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Agenda - 04-15-2014 - 7b
1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 15, 2014 Action Agenda Item No. 7-b SUBJECT: Solid Waste Service Tax District for Recycling DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Michael Talbert, 919-245-2308 Letter to Property Owners Gayle Wilson, 919-968-2885 Report Filed in Clerk to Board's Office John Roberts, 919-245-2318 Including Map Frequently Asked Questions — Revised April 4, 2014 Resolution to Establish a Solid Waste Service District PURPOSE: To discuss issues surrounding the establishment of a Solid Waste Service Tax District to fund the rural curbside/roadside recycling collection service, including information received during two Public Hearings, and to decide the method of funding for this County- provided program. BACKGROUND: In 2004 the Board of Commissioners approved a new method of funding for the every other week curbside/roadside recycling collection program for about 13,000 residences in unincorporated Orange County. At that time the Board adopted a fee to fund the program, called a Rural 3-R Fee, that all eligible residences were billed annually on their tax bills. The fee was assessed to all eligible for the service, regardless of whether or how often a resident used the service. In 2012 the County Manager and the County Attorney advised the Board that they had concerns regarding the statutory justification for assessing this fee and recommended that the Board eliminate the fee and consider other ways to fund that program. The 2012 tax bill was the last time the fee was assessed. The fee was $38/year. In 2013 the Board provided interim funding for the program from landfill reserves. Over the next several months, the Board discussed various options on how to address this funding problem. Elimination of the program was even considered, but unanimously abandoned due to measured participation of the rural community of about 57%. Some residents eligible for this service chose not to recycle. Others delivered their recycling to convenience centers, and a very few employed private haulers. It was also considered that the service was important in order to meet the County's aggressive waste reduction goal of 61%. After considering and rejecting numerous funding alternatives, in December 2013, the Board indicated intent to implement a solid waste service district tax as the means to replace the 2 funding lost when the fee was eliminated. One of the services discussed in March 2013 was a proposal to franchise waste and recyclables collection in unincorporated Orange County. The Board, following vigorous public opposition, eliminated that option from further consideration. The Board also recently discussed a subscription service option whereby those residents who wanted to retain the service could pay and those who wished not to pay could voluntarily opt- out. This opt-out or subscription based service is also still under consideration. State statutes require a public hearing to be held prior to a Board adopting a service district, and the property owners of all parcels to be included in the district must be notified by letter of the hearing. The Board conducted two public hearings: • March 18 at 6:00 PM at the Southern Human Services Center, 2501 Homestead Road in Chapel Hill; and • April 1, 2014 at 6:00 PM at the Orange County Social Services Center, Hillsborough Commons, 113 Mayo Street in Hillsborough A funding decision with regard to the every other week curbside/roadside recycling collection program must be made and adopted prior to July 1, 2014 in order for this recycling service to continue. In order not to delay delivery of 2014 property tax notices, the Board has been advised to pursue a final decision at the April 15 regular meeting, or the earliest possible opportunity. Considerable input has been received by the Board and the distinctions (advantages and disadvantages) between a Solid Waste Service District and an opt-out type service have been provided. The key elements from a staff perspective, including those gleaned from public input and Board discussions, include: • Stable, predictable and sufficient source of funding to support a quality, high performing rural recycling program • Fairness and equity • Ability to maintain or advance county environmental and waste reduction goals • Administrative and operational efficiency of program A service district could be implemented by July 2014, with the expanded 1,650 residences and the distribution of roll carts to those who request them could be implemented in November/December of 2014. The opt-out funding option would require about six months of administrative and operational planning and resident communication to establish, requiring an interim funding source of about $350,000. FINANCIAL IMPACT: If the solid waste service district is adopted, it is estimated that the district tax rate would be about 1.5 cents per $100 dollars of assessed value of the property. For example, property with an assessed value of $100,000 would pay about $15/year in service district tax. An opt-out (subscription) program is less predictable and could be expected to initially result in a fee of between $90-$100/year per subscriber, but it is likely that this rate would increase over time if participation approaches that experienced elsewhere in North Carolina. RECOMMENDATION(S): The Manager recommends that the Board consider approving and authorizing the Chair to sign the attached resolution to establish a Solid Waste Service Tax District and direct staff to proceed with implementation of the district, or provide alternative direction to staff on next steps and funding options. 3 February 14, 2014 R?e: Public Hearing to discuss Solid Waste Service Tax District Dear Property Owner On February 4, 2014 the Orange County Board of Corn m issioners voted to hold two Public Hearings to consider the establishment of a Solid Waste Service Tax District effective Jluly 1, 2014. You are receiving this letter because your property is located in the proposed Solid Waste Service Tax District. A Notice of the Public Hearing and a map of the proposed new Solid Waste Service Tax District are attached. The Solid Waste Service Tax District is being considered as a means to improve curbside recycling services in the county's unincorporated area. For those residents currently located within the rural curbside recycling service area and eligible for curbside recycling services, the tax district will replace the annual $33 1household Rbral 3-RZFee,which was assessed on the property tax bill from 2004 to 2012. A report, as required by North Carolina General Statute 153,-302(b), containing additional information related to the