Agenda - 05-08-2014 - 7f - Laserfiche WebLink

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N centers, education and outreach, enforcement, planning, etc. An Urban Curbside Fee $52/ ear is assessed to improved residential properties within incorporated municipalities and funds weekly curbside recycling service. A Rural Curbside Fee ($38 /year) is charged to residential property in areas of unincorporated Orange County eligible to receive bi- weekly curbside recycling service. Finally, a Multi- family Fee ($19 /year) is charged multi - family units throughout Orange County for multi - family recycling services. See the Attachment 4, Solid Waste Recycling Division Schedule of Revenues and Expenses for Fiscal 2011/2012. Not related to recycling, the County also assesses a county -wide Solid Waste Convenience Center Fee that is billed in conjunction with the annual property tax. The Unincorporated Areas Fee is ($20 /year /Household), Incorporated Areas Fee is ($10 /year /Household), and Multi- family Fee is ($2 /year /multi - family unit). This basic Solid Waste Convenience Center Fee covers a portion of the operating costs of the County's five (5) Convenience Centers. 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 of the Supreme Court. 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 County Manager will recommend that the Board of County Commissioners cease assessing the Urban, Rural and Multi- family recycling fees beginning with the Fiscal 2013/14 Annual Budget. The County Manager further recommends funding these services for Fiscal 2013/14 only with solid waste enterprise fund reserves to allow the County time to transition to an alternative solution. The Rural Curbside program currently is limited to 13,730 households eligible in the unincorporated area of the County. A rural curbside recycling fee is charged to those households where recycling services are made available. These services are provided by County Staff. Just 6,000 households lack access to rural curbside service at this time and are not charged the Rural Curbside Fee. Waste collections in unincorporated Orange County are provided by private haulers, without a County Franchise Agreement, on a voluntary basis to those using the services. The Urban Curbside recycling fee is charged to Chapel Hill, Carrboro and Hillsborough municipal residents by the County for urban curbside recycling services. The services are paid for by Orange County Solid Waste under contract with Waste Industries, Inc. and the towns are responsible for household solid waste within their town limits. The Multi- family Fee is charged to each multi - family establishment in both incorporated and unincorporated Orange County based on the number of residential units for collection of recyclable materials at each of these locations. The multi - family recycling services are provided by Orange County Solid Waste staff. North Carolina General Statute 153A -136 (Attachment 1) Regulation of Solid Waste, gives counties the authority to grant a franchise for the exclusive right to collect or dispose of solid waste within all or a defined portion of the county and prohibit others from collecting or disposing of solid wastes in that area. The County is exploring a franchise agreement process for the unincorporated areas of the County which would include the privatization of curbside household solid waste and recycling. The County may by resolution permit a Solid Waste Ordinance to be adopted by the Towns and applicable within the Town limits. The Towns may