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HomeMy WebLinkAboutGallatin County's Proposed Amendments to Interlocal Agreement Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney Debbie Arkell, Director of Public Works Chris A. Kukulski, City Manager SUBJECT: Decision to Amend the Interlocal Agreement between Gallatin County and the City of Bozeman RE: City’s Involvement in the Gallatin County Solid Waste District MEETING DATE: May 11, 2009 RECOMMENDATION/SUGGESTED ACTION: To decide upon a motion amending the existing Interlocal Agreement between Gallatin County and the City of Bozeman regarding the City’s participation in the Gallatin County Solid Waste District by adopting Gallatin County’s requested amendments. BACKGROUND: Attached to this memorandum you will find Gallatin County’s proposed amendments to the existing interlocal agreement between the County and City regarding the City’s involvement in the Gallatin County Solid Waste District (the “District”). The proposed amendments are titled “Modification to Existing Interlocal Agreement to Expand the Gallatin County Solid Waste District to Include the City of Bozeman.” Gallatin County created the District in 2003 to control the storage, collection, and disposal of solid waste throughout the County. Sect. 7-13-201, MCA. In the spring of 2007, the City of Bozeman, by resolution, concurred in joining the District and entered into an interlocal agreement detailing the City’s and County’s relationship in managing the affairs of the District. The original interlocal agreement is also attached. Now, the County is requesting several changes to this interlocal agreement to facilitate the County’s desired restructuring of the operations of the District. In essence, the County Commission desires to accept for themselves the responsibilities of the existing Solid Waste District Board (the “Board”) and appoint an advisory committee to provide recommendations on operations to the County Commission. Currently, per the existing interlocal agreement, the City has one seat on the Board and as such has a direct voting right in the management affairs of the District. The proposed changes would eliminate this voting right in the direct management of the District’s affairs. The County’s proposed resolution amending the powers of the Board is also attached and would do several things. First, the proposed County resolution would eliminate the existing Board and remove all existing members. Second, the County’s proposed resolution would appoint the County Commission as the Board and in doing so the Commission would “…assume all duties of and act as the board of the District with the same powers and duties of that board effective immediately.” Third, 229 the County’s proposed resolution would create an advisory committee consisting of seven members of which the City would have one member. According to the County’s proposed resolution, the duties of this advisory committee would be to: 1. Function in an advisory capacity in support of Board of the Gallatin Solid Waste Management District’s goals through interaction with the District Manager and County Administrator. 2. Provide technical expertise with respect to waste management. 3. Support the coordination of solid waste management for all jurisdictions within Gallatin County. 4. Present input and recommendations concerning budget issues. 5. Participate in annual strategic planning sessions designed to promote continuous improvement in waste management. 6. Promote effective interagency resource coordination to improve efficiency and effectiveness in service delivery. All other existing terms of the current interlocal agreement would continue in full force and affect including the agreement requiring the County to indemnify the City for any liability associated with pollution that may have existed at the Logan Landfill prior to the City’s involvement in the District. We understand County representatives and representatives from the existing Board will attend the meeting to explain the circumstances behind the County’s request. ALTERNATIVES: As suggested by the City Commission. UNRESOLVED ISSUES: None. FISCAL EFFECTS: The City’s Solid Waste division relies on the Logan Landfill for garbage disposal, pays the Landfill’s tipping fees for all the trash we collect, and partners with the District for convenience station and recycling site operations. There will always be financial implications for the City regarding the District’s tipping fees and their ability to predictably provide disposal and recycling capacity. While this interlocal agreement doesn’t, in itself, make changes regarding those items, it would take away the City’s ability to vote on those important finance related issues. Attachments: County’s proposed Modifications to Interlocal Agreement to Expand the Gallatin County Solid Waste District to Include the City of Bozeman; Current Interlocal Agreement to Expand the Gallatin County Solid Waste District to Include the City of Bozeman; County’s proposed RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY: ELIMINATING THE GALLATIN SOLID WASTE MANAGEMENT BOARD AND REAPPOINTING THE GALLATIN COUNTY COMMISSION AS THE SAME, ASSUMING THE DUTIES OF THE GALLATIN SOLID WASTE MANAGEMENT BOARD AND CREATING A SOLID WASTE MANAGEMENT DISTRICT ADVISORY BOARD. 