MINUTES OF THE

METRO COUNCIL REGIONAL ENVIRONMENTAL MANAGEMENT COMMITTEE MEETING

Tuesday, March 17, 1998

Council Chamber

Chair Morissette called the meeting to order at 1:03 PM.

1.  CONSIDERATION OF MINUTES OF DECEMBER 10, 1997, JANUARY 20, 1998 AND JANUARY 22, 1998

2.  REGIONAL ENVIRONMENTAL MANAGEMENT DIRECTOR’S UPDATE

Bruce Warner, Director of Regional Environmental Management, gave the Regional Environmental Management (REM) Director’s Update. The following items were updated: the USA Waste/Waste Management merger, spring workshops and events, TV coverage on REM issues, a transfer station hazardous waste spill at Metro Central, the ninth annual SOLV-it Cleanup event, and the Earth Day billboard art contest.

Councilor McFarland asked what impact the USA Waste/ Waste Management merger will have on Metro, and she asked if Metro has the right to keep the local portion of the merger from proceeding due to the fact that Metro has a contract with both parties. She said her question should not be read to mean that Metro intends to take any prohibitive action. Mr. Warner said staff does not yet have the answers to these questions. A meeting is planned with Metro’s general counsel and REM staff to determine how the agency will be affected by the merger in terms of opportunities, challenges, and changes to existing contracts. The merger has not yet been reviewed for anti-trust/monopolistic issues.

Marvin Fjordbeck, Senior Assistant Counsel, said the “change in ownership” provision in the contract with Waste Management declares that any change in controlling interest constitutes a default. He said he is beginning a review of the merger and its potential effects on Metro, and will report back with his findings. He said both the US and Oregon Departments of Justice will subject the transaction to anti-trust review.

Chair Morissette asked if the executive or staff have taken a position on the issues surrounding commingling. Mr. Warner said he has not asked Mike Burton, Executive Officer, for his opinion on the program. He said REM staff have been working closely with the city of Portland; and staff supports the city’s efforts to make the collection system more efficient and less costly for the consumer. In light of the reduction in the tipping fee on the disposal side, Mr. Warner views the commingling program to be a positive factor in keeping recycling and materials recovery competitive with disposal. He said staff is attempting to obtain tracking data to determine the success of the program.

3.  ORDINANCE NO. 98-731, FOR THE PURPOSE OF GRANTING A YARD DEBRIS PROCESSING FACILITY LICENSE TO ALLWOOD RECYCLERS, INC. TO OPERATE A YARD DEBRIS COMPOSTING FACILITY AND DECLARING AN EMERGENCY

Mr. Warner reported on Ordinance No. 98-731, which would grant a yard debris processing facility to Allwood Recyclers. An executive summary and staff report set forth the factual background and analysis of the ordinance and are included as part of the meeting record.

Mr. Warner reported that the emergency clause has been included in order to keep the existing facility up and running, and to permit Metro to deal with neighborhood complaints and other issues that may arise over the next three months. He said it is not critical that the clause be attached to the ordinance, however, staff tries to utilize the clause where there are existing facilities, and where there is a large operation. He said an alternative ordinance is available that does not contain the emergency clause.

Mr. Warner said the facility is located at 23001 NE Marine Drive in Fairview. Councilor McFarland said she does not have any objection to franchising the facility, however, she expressed concern that part of may be in a wetland. She said this situation needs to be reviewed if Metro is going to be responsible for the facility. Mr. Warner agreed to look into the situation, however, he reported there are some wetlands that have been specifically created to treat some of the runoff.

Chair Morissette asked why every ordinance that comes through seems to include an emergency clause. Mr. Warner said the emergency clause permits Metro to circumvent the 90-day effective date for ordinances. He says there is a prohibition against attaching an emergency clause to any taxing or funding mechanism. He says the ordinance before the committee does not involve an “emergency” situation, but rather, is language that will permit the franchise to be up and running in a more efficient manner. Chair Morissette said whenever possible, staff should plan far enough in advance to eliminate the need for emergency clauses.

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

Councilor McFarland will carry the ordinance to full Council.

4.  RESOLUTION NO. 98-2610A, FOR THE PURPOSE OF AUTHORIZING RELEASE OF RFB #98-6-REM FOR THE CONSTRUCTION OF A LATEX PAINT PROCESSING BUILDING AT METRO SOUTH STATION

Mr. Warner reported on Resolution No. 98-2610A, which has previously appeared before the committee. At that time the committee voted unanimously to forward the resolution to Council with a recommendation of adoption. However, at February 17, 1998 REM Committee meeting questions were raised about whether the facility complied with the proposed Title 3 requirements that are being considered by the Growth Management Committee pertaining to flood management and water quality performance standards. Staff has worked with the city of Oregon City as well as Metro Growth Management staff to determine how to best mitigate impacts of the facility.

Mr. Warner said staff has now determined what steps must be undertaken in order to achieve compliance with Title 3 requirements. He reported that REM staff were not aware of the requirements of Title 3 prior to the February 17, 1998 REM Committee meeting. He introduced Jim Watkins, REM Engineering and Analysis Manager, who reported on the changes that will ensure compliance.

Mr. Watkins reported staff met with the city of Oregon City to determine what flood to use as a basis for their flood plain. They have decided to use the 1996 flood, which reached 47.2 feet, rather than the One Hundred Year Flood, which reached 45 feet. He showed aerial photographs of the site under 1996 flood conditions. Mr. Watkins reported about 60 cubic yards of material will be needed to mitigate the situation. He said the city of Oregon City recommended the facility be constructed on a different location at the site; which he pointed out on a map that was presented to committee. He said the material that will be excavated will be brought to the Hillsboro landfill, at a cost of about $8,000. The purpose for removing the material is to make enough room for excess water. Mr. Watkins said the floor where the facility will be constructed will be at 48.5 feet. The actual elevation of the land is between 46 and 47 feet, and the foundation will bring the building to the 48.5 feet level.

Chair Morissette said the Growth Management Department’s Title 3 is what is driving this review and modification of the plans. He said Councilor McLain was concerned about whether the facility met Title 3 requirements. Chair Morissette said his main concern continues to be how much will it cost Metro to comply with Title 3. He said he believes there are many facilities currently in existence that would not be permitted under the proposed Title 3 requirements, and he warned staff they need to be aware of this situation in future. He said Title 3 will keep local governments from using lands to their highest, best, and most economical use.

It was noted that the resolution had already been forwarded to Council with a do-pass recommendation, however, in light of the updated Title 3 information, the committee decided to vote on the recommendation again.

Chair Morissette will carry the resolution to full Council.

5.  UPDATE ON ORGANICS PILOT PROJECTS AND THE OREGON FOOD BANK PROJECT

Mr. Warner introduced Jennifer Erickson, Associate Solid Waste Planner, who gave a slide show update on the Organics Pilot Projects and the Oregon Food Bank Project. A copy of Ms. Erickson’s script, which contains the factual elements of her report, is included as part of the meeting record.

6.  COUNCILOR COMMUNICATIONS

None.

There being no further business before the committee, Chair Morissette adjourned the meeting at 2:23 PM.

Prepared by,

Lindsey Ray

Senior Council Assistant

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