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Attachment D 27 <br /> ���.,�� " �°�,, � <br /> r <br /> ORANGE COUNTY <br /> Office of the Count <br /> y P.O. BOX 8181 r� ' �� <br /> Attorney 200 S. CAMERON STREET ��� <br /> HILLSBOROUGH NC 27278 �� �,� <br /> � �,. <br /> ��n �����., <br /> To: Bernadette Pelissier, Chair <br /> Pam Hemminger, Vice Chair <br /> Valerie Foushee <br /> Alice M. Gordon <br /> Barry Jacobs <br /> Earl McKee <br /> Steve Yuhasz <br /> CC: Frank Clifton, County Manager <br /> Donna Baker, Clerk to the Board <br /> From: John Roberts <br /> Date: November 12, 2012 <br /> Re: Rogers Road Area Improvement Funding <br /> I met with the attorneys for Chapel Hill and Carrboro on November 6t" to discuss various proposals <br /> to extend sanitary sewer lines into, and the construction of a community center in, the Rogers Road <br /> area (the "Neighborhood"). I will address the various proposals separately. <br /> USE OF THE $900,000 LANDFILL RESERVES TO FUND SEWER LINE EXTENSION <br /> By law enterprise fund dollars cannot be used for purposes other than the direct and indirect costs of <br /> operating and maintaining the landfill. It is highly unlikely landfill operations could be tied to septic <br /> system failures in the Neighborhood. It is my understanding the $900,000 was generated through <br /> tipping fees rather than reimbursable contributions. Assuming that is the case the $900,000 is a part <br /> of the enterprise fund and may not be used for non-landfill operations related purposes. For these <br /> reasons the Town attorneys and I are in agreement the $900,000 cannot be used for the extension <br /> of sewer lines. <br /> CONTRIBUTIONS TO SEWER EXTENSION COSTS BY THE TOWNS OF CARRBORO AND <br /> CHAPEL HILL <br /> The primary issue for contributions by the Towns to sewer line extension appears to be the limitation <br /> of Town expenditures to their own jurisdictions. Both Town attorneys agreed that in order for the <br /> Towns to fund some portion of the cost of sewer line extensions the sections of sewer lines funded <br /> must be within the Town limits. For this reason annexation of some areas may be necessary. An <br /> additional issue is the requirement that if a part of a planned subdivision is to be annexed the entire <br /> subdivision must be annexed. Because annexation is not a county issue I will rely on the Town <br /> attorneys to further explain other restrictions related to annexation. <br />