HomeMy WebLinkAboutMemo - Mail Packet - 1/31/2023 - 05 - Memorandum From Caroline Mitchell Re: Regional Wasteshed Update
Environmental Services
222 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6600
fcgov.com
MEMORANDUM
Date: January 25, 2023
To: Mayor and City Councilmembers
Thru: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Lindsay Ex, Environmental Services Director
From: Caroline Mitchell, Manager, Environmental Sustainability
CC: Josh Birks, Deputy Director, Sustainability
Re: Regional Wasteshed Update
The purpose of this memo is to provide an update on the status of the Regional Wasteshed Coalition
and to provide Council with options for next steps. This update is at the request of the Leadership
Planning Team on January 17, 2023.
Bottom Line
Background: Fort Collins’ Policy Council (PAC) representatives (Councilmembers Gutowsky and
Ohlson) have expressed concerns related to the implementation of the Regional Wasteshed
partnership and specifically the County’s plan to enter a Memorandum of Understanding (MOU) for a
life of site contract with a private contractor for the landfill.
Most recently, these concerns were reiterated at the January 12, 2023 PAC meeting, and the PAC did
not make a motion to support the County pursuing the MOU. At the Board of County Commissioner’s
meeting on January 24, 2023, the Commissioners voted to move forward with the MOU for the life of
site contract for the landfill, and 40-year contracts for the transfer station and materials recovery
facility (updated recycling facility).
Options for Fort Collins: Staff has identified two options for Council to respond to the County
entering an MOU for a life of site contract for the landfill and to the lack of response to requests for
meaningful engagement:
1) Pause on any formal action until (a) the County initiates meaningful engagement of the PAC
and TAC and/or (b) the outcome of the second Larimer County RFP process is clear,
specifically related to achieving the outcomes defined in the Solid Waste Infrastructure Master
Plan (SWIMP), i.e., a clear commitment and timeline for diversion facilities.
2) Consider a resolution to remove Fort Collins’ participation in the Intergovernmental Agreement
to be a partner in the Regional Wasteshed efforts; instead, the City can continue to pursue
appropriate policy development if/when infrastructure is developed, i.e., food composting.
While staff can support either scenario, option one would defer formal action until the outcome of the
second Larimer County RFP process is clear so we can understand if this partnership can deliver on
key facilities to meet Fort Collins’ zero waste goals, i.e., if and when diversion facilities will be
constructed.
Impact on Council Priorities:
• Contracting: Entering into a public-private partnership for the landfill precludes the City from
adopting flow control for a residential waste collection program. However, the City’s RFP for
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contracting included options to either include flow control or not; so, this does not impact the
City’s ability to move forward with a contracted hauler.
• Composting: A primary goal for Fort Collins’ engagement in the Regional Wasteshed is to
achieve the infrastructure necessary for achieving Fort Collins’ zero waste by 2030 goals, i.e.,
citywide food and yard waste composting, construction and diversion facilities, etc. The County
has a separate RFP process for these projects (see the Attachment) and the outcome is not
yet known if this infrastructure will move forward.
Regional Wasteshed Background
History
• The Regional Wasteshed Coalition formed in 2015 to plan for next steps after the Larimer
County Landfill reached capacity (anticipated to take place in 2024).
• Fort Collins, Larimer County, Loveland, Estes Park and Wellington staff (TAC) and elected
officials (PAC) collaborated and did extensive engagement and research to develop the Solid
Waste Master Plan (SWIMP), which Larimer County adopted in 2018.
• In 2019, the partners created an Intergovernmental Agreement (IGA) to clarify each entity’s
role in the interdependent network of policy and infrastructure required to implement the
SWIMP.
• Since 2021, Councilmembers Ohlson and Gutowsky represent Fort Collins on the PAC.
• There has been significant staff turnover at Larimer County since the SWIMP and IGA
adoption. The cost of the infrastructure planned has also increased since adoption.
• Larimer County, in response to changing circumstances, did request the City consider flow
control policies, which would direct materials to Larimer County facilities. In response, Fort
Collins has already adopted flow control of mixed construction and demolition (C&D) materials
to the Larimer County C&D recycling facility (should it be built), and flow control of waste was
incorporated into Fort Collins’ residential contracted hauling request for proposals.