proposed Solid Waste Service Tax District is available for public inspection in the office of the Clerk to the Board—200 South Cameron Street, Hillsborough (open 3:OOAM to S:OOPM), beginning February 14, 2014. The first Public Hearingwill take place on March 13, 2014 at 6:OOPM at the Southern Human ServicesClenter, 2501 Homestead Rbad, Chapel Hill, 27516. Asecond Public Hearing will take place on April 1, 2014 at 6:OOPM at the Social Services Center, Hillsborough Commons, 113 Mayo Street, Hillsborough, 27273. A brief presentation will be made at 6:OOPM to be followed by public comments. Please feel free to contact Gayle Wilson in the Solid Waste Management Department Office if you need additional information at 919-963-2335 or owl lsonC,brannecountyncaov 4 N0110E OF PUBU C HEART NGS ORANGE(BOUNTY BOARD OF(BOUNTY©OM M IS90NERS Pursuant to the requirement of the General Statutes of North Carolina, Chapter 153A-302(c) notice is hereby given that the Board of County Commissioners will hold a Public Hearing at the Southern Human Services Center located at 2501 Homestead Road, Chapel Hill, North Carolina 27516, on Tuesday March 18, 2014 at 6:00 p.m.; and a second Public Hearing at the Social Services Center, Hillsborough Commons, 113 Mayo Street, Hillsborough, North Carolina, 27278, on Tuesday April 1, 2014 at 6:00 p.m. for the purpose of taking specific action on the following item: creation of a Solid Waste Service District 1. A report prepared on the proposed district as required by N.GG.S. 153A- 302(b) may be inspected in the Office of the Clerk to the Board of County Commissioners located in the John Link Government Services Building located at 200 South Cameron Street, Hillsborough, North Carolina between 8:00 a.m. and 5:00 p.m., Monday through Friday. 2. A map of the proposed Solid Waste Service District is attached. Questions regarding the proposed solid waste service district may be directed to the office of Gayle Wilson located in the Solid Waste Management Department administrative offices at 1207 Eubanks Road, Chapel Hill, North Carolina, 27516. Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. You may also call (919) 968-2885. 5 Solid Waste Service District Deport February 13,2014 Consistent with General Statute 153A-302 Orange County Commissioners provide this report regarding the proposed Solid Waste Service District that would be established to provide recycling services. 1) Map of proposed district—Attached 2) The Board of Commissioners will consider the following prior to mating a final decision with regard to the district: a. The resident population of the proposed district is estimated at 35,992. The estimated population density of the proposed district is211 people per square mile. b. The total appraised value of the properties subject to taxation in the proposed district is$4,478,900,424. a 2013 County Tax Rates are: Total RC Rate Combination 00 0.009316 County Tax+Orange Fire Tax 01 0.00946 County Tax+White Cross Fire 02 0.011544 County Tax+C.H. &h. Dst.+White Cross Fire Tax 03 0.00928 County Tax+Efland Fire Tax 04 0.011664 County Tax+C.H. Sch.Dst.+South Orange Fire Tax 06 0.00958 County Tax+South Orange Fire 07 0.011609 County Tax+C.H. &h. Dst.+New Hope Fire Tax 08 0.009525 County Tax+New Hope Fire Tax 09 0.009379 County Tax+Eno Fire Tax 10 0.00918 County Tax+Orange Grove Fire 11 0.011264 County Tax+C.H. &h. Dst.+Orange Grove Fire Tax 14 0.012164 County Tax+C.H. Sch. Dst. +Chapel Hill Fi re Tax 15 0.008986 County Tax+Little River Fire 16 0.009316 County Tax+Cedar Grove Fire 17 0.011544 County Tax+C.H. Sch. Dst. +Southern Triangle Fire Tax 19 0.011544 County Tax+C.H. &h. Dst.+Damascus Fire Tax 6 d. According to the U.S Census Bureau, median household income for the zip codes comprising the proposed district is as follows: zip code Income 27231 35,962 27278 61,654 27312 60,409 27510 38,576 27541 59,036 27572 68,610 27712 79,611 27514 54,759 27243 61,420 27516 72,171 27302 51,675 27517 83,619 27705 45,535 27707 45,538 The anticipated tax rate of 1.5 cents is equal to$37.50 for a residence with a value of $250,000. The recently eliminated Rural 3-R fee for FY-12113 was$38 per residential unit; 12,547 parcels that received that fee. Therefore, about 60% the 20,545 residential properties included in the proposed district were already paying a similar fee. Based on the median family income of the proposed district zip code areas and the comparability of the proposed tax rate of the previously paid recycling fee, it is believed that the majority of property ownerswithin the proposed district would have the ability to sustain the new district taxes. e. Current preliminary estimates of revenue generated to finance the recycling services are $630,000. It is intended that the proposed recycling services be fully funded through the service district. 3) The following summarizes the plan for providing recycl ing services within the district: The bi-weeldy (every other week) recyclables collection service for the proposed district will be provided by Orange County staff and equipment as is the current service. Roll carts and/or recycling bins will be distributed to all residences within the district, and those few smaller commercial establishments that generate residential quantities of recyclables, in two phases over the next approximately 18-20 months. The service is envisioned to be provided as a combination of automated with roll carts, semi-automated with roll carts or manual with recycling bins depending on specific service situations. Special services for the elderly or handicapped will continue to be provided. While the district tax would not be voluntary, participation in the recycling program is not mandatory. 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S1E0.• eT 1 e 0. �LLt 51111 ■LI2-41.11 r_'l ,- 1 1 N ',ROW MIL �.., I -. 11f+' �•L` rY 111lt--�.111-0.-4/M9-,... r 1 1 111 ctirra +♦ Stz4 ( i.e.� %I�r,�� 'n ,V-i i ri► '�RD' ,BLVD, k. Arai � 111*( l\Ir o-ki"V i%Alla N H1 Y 5 EAST 44111 n. V 1 �'�llalr'�9'� r ., - �n` 1.,,m��` .4 _?'''1,...v �' ■}■ _FO D ,1 ■ 't'-�' '',I 'lL �'�fj G. a:G�!2�r° ^,;;.`I 1 Co L��`rJ __t' ■ Proposed Solid Waste r - r o __. t o = aa,:•ar •/irtlig alr y:a Tax District _� 1 I■1 y• 1.^ '• ' ` 4P is 1111 vn�i� VA*,�`r�G�.1 ��,:`�' - ��` O Parcels 1� 1 %ral� I/ylrrgia��.: Streets .f'._ i1 F.�.L� 1:—..—_Municipal Shaded x CI County Line , {� ' R' E The map contains parcels prepared for the inventor/of real property within Orange County,and is compiled from .