EFFECTIVE DATE.
mended 6/27/02 The effective date of this ordinance is October 1, 2002 July 1,2002.
.
Isg:orangecounty\recylable materials ordinance adopted version with 2002 amendments
Adopted 12/11/2001
Amended 6/27/2002
11
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AN ORDINANCE AUTHORIZING ORANGE COUNTY TO ENFORCE
THE COUNTY ORDINANCE REGULATING RECYCLABLE MATERIALS AND
LICENSING THE COLLECTION OF REGULATED RECYCLABLE MATERIALS
WITHIN THE TOWN OF HILLSBOROUGH
THE BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH
RESOLVES:
Section 1.
Chapter 11 of the Hillsborough Town Code is hereby amended to authorize
Orange County to enforce the County Regulated Recyclable Materials Ordinance
within the corporate limits of Hills borough;
Section 2.
All Provisions of any Town Ordinance in conflict with this Ordinance are repealed.
Section 3.
This ordinance shall become effective upon adoption and as it may hereafter be
amended.
The foregoing ordinance having been submitted to a vote, received the following vote and
was duly adopted this 1# day of 5~v ,020fJ 2,... .
Ayes: ~
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COMMERCIAL WASTE COLLECTION
FRANCHISE AGREEMENT
This Franchise Agreement for the collection and disposal of Commercial Solid Waste
Services within the Town of Hillsborough, made and entered into this day of
, 2002, by and between the Town of Hillsborough, a municipal corporation
incorporated under the laws of North Carolina (hereinafter referred to as "Town") and Waste
Industries, Inc. , A corporation under the laws of the State of North Carolina (hereinafter referred
to as " Franchisee"), in accordance with the Town of Hillsborough Ordinance Authorizing, the
Town of Hillsborough to Enter into a Franchise Agreement for the Collection and Disposal of
Commercial Solid Waste within the Town of Hillsborough (the "Franchise Ordinance").
WHEREAS, for consideration of the mutual covenants and provisions herein contained
and the benefits to be mutually derived by the parties upon performance as provided herein, the
parties hereto mutually covenant, agree and contract as follows:
1. DESIGNATION of FRANCHISEE
The Town engages and retains the Franchisee to perform the work as provided in this
Franchise Agreement. The work shall consist of all the staffing, supervision, materials,
equipment, labor and all other items, necessary to complete the work to be performed by the
Franchisee hereunder. The Franchisee shall perform all such work in a competent, qualified,
diligent and efficient manner and in accordance with the terms of this Agreement and the
Franchise Ordinance.
The Town and Franchisee agree the Franchisee, shall contract for the performance of
services authorized by this Franchise Agreement, directly, with private customers on its own
behalf and not on the behalf of the Town. Nothing herein shall constitute or be construed to
create a partnership, agency, joint venture or other similar relationship between the Town and the
Franchisee. The Franchisee agrees that it will not represent to anyone that its relationship to the
Town is other than that of Franchisee under the Franchise Ordinance, and the Town and the
Franchisee may so inform any parties with whom they deal and may take any other reasonable
steps to carry out the intent of this section. The Franchisee shall be fully and solely responsible
for its own acts and omissions and those of its employees, officers and agents.
The Franchisee shall provide such services, set out in this Franchise Agreement and in
the Request for Proposals, to commercial users within the Town of Hillsborough as identified on
a list supplied, and updated from time to time, to the Franchisee.
2. SERVICE DESCRIPTION
HOURS OF OPERATION - Commercial dumpster collection shall take place Monday
thru Saturday. There will be no commercial dumpster collection on Sundays. The
Franchisee's collection schedule shall be consistent with the Town of Hillsborough holiday
schedule, in so far as possible. The Franchisee has the option of beginning collections as early as
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2:30 a.m. so long as it does not affect residential areas and shall end no later than 3 :00 p.m.
unless the Town approves extension of hours in writing. Collection schedules are subject to
Town approval and must cover a period of 1 year.
COLLECTION ROUTES - Collection Routes shall be established by the Franchisee
subject to the approval of the Town through its Public Works Director. Franchisee shall submit a
map designating the collection routes to the Town for its approval, which approval shall not be
unreasonably withheld. The Franchisee may from time to time propose to the Town for
approval, changes in routes or days of collection. Upon Town's approval of the proposed
change, the Franchisee shall promptly give written or public notice to the affected service
locations.
HOLIDAYS - Holidays as observed by the Franchisee will be scheduled accordingly.
The Franchisee's holiday observance does not relieve the Franchisee of its obligations to provide
collection service as provided herein. To compensate for the holidays observed, the work
schedule shall either be moved back one or two days or forward one or two days, depending
upon what day of the week the holiday is observed, so that every scheduled service location
receives its normal level of service. Services shall return to the normal work schedule within
three (3) days of the holiday.
COMPLAINTS - All complaints shall be received directly by the Franchisee and shall
be given prompt and courteous attention. The Franchisee shall be equipped with a locally
accessible (toll free) telephone and qualified attendants as may be necessary to receive and
process complaints and service requests or to receive instructions and directions from the Town
during the hours of 8:00 a.m. through 5:00 p.m. each and every working day during the term of
the contract or renewal thereafter.
All complaints shall be resolved within twenty-four (24) hours of receipt by Franchisee.
The Franchisee shall maintain forms or logs indicating the time a complaint or request is
received, the nature of the complaint or request, and the disposition of same. Such records shall
be available for Town inspection at all times during normal working hours. When complaint is
received on the day preceding a holiday or on a Friday, the Franchisee shall service it no later
than the next working day.
The Franchisee will furnish the Town on a monthly basis:
A. A report of all service locations not served on the regular scheduled serVIce day
during the preceding month and reason (s) service could not be given.
B. A report of all complaints received during the preceding month and the resolution of
these complaints.
The Town requires the Franchisee to make personal supervisory contact to resolve a
service complaint.
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SERVICE REQUEST - Service for special collection of commercial solid waste shall
be received by the Franchisee. The Franchisee will be required to respond within twenty-four
(24) hours upon receipt of notification from the Town or customer.
The Franchisee will receive requests for service to additional service locations not
initially included in the Agreement. The Franchisee will investigate all requests for service and
will make determination of service request and thereupon add these locations to his route.
