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HomeMy WebLinkAboutpacket 3_58-66_Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include the City of Bozeman Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Debbie Arkell, Director of Public Services Chris Kukulski, City Manager SUBJECT: Authorize the City Manager to sign the Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include the City of Bozeman, and direct staff to follow the process set forth in Sections 7-13- 205 through 7-13-212, MCA to officially join the Gallatin Solid Waste District once the Agreement is signed by all parties. MEETING DATE: March 26, 2007 BACKGROUND: Staff has been working with the Gallatin Solid Waste Management District Board for over a year to reach a mutual agreement for the City of Bozeman to join the District. Among other things, the proposed Interlocal Agreement between the City of Bozeman, Gallatin Solid Waste Management District, and the Gallatin County Commission: • outlines the benefit of the City joining the District; • provides two seats on the District Board for City representatives; • permits the City to divert Class II garbage collected by the City’s Collection Division to the City landfill in order to utilize all remaining air space by June 30, 2008, at which time the City landfill will be closed; • allows the City to expand our existing Class IV cell for construction and demolition waste generated by City projects; • allows the District to request permission from the City Commission for the District to expand cells at the City Landfill; • allows the City to continue to operate our composting and collection operations; • agrees that once the city’s landfill is closed, all costs associated with recycling will be the responsibility of the District, and that the City will continue its current recycling programs at City cost with the understanding that changes to the programs that require District funding are at the discretion of the district; • states that the City will purchase and install a Convenience and Household Hazardous Waste Station at the City landfill, and that the District and City will negotiate a long term agreement to have the District pay for the operational costs of maintaining this facility, with the agreement completed not later than June 30, 2008. 168 City Commission Memorandum Solid Waste Management District Interlocal Agreement March 26, 2007 Page 2 The Agreement further resolves that the following will be completed: 1. The County Commission and City of Bozeman will follow the processes outlined in state law for the City to join the District; 2. The County and City Commissions will direct their respective attorneys to draft an agreement protecting the city from any liability regarding the known pollution at the Logan Landfill; and 3. At the next regularly scheduled meeting of the District Board following the City’s official joining of the District, the Board will amend their By-Laws to include two seats on the Board for City of Bozeman representatives. OUTSTANDING ISSUES: The Solid Waste Management District Board reviewed the Interlocal Agreement at their March 21, 2007 meeting. Section 4 of the proposed Agreement provides two seats on the Board for City of Bozeman representatives. These two seats were offered in 2003 by the County Commission when the District was first being formed, and continued to be proposed throughout the discussions of Bozeman now joining the District. The two seats were based on the amount of population and trash produced within the City of Bozeman. During discussion, all five Board members agreed that the City of Bozeman should not have more representation than other District member cities. The board voted 5-0 to accept the Interlocal Agreement with the exception of Section 4, which was amended to provide one (1) seat on the Board for a City of Bozeman representative, and to recommend to the County Commission that they accept the Interlocal Agreement with the amendment to Section 4. The Interlocal Agreement will be on the County Commission’s March 28, 2007, 1:30 p.m. meeting agenda. All three parties must approve and sign the Agreement before it becomes effective. FISCAL EFFECTS: By State Statute, notices giving property owners within the City an opportunity to protest the City’s intent to join the solid waste district must be mailed to approximately 13,800 property owners. Printing and mailing costs for half-sheet post cards would be approximately $6,600, plus staff time. This would be a City expense. There would be additional city attorney time for MCA research and agreement preparation. Other fiscal implications have already been discussed with the Commission regarding closing of the landfill cells. 169 City Commission Memorandum Solid Waste Management District Interlocal Agreement March 26, 2007 Page 3 RECOMMENDATION: Discuss Section 4 of the proposed agreement and determine whether one or two seats on the Board should be reserved for representatives from the City of Bozeman. Authorize the City Manager to sign the Interlocal Agreement (with or without amendments) to Expand the Gallatin Solid Waste Management District to include the City of Bozeman, and direct staff to follow the process set forth in Sections 7-13-205 through 7-13-212, MCA to officially join the Gallatin Solid Waste District once the Agreement is signed by all parties. ALTERNATIVES: As suggested by the City Commission. Respectfully submitted, _________________________________ ____________________________ Debbie Arkell, Director of Public Services Chris A. Kukulski, City Manager Attachments: Interlocal Agreement Report compiled on March 22, 2007 Cc: Bruce Hanson, Chairman, Gallatin Solid Waste Management Board (via email) Joe Skinner, Chairman, Gallatin County Commission (via email) Steve Johnson, City Solid Waste Superintendent Tom Miller, District Manager File #546a 170 Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include The City of Bozeman 1 INTERLOCAL AGREEMENT TO EXPAND THE GALLATIN SOLID WASTE MANAGEMENT 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 ___ day of ___________, 2007, by and between: GALLATIN SOLID WASTE MANAGEMENT DISTRICT BOARD (Board), Bruce Hanson, Chairman, Manhattan, Montana; and GALLATIN COUNTY COMMISSION (Commission), 311 West Main Street, Bozeman, MT 59715; and THE CITY OF BOZEMAN (City), 411 East Main Street, P. O. Box 1230, Bozeman, MT 59771-1230. 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 2003-054). 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 District’s Landfill, once the City’s current and existing airspace is filled closing landfilling operations by the City; • All parties could work together regarding district-wide recycling; • District residents could utilize the City’s 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; 171 Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include The City of Bozeman 2 • One combined entity could better plan for the future of solid waste region- wide that would include household hazardous waste, recycling, composting, 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 Board’s by-laws will be amended to include two (2) seats on the Board for City of Bozeman representatives, if permitted by Montana Codes Annotated. 5. The Board is awaiting the Montana Department of Environmental Quality’s (DEQ) most recent directives regarding the Corrective Measures Assessment for clean-up of an area at the Logan Landfill. The District will comply with all of the DEQ’s 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 Board’s financial plan for compliance. The City of Bozeman will not be deemed a separate responsible party for this clean- up. 6. 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 City’s existing landfill cells are solely the City’s responsibility. The City will not be able to continue this operation beyond June 30, 2008 unless 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 and/or Class IV cells at the City’s landfill site. If their 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 over-arching 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. 172 Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include The City of Bozeman 3 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 City’s landfill is fully utilized, all costs associated with recycling will be the responsibility of the District. Any and all programs relying on the District’s financial support are at the sole discretion of the 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 City’s 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 of Montana’s Department of Environmental 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 District’s top 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 IV cell somewhere in the District, recycling, and other solid waste management processes. NOW, THEREFORE, BE IT 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 7-13-205 through 7-13-212, MCA (2005) and mail notices to all District and City of Bozeman residences seeking to add Bozeman to the District’s 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 known pollution at the Logan Landfill as of the date of the City becomes a part of the District. 173 Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include The City of Bozeman 4 3. The Board will amend their By-Laws at the next regularly scheduled meeting following the City’s joining the District to include two (2) seats on the Board for City of Bozeman representatives. GALLATIN SOLID WASTE MANAGEMENT DISTRICT BOARD Bruce Hanson, Chairman GALLATIN COUNTY COMMISSION Joe Skinner, Chairman Bill Murdock, Member Steve White, Member CITY OF BOZEMAN, MONTANA Chris A. Kukulski, City Manager ATTEST: _________________________ Brit Fontenot, City Clerk Approved as to legal content: _________________________ Paul J. Luwe, City Attorney 174