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HomeMy WebLinkAbout1974-12-11SPECIAL12-11~74 (Special afternoon) Pursuan't to the following notice, which was hand delivered on December 5, 1972, the Board of Supervisors of Albemarle County, Virginia, met in special session at 1:30 P.M. on December 11, 1974, in the County Office Building Conference Room, Charlottesville, Virginia, with the following members: Present: Messrs. Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr., William C. Thacker, Jr'., Gordon L. Wheeler, and Lloyd F. Wood, Jr. Absent: None. Officers present: County Executive and County Attorney. "This is to give notice of special meeting called by Mr. Stuart F. Carwile and Mr. Gordon L. Wheeler for the purpose of discussing the signing of the County/City Landfill Contract." Messrs. Carwile and Wheeler have asked that this meeting be held at 1:30 P.M. on Wednesday, December 11, 1974, in the Conference Room of the County Office Building." The meetin~ was called to order at 1:40 P.M. Mr. Wheeler said the Mayor has signed the agreement for joint operating of the Ivy Landfill and the Board is being asked to approve the agreement today. Mr. Fisher pointed our to the Board that there was one significant change in the contract from the one the Board approved several weeks ago; "Page 3, Paragraph 6" which refers to allocation of costs of the landfill between the City and the County. The method described seems unduly cumbersome Mr. Carwile stated he saw no problem with handling the allocation of cost in the~ manner described. Mr. Batchelor stated this is the only way the jurisdictions can be billed and make sure they are paying for what is being generated in their area. Mr. Wheeler stated that during negotiation of the contract, it was decided that each jurisdiction would pay according to use. Mr. St. John confirmed that for the first year of the landfill operation the City and County will each pay 50% of the operational costs. Mr. Thacker said this agreement represents a compromise that everyone can work with. The agreement is in the best interest of the "Community"; not just the City or the County. Mr. Thacker then offered motion to approve and authorize the Chairman to sign the contract o~ behalf of the County. Second to this motion was made by Mr. Carwile. Roll was called, and the motion was carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAY~$ None. Immediately after rol~ was called, Mr. Gerald Tremblay, representing several persons in the Ivy District who are party to the Landfill suit, asked signing of the Contract by Mr. Wheeler to be held off until he made a statement. He requested.:that (~pecial afternoon) 12-11-74 374 two sentences be inse~d into contract before signing. clients wo~ld no longer ~pose this use of the property. paragraph fOur of the agreement. He said if they are, his First a substitution for P]aragrap~ (4) Such representatives shall consult and agree upon all measures concerning the operation of the landfill site and shall take al'l necessary measures to insure that it is operated in a safe, sanitary and efficient manner in full compliance with all applicable federal, state and local regulations and specifications and with sound engineering principles and safety requirements, this compliance to be in complete effect within 90 days of the execution of this agreemant and to continue until such time as the use of the landfill may be discontinued. ~-,£~er Paragraph 7 City and County agree to immediately provide adequate police patroling of that portion of State Route 637 from its intersection with Interstate Highway 64 to the Ivy Landfill site entranceway during the hours when the landfill is in use to insure that all traffic conforms to established traffic regulations and that all refuse conveyances are adequately covered to prevent littering. Mr. Tremblay stated that these citizens of Ivy are concerned that the road be upgraded immediately and are also concerned about the day to day operation of the landfill. Mr. Wheeler answered Mr. Tremblay's request by sa~gC~t~at the road is top priority and there will be improvements in the operation of the landfill according to State regulations. Mr. Batchelor stated that both landfills have been inspected by the State during the last two weeks and they are now better than state expectations. Mr. Thacker stated that addition to paragraph seven should be discussed with the Sheriff's Department to see if they can comply with the request. Mr. St. John said the record should show that both the City and County Attorney's had confided the convents of this agreement to Mr. Tremblay before it was presented for signing. Although, he has a right to make this request, City Council has alrleady acted on this agreement. If anything is added at this time, the County cannot present this contract to Judge Berry today. He asked that the contract be signed and this proposal be incorporated at a later time. Mr. ~remblay sa~d he'~will~.m~ke.