Agenda - 01-26-2012 - 4 - Laserfiche WebLink

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5 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 v��ere well established at the time the agreement was consummated. (Elements of the agreement are discussed further in this abstract.) Over many years, residents representing the �Rogers Road area complained- of various operational elements associated �nrith the landfill. The County and Towns did come together to act upon some of those requests. Those actions included: improved landfill operations, extensiQn of public water lines and limi�ed transit service extensions into the surrounding neighborhood. tmprovements 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, represer►�atives of the Rogers Road .Community presented a list of "Recommended Actions to Mitiqate the Lonq and Short Term Impacts of Oranqe County's Landfill and Solid Waste Operations on the Health, Safietv and Welfare of the-Historic Roqers Road— Eubanks Road Communitv" (Attach�ment 3). The Board of Commissioners directed staff to pursue a response to that request. This report is an attempt to address a complicated set of issues in a comprehensive manner, ar�d give each item detail, recogn'rzing financial, political and legal constraints on the County impede actions fully ix� Gne with all of the requests from the comrriunity. The County as the landfll 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. Mav 17, 2011 Recommended Actions (Roqers/Eubank Roads) ReauestlResponse WATER SERVICES —The Towns, OWASA and County have conducted a tfiorough analysis of the Ragers Raad area, developing `estimated' costs for providing public water services to the historic Rogers Road communiijr and an isolated area of hames west of Rogers Road located within the town limits of Carrboro (Fox Meadow vicinity). Those estimates are contained in Tables 1,2 and 3 (Attact�ment 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. Properfy 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 eost for provisiofl of water services totals $4,077,587. The Town� and County StaffslAttorneys agree (at this point) that #unding these costs from fandfill operational revenues is consistent with past actions and is applicable wifh environmental concerRS (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 woufd subject the local governments to legal challenges and potentially substantial liability. Unfortunately, the County must agree with that position. If the Couniy and Towns were to proceed, a third parly could challenge the