HAULING - All commercial solid waste hauled by the Franchisee shall be so contained,
tied or enclosed that leaking, spilling, or blowing are prevented. The Franchisee shall be fully
and solely responsible for any cleanup.
ADEQUATE EQUIPMENT - The Franchisee shall provide an adequate number of
vehicles for regular collection services, so that such services are provided in accordance with the
collection schedules referred to in this Agreement are strictly complied with. All vehicles shall
be kept in good repair, appearance, and in a sanitary condition at all times. Each vehicle shall
have clearly visible on each side the identity and telephone number of the Franchisee. The
vehicle shall be equipped with suitable and reliable two-way communications equipment.
REFUSE OWNERSHIP - Title to refuse shall pass to the Franchisee when placed in the
Franchisee's collection vehicle, removed by the Franchisee from a container or removed by the
Franchisee from the commercial business, whichever occurs first.
DAMAGES - The Franchisee shall be solely responsible for all damages to containers
and prmperty resulting from the Franchisee's actions or omissions.
GOVERNMENT AL REPORTING - The Franchisee shall be required to provide the
Town all data requested and deemed necessary by the Town in compliance with the reporting
requirements of the several solid waste management acts of the state and federal governments,
both in effect now and in the future. The Franchisee is expected to be thoroughly familiar with
the reporting requirements stipulated in the respective acts.
3. ASSIGNMENT OF CONTRACT
TRANSFERABILITY OF CONTRACT - Other than operation by law, no assignment
of the Agreement or any right accruing under this Agreement shall be made in whole or in part
by the Franchisee without express written consent of the Town, which consent shall not be
unreasonably withheld. In the event of an assignment, the assignee shall assume the liability of
the Franchisee.
ASSIGNMENT - The obligations of the Franchisee are not to be subcontracted,
assigned, or transferred to any person or organization without first having obtained in writing the
consent of the Town.
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4. VEHICLES, EQUIPMENT AND PERSONNEL
AFFIDA VIT OF ASSURANCE - All equipment proposed to be used in the
performance of this Agreement by Franchisee shall be new and unused or in excellent condition
and a separate Affidavit of Assurance to this fact shall be given to the Town prior to execution of
this Agreement.
QUALIFIED PERSONNEL ASSIGNMENT - The Franchisee will assign a qualified
person or persons to be in charge of the operations contracted for and agrees that the information
regarding experience shall be furnished to the Town upon request. The Franchisee's employees
shall carry valid operator's licenses for the type of vehicle they operate for the Franchisee. The
wages of all employees of the Franchisee shall equal or exceed the minimum hourly wages
established by law, and no person shall be denied employment by the Franchisee for reasons of
race, creed, religion, sex, handicap, or national origin. No Franchisee's personnel shall use
unlawful drugs or possess odor of alcohol about their breath while providing service under this
Agreement.
5. TERMINATION OF CONTRACT
TERMINATION FOR CONVENIENCE - On each annual anniversary of the date of
this Agreement and provided sixty (60) days prior written notice has been provided to the
Franchisee, the Town may terminate this Franchisee for convenience and in the sole discretion of
the Town.
TERMINATION FOR CAUSE - In addition to the right reserved to the Town to
Terminate the Franchise Agreement for convenience, the Town may terminate this Franchise
Agreement for cause if the Franchisee:
A. Fails to collect five or more containers on the scheduled day on five or more
occasions during anyone (1) year period where such failures were due to the fault of
the Franchisee; or
B. Fails to respond to a customer's concern in accordance with this contract on more
than two (2) occasions during anyone (1) year period where such failures were due to
the fault of the Franchisee; or
C. Files a voluntary petition for or is adjudicated bankrupt, is subject to the appointment
of a receiver and fails to have the receiver removed within sixty days, has any of its
property attached and fails to remove such attachment within sixty days, becomes
insolvent, or is unable to pay its debts as they become due.
D. Fails to pay the Town any Ad Valorem property taxes or other fees owed to the Town
by their due date.
OPPORTUNITY TO CURE - Prior to termination for cause under this Agreement, the
Town shall give the Franchisee written notice of breach. In the event that the Franchisee has not
cured such breach within fifteen days of the date of such notice, or, in the event of a breach not
capable of being cured within fifteen days of the date of such notice and thereafter proceeded
with due diligence to cure the breach as expeditiously as possible, the Town shall have the right
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to thereafter terminate this Agreement by glvmg written notice to the Franchisee of such
termination and specify the effective date thereof.
TERMINATION BY AGREEMENT - The Agreement may be terminated at any time
by mutual agreement of the parties.
6. TERM
INITIAL CONTRACT TERM - The term of this Agreement shall be for a period of
three (3) years, beginning and effective August 1,2002 and expiring at midnight on July 31,
2005, unless terminated or extended as herein provided.
EXTENDED CONTRACT TERM - The Agreement may be renewed, at the sole
option of the Town, for subsequent one (I) year periods, not to exceed a total of five (5) years,
on the same terms and conditions contained in the original Agreement, except price, which shall
be negotiated for the second and third years of the Agreement and with any an each subsequent
renewal period. The Franchisee must notify the Town in writing one hundred eighty (180) days
prior to the expiration of the initial or extended Agreement term of the Franchisee's wish to
extend this Agreement.
7. INDEMNIFICATION
INDEMNIFICATION - The Franchisee will indemnify an save harmless the Town, its
officers, agents, servants, and employees from and against any an all suits, actions, legal
proceedings, claims, demands, damages, costs, expenses, and attorney's fees to the extent
resulting from a willful or negligent act or omission of the Franchisee, its officer, agents,
servants, and employees in the performance of this Agreement, irrespective of any amount of the
comprehensive liability policy provided; provided, however, that the Franchisee shall be not
liable for any suits, actions, legal proceedings, claims, demands, damages, costs, expenses and
attorney's fees arising out of the award of this Agreement for a willful or negligent act of the
Town, its officers, agents, servants and employees.
8. INSURANCE REQUIREMENTS
INSURANCE - The Franchisee shall at all times during the term of this Agreement
maintain in full force and effect employer's liability, workers' compensation, public liability and
property damage insurance, including contractual liability. All insurance shall be by insurers and
for policy limits acceptable to the Town and before commencement of work hereunder the
Franchisee agrees to furnish the Town certificates of insurance or other evidence satisfactory to
the Town to the effect that such insurance has been procured and is in force. The certificates
shall contain the following express obligation:
"This is to certify that the policies of insurance described herein have been issued
to the insured for whom this certification is executed and are in force at this time.
