HomeMy WebLinkAboutSWAB minutes 121202 Solid Waste Advisory BoardammoRegular Meeting
December 12 , 2002
Government Services , Hillsborough
Approved January 9 , 2003
The Orange County Solid Waste Advisory Board met on December 12 , 2002 at the Government
Services Building in Hillsborough at 6 : 00 p . m . A light dinner was provided . Members in
attendance were : Jan Sassaman ( Chair) Remus Smith, Albert Vickers . Also attending were , BJ
Tipton (UNC) , Barry Jacobs ( Commissioner , liaison) Phil Prete (Town of Carrboro staff) .
Orange County staff in attendance : Gayle Wilson, Rebecca Holdway , Blair Pollock, and Mary
Watkins . Others included : Joe Cook and Jeff Hughes from the Institute of Government . Special
guest : Torn Smith from Prince William County , VA .
The meeting was called to order by the Chairman at 6 : 15 p . m . Jan announced the resignation of
Brian Ketchem , Hillsborough Representative .
Absent a quorum, no votes were taken and this meeting served as a working session of the
Board .
1 . Adoption of Minutes from October loth and November 14th Meetings . The Minutes of
October and November were tabled due to the lack of a quorum .
2 . Report re : Feedback from Carrboro regarding process for proceeding with County
Commissioner review and obtaining input from towns and public . Jan Sassaman noted
that the second item of business was that each representative was going back to their
respective jurisdictions to get feedback talking with Town manager or elected officials on
what we are doing and get ideas on what they wanted us to do . Carrboro was supposed to
give this report but will be postponed until next meeting .
3 . Non -Residential Fee Issues — Prince William County Virginia Experience — Tom Smith ,
Solid Waste Division Chief. Jan introduced Tom Smith, Division Chief of the Solid Waste
Management of Prince William County , VA . The members of the SWAB board introduced
themselves to Mr . Smith .
Mr . Smith gave a presentation on his experience and Prince William County ' s experience in
developing a fee structure to finance their Solid Waste operations . Every community is
different . The situation in Orange County is probably different from Prince Williams ' s but at
least you can get an idea on the thought process we (Prince William) went through to end up
were they how have a Solid Waste user fee which is billed to every property in the County
[including non -profit agencies ] .
Prince William County is a suburb of Washington, DC ; located about 30 smiles south . I - 95
goes through the County . There is a mix of residential and retail properties , including about
60 % residential , 40 % business type properties . We are trying to attract high-tech companies .
AOL is in the County , which may be good or bad , depending on how you look at it . There
are 300 , 000 residents and it ' s growing . The government is an elected county board , 7
districts and one at- large ( eight-member board) . Each board member has an equal vote , under
an appointed county executive form of government .
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Solid Waste Advisory Board- - Regular Meeting
December 125 2002
Government Services , Hillsborough
Approved January 9 , 2003
Prince William County began operating the landfill in 1969 as one of the first permitted
landfills in the State of Virginia . One of the differences between Prince William and Orange
is that all the collections including both residential and commercial are done by private
companies . There are no municipal (public) collections of waste . Two cities located within
the county are totally independent from the county . They have their own tax rate , their own
planning office , etc . They handle their own waste as they see fit . [They do not pay the
County' s waste assessment fee . ]
ided to expand the existing landfill . The county purchased
In 1988 the county dec
approximately 800 acres of land bringing the site to almost a thousand acres . To do that, the
county had to borrow money as a revenue bond for $ 123 million, of which $ 18 million is still
outstanding . We have an integrated system, similar to most governments who have recycling
programs and yard waste programs . We have a unique situation with Fairfax County to our
north, where we utilize a new waste energy facility . We work together on yard waste
compost . We have a regional yard waste compost facility where Fairfax County brings yard
waste to Prince William and Prince William ' s trash goes to Fairfax waste facility for
disposal . It ' s called the 'trash trade ' .
When we expanded the landfill we wanted to have a long -term solution, so we made plans to
extend the landfill to 2050 . We had gate fees to cover the entire system . The County ' s tipping
fee covered the recycling program (dropoff sites and materials recovery facility but no
curbside) , household hazardous waste program and the yard waste program . The fee covered
everything . That was the primary source of revenue .
