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1986-18397-Minutes for Meeting December 10,1985 Recorded 9/17/1986(I. le �,,i'E 544 DESCHUTES COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING ON THE SOLID WASTE ORDINANCE DECEMBER 10, 49`15 C� Ski Chair Tuttle called the meeting to order at 7 QQ Commissioners Maudlin and Prante were in attendance. , Legal Counsel, was also present. Chair Tuttle asked Karen Green for the staff report. Ms. Green stated that the draft in discussion is draft #2, which would repeal the existing solid waste ordinance. She stated that this .'drdinance changes the recycling statement to agree with State \-)standards. Ms. Green stated that the ordinance also modifies the franchise requirements, in obtaining a franchise and the Z requirement of a franchise itself. This ordinance would continue to allow property owners to haul the waste they generate, but the biggest change and the most controversial is that it does not allow persons who haul other persons waste to do so without a franchise. Ms. Green further stated that this ordinance differentiates between commercial and non-commercial haulers. She stated that this distinction is based primarily on whether persons are in the business of hauling solid waste or not. She also stated that there are several housekeeping amendments being made, such as changes in definitions. Commissioner Maudlin stated that he has received many responses from people who are being affected by this change. He further stated that he and Karen Green have gone back and examined the record and the history of this issue. Commissioner Maudlin also stated that owners of real property or improvements may haul their own solid waste without a franchise. He also stated that because there is a lawsuit between an existing franchisee and a resort area, that resort would not qualify for the self -hauling exemption. Commissioner Maudlin further stated that the county would not come down on either side in litigation. Chair Tuttle asked for examples of exclusions from the self -haul exemption. Commissioner Maudlin stated that homeowner associations would not be able to subcontract for service because the association is not an owner. He stated that condominium associations fall under the same category, but if an apartment building is owned by a single person, that person would be able to self -haul. He also stated that single businesses could self - haul if so desired. He further stated that mobile home parks will not be included under the franchising situation. Chair Tuttle opened the public hearing and asked for comments from anyone wishing to speak on this issue. Terry O'Sullivan, representing Bend Garbage, stated that he applauds the commissioners for their decision. He stated that what he wants to know is if there is a time limitation in order to qualify for the exemption for mobile home parks. Commissioner PUBLIC HEARING ON SOLID WASTE ORDINANCE 12-10-85 PAGE 1 Vol. iFUPAiGE 545 Maudlin replied that there is no time limitation. Neil Bryant, representing the Inn of the 7th Mtn., asked the commissioners if he was correct in his understanding of the ordinance that the Inn would not be able to apply for a franchise. Commissioner Maudlin replied by reading that section of the ordinance that applies to an application for a franchise. He further stated that the exemption item has very narrow qualifications, but that it has been left in. Neil Bryant asked what the distinction is between a condominum situation and a hotel. Commissioner Maudlin stated that a hotel is not owned by individual owners, but by an individual corporation. Mr. Bryant asked that if the franchise was granted, would the franchisee be able to perform service at no charge or a lower rate. Commissioner Maudlin stated that there could be no favoritism and that everyone would have to be charged on the same basis. Karen Green made a statement to clarify an answer given by Commissioner Maudlin. She stated that the Inn is not exempt from a franchise requirement, because the Inn does not own the property. Mike Mills, 715 Commercial St. NE, Salem, representing High Country Disposal of Redmond, Brownrigg Investment, and LaPine disposal stated that he agrees with Mr. O'Sullivan's endorsement of draft #2 and the amendments made. He stated that he believes that this commission is making the right decisions in this matter. He also stated that he had some changes he would like to suggest. Carol Sandner stated that she is speaking on behalf of the tenants in her mobile home park. She asked Commissioner Maudlin if this was a permanent exemption. Commissioner Maudlin stated that this exemption will stand as long as the ordinance is not amended and that it would take a public hearing to do so. Vern Frost, Tillicum Village, stated that he approves of this ordinance. He asked the commissioners if there were any restrictions that apply to his