In the event of cancellation or material change in a policy affecting the certificate
holder, thirty (30) days prior written notice will be given to the certificate holder."
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For purposes of the Agreement, the Franchisee shall carry the following types of insurance in at
least the limits specified below:
A. Worker's Compensation: Insurance covering all employees meeting statutory limits in
compliance with applicable state and federal laws. The coverage must include employers'
liability with a limit of $100,000 for each accident, $100,000 bodily injury by disease each
employee, and $500,000 bodily injury by disease policy limit.
B. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 general
aggregate, products/completed operations aggregate, personal and advertising injury and each
occurrence. This shall include premises and operations, independent Franchisees, products
and completed operations, broad form property damage, XCU coverage and contractual
liability. Coverage shall be written on an occurrence basis.
C. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 per occurrence,
combined single limit for bodily injury liability and property damage liability. This shall
include owned vehicles, hired and non-owned vehicles and employee non-ownership.
D. Umbrella/Excess Liability: At the option of the Franchisee, the limits of the primary general
liability, auto liability and employers' liability may be less than stipulated herein, with an
excess policy providing the additional limits needed. This form of coverage must be
approved by the Town of Hillsborough and will only be acceptable when both the primary
and excess policies include the coverage and endorsements required herein.
E. Subrogation Waiver: Bidder agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, that bidder shall look solely to its insurance for recovery.
The Franchisee agrees to furnish proof of existence of said policies to the Town prior to
the effective date of the Agreement. The Town shall be included as additional insured on the
comprehensive general liability and automobile liability policies.
As an alternate to the above, the Franchisee may insure the above public liability and
property coverage under a certificate of self-insurance, issued by the Commissioner of Motor
Vehicles, equal to the foregoing limits ofliability.
9. CHOICE OF LAW; FORUM
APPLICABLE ST ATE LAW - This Agreement shall be deemed made in, and shall be
construed in accordance with, the laws of North Carolina. All claims, actions, or proceedings to
enforce or construe the terms of conditions of this Agreement shall be brought in the Superior
Court of Orange County, North Carolina, which venue shall be exclusive.
In performing this Agreement, the Franchisee shall comply with all federal, state and
local statutes, regulations, ordinances, orders and requirements, as amended and as may be
amended from time to time (hereinafter collectively referred to as "Laws"), including but not
limited to Laws applicable to the collection, hauling and disposal of solid waste and recyclable
materials, and any and all other work of the Franchisee hereunder. Without limiting the
generality of the foregoing, the Franchisee shall comply with all applicable provisions of the
Town's Code of Ordinances and North Carolina Statutes.
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10. FORCE MAJEURE
FORCE MAJEURE - The Town shall not be entitled to terminate this Agreement for
the Franchisee's failure to perform its obligations under this Agreement if such failure is caused
by a catastrophe, riot, war, governmental order or regulation, strike, fire, accident, act of God or
other similar contingency beyond reasonable control of the Franchisee if such failure was not
separately or concurrently caused by any negligent or willful act or omission of the Franchisee
and/or could not have been prevented by reasonable actions on the Franchisee's part; provided
that the Franchisee shall have notified the Town in writing not later than five (5) days after the
occurrence of the event giving rise to such failure on the part of the Franchisee. In such event,
during such failure and notwithstanding anything to the contrary which may be contained in this
Agreement, the Town shall not be entitled to make alternate arrangements, including but not
limited to, arrangements with third party service providers, to provide the services which the
Franchisee is unable to perform.
11. NO JURY TRIAL
NO JURY TRIAL - The Town and the Franchisee waive and will waive trail by jury in
any action, proceeding or counterclaim brought by either of them against the other on any matter
whatsoever arising out of or in any way connected with or related to this Agreement or the
relationship of the Town and the Franchisee under this Agreement.
12. PERFORMANCE OF GOVERNMENT AL FUNCTIONS - Nothing
contained in this contract shall be deemed or construed so as to in any way stop, limit or impair
the Town from exercising or performing any regulatory, policing, legislative, governmental or
other powers or functions pursuant to applicable laws.
13. SEVERABILITY
SEVERABILITY - If any provision of this Agreement or the application thereof to any
person or circumstances shall, to any extent, be or become invalid or unenforceable, the
remainder of this Agreement, or the application of such provision to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and
each provision of this Agreement shall be valid and enforced to the fullest extent permitted by
law.
14. SUCCESSORS AND ASSIGNS
SUCCESSORS AND ASSIGNS - This Agreement shall be binding upon the heirs,
personal representatives, successors and assigns of the parties thereto; provided, however this
provision shall not be deemed to authorize the assignment or other transfer of this Agreement
which may only be accomplished as expressly provided in this Agreement.
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15. HEADINGS
HEADINGS - The headings given to sections or paragraphs of this Agreement are
included for reference only, and shall not be construed to affect the meaning of this Agreement.
16. PERFORMANCE BONDS
PERFORMANCE BONDS - To provide for the faithful performance of the contract by
the Franchisee according to the terms as provided, the Franchisee will either furnish a corporate
surety bond or post with the Town an irrevocable letter of credit in the amount of $56,500, which
equals 150% of an averaged three (3) months tipping fees and maintenance and personnel cost for the
disposal of commercial waste per the scope of work included in the contract and shall be declared
forfeited to the Town as liquated damages for failure to perform the provisions ofthe contract.
17. CHOICE OF LANDFILL AND DISPOSAL METHOD
CHOICE OF LANDFILL AND DISPOSAL METHOD - The Franchisee shall
dispose of all collected solid waste at a landfill or other site approved by the Town during the
term of the Agreement. During the term of this Agreement the chosen landfill for disposal of
solid waste involved in this Agreement will be Orange County Landfill located in Chapel Hill,
North Carolina. The Franchisee will be responsible for the payment of all tipping or similar fees
to Orange County Landfill.
18.