The county did have a flow control ordinance which required that all trash generated within
the county would be delivered to the county landfill , which fell apart due to a Supreme Court
decision [ Carbone 19961 . The City of Manassas within the county decided to go its own with
trash disposal . They allowed Waste Management to build a transfer station within that city .
The large [privately owned] landfills located south of the county and central Virginia were
developing . The County began to lose trash to other facilities . With the loss of trash flow, the
landfill tipping fee revenues begin to drop . The number of haulers dropped from 19 down to
6 . The big guys were buying up the little guys . Four big haulers and two little ones survived
this crisis .
Working with two citizen committees (one is made up of representatives of each jurisdiction
of the county and the other with one with citizens who live around the landfill) whose
primary issues were the landfill and how it operates . These committees recommended that
the County (for the short-term) import trash . The rates were dropped , trash flow increased
and the revenue increased enough to pay the bills .
Trash was imported from as far away as New York, Pennsylvania, Maryland and the District
of Columbia . Trash could be intercepted off I - 95 before going to the southern landfills . A
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Solid Waste Advisory Board - - Regular Meeting
December 12 , 2002
Government Services , Hillsborough
Approved January 9 , 2003
marketing person was hiring to Help bring in trash, which actually produced more revenue for
the County .
We looked at several long -term options for the landfill : ( 1 ) Get out of the business and sell ;
(2 ) Lease out the operation to the Private sector ; (3 ) Close the landfill altogether ; (4 )
Consider alternative funding ; ( 5 ) Generate Fees and (6) Impose a tax levy .
We developed pros and cons with each citizen committee for each option .
1 . Our citizens did not want to sell the land because they would lose control .
2 . The Private sector operator — they did not see that that solves the problem (the County
would incur similar costs as before and the private contractor would still likely want to
import trash to malice the money) .
3 . Close the landfill — there would still be debt payment to worry about, there would be
closure cost, the landfill would be closed earlier than anticipated due to increased waste
brought in .
4 . 5 , or 6 The Countywide user fee , the biggest con was this new fee on the tax bill . Many
elected officials would think negatively about adding such a fee . This would be a new fee
that would be added to the tax bill .
With the options available , the two committees conducted surveys with the private sector
businesses , meet with the Chambers of Commerce , held public meetings , and met with
several Homeowners Associations . Flyers were made available at the Public Library to let
them know the options and situations . The feedback from citizens was : ( 1 ) the importing of
trash and what is it going to do to the life of the landfill . (2 ) Would a fee imposed to cover
landfill costs affect the prices changed by the private haulers (3 ) charge a fee or tax just to
cover the landfall , (4) why should the county be in this business . After further discussions
with the Board , four options were considered . With the four options a matrix was developed
with each of these issues that were expressed as concerns or impacts from the citizen ' s ( 1 )
Solid Waste Fee — keep the truck traffic local (i . e . don 't import trash) . If the fee was left at
$ 70 . 00 (per household) with no tipping fee . One of the benefits of having this fee would be to
stabilizing the revenue . (2 ) Continue to import trash and keep the higher volume of truck
traffic . The larger haulers haul more trash and charge higher prices . The smaller guys have
nowhere else to go . ( 3 ) Blended User Fee — where some of the cost would be added to the tax
bill but some fees would still come from the landfill . The larger haulers liked this idea . (4 )
General Fee Subsidy - tax increase or levy 5 % on the assessed value for the property .
A couple of public hearings were held before the Board of Supervisors . This plan was
worked on for 2 1 /2 years before it was presented . Most citizens supported keeping the
landfill . Other systems were researched which both had generator fees . We worked very
closely with the County Attorney ' s office for legal advice . The rate was based on a single
family home as the primary measure of waste generation . The amount of waste generated for
a single family home . Each home on an average generates a total of 1 . 3 tons of trash each
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Solid Waste Advisory Board- -Regular Meeting
December 12 , 2002
Government Services , Hillsborough
Approved January 9 , 2003
year . Finally a decision was made to bill all the non- residential facilities . A survey was sent
to each large business facility on how much waste was generated in a year . It was estimated
on the usage from the businesses where they did not respond to the survey .
