HomeMy WebLinkAboutAgenda - 09-03-2002 - 8d r
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 3, 2002
Action Agenda
Item No. -�
SUBJECT: Collection of Solid Waste Fees, Fines, and Penalties
DEPARTMENT: Solid Waste Management/ PUBLIC HEARING: (YIN) No
County Attorney
ATTACHMENT(S): INFORMATION CONTACT:
Resolution Gayle Wilson, 968-2885
Goof Gledhill, 732-2196
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968.4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To approve a resolution authorizing the Solid Waste Management Department to
perform collection activities necessary to collect solid waste fees, fines, penalties and to
perform other necessary enforcement activities as provided in Orange County laws and
ordinances.
BACKGROUND: The Solid Waste Management Department assesses and collects various
fees, surcharges, penalties, fines, etc. in the normal conduct of County solid waste activities.
The collection of these revenues is typically conducted without difficulty. Those payments that
do become past due are usually dealt with by phone calls, reminder letters, suspension of
landfill privileges, negotiation of payment plans, etc. Infrequently, some customers fail to fulfill
their financial obligations despite these additional inducements. The recent adoption of the
Regulated Recyclable Materials Ordinance and related permit, license and penalty fees will
likely lead to more frequent need for collection action, at least in the near term.
Staff and the Attorney recommend that the Board grant authorization to Department staff to
pursue collection of these seriously overdue accounts and non-responsive debtors, as a last
resort, through necessary collection activities consistent with Orange County laws and
ordinances. Generally speaking, the statutory remedies available to the Orange County Tax
Collector to pursue seriously delinquent property tax accounts are not available or appropriate
for collection of delinquent landfill accounts. Accordingly, any collection action the Department
might need to pursue would likely be through Small Claims Court handled by departmental staff
or other civil action pursued by the County Attorney.
The Attorney has prepared a resolution which, if approved, would provide the requested
authorization to Solid Waste Management Department staff.
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FINANCIAL IMPACT: Although there will be some commitment of staff time needed to collect
delinquent charges, staff believes that such action is well worth taking. Philosophically, it sends
an important message for the Solid Waste Enterprise Fund to collect all sums unpaid for the
services/programs it operates. By way of example, currently there are two landfill accounts that
are seriously in arrears, totaling about $4,500.
RECOMMENDATION(S): The Manager recommends that the Board adopt the attached
resolution allowing the County Solid Waste Management Department to perform necessary
collection activities as provided in Orange County laws and ordinances.
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NORTH CAROLINA
RESOLUTION
ORANGE COUNTY
WHEREAS, the Orange County Solid Waste Department has the responsibility for charging
and collecting solid waste fees, license fees, issuing citations and levying fines, all a part of and
necessary to the operation of the Orange County Solid Waste System;and
WHEREAS, from time to time monies required to be collected by the Solid Waste
Department are not paid as required by fee schedules and ordinances of Orange County;and
WHEREAS,the collection of these matters is routine and can be handled by the Solid Waste
Department as a matter of course.
NOW THEREFORE,BE IT RESOLVED by the Board of Commissioners of Orange County
that the Solid Waste Department, as directed by the Solid Waste Director and without further action
of the Board of County Commissioners, may perform collection activities necessary to collect solid
waste fees,fines, penalties and perform other necessary enforcement activities as provided in Orange
County laws and ordinances.
This Resolution shall take effect immediately upon its passage.
Upon motion of Commissioner seconded by Commissioner the
foregoing resolution was adopted this the_day of 12002.
I,Donna Baker,Clerk to the Board of Commissioners for the County of Orange,North
Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of
said Board at a meeting held on ,2002 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the Minute Book of the minutes of said Board.
WITNESS my hand and the seal of said County,this day of ,2002.
Clerk to the Board of Commissioners