MINUTES OF THE

METRO COUNCIL REGIONAL ENVIRONMENTAL MANAGEMENT COMMITTEE MEETING

Tuesday, April 21, 1998

Council Chamber

Chair Morissette called the meeting to order at 11:07 AM.

1.  CONSIDERATION OF MINUTES OF FEBRUARY 17, AND MARCH 17, 1998

2.  REGIONAL ENVIRONMENTAL MANAGEMENT UPDATES

Bruce Warner, Director of Regional Environmental Management, gave the Regional Environmental Management (REM) Director’s Update. The following items were updated: new REM employees, the SOLV IT clean up event, the Earth Day student art bill board project, the waste prevention and recycling awareness campaign, and Spring hazardous waste clean up events. Mr. Warner distributed an insert from The Oregonian newspaper, with an advertisement for the Metro RIC directed toward people who are undertaking remodeling projects.

3.  BRIEFING RELATED TO THE DRAFT REVISION OF THE SOLID WASTE REGULATORY CODE

Mr. Warner gave an update on the draft revision of Metro Code Chapter 5.01 Solid Waste Facility Regulation. Two memoranda were distributed to councilors, and copies of both are included as part of the meeting record. They include a memorandum dated April 20, 1998 from Mr. Warner to Chair Morissette entitled, “Briefing on Revisions to Chapter 5.01 of the Metro Solid Waste Regulatory Code,” and a memorandum dated March 27, 1998 from Mr. Warner to SWAC members entitled, “ Regional System Fee Credits, Chapter 5.01 Revision and New License Agreement.”

Mr. Warner reviewed 1) the user’s guide to the chapter 5.01 revision, 2) the code revision schedule, 3) the staff process to assist Council, and 4) how staff plans to identify issues and concerns. As part of the staff process, staff will provide binders to councilors that contain the latest information related to the legislative record for the code update. Issue papers on each of the major policy issues, copies of testimony, and other pertinent information will be provided.

With regard to the revision schedule, Chair Morissette noted that the second reading is proposed to take place at Council on May 21 or 28. However, he said a large public hearing on Growth Management’s Title 3 will take place on May 28, and it will not be possible to schedule the code revision to come before Council on that date. He said the second reading will need to occur on May 21 or the first week in June.

Chair Morissette said it will be appropriate for committee members to raise issues throughout the process. Councilor McFarland said she has several concerns, including direct hauling to the Columbia Ridge Landfill, and two transfer stations that do not pay their own way. She will raise these issues in future meetings. Chair Morissette congratulated staff on the their method for organizing the revision process. He asked Mr. Warner to meet with those committee members who were absent to review the process with them. Mr. Warner said all councilors are being briefed, and will receive binders.

4.  ORDINANCE NO. 98-736, FOR THE PURPOSE OF GRANTING A YARD DEBRIS PROCESSING FACILITY LICENSE TO BEST BUY IN TOWN, INC. TO OPERATE A YARD DEBRIS RELOAD FACILITY

Mr. Warner introduced Bill Metzler, Associate Solid Waste Planner, who gave a presentation on Ordinance No. 98-736, which would grant a yard debris processing facility license to Best Buy In Town, Inc. to operate a yard debris reload facility. A copy of the executive summary and staff report to the ordinance contains the substance of Mr. Metzler’s remarks, and can be found in the meeting record.

Councilor McFarland asked if the provisions in the code update pertaining to reload facilities will be retroactively applied to these kinds of facilities. Mr. Metzler reported there are provisions that are specific to yard debris that will be unchanged by the code update.

Chair Morissette opened a public hearing. No one appeared to speak with regard to the legislation. Chair Morissette closed the public hearing.

Councilor Washington will carry the ordinance to full Council.

5.  RESOLUTION NO. 98-2620, FOR THE PURPOSE OF AMENDING CONTRACT #920101 WITH GEONORTH, INC. TO UPGRADE THE COMPUTER SOFTWARE IN THE RECYCLING INFORMATION CENTER’S CALL TRACKING SYSTEM

Mr. Warner introduced Dennis Strachota, REM Principal REM Analyst, who gave a presentation on Resolution No. 98-2620, which would amend the contract with GeoNorth, Inc. to upgrade the computer software in the Recycling Information Center. A copy of the executive summary and staff report to the resolution contains the substance of Mr. Strachota’s remarks and is included as part of the meeting record.

Councilor McFarland will carry the resolution to full Council.

6.  RESOLUTION NO. 98-2628, FOR THE PURPOSE OF AUTHORIZING AN EXEMPTION TO METRO CODE CHAPTER 2.040.044, PERSONAL SERVICES CONTRACTS SELECTION PROCESS, AND AUTHORIZING A SOLE-SOURCE CONTRACT WITH STOP OREGON LITTER AND VANDALISM (SOLV) FOR THE SPONSORSHIP OF THE ANNUAL SOLV-IT CLEAN UP EVENT

Mr. Warner reported on Resolution No. 98-2628, which would authorize an exemption to the code to permit a sole-source contract with Stop Oregon Litter and Vandalism (SOLV) for its annual clean up event. Mr. Warner reported that the event has already taken place, and staff is seeking approval of this resolution after the fact. He explained the situation that led to this situation, stating that staff basically looks at this contract to be a continuing grant for the SOLV campaign. He said he had mistakenly believed the Council’s approval had already been obtained.