In order to do the solid waste billing , the computerized financial billing system had to be
upgraded to go along with the assessment system of the county in order to generate fees to be
taxed .
It took about 2 1/2 years to go through the entire process of setting this up , with how much to
charge on the tax bill , getting the system up and running with the finance office and the
assessor ' s office . All the long-terms options were evaluated before settling on the one that
would be suitable for the county . Every inhabitable structure gets billed . The county
implemented a user fee , which was approved by the state . An ordinance was developed to
implement the fee structure .
Questions were asked of Mr . Smith to differentiate between townhouses and an apartment
attached to a house . He explained that duplexes are a single - family dwelling and each
dwelling was taxed as such . An adjustment can be made if a building is vacant for at least 6
months out of a year . The owner must apply for the adjustment
In his conclusions Mr . Smith recommended that the SWAB board look at as many options as
possible . Never say " it won ' t work" . Try to look at all options . Make sure that you have , as
many citizens as possible are involved as they are all stakeholders in this process . This will
not be an easy issue , since you are thinking of attaching another fee to whatever is already
assessed . Evaluate all the options . Get the media involved . Understand your politics .
Consider what is best for the county . What does it cost to run the landfill ? Have the citizens
understand that whomever benefits from the system should pay for it . Think long -term .
Comments and questions were solicited from the board [ and staff] . Gayle Wilson asked how
many counties around the nation are having the same problem . Mr . Smith responded he did
not know the figures , but there are a lot . Mr . Smith explained that every drop is taxable . An
ordinance is in effect in VA to get the fees and who will pay . Every hauler is charged fee .
A lengthy discussion followed with questions how the Virginia system is handling card
board , plastic bottles , metal , etc . It was also asked how the landfill is operating at this time .
Mr . Smith stated that it is now operating on a 32 % basis and the goal is 40 % . Haulers are
being fined $ 1 , 000 per violation if they are caught hauling waste in from out of county
illegally mixed with in- county waste . Citizens are involved and will patrol the landfill for
non- compliance and will report the violator . It was noted that the only facility not being
serviced is the [Quantico ] Marine base , they dispose of their own waste .
1 . Alternative Financing recommendations — SWAB Process and Schedule for Reporting
to Board of County Commissioners . Jan stated that he met with Mr . Jacobs last month to
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Solid Waste Advisory Board- - Regular Meeting
December 12 , 2002
Government Services , Hillsborough
Approved January 9 , 2003
find out his opinion on what the SWAB is thinking . We talked about trying to get closer
communication with the Commissioners . Barry suggested that we get up a work session with
the Commissioners . The very earliest would be January . Barry suggested that at the work
sessionswe walk the Commissioners through the process . Barry also suggested that we also
have the County Attorney attend these meetings to get his input on how to proceed and
advise us on legal questions . Jan suggested that Gayle be responsible for getting the County
Attorney to the next meeting . Gayle responded that he would ask, but the Commissioners
would be the ones that would make sure he was in attendance .
One of the things Jacobs and Sassaman discussed was the 61 % recycling goal and as a
[ SWAB ] board we have officially put our stamp on that percentage . I got the sense that the
BOCC ) board was pretty much committed to that goal . We are talking about a goal —
something that we are going to shoot for . We talked about the timing and implementation of
that goal . How pushing the implementation back later on in time would affect our fiscal
needs .
We talked then about the analysis as it was last month with two basic scenarios ( a) looking at
scheduled implementation somewhat later than was originally planned and (b) 61 % by the
year 2006 was probably not within the ream of the achievable . Barry suggested that we
develop a chart showing a continuum of where we are now at approximately 45 % recycling
up to 61 % . Show the mechanisms needed for each incremental increase in recycling such as
the MRF , new programs , pay as you throw, etc . At each incremental step show the reduction
and the cost of each incremental reduction .