LICENSES AND TAXES PAID BY FRANCHISEE
LICENSES AND TAXES PAID BY FRANCHISEE - The Franchisee shall obtain all
licenses and permits and pay all applicable taxes as required.
19. DISCONTINUANCE OF SERVICE
DISCONTINUANCE OF SERVICE - The Franchisee may discontinue solid waste
collection service at any business for non-payment for service, improper receptacle location, or
illegal and/or hazardous contents in a receptacle, with written notice to the customer and a copy
to the Town. The Town shall indemnify and hold Franchisee harmless from any claim, suits,
damages, liabilities or expenses resulting from the Franchisee's discontinuing service at any
location for these reasons.
20. FRANCHISEE BILLING TO CUSTOMER
FRANCHISEE BILLING TO CUSTOMER - The Franchisee shall bill each customer
for service rendered within ten (10) business days following the end of the month in which the
services were rendered. Such billing shall be based on the rates (Attachment A) and schedules as
set forth in the Request for Proposals and contract documents.
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21. FURNISH PROOF OF FINANCIAL STATEMENT
FURNISH PROOF OF FINANCIAL STATEMENT - The Franchisee will furnish
satisfactory proof of financial responsibility including a financial statement certified by a
certified public accountant and any supplementary information as may be deemed necessary by
the Town and requested by the Town. The Franchisee will furnish at least annually at the end of
the Franchisee's Agreement year a certified financial statement.
22. CHANGES IN CHARTER AND ORDINANCES OF THE TOWN
CHANGES IN CHARTER AND ORDINANCES OF THE TOWN - The validity of
this Agreement, and obligations, duties, privileges, or benetits enforceable against or inuring to
the benefit of Franchisee herein, shall not be affected by any change in the charter or ordinances
of the Town; provided, however, that any change in the ordinances of the Town related to solid
waste collection and disposal that are applicable throughout the corporate limits of the Town of
Hillsborough shall apply also within the service areas affected by this Agreement, and the
Franchisee's compensation may be adjusted for any increased or decreased cost resulting there
from.
23. AUDIT OF RECORDS
AUDIT OF RECORDS - The Franchisee shall cooperate with and permit the Town's
authorized representative to inspect, audit, examine and make copies of all data and records of
the Franchisee relating to this contract. The Franchisee shall maintain all such data and records
from date of this contract throughout the ternl and continuing for a period of three years
thereafter. The Franchisee shall keep and make available, at its local office, all such data and
records pertaining to this Agreement.
24. BILLING DISCREPANCIES
BILLING DISCREPANCIES - In the event any audit or examination made by or on
behalf of the Town pursuant to this Agreement discloses any discrepancy in any data or records
of the quantity, frequency of pickup or solid waste received from customers or the fees charged
to the customers by the Franchisee, then the Franchisee shall immediately refund to the customer
the sum of money overpaid by the customer plus a service fee charge of two percent (2%) per
month of said sum for each month, or prorated for a portion thereof, from the date said sum
overpaid by the customer. Furt rer, in the event any such audit or examination discloses a single
cumulative discrepancy in excess of two percent (2%), then the Franchisee shall immediately pay
the Town the cost of the audit or examination. Said cost of the audit or examination shall
include all direct and indirect salary costs or inspection, materials, supplies, and administrative
overhead as determined by the Town. Notwithstanding anything to the contrary contained in this
Agreement and without prejudice to the other rights and remedies of the Town, the Town shall
have the right to terminate this Agreement in the event any audit or examination discloses an
intentional discrepancy on the Franchisee.
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25. COOPERATIVE EFFORTS
COOPERA TIVE EFFORTS - This Agreement shall be liberally construed in order to
promote a harmonious relationship between the parties with regard to the work to be performed
by the Franchisee. The Franchisee accepts the relationship of trust and confidence established
between the Franchisee and the Town by this Agreement. The Franchisee covenants with the
Town to furnish its best skill and judgment and to fully and effectively cooperate with the Town
to accomplish the purposes and objectives of this Agreement. If a problem arises that this
Agreement does not directly or indirectly address, the Franchisee and the Town agree to work
with one another to determine a mutually satisfactory solution.
26. NOTICES, APPROVALS, AMENDMENTS, WAIVERS
NOTICES. APPROVALS. AMENDMENTS. WAIVERS - All notices required or
permitted by this Agreement shall be deemed to be made on the second business day after being
deposited by certified or registered mail within the United States Postal Service, postage prepaid,
return receipt requested, and addressed as follows:
To the Town:
Demetric A. Potts, Assistant Town Manager/Public Works Director
Town of Hillsborough
101 East Orange Street
P.O. Box 429
Hillsborough, N.C. 27278
To the Franchisee:
Frank E. Lorick, V.P. Central Division
Waste Industries Inc.
3301 Benson Drive, Suite 601
Raleigh, N.C. 27609
or to such other person or address as may be designated from time to time in a notice sent to the
other party for that purpose.
ALL APPROVALS TO BE WRITTEN - Notwithstanding anything herein which may
be to the contrary, all approvals or consents required or permitted pursuant to this Agreement
shall be in writing in order to be considered valid and effective.
ALL AMENDMENTS TO BE WRITTEN - No alteration, amendment, change or
addition to this Agreement shall be binding or either party unless reduced to writing and signed
by each party.
NO WAIVER EXCEPT IN WRITING - The failure of either party to insist upon a
strict performance of any of the terms or provisions of the Agreement, or to exercise any right or
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remedy under this Agreement, shall not be construed as a waiver or as a relinquishment for the
future of such term, provision, right or remedy, but the same shall continue and remain in full
force and effect. No waiver by either party of any term, provision, right or remedy hereof shall
be deemed to have been made unless expressed in writing and signed by the party against whom
the waiver is asserted.
27. ANNEXATION
ANNEXATION AND/OR OTHER ADDITION OR LOSS OF CUSTOMERS - As
to any future annexations by the Town during the term of this Agreement: If the Town's
annexation areas include additional conmlercial businesses, the Town shall provide the
Franchisee with a listing of said businesses. The Franchisee will make available, in conformance
with state and local laws and regulations, the existing level of services within the Town Limits to
the annexed businesses at the prices and schedules contained in the Agreement at that time.
Alternatively, if Franchisee is unable to do so or in the Town's sole discretion, the Town may,
award a Franchise to collect and dispose of commercial solid waste in annexation areas to
another Franchisee.
