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options. He said that if it is the board's pleasure, this meeting topic can be changed to a <br /> discussion of all of the narrowed down options to consider. He said this will be a better time to <br /> get a sense of public comment. <br /> Michael Talbert, Assistant County Manager, outlined the topic and noted the following <br /> attachments included with this item: <br /> • General Statutes 150A-136, 160A-327, and 153A-421 <br /> • Solid Waste Schedule of Revenues and Expenditures <br /> • Solid Waste Advisory Board Resolution <br /> • Summary of Solid Waste and Recycling Service <br /> • Information from Commission for the Environment (CfE) <br /> • Information from Town of Hillsborough <br /> • Letter from Recycling Employees <br /> Michael Talbert said Orange County is recognized as being number one in the state for waste <br /> reduction, reaching 59% of its 61% aggressive reduction goal. The County is disposing only <br /> 0.56 tons/person compared to the base year of 1991-92, when the disposal rate measured <br /> 1.36 tons. In the region, Wake County has achieved a 25% reduction rate, Durham County <br /> rate is at 21%, Chatham County is at 37% and Alamance County at 26%. Orange County's <br /> 61% waste reduction goal was adopted in 1997 by the County and by the Towns of Carrboro, <br /> Chapel Hill and Hillsborough as part of the County's original Comprehensive Solid Waste Plan. <br /> The County is committed to continuous robust public education services and waste reduction <br /> programs regardless of the funding or operational program implemented by the Board. <br /> The County's Reduce, Reuse & Recycle (3-R) Fees consists of four annual recycling <br /> fees adopted by Orange County in 2004 to fund recycling programs and services that are <br /> billed in conjunction with the annual property tax. The fee consists of a Basic Fee ($37/year) <br /> that is charged to all improved properties county-wide and funds various recycling operations <br /> such as the county Toxicity Reduction Improvement Program (Household Hazardous Waste, <br /> batteries, waste oil, electronics, etc.), recycling drop-off sites, recycling at solid waste <br /> convenience centers, education and outreach, enforcement, planning, etc. An Urban Curbside <br /> Fee ($52/year) is assessed to improved residential properties within incorporated municipalities <br /> and funds weekly curbside recycling service. <br /> A Rural Curbside Fee ($38/year) is charged to residential property in areas of <br /> unincorporated Orange County eligible to receive bi-weekly curbside recycling service. Finally, <br /> a Multi-family Fee ($19/year) is charged multi-family units throughout Orange County for multi- <br /> family recycling services. (Attachment 4, Solid Waste Recycling Division Schedule of <br /> Revenues and Expenses for Fiscal 2011/2012. Not related to recycling, the County also <br /> assesses a county-wide Solid Waste Convenience Center Fee that is billed in conjunction with <br /> the annual property tax. <br /> The Unincorporated Areas Fee is ($20/year/Household), Incorporated Areas Fee is <br /> ($10/year/Household), and Multi-family Fee is ($2/year/multi-family unit). This basic Solid <br /> Waste Convenience Center Fee covers a portion of the operating costs of the County's five (5) <br /> Convenience Centers. <br /> A recent court decision, Lanvale v Cabarrus County, essentially says that where there <br /> is no direct statutory authority to levy a fee, a local government cannot levy a fee. Since the <br /> Lanvale opinion was issued, Orange County's staff has been engaged in discussions <br /> regarding how, going forward, the County can best address the issues created by this action of <br /> the Supreme Court. The Basic Fee is likely consistent with existing law, but the Urban, Rural <br /> and Multi-family recycling fees may not be consistent with existing case law. The County <br />