Agenda - 04-18-1996 - 1 - Laserfiche WebLink

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Administration: The administration of the agency is headed by a Chief Administrative Officer (CAO) who is appointed by the agency board and serves at its pleasure. The CAO is responsible to, and reports to, the agency board on matters concerned with the development and administration of solid waste policies and programs, including the size and character of budgets and staff to carry out those policies and programs. The CAO appoints and removes all agency personnel in accord with the personnel rules and procedures of the governmental agency that it contracts with for personnel services. Employees and Staff Support Functions: Staff support functions such as finance,payroll,purchasing,accounting, and personnel are provided through contractual arrangements, most likely by the County Government or another member government, as set forth in the joint resolution creating the JMA. All employees are legally employees of the government which the agency contracts with for personnel services. Except for the appointment and removal of the CAO,all employees are subject to personnel procedures,policies,and benefits of the contracted government. [Note: The salary and benefit package for agency personnel could be made different from that of the governmental agency providing personnel services.] The agency shall have its own legal counsel who does not serve as attorney for any of the member governments. Budget: The agency adopts its own budget. Finance and budget officers of a member government agency will be contracted to serve as the finance and budget officers for the agency. Except with the affirmative vote of 6 members, the agency board may not adopt a proposed budget that calls for: (a) an increase of 10% or more in any disposal fee or charge. (b) the issuance of bonds; (c) the contracting of any other obligation in excess of$1,000,000. Title to Property: Title to all real property acquired after this agreement becomes effective shall be held by the agency. [Note: By agreement of the parties, any single government or two or three of the governments could acquire real property to be used by the agency.] Title to the Greene tract,Neville tract and other real property not used as a landfill by the agency that was acquired before the effective date of this agreement continues to be held by the three governments that acquired the property and without any change in ownership. Title to the Orange Regional Landfill property will be transferred to the agency. The solid waste agency holds title to personal property and shall acquire and dispose of personal property in accord with the requirements applying under North Carolina law to cities and counties. Bonds: The joint management agency may not issue general obligation bonds, but it may issue revenue bonds (G.S.159-83(a)(5) and special obligation bonds (G.S. 159I-30(a)). Revenues: The chief classes of revenue available to the JMA for operations and debt service are: 1. Fees and charges for services to citizens, businesses, and other organizations. 2. Receipts from the sale of recycled and recovered materials and their byproducts. 3. Payments under contracts with the four governments for services made available or provided to them. Responsibilities of Member Governments Related to Revenues 1. Member governments shall guarantee delivery of all waste and recyclables under their control agency facilities. 2. Member governments would, to the extent permitted by law, make a good faith effort to control all solid waste within their jurisdictions, so that it is delivered to the facilities of the solid waste agency or to other facilities as designated by the agency. [Note: With legislative approval, a share of the local sales tax receipts allocated to Orange County governments could be directed to the JMA.] 3