MINUTES
STATE
OF
COUNTY OF
HENDERSON OCTOBER
13, 2009
The Henderson
County Board of Commissioners met for a special called meeting at 7:00 p.m. in
the Commissioners' Meeting Room of the Historic Courthouse on Main Street,
Hendersonville.
Those present
were: Chairman Bill Moyer, Vice-Chairman
Charlie Messer, Commissioner
Also present
were: Associate County Attorney Sarah Zambon, County Engineer Marcus Jones,
Planning Director Anthony Starr, PIO Christy DeStefano, and Solid Waste Manager
Will Sager.
Absent was: Commissioner Mark Williams and County
Attorney Russ Burrell.
SOLID WASTE FEASIBILITY STUDY
OPERATIONAL IMPROVEMENTS
Chairman Bill
Moyer called the meeting to order and stated this is a workshop for the Board
of Commissioners to deal with Solid Waste issues.
County Engineer
Marcus Jones and Solid Waste Manager Will Sager provided an overview of where
the County stands on the Solid Waste Feasibility Study via a power-point
presentation.
Solid Waste
Feasibility Study – Operation Improvements
State Mandates
·
More
aggressive enforcement
Ø Self-contained
secured loads
Ø Leak-proof
·
In
addition to expanding recycling to meet new and old material bans
NCDENR
Inspection
·
With
the revenue from the 2008 Solid Waste Management Act, DENR is much more
aggressively enforcing State Mandates.
·
From
recent meeting with DENR inspector, Henderson County Solid Waste must have
compliance with Mandates or a reasonable plan for compliance.
“15A NCAC
13B.0105 COLLECTION AND TRANSPORTATION OF SOLID WASTE
(a)
The
solid waste collector shall be responsible for the satisfactory collection and
transportation of all solid waste to a permitted disposal site or facility.
(b)
The
solid waste collector shall transport to a site or facility only those solid
wastes which the site or facility is permitted to receive.
(c)
Vehicles
or containers used for the collection and transportation by whatever means,
including but not limited to, highway, rail, and navigable waterway, of
garbage, or refuse containing garbage, shall be covered, leak proof, durable,
and of easily cleanable construction.
These shall be cleaned as often as necessary to prevent a nuisance or
insect breeding and shall be maintained in good repair.
(d)
Vehicles
or containers used for the collection and transportation of any solid waste
shall be loaded and moved in such a manner that the contents will not fall,
leak, or spill and shall be covered when necessary to keep contents dry and to
prevent blowing of material. If spillage
should occur, the material shall be picked up immediately by the solid waste
collector and returned to the vehicle or container and the area shall be
properly cleaned.”
Information from
a NCDENR memo dated August 4, 2009:
“Through the
years the North Carolina General Assembly has banned a number of items from
landfill disposal and incineration.
These are principally found in FS 130A-309.10(f) and include: Used oil, yard trash (with exceptions), white
goods, antifreeze, aluminum cans, whole scrap tires, lead acid batteries,
beverage containers, oyster shells, motor vehicle oil filters (effective
October 2009), Recyclable rigid plastic containers (with exceptions and
effective October 2009), wooden pallets (effective October 2009), and discarded
computer equipment and televisions (as defined and effective January 2011)”
Chairman Moyer
asked about the recent memo sent out from the County Manager’s office in
regards to what could not be accepted at the landfill, i.e. yard trash.
Mr. Jones
responded that these items could be brought to the landfill but that the
landfill could not put them in the transfer station landfill. They must be put in a separate operation
where they are ground and turned into reusable mulch. The items mentioned on the memo can’t go into
a transfer station that results in a landfill or directly to a landfill in
North Carolina. It is the job of the
permitted solid waste operations to have opportunities for those materials
other than a landfill or transfer station.
How do we
comply?
·
Citizens: Recycle and use compliant transport
·
Permitted
Haulers: Use leak proof and self contained equipment, separate waste and offer
recycling as part of their service
·
Henderson
County Solid Waste: Expand recycling
service to permitted haulers, ensure that permits are issued only to compliant
haulers, compliant in house operations
This is not a
new law. DENR and Henderson County Solid
Waste have not been aggressively enforcing the law, this has changed. The DENR inspector has stated that Henderson
County Solid Waste must have compliance with these mandates or a reasonable
plan for compliance.