We talked about our need to get a better sense of what the Board of Commissioners wanted
in general . Barry suggested that we prepare a semi - annual report to the Board and use that as
an opportunity to let them know what we are doing and to provide a vehicle for a dialog with
them and finally he indicated that the Board would probably like to see a calculation about
any fees that we would suggest that we would recommend such as availability fees , taxes ,
etc . for the solid waste operations would relate to the overall tax rate .
Mr . Jacobs stated that the Board had not discussed much in the way other than operational
decisions . We have not had much of philosophical discussion about anything related to solid
waste . We talked about the purchase of a grinder and implementing the [regulated recyclable
materials ] ordinance , but we haven ' t looked at a big picture level since a recommendation
was made not to hire a consultant , which was a year ago . That was why I suggested a work
session with the Commissioners to get them up to speed on what is happening .
Jan asked Gayle what he thought would be the best approach for the work session . Gayle
it would be February before we would be ready to have a
responded that he thought
discussion with the Board of Commissioners and be reasonably prepared to answer a lot of
the questions that we would expect them to ask and we can ask the University
(Environmental Finance Center , i . e . Jeff Hughes , Joe Cook) to present with us . Gayle
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Solid Waste Advisory Board- - Regular Meeting
December 12 , 2002
Government Services , Hillsborough
Approved January 9 , 2003
reiterated that he thought February would be the best month to talk with the Board and
receive further direction and guidance and summarize the work we have done so far and
review its assumptions . We can talk about the plan and its impact and its cost . Most
importantly , the consequence of doing nothing in next years solid waste budget . If we had a
meeting with the Board of Commissioners and the only point we were able to make was that
without some reduction in services we couldn ' t continue at the current rate without some
type of additional income .
The Board may proceed to show interest in one of these scenarios [implementing the plan or
continuing status quo ] and proceed toward implementation or they may say we like this , " It is
too complicated . What can we do to buy us time to work through the details ? " or they may
say [for example] , " Gayle , cut your budget $ 800 , 000 next year because you don ' t have the
money . " We do need to have a meeting with them and show them where we are financially .
We haven ' t had a talk with them in some time and frankly the staff is interested in what they
are thinking .
Mr . Jacobs gave the dates for the scheduled work sessions . He stated that if we wanted to
make budget statements that would affect next fiscal year , the Commissioner would like to
make decisions as early as * possible depending on the new sales tax . Gayle stated that
February 26"' would be good timing for SWAB to attend the Board of County
Commissioners work session . Mr . Jacobs suggested that Gayle contact the Assistant County
Manager about this date for scheduling SWAB attendance at the meeting .
It was the consensus of the SWAB that they would made a presentation to the BOCC in
which it would be explained in detail the purpose of the MRF , the necessity for it { if the
waste reduction goals are to be met] and its capabilities , how it would be different from the
[failed] one in Alamance County . Mr . Jacobs added that we need to sell the Commissioners
on this . It was also suggested that the information to the Commissioners be very thorough
and precise and to leave no stone unturned .
Al Vickers suggested that of the issues before the board it would be difficult to know which
items to cut . He suggested that a discussion of the following would be helpful ( 1 ) the current
solid waste management plan , implementation, cost (2 ) minimal cost of maintaining the
status quo without increasing recycling and just trying to hold where the county is , (3 ) what
level of collection and processing it would take to achieve the goal in the solid waste
management plan . This would show what the enhanced processing facility [MRF ] would be
giving you in accomplishing the goals .
4 . Continuation of discussion of non - residential funding scenarios and customer group
impacts . Joe Cook (Institute of Government) distributed a handout for the meeting which
contained the following information
Scenarios for December 12 , 2002 SWAB Meeting
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Solid Waste Advisory Board - - Regular Meeting
December 12 , 2002
Goveriu-nent Services , Hillsborough
Approved January 9 , 2003
The document outlined several different alternative - funding scenarios for the Orange County
Solid Waste Department for the fiscal years 2003 - 04 to 2010 - 11
Scenarios Presented :
1 . No new sources of revenue (move to deficit or very high (theoretical ) tipping fee .
2 . Fees or taxes change each year to balance the budget in that year .
3 . Property taxes increase in 03 - 04 , but no fees .
4 . Availability fees are implemented in 03 - 04 , but no property taxes .