-S rpubbc diary information should bs consulted Users of Nis the etthe aforementioned ♦!:q'[ S public primary Nforma[ion sources should es consulted regaliresponof the information condinn on this map.The `l couny and it mapping companies assume no legal responsiblly for the information on this map Date 2/6/2014 1 inch=12,000 feet Layer Parcel Count Total Evaluation(Excludes Exempt) Orange County Tax Administration $4,478,900,424 Land Records/GIS Solid Waste Tax District 20,545(Includes 694 Exempt) 8 Frequently Asked Questions Proposed Solid Waste Service Tax District Devised April 4,2014 1. What is a SDI id Waste Service Tax District? It is a defined geographic area of a county where specific solid waste related services are provided and whose property owners fund the service through a tax that is set at a rate that will finance those defined services. 2. What isthe SDI id Waste Service Tax District that is being proposed by the Board of County Commissioners? The Board of Commissioners is proposing a service district that would provide for every other week curbside/roadside recycling collection. The proposed district does not include waste/trash collection,only recycling. This service was previously funded by a$38 annual RAral 3-R Fee that was billed on the annual tax bill, but that fee was eliminated following the 2012 Tax Billing. The service district is being proposed to replace the rural recycling program funding previously provided from that fee. The proposed service district will expand this recycling service to about 1,600 additional residents beyond the 13,750 householdswho are currently eligible for this service. The district would not include municipalities. 3. What if I don't recycle or take my materials to a Eblid Waste Convenience Center? Is there an option whereby a property owner can opt-out of thisservice? The SDlid Waste Service Tax District, aswith the previous RAral 3-RFee, does not provide an exemption or opt-out option for those residentswho choose not to use the service. All taxable property that is included within the district would be assessed the district tax. Aswith property taxes in general,there would be no opt-out option. 4. 9nce I received a notice of a Public Hearing doesthis mean that my property will be included in the proposed district? Yes. If you received this notice your property,or if you own multiple properties, at least one property you own is proposed to be located within the district. If more than one property is owned only those located within the proposed district would be subject to the district tax. 5. How much will I have to pay through a district tax? The district tax rate will beset to generate funding for the every other week recycling service. It is currently estimated that the tax rate would beset at approximately 1.5 cents per$100 of assessed value. This would mean a property with an assessed value of$100,000 would pay$15 per year. 6. Why not continue charging the F Ural 3-RFee of$38/year? The County Attorney and the County Manager recommended to the Board of County Commissioners last year that the Board abolish the RAral 3-RFee due to some uncertainty with regard to the fee being wholly consistent with state law authorizing counties to assess these 1 9 type of fees. Following that recommendation,the Board agreed it did not wish to risk continuing a practice that was not unmistakably consistent with state law,so the annual rural recycling fee was eliminated and consideration of alternative financing of the rural recycling service was initiated After several months of examining numerous funding alternatives the Board is proposing the Solid Waste Service Tax District to generate the replacement program funding. About 13,750 residents who were eligible for the service were previously assessed the fee. 7 Will the Solid Waste Service District apply to vacant(undeveloped) land? Yes,the district tax would apply to all taxable property located within the proposed district without regard to whether structures or homes exist on the property 8. If the Board chooses not to adopt a Solid Waste Service District and wishes to establish a service opt-out program what would the estimated cost be for annual curbside recycling service? What is the scientific basis for the 60 percent estimate of participants in an opt-out scenario?Is there data or information relating to performance of opt-out programs? Are any of these participation assumptions based on fact? Key to estimation of the cost for opt-out service is the assumption made regarding how many paying customers will remain in the program. If the assumption is that of the current approximate 13,750 customers only about 60%currently participate,and that of that 8,250 monthly users 20%(1,650)choose to opt-out as not wishing to pay a service fee,the estimated annual fee for service would be about$95.45(based on an estimated annual program cost of $630,000) And if, after a few months,due to the rather high cost of service(compared to the previous$38/year)another 10%of the 6,600 choose to cancel service,the estimated annual cost would increase to about$106.00 per year or almost$13/month. Of course there could be a small number of additional subscribers from current non-participants that could moderate any fee increases.The 60% basis results from the current participation rate of 57%rounded. The assumption that 20%of the currently participating 7800 households will leave the system under voluntary subscription would seem to be an optimistic estimate of how many customers the program would lose once the fees increased and it was voluntary When fees in Forsyth County's voluntary program rose from$2.65 a month to$8.65 a month the subscription declined by 11%from approximately 3,000 users out of 22,000 households(14%) to 2,700 (12%) Forsythe County most recently implemented a subscription type rural curbside/roadside recycling program and the Director of the County Office of Environmental Assistance and Protection stated"I would definitely expect and predict that if recycling collection service is made available on a voluntary subscription basis as a stand-alone service,you will be lucky to have a 25%participation rate" Experience in other governmental jurisdictions (states and NC county's) provides convincing evidence that many property owners will choose not to participate,which will result in increased costs for those who do participate. Economies of scale exist in recycling collection services like most other programs and services, meaning that the more property owners that join in funding a given service results in a reduced cost per each service unit. Alternatively, as the number of fee payers is reduced,costs increase for each remaining participant. A NCDENR Environmental Specialist has spoken previously to the BOCC,as well as other recycling professionals,who have indicated the weaknesses of the so called "opt-out"or subscription(fee for service)type recycling program. According to the DENR Environmental Specialist the