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HomeMy WebLinkAbout111213_ra03Department of Public Works O Regular Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E. Public Works Directorltounty Engineer Agenda Date: November 12, 2013 Subject: Public Hearing and Final Ordinance - Revisions to Public Works Solid Waste Division Fee Schedules and Amendments to the Jefferson County Code Statement of Issue: The purpose of this Public Hearing is to present to the Board of Commissioners, and hear public comment on, proposed revisions to the Solid Waste Disposal Fee Schedules that have been determined by Public Works Department Solid Waste Division for 2014 through 2019. A Solid Waste Fee Ordinance has been presented that revises the following sections of the Jefferson County Code: Appendix, ANNUAL FEE INDEXING Appendix, FEE SCHEDULES: III. Public Works Department - Solid Waste Division III -010 Purpose -Scope III -011 Effective Date III -012 Fee Indexing III -020 Solid Waste Disposal- Transfer Station Commercial and Noncommercial Rates III -030 Solid Waste Disposal Drop Box Site (Quilcene) III -040 Hours of Operation III -050 Moderate Risk Waste Disposal Facility The current municipal solid waste disposal fees in effect were enacted in 1993; the current moderate risk waste fees in effect were enacted in 2004. Solid Waste Enterprise Fund reserves have now been reduced to minimum levels, and rising costs now require solid waste disposal fees to be increased in order to maintain service levels and keep the Enterprise Fund solvent. Department of Public Works O Regular Agenda Page 2 of 2 By the proposed Solid Waste Fee Ordinance the Appendix- Annual Fee Indexing in the Jefferson County Code is amended to exclude the Public Works Solid Waste Division Fee Schedule from that Fee Indexing methodology and to clarify existing language. The Solid Waste Division Fee Schedule in the Appendix -Fee Schedules- Section III of the Jefferson County Code is replaced in its entirety by the proposed Fee Schedule, Exhibit A in the Ordinance which is effective in 2014 and which also includes a provision for Fee Indexing applied specifically to the Solid Waste Division Fee Schedule for the years 2015 through 2019. Analysis /Strategic Goals /Pro's 8t Con's: The Solid Waste Enterprise Fund is managed as a business to provide municipal and hazardous waste disposal, recycling services and associated services to County and City of Port Townsend residents. This function is mandated by RCW 36.58 Solid Waste Disposal and RCW 70.95(A -N) Solid Waste Management, Reduction and Recycling. Public Works currently provides a level of service that implements the regulatory requirements, supported by the Jefferson County Solid Waste Management Plan, and is available to all citizens of Jefferson County. Fiscal Impact /Cost Benefit Analysis: The Solid Waste Disposal Fees that were enacted in 1993 and 2004 are no longer sufficient to cover the costs of providing the defined level of service. Solid Waste Fund reserves have been reduced to minimum fiscally responsible levels. The proposed fee schedules for 2014 will enable revenues to pay for anticipated operating costs and continue current services. An annual percentage increase in fees through 2019 is proposed to keep pace with projected cost inflation and will also provide for essential capital facilities refurbishing and replacement. Benchmarks are proposed to allow actual and projected Fund performance to be monitored. Recommendation: Public Works requests the Board to hear and review public testimony on the Solid Waste Disposal Fee Ordinance. Following public testimony the Board may choose to either enact the proposed Ordinance and fee schedules as presented, or may direct staff to reassess specified sections of the proposed Ordinance and fees and reschedule a hearing. Department Contact: Richard Talbot, 385 -9213 Reviewed By: rilip Moyle I ounty Admini trator Date I STATE OF WASHINGTON COUNTY OF JEFFERSON An Ordinance to Establish Revised Fees for ) Ordinance No. The Public Works Solid Waste Division, and) To Adopt Amendments to the Jefferson' ) County Code ) WHEREAS, Ordinance No. 06- 0726 -93 was adopted in 1993 to establish per ton and per unit base fees for the Solid Waste Division (Solid Waste) of the Public Works Department, Jefferson County (County); and WHEREAS, Ordinance 12- 1209 -96 was adopted that, in part (Section 2), amended the solid waste tax of Ordinance 06 -93; and WHEREAS, Ordinance 03- 0405 -04 was adopted to establish fees for the Solid Waste Moderate Risk Waste Facility; and WHEREAS, Ordinance 09- 0922 -08 was adopted to amend the Jefferson County Code (JCC) section III -020 to add a fee for yard debris delivered to the City of Port Townsend (City) Biosolids Composting Facility, which fee is collected and managed on behalf of the City by the County at the Jefferson County Transfer Station scale- house; and WHEREAS, solid waste base fees have not been increased since their adoption in 1993; and WHEREAS, increased quantity of material disposed through 2006 and operational efficiencies allowed the imposition of higher fees to be postponed; and WHEREAS, solid waste tonnage fell by 17 percent from 2006 to 2011 and has remained at that level, and the consequent reduction in revenue combined with rising costs have required Solid Waste Funds reserves to be drawn down in order to balance annual budgets; and WHEREAS, the Solid Waste Funds balances are now reduced to minimum levels consistent with prudent fiscal guidelines and can no longer be used to balance annual budgets; and WHEREAS, the solid waste community is predicting a slow recovery in the economy with consequent low growth in tonnage disposed, and that revenue growth is therefore likely to lag cost inflation; and WHEREAS, Solid Waste staff (Staff) has completed an analysis of solid waste operations, projected costs and fees; and WHEREAS, Staff presented the findings of that analysis to Port of Port Townsend and County Public Health staff on May 7, 2013; to City staff on May 9, 2013; to the County Solid Waste Advisory Committee (SWAG) on May 23 and June 27, 2013, and to the County Administrator on July 23, 2013 ; and Jefferson County Solid Waste Fee Ordinance - 1 - WHEREAS, Staff reviewed the findings of that analysis with the Board of County Commissioners (Board) at a briefing on September 16, 2013 that was open to the public; and WHEREAS, Staff presented the findings of that analysis, recommendations for higher waste disposal fees, and a Draft Ordinance to enact proposed higher fees to the Board during a regularly scheduled and duly noticed Commissioners meeting on Monday, October 21, 2013 and requested a Public Hearing on the proposed fees; and WHEREAS, the Final Ordinance to enact higher fees was presented to the Board for approval and signature at a Public Hearing on November 12, 2013 and that Public Hearing was duly - noticed and open to the public; and WHEREAS, The Department of Public Works has now proposed changes to the Jefferson County Code (JCC) to implement new fee schedules for solid waste collected and managed at the Jefferson County Transfer Station, at the Quilcene Drop Box Site, and at the Moderate Risk Waste Facility, codified at Appendix FEE SCHEDULES, Section III of the JCC; and WHEREAS, No changes are proposed to the fees charged for yard debris delivered to the City Biosolids Composting Facility, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Jefferson County as follows: SECTION 1. Fee Schedules: The current version of the Jefferson County Code (JCC), Appendix FEE SCHEDULES Section III, is hereby repealed and replaced with the attached version of the JCC, Appendix FEE SCHEDULES, Section III, marked here as Exhibit A. SECTION 2. Fee Indexing: The portion of the JCC entitled "Appendix ANNUAL FEE INDEXING" is HEREBY AMENDED to read as follows: Unless otherwise specified in.ICC, Appendix, FEE SCHEDULES, Section III, fixed amount fees established by this appendix shall be adjusted annually on the first business day of January ( "adjustment date ") by the amount of the increase in the Consumer Price Index (CPIW). The CPIW is the Consumer Price Index — U.S. City Average for All Urban Wage Earners and Clerical Workers, published by the Bureau of Labor Statistics for the United States Department of Labor. The annual fee adjustment shall be calculated as follows: Each fee in effect immediately prior to the adjustment date will be increased by the percentage increase in the CPIW between