MINUTES OF THE METRO COUNCIL

SOLID WASTE & RECYCLING COMMITTEE REGULAR MEETING

Wednesday, December 5, 2001

Council Chamber

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

Also present:    

Absent:    

Due to the lateness of the previous committee meeting, Chair Atherton called the meeting to order at 3:58 p.m.

2.  REGIONAL ENVIRONMENTAL MANAGEMENT DIRECTOR’S BRIEFING.

Terry Petersen, Director, Regional Environmental Management, reported the projects completed and not completed from the 2001 Committee Work Plan, explained the new Commercial Technical Assistance Program, gave a regulatory update on American Compost’s application to amend their current solid waste composting license, provided details of a recent enforcement action against Leonard & Son’s Towing, invited the committee to Metro’s third annual Buy Recycled Gifts Fair, and played the spot for the upcoming Metro Recycling Information radio campaign. (For more detail, see the copy of the Regional Environmental Management Director’s Updates attached to the permanent record of this meeting).

Chair Atherton asked about the Tire Recycling Task Force.

Dr. Petersen said the Task Force would hold their fist meeting on Friday, December 7 and encouraged the councilors to drop by.

1.  CONSIDERATION OF THE MINUTES OF THE NOVEMBER 21, 2001, SOLID WASTE & RECYCLING COMMITTEE MEETINGS

3.  DRAFT 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

Dr. Petersen was unable to attend the last committee meeting, but said he had received the committee’s request to research relevant legal issues regarding the possibility of extending the existing contract and terms of a change order if an extension was in fact prepared. He said legal staff had begun discussions with the outside bond counsel regarding compliance with bond covenants and IRS requirements. He said during preliminary discussions BFI had expressed interest in an extension and he was confident staff could bring change order language back to the committee in January for consideration. He added that topics of discussion with BFI would include price, minimum recovery levels, recent council decisions regarding caps, and including the new public area at Metro South in the scope of work.

Councilor Monroe asked if there were any anticipated problems with the process.

Mr. Fjordbeck, Senior Assistant Counsel, said he did not foresee any insurmountable problems. He noted the 2-year extension Dr. Petersen was talking about was permissible under IRS Contract Management rules. He added they would confer with outside bond counsel when provisions were agreed upon to make sure they continued to comply with most recent opinions on contract management rules and regulations.

4.  DRAFT Ordinance No. 01-933, For the Purpose of Amending Metro Code Chapter

 5.01 to Regulate the Processing of Solid Waste into an Industrial Fuel Source at a

 Facility that is Otherwise Regulated by Metro

John Houser, Senior Council Analyst, reminded the committee that they had expressed interest in making modifications to Metro’s regulatory authority over yard debris processing and composting facilities. He said the intent of this draft ordinance is to include conversion of material into industrial fuel if the facility is already under Metro regulation because it is difficult to distinguish whether the origin of odors, dust and noise is from a regulated activity or an unregulated one when the reloading and composting facility also has hog fuel operations, which are not currently regulated, located at the same facility.

Councilor Monroe agreed that it made sense to regulate and monitor both activities. He said he would like to have the Solid Waste Advisory Committee (SWAC) and others take a look at the issue as well and have it come back to the committee in January for consideration.

Councilor McLain commented that the change would improve the process.

Dr. Petersen said it was a good concept and he was supportive of what had been identified to fix the current code. He asked for the opportunity to send it out to the regulated facilities for comment. He did not feel it would necessarily need to take up SWAC’s time.

Chair Atherton felt it would solve a problem that was of great concern to neighbors of such a facility. He asked for public comment. There was none.

5.  Resolution No. 01-3129, For the Purpose of Confirming the Appointment of Leland

 Stapleton and the Reappointment of Jennifer Allen and Ron Hernandez to the

 Metro Central Station Community Enhancement Committee

Dr. Petersen explained the resolution. He said Councilor Burkholder, as Chair of the Enhancement Committee, and Executive Officer Burton had both reviewed the nominations and recommended approval.

Chair Atherton assigned Councilor Monroe to carry Resolution No. 01-3129 to the full council.

6.  Resolution No. 01-3139, For the Purpose of Authorizing an Inter-Governmental

 Agreement with the City of Portland for the Lease of City Property and for Post

 Closure Care of the Former KFD Landfill

Dr. Petersen reported that the KFD Landfill had been before council several times over the years. This time was for Metro to obtain a 20-year lease for a piece of property at the entrance to the St. Johns Landfill in exchange for operation of the closed landfill.

Dennis O’Neil, REM Engineering & Environmental Services, presented slides of the site and explained proposed plans for an operations and maintenance facility for employees to finally have a place to work out of the weather.

Dr. Petersen added that the building would also prevent a fair amount of vandalism of the equipment that has been a problem due to storing it outside. He said the City of Portland would retain environmental liability of the site.

Mr. O’Neil added they were studying what kind of structure to erect should the resolution be approved.

Jan Betts, Portland City Attorney’s office, said she had been working with Metro staff on this project for some time and was pleased to have it before the committee. She said the agreement involved the City, Metro and DEQ, working together for a win/win solution for a park deficient area.

Chris Taylor, DEQ Solid Waste Policy and Program Development, supported the resolution and echoed that this was a very good example of intergovernmental cooperation. He said DEQ had a great deal of confidence in the Metro staff’s ability to operate the site.

Chair Atherton pointed out the cost implications and said expectations were that there would be efficiencies that would offset those in the future.

Mr. Houser pointed out that Paragraph 10 had been inadvertently left out of the IGA. (See Amendment to Resolution No. 01-3139 included with the permanent record of this meeting.)

Chair Atherton assigned Councilor Monroe to carry Resolution No. 01-3139A to the full council.

7.  Resolution No. 01-3140, For the Purpose of Extending the Personal Services Agreement with Creative Information Transformation Education

Dr. Petersen presented the resolution which would amend the contract with the Creative Information Transformation Education group to produce and perform a play called “The Sweet Buy and Buy” which he felt was very helpful in recycling presentations to area schools. He hoped extend this contract for one more year and then do an RFP process for a new play.

Chair Atherton called for public comment. There was none.

Chair Atherton assigned Councilor McLain to carry Resolution No. 31-3140 to the full council.

7-A  COUNCILOR COMMUNICATIONS

Councilor Monroe commented that Chair Atherton had done a really super job with the committee this year and he appreciated the leadership and organization of the committee.

ADJOURN

There being no further business to come before the committee, Chair Atherton adjourned the meeting at 4:47 p.m.

Respectfully submitted,

Cheryl Grant

Council Assistant

Attachments to the Public Record for the

Solid Waste & Recycling Committee Meeting of December 5, 2001:

Testimony Cards:

Chris Taylor, Oregon DEQ, 811 SW 6^th, Portland, OR 97204