collection of garbage as far as recycling is concerned. Karen Green answered by stating that only commercial garbage haulers have an obligation to state law. She further stated that he was not required to do curbside collection. Terry O'Sullivan, representing Bend Garbage, stated that he believes that the answer to Mr. Frost's question was incorrect. He stated that he believes that if someone is hauling for tenants and they separate their garbage for recycling and it is set out that way, that under state law it is a misdemeaner is mix-up this garbage. Mr. Mills stated that Ms. Green was correct in saying that Mr. Frost has no obligation to pick up. Ms. Green agrees with Mr. O'Sullivan's comments. She stated that there is no PUBLIC HEARING ON SOLID WASTE ORDINANCE 12-10-85 PAGE 2 VOL i9pA6[ 546 curbside collection for people who are not customers of commercial haulers or outside the urban growth boundary. Hank Hahn, High Country Disposal of Redmond, stated that he wants to clarify who would be responsible for picking up recyclables. He stated that only operators of mobile home parks within the city or the urban growth boundary would be required to pick up whatever is set out. Chair Tuttle asked for any more comments from those wishing to speak. Hearing none, he recessed the public hearing for a discussion of the issues with the Solid Waste Advisory Committee. Karen Green stated that the language in senate bill 405 relating to the picking up of recyclables at curbside was broad enough to potentially require mobile home park owners and similar landlords to do curbside recyling. Ms. Green stated that it was her understanding that DEQ did not interpret the law this way. She stated that this needs to be clarified with DEQ. There was a general discussion of curbside recycling. Mobile home courts do have a need for this and they should be required to haul recyclables. It was brought up that ways to collect fees to cover the cost of picking up curbside recyclables have been discussed with the City of Bend. The city approved fee increases for collection to cover these recycling costs with the understanding that the county would increase disposal fees and that this increase would be used for a recycling program. Karen Green stated that the ordinance in consideration does not address either the fees or the matter of curbside recycling for non - customers. Mr. O'Sullivan stated that this ordinance allows the board to state the area of pick-up of recyclables by resolution, but that the intent was only on existing service routes. Karen Green stated that it is possible that there may be an application for a franchise from someone who is not exempted. A franchise fee could not be charged in the same way to these persons. Mr. Bowers believed that a non-commercial hauler provision may create a loophole in the system. An example given was an owner of a large piece of property, who sublets space, could haul trash from the entire development. Karen Green stated that the exemption applies to non-residential property only. The new ordinance, like the old one, would give preference to the existing franchise. Mr. Strobel felt that the wording in the new ordinance should be clearer on the repeal of CG -4. Neil Bryant felt that the board should consider extending the exemption. He believes that the county should protect the individuals right to haul their garbage. Karen Green stated that it is better to have fewer exemptions so that the franchise system is not eroded. Commissioners Maudlin believes that individuals right to self - haul is important, but individual corporations who decide to get into the garbage business are another matter. PUBLIC HEARING ON SOLID WASTE ORDINANCE 12-10-85 PAGE 3 S . � rr volt.i��nGE 547 Chair Tuttle reconvened the public hearing and asked for any further testimony. Kim Ward, owner of Crown Villa and Quail Ridge mobile home parks, stated that he commends the commissioners for redefining the ordinance. He stated that his concern is making the definition of a single owner too narrow. He futher states that he has a hard time distinguishing why the exemption is non-residential. Chair Tuttle stated that the term "individual" applies to a single entity whether a person or a corporation. Mr. Strobel asked if the county is liable for injuries that are incurred while collecting required recyclables. Chair Tuttle stated that the county may be liable. Chair Tuttle stated that the board will take any written comments from interested parties. MOTION: Chair TUTTLE entertained a motion to continue the meeting to 10:30 a.m. December 18 to evaluate written comments. MAUDLIN: Second VOTE: MAUDLIN: Yes PRANTE: Yes TUTTLE: Yes The meeting was continued to December 18. D C TES COUNTY BOARD OF COMMISSIONERS ,i LAURENCE A. T�JTTLE, Chair F//04&0 - - " - Commissioner PRANTE, Commissioner BOCC:prt 86-102 PUBLIC HEARING ON SOLID WASTE ORDINANCE 12-10-85 PAGE 4