Agenda - 10-04-2011 - 8a - Laserfiche WebLink

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2 BACKGROUND: Orange County assumed operational control of solid was#e disposal functions as the result of an August 17, 1999 agreement between the Towns and County (Attachment 2). The location of the landfill and its operations were well established at the time the agreement was consummated. (Elements of the agreement are discussed further its this abstract.) Over many years, residents representing the Rogers Road area complained of various operational elements associated with the landfill. The County and Towns did come together to act upon some of those requests. Those actions included: improved landfill operations, extension of public water lines and limited transit service extensions into the surrounding neighborhood. Improvements fell short of a comprehensive response to the issues raised by the community, but were positive steps taken to address-some more common complaints. At the May 17, 2011 regular meeting of the Board of Commissioners, representatives of the Rogers Road Community presented a list of "Recommended Actions to Mitigate the Long and Short Term Impacts of Orange County's Landfill and Solid Waste Operations on the Health, Safety and Welfare of the Historic Rogers Road -Eubanks Road Community" (Attachment 3). The Board of Commissioners directed staff to pursue a response to that request. This report is ar--. attempt to address a complicated set of issues in a comprehensive manner, and give each item detail, recognizing financial, political and legal constraints on the County impede actions fully in line with all of the requests from the community. The County as the landfill operator does assume a prioritized role in the process, but the Towns and OWASA also have direct involvement. The following summary addresses a number of critical aspects, each important to a final resolution of these matters. May 17, 2011 Recommended Actions (Rogers/Eubank Roads) Reguest/Response WATER SERVICES -The Towns, OWASA and County have conducted a thorough analysis of the Rogers Road area, developing `estimated' costs for providing public water services to the historic Rogers Road community and an isolated area of homes west of Rogers Road located within the town limits of Carrboro (Fox Meadow vicinity). Those estimates are contained in Tables 1,2 and 3 (Attachment 4) and include `all' costs associated with extending public water lines and individual service to the `property line' of each parcel inclusive of connection, availability and meter charges collected by OWASA. Property owners would be responsible for extending water lines from the property line to individual structures. Maps highlighting the areas where water lines exist and need to be extended are provided at Attachment 5. The estimated cost for provision of water services totals $4,077,587. The Towns and County Staffs/Attorneys agree (at this point) that funding these costs from landfill operational revenues is consistent with past actions and is applicable wifh environmental concerns (now or future) that may be linked to the location of the landfill. The financial impact of using landfill revenues is addressed later in this abstract. SEWER SERVICES -Town Staffs/Attorneys conclude that the use of landfill revenues to address the extension of sewer service to the Rogers/Eubanks Road community is not consistent with North Carolina General Statutes and would subject the local governments to legal challenges and potentially substantial liability. Unfortunately, the County must agree with that position. If the County and Towns were to proceed, a third party could challenge the