eight 2 10 counties that operate a subscription-type curbside recycling program have an average participation rate of 14.8%. Please note that it will take 5-6 months to establish an opt-out or subscription type service for rural curbside/roadside recycling. Therefore,some partial year(6 months)funding source may be required until the new subscription can be established and enrolling subscribers. Additionally, it will be necessary for county staff to evaluate the impact of a possible shift of recyclable materials from the existing curbside program to convenience centers as residents try to avoid the subscription fee. The impact on the centers could be significant and additional resources will likely be necessary to collect and haul these additional materials. Staff has not conducted a detailed analysis of these additional costs. The current emphasis of staff on public education programs may have to shift to a marketing effort to keep the subscription and participation level up rather than primarily provision of public outreach and education on the County's wide variety of public recycling and waste reduction programs. 9. Would a Solid Waste Service District funding option or an opt-out(or subscription)fee for service option result in the most recyclable materials being recovered and move Orange County the furthest toward its 61%waste reduction goal? Which would cost the least per unit served? Based on evidence from other jurisdictions(both North Carolina and out of state)a subscription fee for service option of funding the recycling collection service would yield the least quantity of recovered recyclables and result in the greatest unit cost for users of the program.The Solid Waste Service District would be the least costly per parcel served. 10. What does it mean that handicap service will continue? Both the Urban and Rural Curbside Recycling programs maintain a special services option for handicapped and elderly residents.This service requires the collector to go to the resident's home at an agreed upon location and collect their receptacle,empty it into the truck and return the empty container to the home. 11. Has the value of the property within the proposed district been analyzed? The total valuation of the district is located at the bottom of the map and is calculated at $4,478,900,424 12. Is the current participation rate for the rural program 57%? If so, how many are estimated as not using the service? Yes,according to the latest survey of four rural routes. About 5,800 are estimated to be using the convenience centers, not recycling or recycling through alternative means. 13. How many parcels in the proposed district are not going to be paying the tax(are tax exempt) but will be receiving the service? There are 694 tax exempt properties located in the proposed district that will not be paying the district tax. It is understood that any of those parcels that contain buildings that generate recyclables we would be required by statute to provide the service. We estimate that less than half of these properties contain structures that could utilize the service. 3 11 14. If the Rural Program participation rate is 57%,what would be the participation rate in the Urban Program for comparison? The participation rate in the Urban Program is estimated to be 90%. Utilization of the new roll carts fitted with RFID tags will allow much more accurate calculations of set out and participation rates. 15. When roll carts are implemented will people be required to use them? Due to the variability in the county such as geography and other differences consistent with rural living,accommodations will have to be made. When a resident expresses a desire to continue using a bin and does not wish to use a roll cart,they will be allowed to use what they think best suits their situation They will be allowed to choose,although in many instances they will be encouraged to try a roll cart. 16. If residents will be allowed to continue to use bins if they choose rather than be required to use roll carts,and if only 57%of residents will be participating, how many roll carts will be purchased? It is estimated that 7,000 carts would be purchased initially Prior to implementation a more thorough assessment will be performed to match the type of recycling receptacle with resident needs and requests. 17 Do residents owning property valued at$250,000 pay the same as a resident owning property valued at$500,000 for the same service? Can the property tax amount be capped? A tax rate of$.015 per$100 on a $500,000 valued house versus a$250,000 valued house will yield different amounts to be paid.According to the County Attorney,assigning different tax rates based on property value is not legal. For example,this is also true for two property owners of differently valued property who use the local county library about the same amount. A statutory cap is provided in NC General Statutes 153A-149(c) Each county may levy property taxes for one or more of the purposes listed in this subsection up to a combined rate of one dollar and fifty cents($1.50)on the one hundred dollars($100.00) appraised value of property subject to taxation. 18. What is the percentage of the county's total recycling is recovered by the roadside pickup in rural areas? Rural Curbside represents about 13%of dry recycling tonnage(excluding Haz Waste,waste oil, anti-freeze,filters,etc. and food waste) 19. What is the average Property tax value in the proposed district? Including vacant property,exempt,improved,commercial,etc.,the average total property value within the district is$218,404 20. How did we come up with the proposed tax rate? 4 12 The tax rate was calculated by dividing the estimated total cost of the rural curbside/roadside recycling program by the total assessed value of properties within the proposed service district to arrive at the suggested tax rate of 1.5 cents per$100 assessed value. 21. What is the average tax value of property with homes in the proposed district? Average total property value of the parcels with homes is$290,314 22. Is there an education element in subscription service provided across the state? Educational elements from the various subscription programs across the state vary considerably from county to county We have requested information from several counties that have a subscription type recycling collection service,and of the three responses we received to date, there is a variation from some County involvement to almost none. In all cases,the contractor seems to be the lead agency Staff may be able to report with more information in the near future pending responses from other communities. 