230 Modification to Interlocal Agreement to Expand the Gallatin Solid Waste Management District. 1 MODIFICATION TO INTERLOCAL AGREEMENT TO EXPAND THE GALLATIN SOLID WASTE MANAGEMENT DISTRICT TO INCLUDE THE CITY OF BOZEMAN This Modification to Interlocal Agreement to expand the Gallatin Solid Waste Management District to include the City of Bozeman takes effect on the ___ day of ___________, 2009, by and between: GALLATIN SOLID WASTE MANAGEMENT DISTRICT BOARD (Board); GALLATIN COUNTY COMMISSION (Commission); and THE CITY OF BOZEMAN, MONTANA (City). WHEREAS, the parties set forth above have entered in to a previous agreement entitled "Interlocal Agreement To Expand The Gallatin Solid Waste Management District To Include The City Of Bozeman” effective May 1, 2007 (“Interlocal”), WHEREAS, the parties to that agreement wish to modify its terms in writing supported by mutual consideration; NOW, THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, the parties hereto agree as follows: 1. All terms of the Interlocal referenced above are incorporated by reference herein except the following changes shall be made: A. Paragraph 4 of the Section entitled “IT IS UNDERSTOOD AND AGREED” shall now state: 4. The Board will create and establish the Gallatin Solid Waste Management District Advisory Board and accept a member appointed by the City to that Advisory Board. B. Paragraph 3 of the Section entitled “NOW THEREFORE, BE IT RESOLVED” shall now state: 3. The Board will create and establish the Gallatin Solid Waste Management District Advisory Board and accept a member appointed by the City to that Advisory Board. 2. County shall request the Gallatin County Clerk and Recorder file the original of this agreement in the records of the County and file a copy of this Agreement with the Montana Secretary of State. 231 Modification to Interlocal Agreement to Expand the Gallatin Solid Waste Management District. 2 GALLATIN SOLID WASTE MANAGEMENT DISTRICT BOARD _________________, its ___________ GALLATIN COUNTY COMMISSION R. Stephen White, Chair ATTEST: _________________________ Charlotte Mills, Gallatin County Clerk and Recorder CITY OF BOZEMAN, MONTANA Chris A. Kukulski, City Manager ATTEST: Stacy Ulmen, __________________, Bozeman City Clerk 232 COUNTY CONTRACT NUMBER 2007133 COUNTY CONTRACT ROUTING FORM ALL FIELDS MUST BE FILLED OUT PRIOR TO FINANCEATTORNEY APPROVAL ALL CONTRACTS MUST BE SIGNED BY OUTSIDE PARTY PRIOR TO ROUTING TO FINANCE OFFICER UPON FINANCE APPROVAL CONTRACT WILL BE ROUTED TO COUNTY ATTORNEY UPON COUNTY ATTORNEY APPROVAL CONTRACT WILL BE ROUTED TO THE COMMISSION CONTRACT NAME Interlocal A reement with Cit of Bozeman for Inclusion of Bozeman in the Gallatin Count Solid Waste District BRIEF DESCRIPTION OF CONTRACT Interlocal Agreement with Cityof Bozeman for Inclusion of Bozeman in the Gallatin Count Solid Waste District If this contract amends or is a changetask order to a previous contract provide original contract ORIGINAL CONTRACT RESPONSIBLE DEPARTMENT Commis ACCOUNT NA EFFECTIVE DATE DATE SIGNED BY OUTSIC FINANCE DIR APPROVE COUNTY ATTORNEY APPI SATE ATE DATE SIGNED BY BOARD OF COUNTY COMMISSIONERS CLERK AND RECORDER KEEPS AN ORIGINAL AND WILL ROUTE A COPY OF THE APPROVED CONTRACT TO THE FOLLOWING DEPARTMENTS RESPONSIBLEORIGINATING DEPARTMENT DEPUTY COUNTY ATTORNEYS OFFICE ATTN HELEN BALDWIN AUDITOR FINANCE DEPT DATE CLERK AND RECORDER DISBURSED COPIES 06 05 2007 THE RESPONSIBLEORIGINATING DEPARTMENT IS REQUIRED TO MAIL COPIES ANDOR DUPLICATE ORIGINALS OF COMPLET ONTRACTS TO ALL INTERESTED PARTIES CONTRACT AMOUNT NA EXPIRATION DATE 233 T0 Larry Watson Grants Administrator FROM Karen Semerau Executive Assistant DATE April 19 2007 SUBJECT Interlocal Agreement to Expand the Gallatin Solid Waste ManagementDistrictToIncludeTheCityofBozeman Hello Larry Please find following the Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include the City of Bozeman documentsignedandattestedbytheCityManagerandCityClerk Would you please make arrangements to have this put on the