Current Status
• In fall of 2022, Larimer County developed and issued a request for proposals (RFP) seeking
potential private partners to build and operate the new landfill or other regional solid waste
infrastructure, including the recycling center.
• City staff and PAC representatives have requested meaningful engagement in adapting the
SWIMP and IGA to changing circumstances since adoption and have not felt that request has
been met, i.e., no staff engagement in the RFP development to ensure partner community
needs were met, no PAC policy discussion regarding maintaining a public landfill or to contract
with a private company for the landfill construction and operation.
• Larimer County has identified Republic as a partner to build and operate the new landfill in
north Larimer County as well as a transfer station and new recycling center. The landfill would
be for the life of the site (100+ years) and the recycling center and transfer station contracts for
40 years.
• Larimer County Commissioners voted on January 24 to approve a Memorandum of
Understanding (MOU) that enables County staff to negotiate the final contract for landfill,
transfer station and recycle center construction and operation. The PAC did not make a formal
motion to support the County entering into the MOU.
• See the Attachment for an update on the status of the infrastructure identified in the SWIMP.
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Relationship to Council’s Priorities
• Contracting:
o While issued in a similar time, the County’s RFP for infrastructure construction and
operation is separate from the City’s RFP for contracted residential waste collection.
o The City’s RFP included options for flow control or not, so it can be applicable in either
scenario. If Larimer County opts to partner with a private company for the landfill and
recycling center, the City cannot utilize flow control to support those sites (public
entities cannot flow control to private entities).
o The City’s contract would apply only to hauling trash, recycling, yard trimmings and
bulky items from residents and would be for 5 years.
o The draft contract for residential hauling will be shared soon.
• Composting:
o A primary goal for Fort Collins’ engagement in the Regional Wasteshed is to achieve
the infrastructure necessary for citywide food and yard waste composting. The County
has a separate RFP process for these projects (see the Attachment) which is not yet
complete, so it is not yet known if this infrastructure will move forward.
Next Steps
• Larimer County:
1) Negotiate a contract with a private company to construct and operate the landfill,
transfer station, and recycling center.
2) Likely complete their second RFP process for other facilities, including yard and food
waste composting, construction and demolition facility, and more (see Attachment).
The outcome of the RFP is currently unknown.
• Fort Collins: Staff has identified two options for Council to respond to the County entering into
an MOU for a life of site contract for the landfill and to the lack of response to meaningful
engagement of the PAC and TAC:
1) Pause on any formal action until (a) the County initiates meaningful engagement of the
PAC and TAC and/or (b) the outcome of the second Larimer County RFP process is
clear, specifically related to achieving the outcomes defined in the SWIMP, i.e., a clear
commitment and timeline for diversion facilities.
2) Consider a resolution to remove Fort Collins’ participation in the Intergovernmental
Agreement to be a partner in the Regional Wasteshed efforts; instead, the City can
continue to pursue appropriate policy development if/when infrastructure is developed,
i.e., food composting.
Staff recommendation: While staff can support either scenario, option one would defer
formal action until the outcome of the second Larimer County RFP process is clear so we
can understand if this partnership can deliver on key facilities to meet Fort Collins’ zero
waste goals, i.e., if and when diversion facilities will be constructed. The County also
indicated at the most recent PAC meeting on January 12 that they wanted to see County
staff engage the TAC (Technical Advisory Committee), so this would give Fort Collins an
opportunity to see if more meaningful engagement will take place going forward.
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Attachment: Status of Infrastructure Elements in the adopted SWIMP
Tier Facilities Current Status
Tier 1
(Highest
priority)
New landfill Larimer County negotiating contract with
private company to build and operate
Transfer station Larimer County negotiating contract with
private company to build and operate
Yard trimmings composting Status unknown.
May be addressed in second County
RFP process.
Food scraps composting Status unknown.
May be addressed in second County
RFP process.
Construction and demolition recycling
sorting facility
Status unknown.
May be addressed in second County
RFP process.
Tier 2
(Second
highest
priority)
New recycle center (Materials
Recovery Facility)
Larimer County negotiating contract with
private company to build and operate
Anaerobic digestion (a version of
composting in an enclosed
environment, especially suited to food
scraps)
Status unknown.
May be addressed in second County
RFP process.
Tier 3
(To potentially
consider after
Tier 1 and 2
facilities
complete)
Waste to energy
Refuse derived fuel
Status unknown.
May be addressed in second County
RFP process.
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