The issue with
mandates is the cost of compliance to citizens, permitted haulers, and
Henderson County Government.
Possible Hauler
Compliance Transition
·
2010
Permit Process (December 2009)
·
2010
through 2013 Permit Processes
·
2014
Permit Process: All compliant
Mr. Jones
explained that the rules apply to private haulers and well as municipalities.
Steve Wyatt
questioned “Grandfather” and wanted to make sure that DENR would not come down
on Henderson County for non-compliance and possibly fine us.
Mr. Jones
responded that this was dependent upon the particular inspector.
Chairman Moyer
felt that the minimum would be a letter from Marcus Jones to the inspector
saying this confirms our understanding that we are going to have a period where
we can work into these compliances, etc. to cover Henderson County.
Marcus Jones
confirmed that no one is allowed in the County to pick up trash and haul it to
the landfill for money unless they have a permit. He also noted it is specifically stated in the statutes that
bans apply to transfers from the Henderson County landfill to other
states.
Will Sager
stated the issue is that DENR permits our transfer station for its entire
operation and all the rules of the state statutes apply through the permit for
us to operate.
Marcus Jones
noted that Buncombe County bid their ten (10) year exclusive franchise to one
hauler who serves the entire County and this is how they are able to get a $14
per household fee. This is a benefit of
franchising.
Hauler
Compliance Transition
Ø These State
Mandates were discussed at the last Haulers meeting on August 5, 2009. All permitted haulers received an
invitation. DENR inspector was present
and underscored the need for compliance and a reasonable plan.
Ø While not as
high a priority for enforcement or as significant of a problem, these mandates
apply to self hauling citizens as well.
Operation
Improvements – Collection System - Definitions
Ø Permit “to consent to
expressly or formally” (no added value to the permitted party)
Ø Franchise “ a special
privilege granted to an individual or group” (added value to the Franchisee)
Ø Exclusive “limiting or
limited to possession, control or use by a single individual or group”
Ø Nonexclusive “ (not
exclusive) ”
Improvements –
Collection System – Options reviewed by Study
Ø Add recycling
requirement to existing permit process
Ø Franchise waste
collection: Public utility vs. private
enterprise, possible financial and environmental benefits.
Ø Add more
convenience centers: Significant increase in capital and operational
expenditures, results in tipping fees that are not competitive.
Chairman Moyer
asked if the committee had explored mobile recycling centers.
Mr. Jones
responded this is a possibility but was not considered in the study for further
financial analysis.
Discussion
followed in regards to mobile recycling centers.
Additional
Convenience Center
Ø Following cost
information from feasibility study:
Alternative 3,4: Table 1-B: Year 2/2011
Ø Study uses
commissioner districts as template to locate five additional centers.
Ø Costs for a
different number of additional centers can be determined from these costs.
Ø Increased
tipping fees
Ø Challenge to
locate facilities (“NIMBY”)
Capital Costs
Ø 5 new sites @
$800,000 per each (assumes County already owns the property) = $4,000,000
Ø Possible land
costs @ 2 acres per site and $20,000 per acre = $200,000 (staff estimate)
Ø Roll-off trucks
– 2 each @ $120,000 per each = $240,000
Operating Costs
Ø Utilities &
Maintenance: 5 sites @ $12,000 per year
= $60,000
Ø Attendants: 8 each @ $35,000 per year = $280,000
Ø Truck
Drivers: 2 each @ $50,000 per year =
$100,000
Ø Truck Fuel /
Maintenance: 2 each @ $30,000 per year =
$60,000
Equipment Costs
Ø Compactors
(5): 5 each @ $13,000 per each = $65,000
Ø Compactor Boxes
(8): 8 each @ $8,200 per each = $65,600
Ø Open Top Boxes
(14): 14 each @ $8,500 per each =
$119,000
Another Option
is to contract with a private organization to perform all or part of the
installation and / or operation of the County Convenience Centers.