CountyCommissionmeetingagendaThedocumentsshouldthenbegivento Bruce Hanson for his signature If you have any questions please give me a call Tha you a regards K ren Semerau Executive Assistant City of Bozeman 4065822306 i 234 INTERLOCAL AGREEMENT TO EXPAND THE GALLATIN SOLID WASTE MANAEMENT DISTRICT TO INCLUDE THE CITY OF BOZEMAN This Interlocal Agreement to expand the Gallatin Solid Waste Management District to include the City of Bozeman takes effect on the 1tday of Mai 2007 by and between GALLATIN SOLID WASTE MANAGEMENT DISTRICT BOARD Board Bruce Hanson Chairman Manhattan Montana and GALLATIN COUNTY BOARD OF COUNTY COMMISSIONERS Commission 311 West Main Street Bozeman MT 59715 and THE CITY OF BOZEMAN City 4 East Main Street P O Box 1230 Bozeman MT 597711230 IT IS UNDERSTOOD AND AGREED as follows 1 The Gallatin Solid Waste Management District the District was created on May 20 2003 to provide structured management of the Logan Landfill and any future solid waste management systems in the District to provide a distinct entity under Montana law with the financial resources to fairly and properly carry out waste management duties and responsibilities and to provide an opportunity to perform alternative methods of collection and disposal of solid waste such as recycling and composting County Resolution 2003054 2 The City of Bozeman entered into an Interlocal Agreement on October 17 2005 for the disposal of solid waste that is collected within the City limits of the City of Bozeman at the Logan Landfill 3 The following benefits would be attained by the City of Bozeman joining the Gallatin Solid Waste Management District The City and its residents would have a guaranteed place to deposit collected waste for the long term The District would be assured that all waste generated within the City would be deposited at the Districts landfill once the Citys current and existing airspace is filled closing landfilling operations by the City All parties could work together regarding districtwide recycling District residents could utilize the Citys household hazardous waste facility with the District contributing toward the operations of the facility The City and District could potentially combine their solid waste assets and experience regarding landfill operations equipment collection and recycling to benefit all residents within the District One combined entity could better plan for the future of solid waste regionwide that would include household hazardous waste recycling composting Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include The City of riozeman Pg 1 of S 235 convenience sites as well as a potential Materials Recovery Facility or other long range solid waste facility 4 Upon the City becoming an official member of the District the Boards bylaws will be amended to include one 1 seat on the Board for City of Bozeman representatives if permitted by Montana Codes Annotated S The Board is awaiting the Montana Department ofEnvironmental QualitysDEQ most recent directives regarding the Corrective Measures Assessment for cleanup of an area at the Mogan Landfill The District will comply with all of the DEQs requirements After directive is received from DEQ the Board will assess the financial commitment needed for compliance with those requirements and will provide the City with the Boards financial plan for compliance The City of Bozeman will not be deemed a separate responsible party for this cleanup C The City of Bozeman will be permitted to divert Class II garbage collected within the City to its current landfill at a rate agreed to by the District in order to fill the remaining airspace that exists The tipping fees and all liabilities with the Citys existing landfill cells are solely the Citys responsibility The City will not be able to continue this operation beyond June 30 208unless authorized by the District 7 The City of Bozeman will be permitted to expand their existing Class IV cell for the disposal of construction and demolition waste generated by and limited to City of Bozeman projects No commercial or residential Class IV waste not associate with City of Bozeman projects will be allowed 8 The District has the right to request expansion of Class II andor Class IV cells at the Citys landfill site Iftheir request is approved by the City Commission the District would lease the land from the City and the District would be solely responsible for all costs associated with expanding said cells and all liability associated with the landfill operations will transfer from the City to the District 9 While the overarching goal of the parties hereto is to develop one cohesive County Wide Solid Waste Management District