~h~s statement to the Judge. He would like to have his proposals incorporated before the Judge signs the final decree. The text of the Agreement signed is set out below: THIS AGREEMENT, made and entered into this llth day of December, 1974, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation and the BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGZNIA, a political subdivision of the State of Virginia. WITNESSETH: WHEREAS, the City of Charlottesville has attempted for many months to secure a site for development as a sanitary landfill which is both suitable to serve the solid waste disposal needs of its citizens and acceptable to the zoning authorities of the County of Albemarle; and WHEREAS, this search has proven unsmccessfu! and has led to severe differences of opinion producing costly and time consuming litigation which has been burdensome to all parties; and 12-11-74 (Special afternoon) WHEREAS, the Circuit Court of Albemarle County by decree entered June 7, 1974, directed the Board of Supervisors to recon- sider the City's applications for special use permits at certain landfill sites and if the Board failed to grant either of such permits, to propose another landfill site for the City's use; and WHEREAS, pursuant to such decree the County has proposed its landfill site at Ivy for joint use by the City and County, and it appears to the governing bodies of both jurisdictions that this is an acceptable compromise provided: (1) the Court, taking this agreement into consideration, determines that the Ivy landfill site is reasonable; (2) the Court enters a decree incorporating this agreement therein; (3) all parties, including Ivy residents who are intervenors in this case, are bound by such decree; (4) the Court incorporates within such decree a finding that the City of Charlottesville did not make any binding representations that its use of the Ivy landfill would never be permanent; and (5) certain provisions are made for improvement of the operation of the Ivy landfill and for improvement of the highway access available thereto, NOW, THEREFORE, in consideration of the mutual benefits and obligations herein contained the parties hereby agree to the following terms and conditions: 1. This agreement shall become operative, and is conditioned upon, the following: (1) the Court, taking this agreement into consideration, determines that the Ivy landfill site is reasonable; (2) the Court incorporates this agreement into a final decree; (3) the Court enters a decree which will be binding upon all parties including Ivy residents who are intervenors in this case; and (4) the Court incorporates within its decree a finding that the City of Charlottesville did not make any binding representations that its use of the Ivy landfill would never be permanent. 2. Subject to Paragraph 11 hereafter, the City and County shall at the earliest practicable date proceed to acquire fee simple ownership of the land comprising the Ivy landfill site from its present owners by purchase or condemnation, if necessary. 3. Operational control of the sanitary landfill at Ivy, after fulfillment of the-conditions contained in Paragraph 1, shall be immediately vested jointly in the City and County as represented by the City Director of Public Works and County Engineer respectively. 4. Such representatives shall consult and agree upon all measures concerning the operation of the landfill Site and shall seek to insure that it is operated in a safe, sanitary and effi- cient manner in full compliance with all applicable federal, state and local regulations and sound engineering principles. Until certain litigation entitled City of Charlottesville v. Board of Supervisors of Albemarle County is ultimately decided upon appeal, or if no appeal if taken until time to appeal has expired, City and County agree that all major capital expenditures at the Ivy landfill will require the consent of both parties hereto. 5. It is anticipated by the parties that initial operation of the landfill pursuant to this agreement will be performed by City employees using City owned equipment. However, if at a later date it appears disadvantageous for the City to continue use of its own employees or equipment for this purpose, the County agrees to cooperate in securing a contract for operation of the landfill by a third party subject to the supervision and control of the City and County representatives as hereinabove described. 