28. SCOPE OF WORK AND COMPENSATION
SCOPE OF WORK AND COMPENSATION - The undersigned Franchisee, having
carefully read and considered the terms and conditions of this Franchise Agreement, does hereby
offer to perform such services within the Town limits to its commercial businesses, of the type
and quality and in a manner described, and subject to an in accordance with terms and conditions
set forth in the Franchise Ordinance and in this Agreement at the rates set forth in the Request for
Proposals (incorporated herein by reference). Any and all changes in rates proposed by the
Franchisee shall first be submitted to the Town for its approval. The Town shall act upon such
requests for approval within sixty (60) calendar days, and failure by the Town to act within such
period shall be deemed to constitute approval of the requested rate change.
COMPENSATION. INCLUDING MODIFICATION - The Franchisee shall provide
and perform all of the work and service specified herein for the anlOunt indicated in this
Agreement. It is expressly understood that the payment provided for in accordance with this
Franchise Agreement shall constitute full and complete payment to the Franchisee for all
services provided by the Franchisee as specified.
For any second and subsequent years of the term hereof, the Franchisee's and the Town's
rates shall be adjusted upward or downward to reflect changes in the cost of operations as
measured in the Consumer Price Index published in January next preceding the effective date of
the rate increase by the Bureau of Labor Statistics, for Transportation for the South Urban
Region. No adjustment based on CPI changes shaH exceed a ten percent (10%) increase or
decrease from the rates paid in the previous year.
In addition to the above, the Franchisee or the Town may request in writing at any time
that the other party consider additional rate adjustments on the basis of unusual changes in its
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costs of operation, resulting from revised laws, ordinances, changes in disposal charges or other
major factors beyond the Franchisee's and the Town's control.
29. ENTIRE AGREEMENT
ENTIRE AGREEMENT - This Franchise Agreement, along with its attachments
(Request for Proposals and Agreement for Solid Waste Management) supplements the Franchise
Ordinance, and with the Franchise Ordinance, contains and represents the entire and integrated
Agreement between the parties, and supersedes any previous understandings, representations,
commitments or agreements, oral or written. As set forth in the Franchise Ordinance, in the
event there are any inconsistencies between the terms of this Agreement and the Franchise
Ordinance, the terms of this Agreement shall control. There are no promises, agreements,
conditions, inducements, warranties or understandings written or oral, expressed or implied,
between the parties other than as set forth in this Franchise Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized officers.
ATTEST:
TOWN OF HILLS BOROUGH, N.e.
Donna Armbrister, Town Clerk
Joe Phelps, Mayor
ATTEST:
WASTE INDUSTRIES, INe.
Frank E. Lorick, V.P. central Division
This instrument has been pre-audited in the manner provided in the Local Government
Budget and Fiscal Control Act.
Hillsborough Finance Director
12
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Revised 2/ll/2002
CHECKLIST FOR APPROVAL AND ACCEPTANCE OF UTILITIES PROJECTS
C'17
TOWN OF HILLSBOROUGH ENGINEERING DEPARTMENT
Pre-Construction Requirements:
1. Meet with Town Engineer to informally discuss project to coordinate planned improvements (project must
also be coordinated with the Town Planning Director if within Town Limits or ETJ).
2. A Water/Sewer Extension Contract will be required for all water and/or sewer extensions that exceed 1,000
feet total combined length, and/or serve more than 5 units (residential or commercial), and/or require a new
sewage pump station. The contract shall be negotiated with the Town Engineer to the extent possible, and
must be approved by the Town Board to allow the extension.
3. Submit 1 set of plans and specifications (sealed by an NC Professional Engineer) to the Town Engineer that
conform to the Town Specifications and Details (submit additional copies and revisions as required).
4. Upon Town approval, submit permit applications, plans, and. specifications (and other attachments as
required) to the applicable State ofNC and Orange County agencies.
5. Obtain any necessary encroachment agreements or easements for use of property not owned by the developer
or project owner.
6. Pay all water and sewer capital facilities fees for residential projects before construction of the utilities
extension begins. Capital facilities fees for non-residential projects (or portion of projects) shall be due prior
to initiation of service.
7. Receive approval and authorization to construct from all applicable agencies prior to start of construction.
8. For projects within the Town's planning jurisdiction which desire planning authorization to proceed before
constructing required infrastructure, a performance bond equal to 125% of an approved engineer's
construction cost estimate shall be submitted with the Town as beneficiary before planning approval is
granted.
B. Construction Requirements:
&..9. All changes to the approved plans and specifications must be approved in advance by the Town Engineer.
9,.10. All construction shall be performed by a contractor licensed to perform utilities work in North Carolina.
+0-,11. All construction is subject to inspection by Town personnel to determine compliance with requirements.
-l-h 12. The Professional Engineer of record shall have a representative onsite each day that work is performed, or
at a frequency that the engineer deems necessary to certify the project.
-l+.-13. Water service locations must be coordinated with the Town Meter Reader Supervisor prior to installation
(Call 919-732-2104 ext 0 to set up an appointment). All water meters to be located at property line adjoining
public road right-of-way, shall be no deeper than 18" below grade, and shall be grouped in pairs along
adjoining property lines.
-lJ.:14. Submit documentation on pressure tests, vacuum tests, air tests, and sterilization lab results to Town
TOWN OF HILLSBOROUGH
Engineering Department
Utilities Checklist
Page 1 of 1
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Revised 2/11/2002
Engineer.
CJ'18
C. Post-Construction Requirements:
Before the Town will alIow water to flow to the project or permit use of the Town sewer system to serve the project,
Developer shalI complete the folIowing items:
J.4...15. Schedule and perform inspection of instalIed facilities with Town Engineer, contractor, and project
engmeer.
&16. Complete corrections of punch list items found deficient during the initial inspection. If the punch list is
considered to be significant by the Town Engineer, a re-inspection may be required.
+9-,17. Submit to the Town Engineer a Schedule of Values for the utilities construction, which shows the total
cost of utilities construction for the project.
-1-+.18. Submit bond or letter of credit for 10% of utilities constructiop cost (for I-year warranty period from date
of official acceptance).
