Orange County NC Website
61 <br />Fee is ($20 /year /Household); the Incorporated Areas Fee is ($10 /year /Household), and the <br />Multi- family Fee is ($2 /year /multi - family unit). This basic Solid Waste Convenience Center Fee <br />covers a portion of the operating costs of the County's five (5) Convenience Centers. <br />A recent court decision, Lanvale v Cabarrus County, essentially stated that where there was no <br />direct statutory authority to levy a fee, a local government cannot levy a fee. Since the Lanvale <br />opinion was issued, Orange County's staff has been engaged in discussions regarding how, <br />going forward, the County can best address the issues created by this action by the Supreme <br />Court. The Supreme Court decision indicates that the Basic Fee is likely consistent with <br />existing law, but the Urban, Rural and Multi- family recycling fees may not be consistent with <br />existing case law. The County Manager recommended that the Board of County <br />Commissioners cease assessing the Urban, Rural and Multi- family recycling fees beginning <br />with Fiscal Year 2013/14 Annual Budget. The County Manager further recommended funding <br />these services for Fiscal Year 2013/14 only with solid waste enterprise fund reserves in order to <br />allow the Board of Commissioners time to resolve the funding problem. <br />The Rural Curbside program currently is limited to 13,730 households eligible in the <br />unincorporated area of the County. These services are provided by County Solid Waste staff. <br />Just 6,000 households lack access to rural curbside service at this time. Waste collections in <br />unincorporated Orange County are provided by several private haulers, without a County <br />Franchise Agreement, on a voluntary basis to those using the services. <br />The Urban Curbside recycling serves Chapel Hill, Carrboro and Hillsborough municipal <br />residents. The services are paid for by Orange County Solid Waste under contract with Waste <br />Industries, Inc. and the towns are responsible for household solid waste within their town limits. <br />The Multi- family recycling serves multi - family establishments in both incorporated and <br />unincorporated Orange County. The multi - family recycling services are provided by Orange <br />County Solid Waste staff. <br />On April 9, 2013 the Board reviewed eight (8) options for Orange County to fund the County's <br />Solid Waste and Recycling Services and eliminated a county -wide Franchise agreement from <br />consideration. The Board held a public hearing on April 23, 2013 to receive public comments <br />on the top three (3) options identified by the Board on April 9, 2013. Attachment 2 provides a <br />detailed assessment of the three (3) options considering the Board's goals and commitment to <br />recycling. Those options are: <br />1) Create a County -Wide Solid Waste Management Authority, <br />2) Create a Solid Waste Tax Service District; and <br />3) Eliminate Rural Curbside Recycling. <br />The Board unanimously wished to maintain the current recycling program and <br />• Directed the Manager to meet with the Managers of Carrboro, Chapel Hill and <br />Hillsborough to determine their willingness to participate, to ascertain their needs and <br />concerns, and report back to the Board of Commissioners by the end of 2012 -13 fiscal <br />year so that the county may proceed with implementation; <br />• Directed the Chair to meet with the three Mayors for a similar, parallel discussion; <br />• Adopted an interim funding plan for 2013 -14 at the end of this fiscal year; <br />• Committed to further investigate both a Solid Waste Tax Service District and a Solid <br />Waste Authority. <br />