MINUTES OF THE METRO COUNCIL

SOLID WASTE & RECYCLING COMMITTEE MEETING

Wednesday, November 6, 2002

Council Chamber

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

Absent:    David Bragdon (excused), Rod Park (excused)

Chair Atherton called the meeting to order at 3:38 p.m.

1.  CONSIDERATION OF THE MINUTES OF THE OCTOBER 16, 2002 SOLID WASTE & RECYCLING COMMITTEE MEETING.

2.  REGIONAL ENVIRONMENTAL MANAGEMENT DIRECTOR’S BRIEFING

Terry Petersen, Manager, Regional Environmental Management, reported that a Solid Waste Advisory Committee Subcommittee has been formed to identify and recommend strategies and practices to reduce contamination and loss of material collected for recycling in the Metro region. As a financial technical update, he explained why REM did not meet a requirement of the solid waste bonds in FY 2001-02 and why it is in no way an indication of a financial problem and would not reflect negatively on our credit rating. He talked about the three successful natural garden tours and how tour attendees had incorporated natural gardening practices in their own gardens. (For more detail, see the copy of the Regional Environmental Management Director’s Updates attached to the permanent record of this meeting).

Councilor McLain asked Mr. Barrett to try and adjust the SWAC Subcommittee meeting times to allow councilors to attend.

3.  RESOLUTION NO. 02-3232, FOR THE PURPOSE OF AUTHORIZING METRO TO ENTER INTO AGREEMENTS TO PURCHASE AND DELIVER EQUIPMENT ON BEHALF OF FOOD DONATION INFRASTRUCTURE GRANT RECIPIENTS IN LIEU OF DIRECT CASH GRANTS

Lee Barrett, Waste Reduction and Outreach Manager, explained that a technical adjustment was needed to the grant program in order to take advantage of an opportunity for bulk savings that Jennifer Erickson had discovered. He commented that this is the fourth and final year of the program, which grants money to food organizations so they can better accept and handle food donations from restaurants, food processors and grocery stores. Jennifer Erickson, Waste Reduction and Outreach, explained that the Organics team had enhanced their efforts to do outreach for applicants for the grant money, and the majority of the 17 applications they received this year were for funds for refrigerators and freezers. She said the Organics team put together a package and sent inquiries to several supply companies in the Metro region and were surprised to learn that they could save significantly and have a surplus in the fund for other things. She asked for approval to change their mode of action in the program.

Councilor McLain said she was obviously in favor of saving money and allowing more equipment to be purchased. She asked about liability issues. Ms. Erickson said there had been discussions with Risk Management and legal counsel who recommended bringing the question to the committee. She said since Metro would never take possession of the equipment, there would be no ownership or liability for the equipment. Mr. Fjordbeck concurred that there would be minimal risk, if any. Councilor McLain asked about the review process for reassigning the money that was saved to other programs. Ms. Erickson said they had not looked at that yet as they would not ask for final bids until the committee decided on this request. She expected the savings would stay within the Organics Program. Councilor McLain hoped there would be two or three more recipients because of the savings. Ms. Erickson said they would reexamine the applications.

Chair Atherton assigned Councilor McLain to carry the ordinance to the full council.

4.  RESOLUTION NO. 02-3238, FOR THE PURPOSE OF CONSIDERING A DESIGNATED FACILITY AGREEMENT WITH VALLEY LANDFILLS, INC., FOR THE COFFIN BUTTE LANDFILL

Dr. Petersen explained the resolution and its companion Draft Ordinance No. 02-979, which he said would be first read at the next Council meeting. Roy Brower, REM Regulatory Affairs, said the resolution would formally establish the Coffin Butte Landfill as a Designated Facility and authorize the Executive Officer to enter into an agreement between the Landfill and Metro, and the Draft Ordinance would list the landfill as a Designated Facility Agreement (DFA) in Chapter 5.05 of the Metro Code. He said they had been working on the request since it was received about a year ago. He noted that Metro’s Flow Control Code, Chapter 5.05, provides that the Council may designate facilities, including those outside the Metro region, to become part of the Metro Solid Waste System. Current designated facilities are the two Metro transfer stations and all the facilities inside the Metro region that have a certificate license or franchise. He said in addition to those, there are five specifically listed facilities outside the region, including Lakeside and Hillsboro Landfills in Washington County, Columbia Ridge in Gilliam County, Finley Buttes Landfill in Morrow County, and Roosevelt Landfill in Klickitat County, Washington. He said this would be the first new facility designated outside of the region in nearly 10 years and would not authorize Coffin Butte to take hazardous waste or other waste prohibited by DEQ, or material that had not gone through a Material Recovery Facility (MRF). He noted that Coffin Butte is in Benton County, north of Corvallis. He added that the REM staff recommends approval. In response to a question from Councilor McLain, he said Coffin Butte is different from the Hillsboro and Lakeside landfills because those are both considered limited purpose landfills and only take special dry waste and specific waste authorized by the DEQ while Coffin Butte, like Columbia Ridge and Roosevelt, would be a full scale landfill and would take putrescible waste, certain contaminated soils, and other special waste. There was committee discussion regarding enforcement issues.

Chair Atherton opened a public hearing on Resolution No. 02-3238 and Draft Ordinance No. 02-979.