-1-&,.19. Submit to the Town Engineer three (3) printed copies and one (1) electronic copy (AutoCAD 2000 or
previous version) of the record drawings, together with:
a) the contractor's affidavit that the drawings accurately represent the as-built improvements, and
b) a Contractor's Affidavit and Release of Liens from all subcontractors and materialmen.
+9,.20. Submit to the Town Engineer a certificate of compliance executed by the Professional Engineer of record
indicating that work has been performed in substantial compliance with the approved plans and specifications.
~21. Submit to alI applicable State ofNC agencies letters stating fmal project completion, along with all
required attachments (PE certifications, record drawings, etc.). Submit to the Town Engineer copies of all
letters to the State ofNC.
bh22. Convey to the Town and record or cause to have recorded in the Orange County Registry alI deeds of
easement and plats showing all water and/or sewer easements required to serve the project. Plats must be
signed by the Town Planning Director.
~23. Formally dedicate to the Town all utilities improvements constructed to serve the project.
Upon completion of the above listed items, the Town Board shall consider acceptance of the utilities into the Town system,
and commence the I-year warranty period.
D. End-of-Warranty Requirements:
~24. Schedule and perform end-of-warranty inspection of installed facilities with Town Engineer, contractor,
and project engineer.
24-:-25. Complete corrections of punch list items found deficient during the end-of-warranty inspection.
~26. Schedule and perform end-of-warranty punch list inspection of installed facilities with Town Engineer,
contractor, and project engineer.
27. Upon completion of all outstanding items, to the satisfaction of the Town Engineer, the warranty bond/letter-
TOWN OF HILLS BOROUGH Utilities Checklist Page 2 of 2
Engineering Department
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Revised 2/11/2002
U'19
of-credit will be released and the Town will assume total responsibility for ownership, operation, and
maintenance of the constructed utilities.
E.
Multiple Phase projects
28. For projects where continuing construction may damage accepted infrastructure, 25% of performance bond
amount for the affected infrastructure will be retained during the warranty period rather than 10%.
29. The warranty period for infrastructure in multiple phase projects will extend until fun project completion or
until the affected infrastructure is no longer subject to damage.
30. At the discretion of the Town Board, bond amounts (either performance or warranty) may be released by type
of infrastructure if the approved engineer's estimate is clear as to the dollar amount by type of improvement.
For example, Subdivision X bonded the installation of water and sewer lines, stormwater ponds, streets, and a
playground. The playground, utility lines, and ponds are ready for maintenance acceptance and warranty, but
the roads are being held to the very end. If the engineer's estimate clearly separates the cost for the
playground, lines, and ponds, that amount can be shifted to warranty without releasing the streets.
TOWN OF HILLS BOROUGH
Engineering Department
Utilities Checklist
Page 3 of3
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L:50
NORTH CAROLINA
ORANGE COUNTY
TOWN OF HILLSBOROUGH
WATER EXTENSION CONTRACT
THlS CONTRACT is entered into this --.2tL day of July , 2002, by and
between Orange County Schools (hereinafter the <<Developer") and the Town of-Hillsborough, a
North Carolina municipal corporation (hereinafter the "Town"):
WHEREAS, the Developer proposes to extend the Town water system to serve the new
Cedar Ridge High School on Grady Brown School Road (hereinafter the "Project'); and
WHEREAS, the Developer has agreed to pay certain costs associated with the proposed
extension; and
WHEREAS, at its meeting held July 8 ,2002, the Hillsborough Town Council
authorized the proposed extension subject to execution of this agreement and compliance with its
terms;
NOW, THEREFORE, the Developer and the Town, and the heirs, successors, and assigns
of each of them agree:
(I) Subject to Developers compliance with the terms and conditions set forth herein,
and subject to Developer obtaining any necessary approval from the State of North Carolina or
any other agency or authority, the Town will permit the connection of improvements constructed
for the above-referenced project to the Town water system.
a) The Town reserves the right to refuse to allow connection to or use of the
Town water system (i) when such connection would cause the Town's system or
the operation thereof to be in violation of any applicable state or federal
requirement; or (ii) for reasons not known or foreseen by the Town at the time
this contract was executed that would create a clear and present danger to the
public health or safety. Reasons for refusal to allow connection shall include, but
not be limited to, lack of water supply or lack of capacity of one or more
components of the water or sewer system.
b) The Town's authorization to connect to the Town's water system under this
agreement shall expire if (i) substantial (i.e. more than token) construction of the
project has not begun within two years from the date upon which this contract was
executed; (ii) after construction begins, construction ceases for a continuous
period of at least one year (unless a result of an action by the Town); or (iii) the
extension to be constructed pursuant to this contract has not been connected to the
Town's system in accordance with the requirements set forth herein within. three
(3) years from the date ujxm which this contract was executed.
(2) Nothing in this contract shall be construed as constituting express or implied
approval of the Project by the Town under any applicable Town zoning, subdivision, or other
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L.~l
land use ordinance.
(3) The Developer agrees to comply with or satisfy the following terms and conditions
as well as those set forth in Appendix A and acknowledges that the Town's authorization to
connect the proposed extension to the Town's system is specifically contingent upon compliance
with or satisfaction of the same. If these conditions are not met, the extension agreement will be
rendered riull and void and the developer will need to re-negotiate a new contract for extension
of service from the Town.
A. General Conditions:
1. Unless otherwise explicitly and specifically stated, Developer shall bear the costs
and expenses of all of the obligations and duties created by this contract,
including without limitation, engineering and legal fees incurred by the Town in
connection with the proposed extension
2. The Town will permit the physical connection of the extension to the Town's
sewer system only after all of the conditions set forth in Sections Band C and any
additional conditions appended hereto have been satisfied.
3.
The Town shall maintain the improvements constructed under this contract after
they are dedicated. However, if within one year of the date that the offer of
dedication of the extension constructed pursuant to this contract is accepted,
defects in workmanship or materials are discovered in work done pursuant to this
contract by or for the Developer, the Developer shall see that such defects are
promptly corrected at the Developer's expense.
4. The Town may make or authorize extensions or connections to or from any of the
improvements constructed pursuant to this contract without permission of the
Developer, once the main has been accepted for ownership and maintenance by
theTown.
5. Developer's construction of improvements pursuant to this contract shall not
relieve Developer of the obligation to pay applicable fees under the Town's water
and sewer policies.