Councilor McFarland said this is not the first time the SOLV contract has been approved after the fact. She asked that it be approved by the Council prior to the event in the future.

Councilor Morissette will carry the resolution to full Council.

7.  RESOLUTION NO. 98-2634, FOR THE PURPOSE OF APPROVING THE YEAR 9 ANNUAL WASTE REDUCTION WORK PLAN FOR METRO AND LOCAL GOVERNMENTS

Mr. Warner introduced Jennifer Erickson, Associate Solid Waste Planner, and manager of the Year 9 Annual Waste Reduction Work Plan. Ms. Erickson reported on Resolution No. 98-2634, which would approve the Year 9 Annual Waste Reduction Work Plan for Metro and Local Governments.

Councilor McFarland referred to a letter she had received from a party who was not in favor of Metro relinquishing funds without adequate review. She said Metro has consistently had a problem with individual governments that think the money will come to them regardless of what they do. She said at some point, local governments need to report to Metro, and Metro needs to withhold funds until they do so. She said she is unhappy with those jurisdictions that continue to ask for Metro’s money, while criticizing Metro, and complaining about having to tell Metro what they plan to do with the money.

Councilor McFarland asked about the concept of revenue sharing, and whether that would enhance the reporting relationship. Chair Morissette said even with revenue sharing, reporting is not automatic. Mr. Warner said there are some reporting requirements, and acknowledged this issue had arisen in the past. He said local governments have been doing the right thing with the funds. He said the Auditor’s report said Metro needs to decide whether to do revenue sharing or performance based grants. Therefore, the decision will have been made when staff submits next year’s budget.

Chair Morissette opened a public hearing.

• Lee Barrett, co-manager, city of Portland recycling program, appeared before the committee to express support for the SWAC resolution that says the program should be treated like a revenue sharing program rather than a competitive grant. He agreed with Councilor McFarland that the money not be considered to be an entitlement. With regard to the Auditor’s contention that there is not a system in place to quantify the goals of local jurisdictions, Mr. Barrett said the city has provided reports to Metro on an annual basis for the last eight years.

Referring to a letter from the city of Milwaukie, he said he sees a number of problems with having the program become a grant program. If this happens, clearly Portland could easily dominate the program due to its size and resources. He said the city of Portland has done a lot of good things with the money Metro has given, and acknowledged that the city has failed to keep Metro apprised of what they have done, and has not expressed appreciation for Metro’s contribution. He said Metro should pursue the annual update. He said it is not feasible to start a new program each year, and that an ongoing program is best. He reported on the 98% participation rate in recycling in the city, and credited Metro for its role in that success.

Councilor McFarland said it would be even more helpful to let the general public know that Metro is involved with these programs. It would help the public know what Metro does. Mr. Barrett said that with the 1992 curbside program, some of the literature did give Metro credit.

• Rick Winterhalter, Clackamas County, appeared before the committee to testify on Resolution No. 98-2634. He said he believes the cooperative nature in local governments’ solid waste departments is unique. He said the county works hard to report to Metro, and takes seriously its responsibility for developing a framework for each year’s plan in order to meet the goals of the RSWMP. He said Clackamas County relies on the consistent budgeting they have come to expect, and in the current round of budgeting there was a reduction of about $18,000 in the county’s budget that was very frustrating to staff. He said this is the equivalent of their annual mailing. He urged the committee to continue the existing funding that local jurisdictions were assured of at the beginning of the budget cycle.

• Kathy Kiwala, Washington County, appeared before the committee to testify on the resolution. She said it is late in the fiscal year to make changes. She said budgets have been filed, and the county is ready to kick off next year’s work plans based on their budget. She spoke toward the cooperative nature of the program. She said the funding has helped them achieve a 43% recycling goal, and an 85% participation rate in multi-family units. Accomplishments have been made in the commercial area as well. Business recycling has increased 4% through the haulers. There are now 62 businesses participating in a recycling recognition program. She said the annual report of their program is submitted annually.

Chair Morissette closed the public hearing.

Chair Morissette proposed an amendment in the eigth “whereas” clause which would insert the language as follows:

“WHEREAS, The Annual Waste Reduction Work Plan funding distribution to local governments is a revenue-sharing program that is tied to adherence to the plan....”

Councilor McLain said she could support the amendment because she believes it will make the language accurate, and will not affect the budget or program. However, she does not think revenue sharing is appropriate. The RSWMP goals are not being met because the money is being parceled out. Discussion needs to take place about how any goal in the RSWMP can be met when there is not enough money to support the programs that are already in place.

Chair Morissette said he would much rather see local governments, who are closest to the people, figure out in an entrepreneurial way how to get as much bang for the buck. He said they have better ideas than Metro.

[Recorder’s Note: Robert’s Rules of Order were not strictly adhered to in the actions of the committee with regard to this resolution. It was clearly the intent of the committee that the resolution be forwarded to Council with a recommendation of adoption.]

Councilor McLain will carry the resolution to full Council.

8.  COUNCILOR COMMUNICATIONS

None.

There being no further business before the committee, Chair Morissette adjourned the meeting at 12:20 PM.

Prepared by,

Lindsey Ray

Senior Council Assistant

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