|
Rate
Analysis: Proposed Tipping Fees |
||||||
|
|
2010 Year 1 |
2011 Year 2 |
2012 Year 3 |
2013 Year 4 |
2014 Year 5 |
2019 Year 10 |
|
Existing |
$52 |
$53 |
$54 |
$55 |
$56 |
$62 |
|
Existing w/CCR |
$52 |
$53 |
$53 |
$54 |
$54 |
$54 |
|
Centers |
$52 |
$58 |
$64 |
$67 |
$67 |
$71 |
|
Centers w/CCR |
$52 |
$58 |
$61 |
$64 |
$64 |
$65 |
|
Franchise |
$52 |
$53 |
$54 |
$55 |
$56 |
$59 |
|
Franchise
w/CCR |
$52 |
$53 |
$53 |
$53 |
$53 |
$54 |
Operational
Improvements – Convenience Center Revenue – Provide Fee Equity for all Citizens
·
Cost
of disposal: transportation, facility,
and landfill cost
·
Permitted
hauler customer pays all three
·
Convenience
center customer only pays transportation cost (at the expense of the Haulers)
·
Revenues
from recycling apply to all customers
Generate Revenue
to Pay for Convenience Center
·
Revenue
source from customers creating the associated expenses
·
Estimated
revenue from center: $250,000
·
Estimated
debt service and operational cost for center:
$250,000
·
Implement
with opening of new center (FY2011)
Chairman Moyer
felt that the tipping fee increase over the years was in excess of the
$250,000. He requested a report to show
how much the increase in the tipping fees would generate in revenue. Anything that goes across the scale for an
individual goes to tipping fees revenues.
Other
Considerations
·
Possible
to apply to all customers equally in the future: convenience center and permitted hauler
customers
·
Increases
value of recycling and in turn amount of recycling (Proven Strategy)
·
Tipping
Fees are reduced
·
The
study assumed only one convenience center; additional center further supports
this option
Staff
Recommendations
Ø Direct staff and
SWAC to work with the permitted haulers to develop a plan to implement
franchising and / or collection efficiencies
Ø Develop
convenience center revenue plan for incorporation in future budgets
Ø Initiate Haul /
Disposal Contract negotiations no later than January 2010
Staff requests
the Board discuss and determine the level of service it wants to provide to
Citizens in Solid Waste collection, disposal and in Recycling. Staff also requested direction from the Board
as to the level of enforcement including time frame of State Mandates.
Commissioner
Messer asked when the contract process begins in January 2010, with all the
competition could the rates come down.
Mr. Jones
responded the rates could possibly come down.
Our current contract expires December, 2010 and we should begin actively
pursuing negotiations and rebidding of that contract. There are at least two large organizations
that have expressed interest in bidding and he feels we will get a competitive
price.
Chairman Moyer made the motion that the Board authorizes
Engineer Marcus Jones to negotiate a five year compliance program along the
lines of the previous presentation. This must be
confirmed in some type of written document.
No vote was taken.
Marcus Jones
stated there are 30 permitted haulers, 18 have expressed they do residential
hauling, and 6 of the 18 are already compliant.
Chairman Moyer
expressed if the County decided to go to County-wide franchising after all of
these haulers have transferred their equipment it would be extremely
unfair.
Steve Wyatt
recommended that part of the permitting process requirement include that
haulers provide information to their customers.
Chairman Moyer
felt the Board should continue to try to narrow the focus of where we think we
might want to go, hold a public input session including haulers, and during the
five year period continue the permit process.
He would like to see the cost for a mobile unit.
Commissioner
McGrady did not feel that a five (5) year transition period was necessary; a
shorter period of three (3) years would be more reasonable.
Commissioner
Young agreed that six (6) of the haulers were already compliant and three (3)
years would probably be adequate for the transition period.
Commissioner
Messer felt the haulers should be heard before a decision is made.
Steve Wyatt
asked if the Board needed additional information other then the cash flow
analysis, the issue of the convenience center revenue vs. the tipping fee, and
cost of mobile units.
A brief update
would be provided to the Board at the October 21, 2009 meeting.
ADJOURN
Commissioner Messer made the motion to adjourn at
8:20 p.m. All voted in favor and the
motion carried.
Attest:
Teresa L. Wilson,
Clerk to the Board William L. Moyer, Chairman