Agenda - 09-30-1998 - Additional Information

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2 Vision/Goals A. Commitment to the solid waste goals adopted in December 1995 The Council adopted the goals of December 1995. B. Six principles 1. Enterprise fund operation In previous discussions the Council has agreed on the desirability of operating solid waste management as an enterprise fund. 2. Greene tract In a resolution approved July 2, 1998, the Council stated: "Recognize the need to begin discussions on whether to keep the Greene Tract as publicly owned land and if so, what if any uses would be suitable. Recognize that a decision about the Greene Tract should not delay the transfer of governance. " 3. Acquisition of additional acreage at the current landfill We believe that the jurisdiction which ultimately assumes responsibility for solid waste management should be free to acquire additional acreage as necessary. 4. Need for committed partners We believe that cooperation among committed partners is essential for the success of solid waste management in Orange County. We finther believe that adoption of an Interlocal Agreement would formalize the commitment among the parties. 5. All community benefits to be provided by the landfill fund As we understand it, North Carolina law, as established by both General Statutes and Appellate Court decisions, limits landfill tipping fees to those reasonably necessary to provide the services which the fees are intended to support. North Carolina Court decisions indicate that a municipality may charge fees reasonably associated with operations, depreciation and actual or anticipated capital costs of a public enterprise. A statutory provision expressly states that a County landfill fee "may not exceed the cost of operating the facility. " Based on the advice of the Town Attorney, the Landfill Fund appears not to be an appropriate source of funds for community improvements unless there is some causative relationship between the landfill operations and the water problems experienced by the