23. Was every property notified of the public hearings and of the pending consideration by the Board of a solid waste service tax district? Yes, notice of the public hearing was mailed to all property owners whose property is incorporated into the proposed service district. 24. Could we reduce the size of the proposed tax district? The proposed district boundary could be reduced as long as no parcels that were not notified as part of the public hearing process are included Additionally, properties within a service district must be contiguous. 25. What was the result of the Board of Commissioners adopted language that was conveyed to the NC legislature requesting to be given the authority to impose a fee like the previous Rural 3-R Fee? The local bill was submitted to the Orange County legislative delegation last year It was sponsored and introduced by Rep. Foushee and was co-sponsored by a number of other representatives. However,the bill died in committee and is no longer eligible for consideration. 26. Are some convenience center costs paid from the general fund/property tax revenue? Funding to operate convenience centers is provided from both a Convenience Center Fee charged annually on the tax bill to only residential property owners,and represents about 25% of costs. The remainder of the funding is provided by the General Fund supported by all County taxpayers, both municipal and rural, regardless of jurisdiction,type of property or whether they use the centers. 27 What is the total tax value of tax exempt properties within the proposed service district? Total value of exempt properties including building and land is$224,559,229 28. Why did the Commissioners abolish the previous Rural 3-R Fee without first determining where the replacement funding would come from? What was the urgency? 5 13 The Board of Commissioners received a recommendation from the County Manager and the County Attorney that recent actions by the legislature and courts raised questions as to the County's legal authority in imposing the Rural 3-R Fee and that the Board should consider eliminating that Fee. The Board responded to that recommendation. 29. Is it true that Catawba County leads the state in recycling? I thought Orange County was the state's leader? The State of North Carolina General Statutes requires measurement of the rate of waste landfilled per person in each county annually and there is a statewide goal of 40% waste reduction that was to have been achieved by 2001. It was 12%statewide last year That rate of landfilling per person is then compared to an established base year of 1991-92 and the difference is that County's waste reduction rate By this statutorily required metric, Orange County led the State of North Carolina with a 58%waste reduction rate in FY 2012-13 Orange County also had the highest waste reduction rate for the preceding four years. For comparison, Catawba County's waste reduction rate was 27%in FY 2012/13 Catawba County had the State's highest rate of recycling per person in FY 12-13 as calculated separately by the NC DENR Division of Environmental Assistance and Customer Service from annual local government reports. Orange County was sixth last year by that measure and has generally been in the top ten since the metric was established. That metric was independently established by the NC DENR Division of Environmental Assistance and Outreach in the early 2000s as an alternative means of evaluating progress in Solid Waste Management. It is also believed that this alternative "unofficial" means of presenting recycling was developed due to the overall poor progress state-wide with regard to waste reduction per capita performance and that this alternative method would shed a more positive light on state performance. It is not statutorily required but measures recycling progress County by County In Counties with large industrial and commercial recycling programs that are connected to local government operations the recycling per person may be reported as higher than those with less industry E.g. UNC Chapel Hill reports its 4,400 tons of recycling separately from Orange County In the original omnibus State Solid Waste Bill in 1989, the State did establish recycling goals at rates of 25% and 40% but in 1991 revised that metric to be a waste reduction rate The rationale for using a waste reduction measure is that it is calculated by the State, independently from what is reported by each County as recycled in its programs. Further, the waste reduction rate more holistically reflects the means other than recycling of reducing waste such as backyard composting,'smart shopping',encouragement of reuse and repair as alternatives to disposal. 30. What is fair about having people who don't use the curbside recycling service having to pay for it? Those that use it should pay for it. There are many government services, if not most, whose use by any specific taxpayer and that taxpayer's financial contribution are not proportional. Not all taxpayers use the public library, but all contribute to its funding. In Orange County not all tax payers use convenience centers but all taxpayers (including municipal residents) contribute to its funding, including those non- residential property owners who are prohibited from using it. The question of fairness with regard to public funding and utilization of service is inherent in government services and benefits. It is the nature of public funding and a matter of perception. 6 14 Like the funding for libraries or convenience centers, the service district tax is a way to offer a needed or desired service to a large group of residents without making the cost prohibitively expensive. 31. How many residents in Orange County contract for garbage service? This number is not known because private haulers are not required to report it and can be reluctant to reveal their proprietary business data. In the late 1990s, phone interviews by Orange County Public Works recorded about 5,000 reported private waste customers in the unincorporated area of the county Another informal phone survey about five years ago by the Solid Waste Department came to a similar number, but those were based on non-binding responses from the private haulers of a range and remain only estimates of use of private waste hauling services. 32. How will the cost of the opt-out service be kept at a reasonable fee? The cost of the opt-out or subscription service option would presumably be fully funded by the subscribers, regardless of the level of the fee. Unfortunately, if the cost becomes too expensive some subscribers may cancel their service and/or new residents may choose not to enroll. If this happens the service fee would continue to escalate in order to achieve necessary levels of funding to operate the program, and the number of subscribers would continue to decline. Alternatively, the Board could agree to supplement this program from the general fund when the service fee reached a certain level or the number subscribers become insufficient to sustain the recycling service. In that instance, municipal residents would then be subsidizing a rural service that they are not eligible to receive. 