SUMMARY OF A CLOSED SESSION HELD BY THE CHAPEL HILL TOWN COUNCIL, MONDAY, MAY 18, 1998 AT 11:21 P.M.

Mayor Waldorf called the closed session to order at 11:21 p.m. Council Members in attendance were Flicka Bateman, Joyce Brown, Joe Capowski, Pat Evans, Kevin Foy, Julie McClintock, Lee Pavao and Edith Wiggins. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Assistant to the Manager Ruffin Hall, Solid Waste Director Gayle Wilson, Deputy Town Clerk Joyce Smith and Town Attorney Ralph Karpinos.

Item 1 Property Acquisition

Mr. Horton noted that the Landfill Owners’ Group had asked staff to pursue the identification of sites which could potentially be used as landfill sites. He noted that the logical places where such a facility could be located were very few. Mr. Horton stated that the site being recommended by staff was a very good one and was possibly the last feasible site available for acquisition by the Town. Mr. Horton said that the Town had an opportunity to take an option on this piece of property, and it was important that the Town move with some sense of urgency to acquire the option.

Gayle Wilson noted that a site of between 75 and 125 acres was being sought. Mr. Wilson said that a total five sites were reviewed, with two of these sites having been sold to other parties. Mr. Wilson noted that a third site had subsequently been taken off the market.

Mr. Wilson said that the proposed property was actually two lots, one consisting of sixty-three acres and the other a seventy-acre tract located on Old NC 86. Mr. Wilson said that the proposed site was a good one because of its proximity to the existing landfill, excellent access and reasonable cost. He noted that both property owners were willing to immediately sign option agreements. Mr. Wilson added that the total cost of the property acquisition would be $1.33 million, with funds coming from the Landfill Fund.

Mayor pro tem Capowski asked who would be responsible for issuing a permit for the proposed construction and demolition facility. Mr. Wilson said that Orange County would be responsible for reviewing and issuing any permits. Mr. Karpinos said the option on both lots would cost $20,000, but it would also lock in the price. Mr. Wilson stated that the Town was currently having an appraisal conducted on the property. He noted that the Landfill Owners’ Group could recommend that the option be signed. Mr. Wilson said if the Landfill Owners’ Group recommended not purchasing the property, the $20,000 option fee would be forfeited.

Council Member Brown asked whether parcel fronting on NC 86 was agricultural land. Mr. Wilson said this was correct. Mr. Horton noted that the potential acquisition was a voluntary sale of land.

Council Member McClintock asked why the Greene tract was not an option for construction and demolition facility. Mr. Horton said the three parties involved could not come to an agreement on this matter. Council Member Brown said that the subject property was isolated, fronted on Old NC86, was surrounded by Duke Forest, and was ideal for the intended use. Council Member McClintock said she did not believe that Old NC86 was a safe roadway for handling larger trucks. Mayor pro tem Capowski inquired about the estimated number of additional trucks which would use Old NC 86. Mr. Wilson said staff estimated that between thirty and forty trucks per day would need to access the site.

Council Member Foy said that although the best choice was to expand the current landfill, the Landfill Owners’ Group had ruled this out because it would be necessary to condemn adjoining land.

Mayor pro tem Capowski asked whether the Town had the authority to sign an option agreement without the authority of the other governing bodies. Mr. Horton said he believed that was the case, but the Council needed to be aware of potential problems. Council Member Brown said that the Landfill Owners’ Group would meet in two days, and she would inform them of any Council decisions this evening regarding the construction and demolition facility site.

MAYOR WALDORF MOVED, SECONDED BY COUNCIL MEMBER EVANS, TO AUTHORIZE THE MANAGER TO SIGN THE OPTION FOR ANTICIPATED FUTURE PURCHASE OF THE TWO TRACTS OF LAND.

Council Member McClintock said that she liked the option of expanding the existing landfill and suggested the matter be brought back to the Landfill Owners’ Group. Council Member Brown commented that the Landfill Owners’ Group had decided not to pursue this option. Council Member Foy said that the Council could take the position that purchasing this option was the best course of action. Council Member Pavão said he believed that the Council was going to approve an option on land that they did not really want.