the CPIW reported for the month of September preceding the adjustment date and the CPIW reported for the month of September one year earlier. Increases will be rounded to the nearest dollar. A fee shall not be reduced by reason of such calculation. However, fee increases in accordance with this calculation shall not exceed five percent (5 %) per year. Jefferson County Solid Waste Fee Ordinance - 2 - Copies of the adjusted fee schedule shall be available to the public at the office of the designated department and will be mailed to any customer upon request. The adjusted fee schedule will show the prior year fees, the CPI W, and the new fee. SECTION 3. Repeal: The establishment of revised fee schedules by this Ordinance repeals Ordinance No. 06- 0726 -93 and Ordinance No. 03- 0405 -04 in their entireties. SECTION 4. Severability: If any section, subsection, clause, phrase or figure of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application to other persons or circumstances shall not be affected. SECTION 5. Effective Date: This Ordinance shall take effect sixty (60) days after adoption by the Board of County Commissioners and publication. Jefferson County Solid Waste Fee Ordinance -3 - APPROVED AND ADOPTED THIS DAY OF SEAL: ATTEST: Erin Lundgren, Clerk of the Board 12013. BOARD OF COUNTY COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member Approved as to Form: David A varez Date Deputy Prosecuting At orney Jefferson County Solid Waste Fee Ordinance - 4 - JEFFERSON COUNTY ORDINANCE No: Exhibit A Jefferson County Code Appendix FEE SCHEDULES [Ord. 13 -121 111. Public Works Department — Solid Waste Division III -010 Purpose — Scope. The purpose of this section is to establish a fee schedule for the solid waste division of the Jefferson County department of public works. This schedule shall apply to all fees required by the solid waste division. III -011 Effective Date The fees listed in Sections III -020 through III -050 shall go into effect on the first business day in January 2014 (or sixty days after the enacting Ordinance is adopted and published, if later). Fees will be adjusted annually through 2019 as provided for in Section III -012 of this schedule. III -012 Fee Indexing Base fees established by this Appendix Part III for Public Works Solid Waste Division shall, with the exception of the yard debris fees, be adjusted on the first business day of 2015 and annually thereafter for a period of five (5) years, by a percentage increase of 2.5 %. The WA State solid waste collection tax of 3.6% shall be added to the base fees where applicable. The percentage increase of 2.5% is calculated to maintain minimum specified reserved balances in the solid waste funds, measured by the following benchmarks: • A reserved Capital Fund balance at year -end, projected in September of that year, of 12% of then current capital replacement value in equipment and buildings, excluding any GO bond funds, and • A reserved Operations Fund balance at year -end, projected in September of that year, of 15% of the annual total solid waste expenditures, and • An increase in the annual waste tons received of no less than 1% per year with 2013 as a base year. An increase over the annual percentage rate fee increase of 2.5% that is necessary for the Fund reserved balances to meet the stated benchmarks shall be subject to review, approval and adoption by Resolution of the Board of County Commissioners. Copies of the fee schedule shall be available to the public at the Public Works office and will be mailed to any customer upon request. The adjusted fee schedule will show the prior year fees, the annual percentage increase, and the new fees. Jefferson County Solid Waste Fee Ordinance -5 - III -020 Solid Waste Disposal - Transfer Station Commercial and Noncommercial Rates. The solid waste collection tax, where applicable, will be added to the base fees shown below: Base Fees (1) Solid waste disposal rate per ton (2) Asbestos disposal rate per ton (3) Refrigerators (4) Minimum charge (flat fee) (5) Non- disposal weight charge (6) Yard debris $139.00 not accepted $139 /ton plus $20 environmental fee $9.65 $5.00 fixed fee $5.00 for loads of 200 pounds or less $48.00 per ton for loads over 200 pounds Yard debris