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01/21/1991 - Minutes Utilities and Franchise Minutes January 21, 1991 1. Called to order at 7:00 P.M. 2. Roll Call. Present: Gerry McReynolds Rebeckah Barrett Mark Irwin Don Jacobs Thomas Sullivan Eldon Wogen Mike Leichner, Pride Disposal Company Tom Miller, Miller Sanitary Service Larry Schmidt, Schmidt's Sanitary Service Loreen Edin Lee Kell, Kell, Alterman & Runstein, Legal Counsel for Haulers Howard Washburn, Howard's Construction Charles Hales, Home Builders Association Bill Martin, Washington County Recycling Coordinator John J. Knez, Jr. , Knez Building Materials 3 . Minutes from previous meeting were approved. 4. Construction Site Cleanup: Bill Martin, Washington County, brought letter. Concerned with special waste (local government needed to assert authority over collection) . County is attempting to tie into waste reduction plan since special waste is not being hauled by haulers in the County in general. Bill Martin instructed to look at. Under state law, he noted special waste included in solid waste and under authority of local government. Historically, local governments haven't covered heavy construction waste. Committee was interested in bringing heavy waste into the system for revenue and controlling where the material is dumped. Thinks any material franchised haulers can haul will belong to hauler, doesn't know what decision will be about heavy waste. Gerry: Utility and Franchise Committee is an advisory committee. Council has final authority. If anyone is unhappy with Committee's decision, must go to Council. Construction waste was determined last year by the Committee to belong to the franchise haulers. Hales: Charlie Hales, Home Builders Association, disagreed with Committee's decision. Quoted ORS definition of "contractors" . As ordinance now stands, he felt it would permit removal from site by contractors. He recommended ordinance language not be modified as haulers have requested which would disallow contractors to remove debris. Gerry: Felt contractor was generator. Hauling should be by each individual generator. Hales: Impossible to sort through all site waste to haul each individual contractor's own waste. Gerry: Problem isn't clean up, it's hauling. We have franchised haulers. Can't allow someone else to do their job. Isn't fair to ratepayers. Hales: Aware of that. Discussing short-term specialized manufacturing operation which requires specialized disposal process. Doesn't see why City wants to get involved. Gerry: Do you operate the same way in Lake Oswego? Hales: No. Their ordinance reads differently and we are going to propose changes. Loreen: Cleaning up the site falls under different category. Hales: Yes. Mr. Washburn is a specialized service. Loreen: Previous discussion noted contractor must be more than mere hauler of waste (i.e. , cleanup operation on site) . Gerry: Bone of contention with Mr. Washburn is that he doesn't generate the waste. The other issue is apartment complex that wants to haul its own garbage. Hales: Frustrated. Feels that they are being discriminated against by the Committee because they are small businesses who don't generate waste from start to finish. Loreen: Suggested we save issue until the second year waste reduction plan comes from Washington County in the Spring. Eldon: Understanding during last discussion that just hauling is not allowed. 2 Washburn: Noted his container is not a drop box, but a cage to collect trash. Has to be emptied by hand. Can operate until decision is reached. Gerry: Where to go from here. In process of clarifying ordinance and adding features. Washington County will make decision in three months. Howard can operate. Martin: Can issue special permits for drywall haulers, etc. Looking at regulating all haulers. Lee Kell: Felt interpretation is clear - purpose of exemption is to allow haulers to haul own waste. Jerry: Comments? Sullivan: Who is more likely to recycle, haulers or contractors? Gerry: No established recycling markets. Sullivan: What are we talking about in dollars? Washburn is cheaper? Washburn: 15% cheaper for turnkey service over dropbox. Sullivan: Control over dumping? Make sure it goes to the right place? Gerry: No guarantee. An independent has no way of controlling or identifying. Sullivan: Even when we have ordinance, it's difficult to control illegal dumping. Gerry: Hazardous waste. What about oil-based paint cans? Schmidt: Try to avoid if seen, but everyone is trying to avoid including manufacturer. Available options for disposal are limited, but improving. Gerry: Do I have a motion - yea, nay or defer? Jacobs: If we yea or nay, would we have to change to go Washington County. If so, we should defer. Sullivan: What are we yeaing or naying? Gerry: To stand by original decision, reverse decision or wait- for aitfor Washington County. Since we don't have an active code enforcement official, decision is effectively reversed. 