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COPY- ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT__ Meeting Date: December 10, 2013 SUBJECT: Rural Curbside Recycling Options Attachment 5 Action Agenda Item No. 7 -b DEPARTMENT: Solid Waste /Recycling PUBLIC HEARING: (Y /N) No ATTACHMENT(S): 1. October 8, 2013 Abstract — Review Process for Creating a Solid Waste Collection and Disposal District 2. Rural Curbside Recycling Options Advantages & Disadvantages 3. Map - Orange County Rural Curbside Recycling INFORMATION CONTACT: Gayle Wilson, 968 -2885 John Roberts, 245 -2318 Michael Talbert, 245 -2308 38 PURPOSE: To review funding options for Rural Curbside Recycling in Orange County and provide direction to staff. BACKGROUND: A recent court decision, Lanvale v Cabarrus County, essentially says that where there is no direct statutory authority to levy a fee, a local government cannot levy a fee. Since the Lanvale opinion was issued, Orange County's staff has been engaged in discussions regarding how, going forward, the County can best address the issues created by this action by the Supreme Court. The Supreme Court decision indicates that the Basic Fee is likely consistent with existing law, but the Urban, Rural and Multi- family recycling fees may not be consistent with existing case law. The Board of County Commissioners ceased assessing the Urban, Rural and Multi- family recycling fees beginning with the Fiscal 2013/14 Annual Budget. These services for Fiscal 2013/14 were funded with solid waste enterprise fund reserves in order to allow the Board of Commissioners time to resolve the funding problem. The Rural Curbside program currently is limited to approximately 13,700 households eligible in the unincorporated area of the County. The rural curbside recycling fee was $38 in fiscal 2012/2013. (See the Rural Curbside Recycling Map at Attachment 3 with rural curbside service area in yellow and existing customers in blue.) On April 9, 2013 the Board reviewed eight (8) options for Orange County to fund the County's Solid Waste and Recycling Services and eliminated a county -wide Franchise agreement from consideration. After a public hearing held on April 23, 2013 to take public comments on the top three (3) options, the Board unanimously directed staff to maintain the current recycling program and;