33. How long will it take to get ready for the opt-out subscription service? Will it cost more, less or about the same as the tax district?Sounds like more trouble The County Manager has previously indicated that at least six months would be required to establish the opt-out service option. Given the Board's December 2013 declaration of intent to establish a service district (among other Board solid waste/recycling related priorities that are consuming staff resources) no preparatory work has been performed with regard to an opt-out option. There is still some uncertainty with regard to some of the details of implementation of an opt-out type service that would have to be resolved by the Board through discussions with staff and the approval of an implementation plan and subscription fee schedule. Additionally,if quantities of recyclable material shift from the curbside program to the convenience centers due to the increasing cost of the opt-out(subscription)service,the impact on the centers could be substantial and additional resources will likely be necessary to collect and haul these additional materials. Staff has not conducted a detailed analysis of these additional costs. 34. Is there any other county that charges for convenience centers as well as for the cost of recycling Based upon a less than comprehensive research due to the large number of questions involved, and the limited timeframe in which to respond we have found that,according to NCDENR State records from County reporting on the annual report,the following communities appear to meet those criteria of charging for convenience centers and charging for recycling collection Caldwell 7 • 15 County,Carteret County,Cleveland County, Hertford County, Nash County,and Pender County Given more time staff might be able to identify others. 35. Has Orange County examined Catawba County, NC and their incentive program? Orange County staff has investigated Catawba County's approach to unincorporated area curbside recycling and is reasonably familiar with their program. We have the following observations. Catawba has a single exclusive franchised waste and recycling hauler with a ten year contract serving the whole County with residential trash and recycling collection,commercial waste collection and Construction and Demolition waste collection.Of the 33,600 residences in unincorporated County,about 14,000 or 42%subscribe to waste collection and 97%of those are reported to use the recycling program at least monthly which is the minimum to be considered a recycler Those using recycling get the lower monthly trash collection rate of$18.88 including the cart.Setting out the recycling cart at least once a month constitutes program use, irrespective of contents.Those who don't recycle at the curb pay$24.33 per month for trash collection including a cart. Catawba County contracts Solid Waste Convenience Center operations to Republic who charges a fee of$1.75 per bag of residential waste delivered to their Convenience Centers that provides partial support to the system and they also charge for bulky items at$17.50 per small pick up or $26.25 per large pickup truck. During conversion to recycling carts last year,the County in conjunction with Republic provided a broad variety of outreach including electronic media, presentations,web page and PSAs in local papers. Republic put out their educational materials when they converted to carts for the schedule changes and information about what to recycle. They achieved a recycling rate at the curb of 239 pounds per eligible household last year Orange County unincorporated area curbside recycling rate was about 250 pounds per household among all households, not just those calculated as participating. If only the 7,800 households considered as participating were counted,the rate is 440 pounds per household 36. Is there research on what the cost per household will be for an opt-out type service? Please see#8 above 37 How many people use the convenience centers for recycling versus using the existing curbside recycling service? There are approximately 20,000 households in the unincorporated area and they represent almost all users for conventional recycling of paper,cans, bottles and cardboard.The number of urban single family or apartment dwellers using the SWCCs for recycling is assumed around 10% in this estimate as they have access to curbside or on-site recycling and more convenient 24 hour unstaffed drop-off sites. Thus.of those 13,700 residences(at the time of the survey was conducted)that have access to curbside recycling an estimated 57%or^7,800 use the service at least once a month. If 90%of all the remaining households eligible recycle instead at convenience centers,that means 5,300 of those and if 50%of the remaining households that do not have access to curbside recycling recycle at the SWCCs,then another 3,200 households recycle at the SWCCs. Urban users are more difficult to estimate. 8 16 This information and estimates are summarized in the table below Rounded to nearest 100• Type household Number Percent recycling Number Tons recycled Comments recycling Rural with curbside 13,700 57% recycle 7,800.Some 1700 at the curb in %using at least recycling access curbside of these use rural program once/month based on SWCCs to route survey of 1400 recycle too. units in January 2013 Rural with curbside 5,800 90%estimated 5,300 TOTAL AT SWCCs access who don't use as recycling at from all users the system SWCCs "3,390 Rural with no access 6,300 50%estimated 3,200 to curbside recycling as recycling at SWCCs Rural with contract 200(1% 100% 200 curbside recycling of all rural residents) Urban users of sites 10%est.of tons for recycling recycled at SWCCs 38. Can we work with the towns to get similar service that they receive from the contractor? The Urban Curbside and Rural Curbside program are two distinct programs and it is our understanding that the Towns prefer a distinct program within the municipalities with no comingling of finances. The municipal service is weekly,the rural service is bi-weekly The Urban program contractor is under contract to Orange County to provide that service. Orange County is the provider of all public recycling services within the county either directly,or indirectly through a contractor We work closely with the towns with regard to all county recycling services within their jurisdiction. For several