all parties hereto concur that the City of Bozeman shall continue to utilize and operate their collection and composting operations and the final Resolution officially expanding the District will specifically so state In so doing the City agrees not to expand its collection division beyond the Bozeman City limits without prior approval by the District 10 The District agrees that as long as the District is a member of Headwater Recycling one consolidated payment to Headwaters will be paid by the District The City will continue its current recycling programs with the understanding that changes to these programs that require District funding are at the discretion of the District The District agrees that once the current airspace at the Citys landfill is fully utilized all costs associated with recycling will be the responsibility of the District Any and all programs relying on the Districts financial support arc at the sole discretion of the Inerlocal Agreement to Expand the Gallatin solid Waste Management District to Include The Cily of Bozeman Pg 2 of 5 236 District If through its collection division the City offers recycling opportunities at the sole cost of the City they do not require District approval 11 The purchase and installation of a Convenience and Household Hazardous Waste Station will be made by the City and located at the Citys current landfill The City and District will negotiate a long term agreement to have the District pay for the operational costs of maintaining this facility once the City closes its existing Class II cell This agreement will be completed not later than June 30 2008 12 In order to achieve a higher level of solid waste management consistent with the State ofMontanasDepartment ofEnvironmental Quality goal to reduce through source reduction reuse recycling and composting the amount of solid waste generated that is disposed of in landfills a coordinated effort of methods of collections and disposal of solid waste such as recycling and composting is needed The District is the best avenue for attaining a high level of regional solid waste management The Districtstop priority is the management and expansion of the Logan landfill Once this is accomplished the District will be able to devote attention to other areas of solid waste management including but not limited to the development of a Class 1V cell somewhere in the District recycling and other solid waste management processes 13 The terms of this Agreement remain in effect unless otherwise modified or amended in writing by the parties or until such time the parties terminate this Agreement If following the procedures required by law the City is included in the District then upon the City bcing included in the District the Parties shall not terminate this Agreement unless authorized by law 14 This Agreement does not create any separate legal entity The District will remain a distinct legal entity upon inclusion of the City into the District 15 If fallowing the procedures required by law the City is included in the District then upon the City being included in the District all real and personal property of the District shall remain that of the party owning the real or personal property prior to inclusion of the party into the District NOW THEREFORE BE 1T RESOLVED that with the foregoing fully agreed to 1 The Gallatin County Commission and the City of Bozeman will follow the process set forth in Sections 713205through 713212 MCA 2005 and mail notices to all District and City of Bozeman residences seeking to add Bozeman to the Districts territory 2 The Gallatin County Commission will direct the County Attorney and the City Manager for the City of Bozeman will direct the City Attorney to work together and reach an agreement on language protecting the city from any liability regarding the Interlocal ngrecment to Expand the Gallatin Solid Wasle Management 17istrict to Include The City of Bozeman Pg 3 0l S 237 known pollution at the Logan Landfill as of the date ofthe City becomes a part of the District 3 The Board will amend their ByLaws at the next regularly scheduled meeting following the Citysjoining the District to include one 1 seat on the Board for City of Bozeman representative 4 The County shall request the Gallatin County Clerk and Recorder to file the original of this Agreement in the records of the County and file a copy of this Agreement with the Montana Secretary of State A copy will be delivered to the City and the District GALLATIN SOLID WASTE MANAGEMENT DISTRICT BOARD Date Bruce Hanson Chai GALLATIN COUNTY COMMISSION DategiIJ Joe Ski Wilms A Murdock Mern Date Date J Stephen White Member ATTEST 7 KC Date C7 7 Charlotte