Ray Phelps, Willamette Resources, Inc., said they had made some changes in their business activities and had been aggressively marketing some of the services of Coffin Butte. He said it would facilitate that process not to have to continually get non-system licenses. He appreciated REM’s work on these measures and requested an emergency clause be added to the provisions so they could begin operations as soon as the paper work had been settled and the Executive Officer had signed the DFA, since it was of an administrative nature. He observed one difference that would present them with a cash flow problem was the way they would be reimbursed for their credits, both the user fee and the excise tax. Currently they deduct the credit from their payment to Metro, but these measures would extend the reimbursement period anywhere from 40 to 70 days, as they would have to pay the landfill, and the landfill would pay Metro and then they would have to request a check from Metro. He felt there could be administrative remedies within the department so the wait for their payment would not be so long. There was discussion regarding the emergency clause and it was decided to ask staff to add it to the draft ordinance before it is first read at Council. Mr. Phelps added that this was for the good of all of the haulers, not just WRI.

Chair Atherton assigned Councilor McLain to carry the ordinance to the full council.

5.  DRAFT ORDINANCE NO. 02-979, FOR THE PURPOSE OF AMENDING METRO CODE CHAPTER 5.05 TO INCLUDE THE COFFIN BUTTE LANDFILL ON THE LIST OF DESIGNATED FACILITIES

6.  RESOLUTION NO. 02-3239, FOR THE PURPOSE OF AUTHORIZING RELEASE OF RFB #03-1032-REM FOR THE PROVISION OF DIESEL FUEL AND AUTHORIZE THE EXECUTIVE OFFICER TO EXECUTE THE RESULTING CONTRACT

Dr. Petersen reviewed the purpose of the resolution. Chuck Geyer, REM Engineering/Environmental Services, presented background and noted basic parameters of the service levels including branded low sulfur diesel fuel at a cardlock between Arlington and the Columbia Ridge landfill on Highway 19. He noted that the recommendation for a longer initial term of 4 years and 10 months and a 2 year extension option were different than the last RFB. He said there was little risk with the longer term as Metro has the option of terminating the contract within 7 days at our sole discretion. Councilor McLain was concerned about the length of the contract. She understood they could get out of it quickly, but felt seven years was a long time to lock things up without someone else having a chance to enter into the system. Mr. Geyer responded that the longer term afforded bidders the opportunity to invest in their business’s infrastructure to comply with Metro’s specs and then have a shot at the bid.

Mark Fitz, Star-OilCo, 232 NE Middlefield Rd., Portland, OR, spoke to the committee as a huge advocate of bio-diesel fuel for the Portland market. He explained that biodiesel fuel acts in combustion similarly to diesel fuel and comes from agricultural products, specifically from recycled fryer oils. He reported that Oregon’s biodiesel industry is in its infancy right now, with several people beginning to refine in small quantities. He reviewed the advantages of biodiesel. He asked the committee to consider adding biodiesel fuel into the resolution. Dr. Petersen said the research is promising and he is optimistic the some form of biodiesel fuel can be used eventually, but there are a number of technical and operational issues that need to be addressed before biodiesel could be incorporated into the resolution. Councilor McLain commented that it would make good sense to consider it at a future time, when they knew more about it. She did not want to preclude future technology. Mr. Fjordbeck said there was nothing in the current contract that would preclude a later amendment with regard to the specs of the fuel. In response to a question from Chair Atherton, Mr. Fitz said biodiesel is currently available in the Metro region, but not as yet produced here. Councilor Monroe commented that the appropriate thing to do with me to give instructions to Dr. Petersen and his staff to investigate whether or not the use of biodiesel or a blend would be possible and advantageous in our system because he concurred they needed to look at all kinds of opportunities to recycle. Chair Atherton agreed, and said markets for recycling products was already in the plan.

Chair Atherton will carry the resolution to the full council.

7.  RESOLUTION NO. 02-3242, FOR THE PURPOSE OF CONFIRMING THE APPOINTMENT OF ERIC MERRILL TO THE METRO SOLID WASTE ADVISORY COMMITTEE (SWAC)

Dr. Petersen explained Resolutions No. 02-3242 and 02-3243, which both make appointments to the Solid Waste Advisory Committee. No. 02-3242 is a new position, a representative from Clark County and the first time an industry representative from Clark County has had a seat on the committee. The second, 02-3243, was a reappointment of current members whose terms had expired and they would be serving another term.

Chair Atherton assigned Councilor Monroe to carry the resolution to the full council.

8.  RESOLUTION NO. 02-3243, FOR THE PURPOSE OF REAPPOINTING METRO SOLID WASTE ADVISORY COMMITTEE (SWAC) MEMBERS AND ALTERNATIVE MEMBERS

Chair Atherton assigned Councilor Monroe to carry the resolution to the full council.

ADJOURN

There being no further business to come before the Solid Waste & Recycling Committee, Chair Atherton adjourned the meeting at 4:53 p.m.

Prepared by

Cheryl Grant

Council Assistant

Attachments to the Public Record for the

Solid Waste & Recycling Committees Meeting of November 6, 2002:

Testimony Cards:

Ray Phelps, WRI, Wilsonville, OR 97070