6. For a period of one year following the fulfillmen~ of the conditions contained in Paragraph 1 of this agreement or until such later date as accurate figures on the tonnage of solid waste entering the landfill from each jurisdiction may be available, all operating expenses connected with landfill operations shall be borne equally~ by City and County. The term operating expenses shall include all direct personnel costs, cost of materials and supplies, insurance, amortization of existing equipment and other commodities or services furnished by either County or City in connection with landfill operations. Thereafter, operating expenses shall be borne by City and County in proportion to the respective tonnage being disposed of in the landfill from each jurisdiction. Such proportion shall be recomputed annually on the ~anniversary date of the first such computation. The 375 376 (Special afternoon) 12-11-74 ratio thus annually established shall be applied prospectively vo determine the preliminary allocation of operating expenses between the City and County for the ensuing year, and shall likewise be applied retrospectively to adjust the relative amounts paid by the two jurisdictions for the preceding year. For purposes of this agreemen~ solid waste materials originating from and disposed of by the University of Virginia, its contractors or agents, shall be considered to be part of the solid waste volume of County. 7. City and County agree, subject to Paragraph 11 hereafter, to begin immediately and to proceed with all deliberate speed to secure the necessary improvements to that portion of State Route 637 from its intersection with Interstate Highway 64 to the Ivy landfill site entrance way ~n order to secure safe and convenient access to the Ivy landfill for all vehicles and to protect the safety of other citizens utilizing such highway. Recognizing that construction of such improvements by the Virginia Department of Highways might be subject to unacceptable delays, City and County agree to proceed to secure the necessary contracts for design and construction of said improvements and to acquire the necessary right-of-way in connection therewith subject to such consultation and approval from the Virginia Department of Highways as may be required by law and with a view to eventual acceptance of such improvements into the state highway system. 8. Ail capital expenditures in connection with the Ivy landfill including, without limitation, purchase or condemnation of land, construction of road and other improvements, purchase of new capital equipment and engineering, legal, appraisal or other professional services in conjunction therewith, shall hereafter be borne equally by City and County. 9. Land to be acquired jointly by the City and COunty pursuant to this agreement for use as a landfill site shall not be sold nor shall the interest of either party therein be transferred or assigned without the joint consent of the governing bodies of both jurisdictions and these parties agree to the recording of appropriate instruments setting forth such restrictive convenant following their acquisition of such property. 10. City and County agree that the ivy landfill w~ll be open to receive refuse six (6) days per week, Monday through Saturday, from 8:00 a.m. to 5:00 p.m. with the exception of December 25th. 11. City and County agree that Paragraphs 2 and 7 of this contract will not become operative until certainilitigation entitled City of Charlottesville v. Board of Supervisors of Albemarle County, Case No. 782-C, is finally decided on appeal by the Supreme Court of Virginia.or, if no appeal is taken, until the appeal period has expired. City and County further agree that this agreement shall be considered temporary until the ultimate disposition of said case which is in a manner consistent with the performance of this contract. -IN WITNESS WHEREOF, the Council of the City of Charlottesville and the Board of Supervisors of Albemarle County have caused this agreement to be executed by their respective presiding officers and attested by their respective clerks pursuant to resolution duly adopted at meetings of each such governing body on November 27, 1974, and December 11, 1974, respectively. CITY OF CHARLOTTESVILLE ATTEST: BY Charles Barbour (SEAL) Mayor J. $. Rush, Jr. Clerk of the Council BOARD OF SUPERVISORS OF ALBEMARLE COUNTY ATTEST: Lettie E. Neher BY Gordon L'. Wheeler (SEAL) Chairman Clerk 12-11-74 (Special afternoon) Mr. St. John asked that he be authorized to endorse the FINAL DECREE on behalf df t~.B~ard~'-iM0~on~..t~hiare'fg~c~tYwas~of~ed~b~ Mr~%~rwi~e~sec°nded by M~-~Tha~ker:.~and:~h'e· ~oti6'~,:~arri~d"~y"the ~ol~owi~g-r~cordad ~o~e.. ~YES: Me'ssrs. Carwile, Fisher, Henley, Thacker, Wheeler, and Wood. NAYS: None. Regarding the proposed study of the South Rivanna River Watershed; this proposed study is to be presented for discussion to the Bo'ard of Supervisors and City Council at a meeting to be held at Piedmont Community College at 7:30 P.M. on December 17, 197a. At 2:05 P.M. motion was made to adjourn this meeting until 4:00 P.M., December 11, 1974, by Mr. Fisher, and seconded by Mr. Wood. Motion carried by the following recorded vote: AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood. NAYS: None. Chairman