Mills Clerk and Recorder Intcrlocal ngrccnicnt to Expand the Gallatin Solid Waste Management District to Include The City of Boeman Ig4of 5 238 4 SX P IA ty jpyr d IwNi r eFr rt r t 1 rChTYOF BOZEMAN MONTH A fY Chris A Kukulski City Manager Date f d Date T yD Interlocal Agreement to Expand the Gallatin Solid Waste Management Listrictto Include The City of Bozeman Pg 5 of 5 239 RESOLUTION NO. ___________ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY: ELIMINATING THE GALLATIN SOLID WASTE MANAGEMENT BOARD AND REAPPOINTING THE GALLATIN COUNTY COMMISSION AS THE SAME, ASSUMING THE DUTIES OF THE GALLATIN SOLID WASTE MANAGEMENT BOARD AND CREATING A SOLID WASTE MANAGEMENT DISTRICT ADVISORY BOARD This Resolution was introduced by ___________________________; moved by Commissioner __________________ and seconded by Commissioner ____________________. The Resolution was adopted __________________________. WHEREAS, on September 26, 2007 the Board of County Commissioners of Gallatin County (“County Commission”) reformed the Gallatin Solid Waste Management District (“District”) in its Resolution Number 2007-119; WHEREAS, in Resolution Number 2007-119 the County Commissioners set forth the powers of the board created for the District; WHEREAS, §7-13-213, MCA allows appointment of a board and states the board of any Solid Waste Management District is subject to the provisions of Title 7, Chapter 1, Part 2, MCA; WHEREAS, on January 9, 2008 the County Commission appointed a board for the District and generally set forth the number of board members pursuant to 7-1- 201(1)(a) and qualifications of those members pursuant to 7-1-201(1)(d) in its Resolution Number 2008-001 as required in §7-13-213, MCA; WHEREAS, §7-1-201(7), MCA states all members of any board subject to Title 7, Chapter 1, Part 2, MCA shall serve at the pleasure of the county commissioners; WHEREAS, §7-1-203, MCA allows the county commissioners to assume the duties of any board or district with the same powers as that board or district when a minimum number of persons is not available for membership; and WHEREAS, necessity dictates that the Gallatin County Commissioners assume the duties of and act as the Board of the Gallatin Solid Waste Management District and appoint an advisory board. NOW THEREFORE, BE IT RESOLVED as follows: 1. Pursuant to the authority set forth in §7-13-213, MCA and §7-1-201(7), MCA, Resolution 2008-001 of the Board of County Commissioners of Gallatin County is rescinded, the Board of the Gallatin Solid Waste Management District is eliminated and 240 all current individual members of the Board of the Gallatin Solid Waste Management District are removed from their respective offices effective immediately. 2. Pursuant to the authority set forth in §7-13-213, MCA and §7-1-203, MCA, the Board of County Commissioners of Gallatin County reappoints itself as the Board of the Gallatin Solid Waste Management District. The County Commissioners shall assume all duties of and act as the board of the District with the same powers and duties of that board effective immediately. 3. The County Commissioners as the Board of the District creates and establishes the Gallatin Solid Waste Management District Advisory Board (“Advisory Board”). The Advisory Board shall have the following general parameters and duties: A. The membership of the Advisory Board shall include seven (7) representatives as follows: 1. Member appointed by the Bozeman City Commission 2. Member appointed by the Belgrade City Commission 3. Member appointed by the Manhattan Town Council 4. Member appointed by the Three Forks Town Council 5. Industry member appointed by the County Commission 6. Citizen member appointed by the County Commission 7. County Commission member B. The Advisory Board shall: 1. Function in an advisory capacity in support of Board of the Gallatin Solid Waste Management District’s goals through interaction with the District Manager and County Administrator. 2. Provide technical expertise with respect to waste management. 3. Support the coordination of solid waste management for all jurisdictions within Gallatin County. 4. Present input and recommendations concerning budget issues. 5. Participate in annual strategic planning sessions designed to promote continuous improvement in waste management. 6. Promote effective interagency resource coordination to improve efficiency and effectiveness in service delivery. 241 Dated this ____day of _____________________ 2009. BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY ____________________________ R. Stephen White, Chair Attested: ________________________ Charlotte Mills Clerk and Recorder Gallatin County 242