Mr. Karpinos said the subject of this closed session was to discuss the option of purchasing land and it might not be appropriate to list other options. Mayor Waldorf said the option of expanding the current landfill was not a practical option because there was no way to exercise eminent domain options.

Mayor pro tem Capowski asked about the possibility of placing a construction and demolition landfill on the Greene tract. Mr. Wilson said although there were no regulatory obstructions, both the Town of Carrboro and Orange County would need to concur with this course of action. Mayor Waldorf reminded the Council that it had recently voted not to have future solid waste uses on the Greene tract.

Mayor pro tem Capowski asked why the Council was being asked to purchase this property when other parcels of land were available for the construction and demolition facility. Mr. Horton said that the Council was being asked to consider this matter as a way of preserving additional future options.

Mr. Horton said in order to expand the current landfill, it would be necessary to condemn the Blackwood property, and he did not believe that the Town of Carrboro or Orange County would agree to such a property condemnation. Ms. Loewenthal added that Orange County and the Town of Carrboro were against condemnations in general and had stated they did not want a construction and demolition landfill on the Greene tract.

Stating that he did not know whether he wanted to support the purchase of this property, Mayor pro tem Capowski asked if it was possible to possible to acquire the option as a means of buying time. Mr. Horton said the option period was sixty days. Council Member Pavão stated that it was important to have the option in place. Mr. Horton said purchasing the option would buy the Council a sixty-day window of time, with a fixed price of $10,000 per acre, while the Council considered the potential purchase. Mr. Wilson emphasized this is an excellent piece of property in an excellent location, with an estimated facility life of forty years.

Mayor Waldorf restated the motion, which was to authorize the Manager to purchase an option on the property, and to have the Council's representatives to the Landfill Owners’ Group take the Council's comments to its next meeting.

THE MOTION WAS ADOPTED UNANIMOUSLY (9-0), WITH COUNCIL MEMBER MCCLINTOCK NOT PRESENT, BUT NOT HAVING REQUESTED EXCUSAL FROM THE PROCEEDINGS PRIOR TO HER DEPARTURE FOR THE EVENING.

Item 2

Mr. Wilson stated that in talking with the Landfill Owners’ Group, staff had suggested that the most logical of all locations in Orange County for a transfer station would be on property adjacent to land already owned by the Town. He stated that there were two three-acre pieces and one 8-acre piece of land. Mr. Wilson noted that because of problems obtaining a clear title, part of the property would most likely have to be condemned. He said the property would probably cost about $7,500 per acre, with the total cost being less than $140,000.

Council Member Pavão said although it was not possible to build a transfer station on the landfill because of final cap regulations, one could be constructed in buffer areas. Council Member Brown said the Landfill Owners’ Group had agreed that they would not condemn land for a landfill, and she was concerned that they would not change their mind, and added that the need for a construction and demolition waste site was the most critical at this time. Council Member Foy said he did not believe that the Town of Carrboro or Orange County would agree to a property condemnation for any reason.

Mayor Waldorf asked Council Members Brown and Foy how they felt about acquiring these three pieces of property. Council Member Foy said he did not believe it was likely that they could be acquired. He suggested that the Council move forward with the Greene tract as an option. Council Member Brown said she believed that these three pieces of property could be used for landfill purposes, if they were ever made available. She said that politically, it was more likely that the Council could get agreement to use the Greene tract for a transfer station. Council Member Brown said that the Town jointly owned the Greene tract along with two other owners. Council Member Brown stated that she was not sure whether or not an agreement could be reached with Orange County and the Town of Carrboro. Ms. Loewenthal asked if it would be helpful for the Council to relay to the Landfill Owners’ Group the Council’s willingness to enter into a condemnation proceeding. Mayor Waldorf said she was not in favor of using the Greene tract. Council Member Brown said it was important for the Council to keep its options open.

Council Member Foy said he thought the message to the Landfill Owners’ Group should be that the Council wanted to move forward, without outlining specific expectations. Mr. Horton said he believed the Town’s message should be that the Council wanted to move ahead, even if it involved condemnation.

Council Member Brown asked whether the Council it wished for Council Member Foy and herself to express the Council’s willingness to enter into condemnation, with the use of the Greene tract to be revisited. The Council agreed by consensus to this proposed course of action.

The closed session concluded at 12:35 a.m.