years the Rural program was also contracted to private companies by Orange County After the first company was unable to provide quality service and meet service schedules a competitive request for proposals resulted in a second private company being selected. After a few years that company too was unable to provide acceptable service (resident complaints and rising costs)so eventually the county assumed service responsibility and has provided high quality service for less cost than a private contractor 39. How did you get to the conclusion of the tax district? Following the elimination of the Rural 3-R Fee the Board evaluated and considered numerous funding and service alternatives. These alternatives included elimination of the rural program, privatization,franchising,combining various waste fees,funding all or various combinations of services through property taxes,eliminating convenience centers, providing only convenience centers,creating an single all-encompassing solid waste district including the towns,and various other service and fee permutations. Ultimately these were rejected,some due to vigorous resident objections,and last December the majority of the Board indicated a preference for,and an intent to establish a rural service tax district for recycling. 9 17 40.Will the tax district increase/encourage participation as compared to the previous Rural 3-R Fee funded service?Cite research that county-wide taxation will increase participation. Based on our own long-term experience and our inquiries with knowledgeable recycling professionals, participation is more determined by how each citizen interfaces with the program,the choices available to the citizen,community incentives or disincentives of convenience or cost,a community's motivation/enthusiasm/knowledge through the supporting programmatic education and outreach,the local environmental culture,etc.that impacts participation than whether the service is funded by taxes or fees. However, regardless of funding source, there is general agreement that the need to opt-in or subscribe is clearly a barrier to participation. According to staff in the State's Recycling office in the Department of Environment and Natural Resources(DENR), regardless of how a curbside recycling program is paid for, if recycling service is automatically available(meaning that the household does not need to subscribe or opt-in)then participation is stronger than if the household is simply offered the service and all they need to do is put a bin or cart at the street or road. 41. How will the district tax impact properties on Rosemary and Graham streets in Chapel Hill? The proposed solid waste service district does not apply to properties located within corporate municipal limits. 42. Why are some properties exempt from property taxes? Some property is exempt from property taxes by state law(General Statutes 105-125) The following is an excerpt from this statue that comprises most of the tax exempt properties in Orange County Exemptions. - The following corporations are exempt from the taxes levied by this Article. Upon request of the Secretary, an exempt corporation must establish its claim for exemption in writing (1) A charitable, religious,fraternal, benevolent, scientific, or educational corporation not operated for profit. 43. Why not include the entire unincorporated area for recycling service? This was previously considered by the Board and could certainly be an option. This would require a significant expansion of the rural program into the less densely populated portions of the county The proposed district area was created in part by what area can be serviced with existing resources(collection vehicles and drivers) There was also an interest in not increasing expenses in a period of financial uncertainty(loss of Rural 3-R Fee and landfill closure) Certainly services could be expanded to include the entire unincorporated area, phased in over a two to three year period. It is unlikely that an opt-out(subscription)service could adequately fund such an expansion. 44. All discussion of this tax has been focused on providing bi-weekly curbside recycling services. Given the tax is being referred to as"Solid Waste Tax District" rather than"Recycling Tax District,"what assurances do citizens have that,once in place,the tax district will not be used for other solid waste purposes? 10 22 more suburban-like neighborhoods within unincorporated areas of the county due to the requirement that such a district must be contiguous, and all of the suburban rural neighborhoods are not contiguous. An opt-out (subscription fee for service)type service could be provided within these areas but would involve passing by many non-suburban type residences who would also want the service 65. Only 1/3 of the rural area use curbside so why doesn't the BOCC step back and retook at program? Of the current 13,750 residences eligible for rural curbside/roadside recycling it has been established that the participation rate is 57%. Since the residents outside the current service area are not eligible no participation rate exists county-wide. The county did evaluate the program in 1993 when it was implemented and again in 2004 when alternative funding was considered and the previous Rural 3-R Fee established and decided that in order to achieve aggressive waste reduction objectives that services must be provided outside of the municipalities. 66. What is the revenue received for the sale of recyclable materials? How does this revenue affect what we are paying? The total rural recycling program cost used for establishing the fee or tax rates is calculated based on expenses net of revenue While markets fluctuate monthly on the price received for the sale of recyclables, in FY 12/13 approximately $58,000 in revenue was generated from the sale of recyclables from the rural program, which covers approximately 9% of all the program costs(direct and indirect expenditures) 67 Could the service district tax be implemented temporarily until the county can get legislative authority to go back to the flat fee method? The Board of Commissioners, consistent with state law, may establish a service district or abolish a tax district as they wish. 68. Why don't we consider a flat service fee? The Board of Commissioners received a recommendation from the County Manager and the County Attorney that recent actions by the legislature and courts raised questions as to the County's legal authority in imposing a flat fee for recycling services that required non-users of the service to pay the fee The Board responded to that recommendation. 