6. Developer's construction of improvements pursuant to this contract does not
affect the Town's policy with respect to the fees to be paid to the Town by
property owners other than Developer for connection to the improvements
constructed by Developer pursuant to this contract. Nor shall Developer have any
right to collect fees from persons connecting onto or extending the improvements
constructed under this contract except as specified herein Appendix A.
7.
Water and sewer services which meet minimum State standards will be provided
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B.
C52'
to this development. The Town makes no other warranty as to any particular
water quality, quantity or pressure to be provided.
8.
All fees and charges to be paid pursuant to this contract shall be calculated in
accordance with the fee schedule in effect when the fees and charges are paid.
9. This contract may be assigned by the Developer, but such successor or assignee
shall obtain no rights hereunder until after it has provided the Town with a written
acknowledgment of its obligations and responsibilities under this agreement.
However, this contract is specific to the Project described above and any change
or alteration in the approved intended use, i.e. residential and commercial
development, of such project shall, absent the written consent of the Town, void
this contract.
10. The words "line" or "lines" shall include "main or "mains" unless the contract
otherwise requires. "Sewer" means "sanitary sewer."
11. This contract shall be deemed made in and shall be construed in accordance with
the law of North Carolina. Any dispute between the parties of this agreement may
be referred, at the request of the Town, for binding arbitration through the private
Adjudication Center at Duke University.
Pre-Construction Conditions
1. The Developer shall engage a licensed Professional Engineer to prepare plans and
specifications for the construction of water improvements and/or sanitary sewer
improvements to serve the Project.
2. The Developer shall secure approval of the construction plans by the following
agencies or authorities, to the extent applicable:
Town Engineer/Utilities Director
North Carolina Department of Environment and Natural Resources
North Carolina Department of Transportation
3. The Developer shall obtain any necessary encroachment agreements or easements
for use of property not owned by the undersigned developer or project owner.
4. All water and sewer capital facilities fees for residential projects shall be paid
before construction of the extension begins except as provided herein Appendix
A.
C. Construction Conditions:
1.
Unless otherwise provided in this contract, all construction shall be in accordance
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C53
with Town policy, standards and specifications.
a)
The Town shall designate the size and type of material for all water and
sewer lines.
b) All work shall be subject to inspection by the Town. No line may be
covered up until such inspection has taken place and if any line or facility
is covered up prior to inspection, the Town may require such line or
facility to be uncovered or exposed to view at the developer's expense to
facilitate such inspection.
c) The Town will require any testing to determine that the work complies
with Town standards and specifications. All such testing shall be at the
Developer's expense.
d) The Developer shall provide construction stake out and supervision.
e) An Engineer's representative shall be onsite each day that substantial work
is performed and shall prepare daily logs to be submitted weekly to the
Town Engineer.
f) All construction shall be performed by a contractor licensed to perform
this type of work in North Carolina.
g)
The Contractor shall have a field superintendent onsite at all times during
construction.
2. The Developer shall bear the total cost of all water and/or sewer construction
within the Project and the total cost of all water and/or sewer construction
required to extend service to the project.
D. Post-Construction Conditions:
Before the Town will allow water to flow to the project or permit use ofthe Town sewer
system to serve the project, Developer shall:
1. Furnish the Town two copies ofthe record drawings, together with:
a) the contractor's affidavit that the drawings accurately represent the as-built
improvements, and
b) a certificate of compliance executed by the Professional Engineer of
record indicating that work has been performed in substantial compliance
with the approved plans and specifications.
c)
a Contractor's Affidavit and Release of Liens from all subcontractors and
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(,54
materialmen.
d)
a Performance Bond and/or Warranty from a viable Surety in the name of
the Town of Hills borough for a period of 1 year from the date of
acceptance.
2. Convey to the Town and record or cause to have recorded in the Orange County
Registry all deeds of easement and plats showing all water and/or sewer
easements required to serve the project.
3. Formally dedicate to the Town all physical improvements constructed to serve the
project that is the subject ofthis contract, which improvements shall become part
of the Town water and sewer system and will thereafter be owned and maintained
by the Town.
IN TESTIMONY WHEREOF, the parties hereto have executed this Contract in duplicate
originals, as of the day and year first above written.
ORANGE COUNTY SCHOOLS
TOWN OF HILLSBOROUGH
By:
Brenda Stephens
Board Chairperson
By:
Eric Peterson
Town Manager
ATTEST:
ATTEST:
Secretary
Town Clerk
Donna F. Armbrister
This instrument has been preaudited in the manner required by Government Budget and Fiscal
Control Act.
Finance Director
List of Appendices:
Appendix A
5
,[55
Project: CEDAR RIDGE lllGH SCHOOL
. Developer: Orange County Schools
TOWN OF HILLSBOROUGH WATER EXTENSION CONTRACT
APPENDIX A
Developer agrees to satisfy the following conditions in addition to those set forth in the
WATER EXTENSION CONTRACT before the Town will permit the connection of
improvements constructed for the above referenced project to the Town water and sewer system:
I) The Project consists of construction of a new county high school. The fees for connection of
these services are waived per the Intermunicipal Agreement Between the Town of
Hillsborough, North Carolina and the Orange County, North Carolina Board of Education
dated April 8, 2002.
.
2) Developer shall design, permit, gain easements, and construct all off-site utility
improvements prior to operation of any onsite water utilities. Specific water improvements
to serve the new high school project shall include the following:
a) Abandonment of the existing water line along New Grady Brown School Road
from Orange Grove Road to the entrance of Grady Brown Elementary.
b) New 8" water line along New Grady Brown School Road from Orange Grove
Road to the entrance of Grady Brown Elementary and Cedar Ridge High School.
c) New non-potable water storage tank and non-potable on-site fire protection
system (including meter and backflow protection).
d) New 8" water service line onto Cedar Ridge High School site to proposed water
meters.
3) All off-site and on-site utilities shall be installed per Town Specifications & Details after the
plans are approved by the Town Engineer.
4) The non-potable water storage tank and non-potable on-site fire protection system will be
owned and maintained by Orange County Schools. Facilities beyond each water meter are
owned and maintained by Orange County Schools. Town responsibility for water facilities
extends from the water main along New Grady Brown School Road to the water meter for
each individual service.