shall only include grass clippings, leaves, tree branches not over eight to 10 inches in diameter and less than eight feet long, and other plant material, but excluding stumps, kitchen scraps, food waste, dimensional lumber, rocks, gravel, dirt, lawn furniture, tools, or other non - vegetative material. Acceptable yard debris shall be dropped off at a point designated by the City of Port Townsend staff. In the event the weight scales are inoperative, the rates for the solid waste disposal drop box site listed in Section III -030 shall apply to loose waste and other items; commercial compacted waste shall be charged based on average load weights for each route, determined for the immediately preceding calendar month, and by mutual agreement with the commercial haulers. III -030 Solid Waste Disposal Drop Box Site (Quilcene). The solid waste collection tax, where applicable, will be added to the base fees shown below: Base Fees (1) One 32- gallon container $5.79 (2) Loose garbage: (a) Load up to one cubic yard $30.89 (b) Each additional 1/2 cubic yard $15.44 (3) One 55- gallon container $10.62 (4) Automobile tires $5.79 (5) Truck tires $6.75 (6) Off -road tires (loaders, skidders) $15.44 (7) Large items (will not fit in box) $15.44 (8) White goods $15.44 (9) Refrigerators $28.96 Jefferson County Solid Waste Fee Ordinance - 6 - 111 -040 Hours of Operation. The Solid waste disposal transfer station, Drop box site, Moderate risk waste facility and Recycle center hours of operation shall be set by the Director of Public Works with approval by the Board of County Commissioners. III -050 Moderate Risk Waste Disposal Facility. Tax, where applicable, will be added to the base fees shown below: (1) This base fee schedule shall apply to the processing and disposal of moderate risk waste materials brought to the facility by businesses classified as conditionally exempt small quantity generators (CESQGs) in 40 CFR 261.5. (2) The base fees include all labor and materials, facility overhead, and shipping and final disposal costs. (3) A minimum charge, at the rate shown, will be made when the calculated total fee per customer visit is less than that minimum amount. (4) Charges for CESQG waste material types not listed will be charged at a rate determined from the sum of the waste disposal fee (shipping and disposal charge) obtained from the county's disposal contractor plus a processing charge at the hourly rate shown in the table below. (5) No fee shall be charged for household hazardous waste obtained from the general public. Jefferson County Solid Waste Fee Ordinance - 7 - Base Fees for Conditionally Exempt Small Quantity Generators Waste Type and Packing Cost per unit I Unit Bulked Waste _ Solvents $1.37 lb Oil base paint and paint - related $1.41 lb Flammable liquids - other $1.41 lb Flammable liquids - aerosol paint cans $0.76 each Contaminated oil (halogens, solvents) $1.83 lb Contaminated bilge water & Non - regulated water $1.47 lb Fuels - Gas $1.38 lb Fuels - Diesel $1.31 lb Antifreeze $1.27 lb Loosepacked Waste Oil base paint and paint - related $1.93 lb Flammable liquids - other $1.93 lb Adhesives, resins, tars $1.93 lb Flammable solid (emergency services) $3.36 lb Oil /gas /diesel soaked rags $3.36 lb Other flammable solid $3.57 lb Non - regulated liquid /solid $8.14 lb Aerosol poisons, corrosives, cleaners $1.90 each Aerosol paints (over/under size cans) $1.90 each Nonflammable gas $8.45 lb PCB ballast < 9 lb $1.62 lb PCB ballast> 9 l $2.86 lb Batteries - drycell (Ni -MH, Ni -cad rechargeable) $1.75 lb Batteries- wet lead /acid $0.91 lb Fluorescent light - tubes (2 to 8 feet) $0.26 foot Fluorescent light - compacts and small tubes $0.93 each Cellular phones /chargers $1.75 lb Labpacked Waste Corrosive acid $2.25 lb Corrosive alkaline $2.25 lb Organic peroxide $15.39 lb Oxidizing liquid /solid $2.56 lb Flammable toxics $2.64 lb Toxic liquid /solid (pesticide, herbicide, poison) $2.64 lb Spontaneous combustible $14.59 lb Dangerous when wet $14.97 lb Mercury and mercury containing devices $9.02 lb Minimum charge per transaction $22.00 each All non - listed waste - Processing fee - plus Contractor's $44.00 hour +Quoted unit price shipping and disposal cost Jefferson County Solid Waste Fee Ordinance - 8 -