69. Why is the service district just for a part of the county and not the whole county? Don't you have to offer the program to all residences? A service district may be developed for all or any part of a county If a proposed district includes all or part of a municipality, that municipality must formally consent to being included. All residences included within a district would have to be offered the service. 70. Can we adopt a short term way to fund the program and then do a study for the best long term funding option? The Board of Commissioners could consider and adopt a short-term way to fund the rural recycling program until a more formal or systematic investigation is conducted to identify a 15 A 23 more permanent funding source. The Board could also adopt of the two current options to function as a short term funding mechanism 71. Most rural residents use convenience centers so why not let rural residents use them rather than the curbside program? Many rural residents do use convenience centers, which were originally created primarily for unincorporated area residents' use The geographical distribution of the five centers however, is not equally convenient to all residents Some residents contract for curbside/roadside garbage service and need/desire the curbside/roadside recycling service to complement that service And while all residents must disposal of their garbage somehow(public health and local ordinance imperatives), recycling is optional/voluntary and some residents only recycle because it is extraordinarily convenient,which roadside/curbside recycling is for some residents 72. We are doing a good job on recycling now so why do we need a new tax? Orange County does an excellent job recycling and part of the reason for this good job is the network of complementary and overlapping recycling programs and services provided that maximizes recycling opportunities. Funding for this corresponding network is provided by a network of fees, taxes, material revenues and avoided tipping fees, etc. Consideration of the new tax is necessitated by the elimination of the Rural 3-R Fee for previously stated reasons 73. Wouldn't curbside service be a preferable option for those residents who do not live near a convenience center? Not all residents live near one of the five convenience centers and need or appreciate the curbside/roadside service Even some residents who live in reasonable proximity to convenience centers prefer the curbside/roadside service 74 In the unincorporated area subdivisions with high participation, is there not a concern that recycling would be placed in the trash because all of these residents who now recycle curbside would not go to the convenience centers,especially those that have private garbage service? It is possible that those residents would choose not to recycle as faithfully if the curbside/roadside service is eliminated It would be a mistake to assume that everyone currently participating in the curbside/roadside recycling program would begin using convenience centers if that program was eliminated or made prohibitively expensive 16 r , 24 RES-2014-023 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION ESTABLISHING A SOLID WASTE COLLECTION AND DISPOSAL SYSTEM SERVICE DISTRICT WHEREAS, the Orange County Board of County Commissioners ("Board") has determined there is a need to establish a solid waste collection and disposal system service district in order to provide for the health, safety, and general welfare of the residents of the area shown on Attachment 1 hereto that being the solid waste collection and disposal system service district ("District"), and WHEREAS, in accordance with Article 16 of Chapter 153A of the North Carolina General Statutes the Board conducted a public hearing on the establishment of the District; and WHEREAS, during the two public hearings and in determining whether to establish the District the Board considered the resident or seasonal population and population density of the proposed District, the appraised value of property subject to taxation in the proposed District, the present tax rates of the county and any cities or special districts in which the District or any portion thereof is located, the ability of the proposed District to sustain the additional taxes necessary to provide the services planned for the District, the probable net revenues of the projects to be financed and the extent to which the services will be self-supporting, and the overall need for solid waste collection, disposal, and recycling in the District. NOW, THEREFORE, BE IT RESOLVED, The Board finds that there is a demonstrable need for providing solid waste collection, disposal, and recycling in the District as authorized by N C G S 153A-301(a)(5), it is impossible or impracticable to provide those services on a countywide basis, it is economically feasible to provide the proposed services in the District without unreasonable or burdensome annual tax levies, and there is a demonstrable demand for the proposed services by persons residing in the District. BE IT FURTHER RESOLVED that for all the foregoing reasons the Orange County Board of Commissioners hereby establishes a solid waste collection and disposal system service district in the areas of Orange County shown on Attachment 1 Passed the day of , 2014 and having an effective date of July 1, 2014 Barry Jacobs, Chair Orange County Board of Commissioners Attest: Clerk to the Board of Commissioners Proposed Solid Waste Tax District 25 HARD\.\eeb 7,i WI e i_ ____ _ HENSLEY RD -. 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'■ ad.it iia �MArN '.RD BLVD r_ \�Its `� �■ -t: ���//ice: ll�\ `ti6L 1I!'/a r\Ir r1�=(_ ..%,14 ) Na H Y 5 EAST �' 1 I.Ir M v 1 ►� 0141; `rnr:19.1_ 11� 1i._a-- r� ,, P t r �C��a�\Gj�i ��_ _ .1�� 11 : �1 l/ f FOR l,�`�� 1 1 -- �l►iil� 4,6=a0..016: 1;;;1111-1:0,---41*,. . v'B 1,-„:„„... s L. uIU L ■� �� i111 ) j,11 +, f . 11 +lr�l`, Proposed Solid Waste �� °����.l> 'i�l i Dili alt f CO P o ■v3 � �`♦a`�I►� �:. Iiir`���a{rs`tl�y„1r* TDt' the p 6 � kot n Parcels . �/ Ir � � I+ ' 1 0 1... ,I<��,i ii ♦ 'Sit` lr■t'• ,/��■: —Streets o •mr t ate.-� ' -r �IrrL l��.. 1--1_,I �.a«• . _..at �it-• - Municipal Shaded n rL g.County Line L .•'• \\. E TM1is map contains parcels prepared far the inventory of real property wiMin Orange County,and is compiled/tom Ay If ecordetl deed plats,antl oNer public records and data.Users of this map are hereby notifietl that the aforementionetl \• r=ids primary informal==sources should be consulted rorverification of the informl [a=rm=ed on this map.The tt// S coanty and i6 mapping companies assume no legal responsiblliry for the information on Nis map. Date 2/6/2014 1 inch=12,000 feet Layer Parcel Count Total Evaluation(Excludes Exempt) Orange County Tax Adm inistration Land Records/GIS Solid Waste Tax District 20,545(Includes 694 Exempt) $4,478,900,424