3 Wogen: Moved that we keep status quo and review when Washington County comes up with its decision. Sullivan: Seconded. Motion passed. Gerry: Charlie, we will take your comments on ordinance into consideration. 5. Development of Drywall (Gypsum) Recycling Market: Knez: Have several drywall contractors taking things wherever they can. Attempting to recycle all gypsum in area. Has developed process and testing results. For every 90 tons of wallboard, get five tons of dirty paper which goes into landfill. Will charge for service. Hauling in own trucks. Has talked to Metro. Will take about three months to get through process for permit. Gerry: Are you creating a transfer station which will be a hot political topic? Knez: As long as I haul it to landfill and customers are hauling to me, haulers have no objection. Will have to build fence to block view. Gerry: We are small cog - if Committee agrees. Mike: As long as no illegals, I have no problem. Miller: What Knez plans is admirable. Martin: Knez falling in special waste area. Metro is asking for proposals to handle special waste. Loreen: Some issues still to be dealt with are: Traffic, city planning issues and Metro permit process. Gerry: Motion. Encourage efforts and ask Knez to go forward with permit process and meet all necessary requirements. Discussion• Irwin: We're saying that it's ok for people to bring you their waste, but not ok for Washburn to go get waste? Knez: I'm selling the material and simply taking back the returned waste. Irwin: Didn't we discuss office paper recycling - didn't allow anyone to collect for a fee. 4 Miller: He is a supplier. He is receiving items from his customers. Sullivan: Seconded motion. Motion passed. Knez: P.U.C. has to deal with self-employed truckers. Might be a source for finding out to deal with independents. 6. Tom Miller - Residential Hazardous Waste Collection Report: Has some information on privately run collection day. Metro and Washington County considering mobile collection arrangements, but have no funding. Metro issued RFP's for construction of hazardous waste collection sites at Oregon City and Metro N.W. Household hazardous waste and proper handling very expensive business. Programs are readily available. Just a matter of a few phone calls. The most problem is liability in siting. Public property would be best. Loreen: Rider to cover liability would be $15,000 - $40,000 for a one-time collection. Miller: Education is most important - to buy what you use - we should try to share expenses with someone else. Based on expense of operation, permit challenges and availability in area, consensus of Committee was to not hold an independent collection. 7. Solid Waste Ordinance Work Session: Gerry wants to defer since it's late. Need some tactical planning. Need to : a. Rework ordinance; b. Change rate schedule; c. Compactor ordinance. Proposing we meet twice. Once for ordinance and only ordinance. Another meeting for rates. Will meet with City Council on March 19. Rates: Points to consider: Correspondence about high rates, twice a month pick up, different size (smaller) containers, curbside and off curb rates. Need for garbage service is changing as recycling increases and cost goes up. 5 Need to provide sounding board for people with complaints about garbage service and haulers. Need to formalize rules. With Measure 5, money will be a problem. Raising franchise fee is a probability in future. Need to be able to raise fee and also amendments and clarifications. 8. Other Business: a. Letter from Gayle A. Collum, Principal of Charles F. Tigard School. Access to dumpster blocked and not picked up. Angry communication resulted. Have calmed down. Loreen and Mike will meet with him. b. Letter about Juanita Muntz about smaller volume of trash. Will address with mini-containers. C. Larry was cited for driving a truck on Durham Road because of thru traf f is restrictions. Would like to work out some exemptions for franchised haulers. Loreen to schedule meeting with Police Chief. 9. Meetings on February 4 and February 18. Rate review meeting will be held March 18. Meeting adjourned at 9:45 p.m. H:\login\loreen\u&fmin. 6