5 . Property taxes increase in 03 - 04 to cover general services , but availability fees are
implemented cover all other specific service areas e . g . curbside recycling , multifamily ,
rural curb , commercial . .
6 . Availability fees are implemented in 03 - 04 , but no property taxes . Fees are raised in 09 -
10 to balance the budget [because landfill closure costs combined with loss of landfill
revenues drives ' deficit ' higher at that point . ]
Assumptions :
1 . Service Level "A " — expansion of rural curbside service , MRF , commercial recycling
expansion, etc . that is the implementation of the plan to meet/approach the goal
2 . Landfill Closure Fund — begin separate sinking fund contributions start in 02 - 03 to cover
projected closure costs in 09 - 10 ($ 2 . 513 million)
3 . Greene Tract — OCSW receives reimbursement for southern Greene Tract in 3 equal
installments ( $ 272 , 253 ) in 04 - 05 , 05 - 06 and 06 - 07 . Revenue from the Greene Tract
reimbursement is contributed to the Landfill Closure Fund, lowering the contribution needed
and thereby lowering the proposed general service fee .
4 . The total assessed value of taxable properties increases 2 % per year .
5 . The number of all customers is assumed to grow at 2 % per year . Though the total number of
rural households is assumed to grow at 2 % per year, the percentage of these households that
receive curbside service jumps dramatically 2006 - 07 as a result of aggressive expansion of
recycling services from the 40 - 50 % that now receive service to as physically close to 100 %
as achievable , some units will remain unserved due to inaccessibility .
6 . According to the OC Tax Assessor ' s office , there are 121 mobile home parks in the county
with approximately 2 , 510 spaces . Assuming a 7 % vacancy rate , we assume that there are
2 , 334 mobile home customers in the county . For now, they are all assumed to be in the
unincorporated area, and since they will likely receive service as a multifamily customer,
they are included in the count of unincorporated multifamily customers . NOTE : This has
been amended to include these customers as rural single family curbside customers .
7 . Although projections are based on 2002 - 03 data, any new sources of revenue would begin in
2003 - 04 .
8 . An important change from previous projects is the estimated fund balances . Previous models
showed a beginning fund balance in 2002 - 03 of $ 3 . 14 million . The most recent county
budget shows that approximately $ 3 million will be appropriated from the SW fund balance ,
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Solid Waste Advisory Board- -Regular Meeting
December 12 , 2002
Government Services , Hillsborough
Approved January 9 , 2003
leaving only approximately $ 140 , 000 remaining as the beginning fund balance for 2003 - 04 .
To be conservative , we assume a 03 - 04 starting fund balance of $ 300 , 000 , split equally
between the equipment reserve and the solid waste fund .
Scenario 1 : What is the effect of a sinking fund to cover landfill closure costs ?
A graph showed the cash flow deficit for two different situations . Both assume no new
sources of revenue . The first is the situation presented to SWAB at the last meeting — without
a landfill closure fund . The second situation assumes that , beginning in 2002 - 03 , the
department begins saving for the landfill closure expense , estimated at $ 2 . 513 million in
2009 - 10 . It was also noted that reimbursements for the southern Greene Tract are put into
this sinking fund to reduce the contributions . The graph showed that the sinking fund
increases the deficit over the period 2002 - 03 to 2008 - 09 , but avoids part of the much bigger
deficit spike in 2009 - 10 . Specifically , it avoids the $ 2 . 5 million landfill closure costs , but
does not avoid the approximately $ 1 . 7 million deficit that is primarily due to lost tip fee
revenue when the landfill closes . This again points to the need for some alternative sources of
revenue .
Scenario 2 : What fees or property tax increases would be necessary each year to balance the
budget? The table on the handout showed what fees would be for a particular type of
customer in order to balance the budget each year . For example , an urban curbside customer
in 02 - 03 would pay $ 3 . 16 for general services (administrative , landfill , hazardous waste , etc . )
and $ 55 . 96 to cover urban curbside services , a total of $ 59 . 12 . It was noted that fees jump in
2009 - 10 because of lost tip fee revenue coupled with landfill closure .