END OF APPENDIX A
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ATTACHMENT 8.1
~ f:' S
L~
RESOLUTION
HILLSBOROUGH TOWN CLOCK RESTORATION
WHEREAS, the Town of Hillsborough is determined to proceed as soon as possible with
the full restoration of the eighteenth-century tower clock located in the cupola of the Old
Court House on King Street; and
WHEREAS, this clock, which has not been in working condition for more than a year,
was given to the Town early in the second half of the eighteenth century and for much of
the time since, has been the centerpiece and symbol of the town for residents and visitors
alike; and
WHEREAS, despite an especially tight Town budget for fiscal year 2003, the Board of
Commissioners has set aside thirty thousand dollars for this restoration; and
WHEREAS, the estimate for the full cost of an expert restoration of the clock is sixty
thousand dollars, and the remaining expense will be covered by contributions from the
private sector; and
WHEREAS, Orange County has agreed to restore fully and prepare the Court House
cupola for the return of the restored clock; and
WHEREAS, it is believed that with this tripartite collaboration of Town, County, and
private sector, the Town Clock will be running again for many years to come and ready
to grace the 250th anniversaries of the County in 2003 and the Town in 2004; and
WHEREAS, the intent is to hold a dedication ceremony for the restored clock at which
contributors will be thanked formally, and to place a bronze plaque in the Old Court
House with a statement that the clock was restored in 2002 through the generosity of
contributors with their names listed; and
NOW, THEREFORE, BE IT RESOLVED the Town of Hillsborough Board of
Commissioners authorizes the Town Clock Committee to proceed with the Town Clock
Restoration Process by a means that would assure the completed restoration by 2003.
~6;4o
J e helps,~ayor
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[-57
NORTH CAROLINA
. ORANGE COUNTY
MEMORANDUM OF UNDERSTANDING
1. Parties. The parties to this memorandum of understanding ("memo") are the Town
of Hillsborough (the "Town") and The Brough Law Firm ("Law Firm").
2. Purpose. The purpose of this memo is to set forth the understanding between the
pm1ies concerning the nature of the relationship under which the Law Finn shall serve as the Town
Attorney.
3. Scope of Service. In consideration of the compensation set forth below, Law Firn1
shall continue to perform for the Town all of the legal services required by the Town as set forth
herein. Such services shall include, without limitation, consultation with the Board of
Commissioners and town staff, attendance upon request at the Board of Commissioner's meetings,
and the meetings of other boards, drafting and/or review of ordinances and other documents, and
representation of the Town in litigation. Not included within the scope of covered services are
services customarily perforn1ed by outside bond counsel.
.
4. Services Performed Principally by Michael B. Brough. The paI):ies acknowledge
and agree that the services covered under this memorandum shall 'generally be' p~rformed by or
under the specific direction of Michael B. Brough. However, the full resources of the Law Firn1
shall be available to the Town and other members of the firm may assist the Town when requested
to do so by the Town or when Mr. Brough is unavailable or when it is otherwise cost effective for
the Town to do so. In addition, the Law Finn: may subcontract with other firms or individuals to
have certain services performed for the Town, such as title searches, but the Law Firm shall remain
responsible to the Town for the quality and timeliness of these services. Payment for these
subcontracted services shall be made by the Law Firm and shall be charged to the Town on the Law
Finn's monthly invoice.
5. Compensation. The Town shall pay to Law Fim1 for legal services rendered during
fiscal year 2002-2003 on a monthly basis according to the services perfonned duFing each month.
Monthly invoices shall indicate the number of hours worked and the fees shall be calculated
according to the following rates.
Michael B. Brough $130
William C. Morgan, Jr. $120
G. Nicholas Herman $120
Robert E. Hornik, Jr. $120
.
Ordinary office expense~ shall continue to.be ~harged in accordance with the attached statement.
[58
I.
6. Duration, Termination. This memorandum shall govern the relationship between
the parties for the period July 1, 2002 through June 30, 2003. The relationship established under
this memorandum may be terminated upon ten (10) days written notice by either party. Payment
shall be made for services rendered through the date of termination.
:-"'r.:I~is memorandum of understanding is executed by the parties this a day of
~ ,2002.
BY LL~
Eric Pe erson, Manager
::BR1z7;i6
Michael B. Brough 61
TOWN OF HILLSBOROUGH
ATTEST:
hd6fp-
.
Provision for payment has been made by an appropriation duly made or bonds or notes duly
authorized, pursuant to the Local Government Budget and Fiscal Control Act.
.
C59
COMPENSATION FOR SERVICES
J.
Statements for services rendered by The Brough Law Firm will be prepared at the end of
each calendar month for the work performed during the previous month.
Your monthly statement will consist of two parts: an itemized breakdown of professional
services and a list of expenses and costs advanced.
The professional' services portion of your statement will be based upon the following
hourly rates for the attorneys who work on your case:
Michael B. Brough
William C. Morgan, Jr.
Nicholas Herman
Robert E. Hornik, Jr.
$130.00
$120.00
$120.00
$120.00
Your statement will indicate the services performed and the date, the attorney performing
the services, the hourly rate, and the total. It will also include an itemized list of additional
expenses and costs advanced. These include:
.
Photocopy charges for non-routine copying done for the client outside the office.
.
. Private express mail carriers such as Federal Expres~.
'..-' "
.
Paralegal services at a rate of $50.00 per hour.
.
Law clerk services at a rate of $35.00 per hour.
.
Mileage and travel expenses outside Orange, Durham, Wake & Chatham counties.
.
Filing, service of process, and other fees associated with litigation.
.
Fees for recording deeds and other instruments.
Statements will be mailed by the 10th of each month and are overdue if payment is not
received by the end of that month. Interest at the rate of 1 Yz% per month shall accumulate on
balances not paid within thirty days after the date such balances become overdue.
Any retainer received from you will be deposited in our trust account and used to pay
your monthly statements. To the extent our statements exceed the retainer amount, payment will
be expected as indicated above. If payment in full is not received by the 15th of the month
following the month in which a statement is issued, no additional services will be performed in
your behalf and thereafter services will be performed only if and to the extent that additional
funds are deposited in our trust account to ensure payment of our statements as they become due.
.