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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 DocuSign Envelope ID: F1E8FD1E-9BF5-4A3A-B742-265AD76615F0 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. DocuSign Envelope ID: F1E8FD1E-9BF5-4A3A-B742-265AD76615F0 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. DocuSign Envelope ID: F1E8FD1E-9BF5-4A3A-B742-265AD76615F0 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. DocuSign Envelope ID: F1E8FD1E-9BF5-4A3A-B742-265AD76615F0