Another table in this scenario showed the amount that proper taxes would need to be raised to
substitute for the service area [availability] fees calculated in the previous table . For example ,
if it were decided to cover urban curbside services with a general property tax increase while
charging availability fees for all other service areas , the County would need to raise property
taxes by $ 0 . 0101 per $ 100 of property value . This is the equivalent of charging all urban
curbside customers $ 59 . 12 .
Scenario 3 : Increase Property Taxes in 2003 - 2004 , No Availability Fees . This chart showed
a property tax increase in 2003 - 04 which equals $ 0 . 0302 $ per $ 100 evaluation . Property
taxes are raised once , in 2003 - 2004 to cover all solid waste program deficits . The property
tax increase needed to balance the solid waste budget actually fluctuates , but the county
commissioners [practically] cannot adjust taxes each year, therefore one needs some sort of
average . Looking back at scenario 2 , you can see that the property tax increase needed to
cover all services jumps dramatically in 200940 (from $ 0 . 0364 to $ 0 . 0531 ) because of the
loss of landfill tip fee revenue . This scenario assumes that , rather than generate too much
revenue during the first six years that won' t be spent until the eighth year , a second tax
increase will need to be made in 200940 . Thus , the tax increase in 2003 - 04 is set as the
average of the increases needed over the period 2003 - 04 to 2008 - 09 .
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Solid Waste Advisory Board- - Regular Meeting
December 12 , 2002
Government Services , Hillsborough
Approved January 9 , 2003
Because the property tax increase is an average , half of the period (03 - 04 to 05 - 06) , the
property tax increase would generate some excess revenue that increases the size of the solid
waste fund . From 06 - 07 to 08 - 09 , though, this tax increase is insufficient to balance the
budget and the cash flow is in deficit . The solid waste fund built up over the previous three
years is used to cover this deficit , though, and remains at a healthy 26 % of expenditures at
the end of 08 - 09 . In 2009A 0 , the fund balance is completely depleted , and another tax/fee
increase would be necessary .
Scenario 4 : Implement availability fees in 2003 - 2004 , No property tax increase . This table
shows that County implementing availability fees in 2003 - 04 and does not increase property
taxes . The fees were chosen, as the average fees needed to balance that service area ' s budget
over the period 03 - 04 to 08 =09 . Fees were then rounded up to the closest $ 0 . 50 (for example ,
$ 64 . 15 is rounded up to $ 64 . 50 ) . It is assumed that fees/taxes would need to be increased
again in 09 - 10 .
The . solid waste fund balance grows over the period 03 - 04 to 06 - 07 , and is enough to cover
the deficits in 07 - 08 and 0 & 09 . The deficit spikes in 2009405 though, and the solid waste
fund is depleted . Another fee increase would be needed at that point .
Scenario 5 : Increase property taxes in 2003 - 04 to cover general services , implement
availability fees in 2003 - 04 . This table showed property taxes are increased in order to cover
the general services , but availability fees are charged for all other services areas . Again, the
tax increase and the fees were calculated, as the average of the tax/fee needed to balance that
service area ' s budget from 03 - 04 to 08 - 09 . Neither fees nor taxes are raised again , though the
fiscal situation gets much worsen in 0940 .
Scenario 6 : Implement availability fees in 2003 - 2004 Raise Fees in 2009 - 10 , No property
tax increase . The table assumes that availability fees are implemented in 03 - 04 and raised
again in 09 - 10 . Property taxes do not increase . The initial fee is calculated as the average fee
needed over 03 - 04 to 08 - 09 , and the fee increase is calculated, as the average fee needed in
09 - 10 to 10 - 11 .
A lengthy discussion followed on how these scenarios could be presented to the Commissioners
in a way they will understand what Solid Waste is trying to do and how it will be done . It was the
general consensus that this would be presented on January 26t" to the Commissioners . A
presentation similar to the one presented by Prince William County will be presented at the next
meeting for critique for the work session with the BOCC .
The meeting adjourned at 9 : 10 p . m .
The next meeting is scheduled for Thursday January 9 at Southern Human Services Center on
Homestead Road at 7pm .
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