MINUTES OF THE METRO COUNCIL

SOLID WASTE & RECYCLING COMMITTEE MEETING

Wednesday, November 21, 2001

Council Chamber

Members Present:  Bill Atherton (Chair), Susan McLain (Vice Chair), Rod Monroe

Also present:    

Absent:    

Chair Atherton called the meeting to order at 3:47 p.m.

1.  CONSIDERATION OF THE MINUTES OF THE NOVEMBER 7, 2001, SOLID WASTE & RECYCLING COMMITTEE MEETINGS

2.  REGIONAL ENVIRONMENTAL MANAGEMENT DIRECTOR’S BRIEFING.

Janet Matthews, for Terry Petersen, Regional Environmental Management, updated the committee regarding REM’s Construction and Demolition Waste Initiative, the most recent Solid Waste Information System (SWIS) report which was published in October, the expanded Organic Waste Infrastructure Grant Program, and the State Tire Recycling Task Force which will have its first meeting at Metro December 7^th. (For more detail, see the copy of the Regional Environmental Management Director’s Updates attached to the permanent record of this meeting).

3.  RESOLUTION NO. 01-3126, FOR THE PURPOSE OF AUTHORIZING AN

 EXEMPTION FROM COMPETITIVE BIDDING REQUIREMENTS AND AUTHORIZING

 ISSUANCE OF RFP #OIR-52-REM FOR THE OPERATION OF THE METRO SOUTH

 AND/OR METRO CENTRAL TRANSFER STATIONS.

Janet Matthews, REM Program and Policy Manager, reported that the current operations contract with Browning Farris expires at the end of September 2002. In order to allow for an orderly transition for the next contractor, the procurement process was begun several months ago in the department. She said the new contract is drafted to emphasize maximizing material recovery while providing safe and efficient operations for the customers and employees.

Councilor Monroe asked about extending this contract and about legal obligations and limitations if they decided to do so.

Chuck Geyer, REM, responded that it was not too late to negotiate an extension. He said the department had recommended a possible two year extension last spring when they were discussing options.

Marv Fjordbeck, Senior Legal Counsel, said he would have to review the question with bond counsel.

Councilor Monroe asked him to do so and report back to the committee.

Chair Atherton asked about the federal opt out provision requirements.

Mr. Fjordbeck said the contract was subject to federal tax rules around bonds free from taxation. He said the rules were designed so a public facility was not put to too great a private use during that period. He added one way to make sure a management contract did not run afoul of the rules was to have a contract period for at least 5 years, as currently, with the ability of the government to opt out of the contract at the end of 3 years.

Chair Atherton directed Mr. Fjordbeck to provide the committee with the parameters for extending the contract, and what opt out provisions were required.

Mr. Geyer talked about specifics of the process and new features crafted for the RFP. (See copy of the RFP included with the permanent record of this meeting.) He pointed out it emphasized material recovery and improved safety and efficiency service levels at the station. He reported his hope to release the RFPs to prospective vendors in December so they can prepare their proposals for operating Metro South only, Metro Central only, or, the third option, operating both stations, for a 5 year period with a 3 year opt out. He noted they were asking for recovery guarantees and also, that there would be a bonus for surpassing the guarantee. He said they were also annualizing the put or pay part of the proposal.

Councilor McLain thanked the staff for their work. She agreed with Councilor Monroe about a possible extension due to the changes they had recently made to the system and the need to be sure it was working as they thought it would.

Chair Atherton opened a public hearing on Resolution No. 01-3126. No one came forward to testify so he closed the public hearing.

Chair Atherton postponed action on Resolution 01-3126 to have additional information from legal staff at the next meeting.

Councilor McLain reported that Mr. Bragdon wanted to have additional dialogue on the issue as well.

Chair Atherton added there was also conversation going on with the haulers regarding recycling and wet/dry issues.

Councilor Monroe said there were also issues regarding the affect of raising the caps on private transfer stations, as well as what impact the economy will have on the system. He felt they needed advice from the legal counsel regarding any extension of the contract.

John Houser, Senior Council Analyst, thought it might be useful to the deliberations to have some operational issues addressed by staff as well as legal issues.

Councilor Monroe reiterated the directions to staff for the next committee meeting, and reminded them there should be additional recommendations from the department.

ADJOURN

There being no further business to come before the committee, Chair Atherton adjourned the meeting at 4:15 p.m.

Respectfully submitted,

Cheryl Grant

Council Assistant

Attachments to the Public Record for the

Solid Waste & Recycling Committee Meeting of November 21, 2001:

Testimony Cards:

None.