Mayor & Commission Meetings

LEGISLATIVE REVIEW COMMITTEE Wednesday, September 11, 2024 City Hall Conference Room 301B Committee Members Present: Committee Members Absent: Commissioner Carol Myers, Chair Commissioner Ovita Thornton Commissioner John Culpepper Commissioner Jesse Houle Commissioner Allison Wright1 Staff: Niki Jones, Acting Manager Suki Janssen, Solid Waste Sherrie Hines, Deputy Chief Attorney Susan Lyon, Solid Waste Courtney Davis, Senior Attorney Sarah George, Recorder Commissioner Myers called the meeting to order at 10:03 a.m. A. Approval of Minutes: Commissioner Houle made a motion to approve the August 8, 2024 minutes. Commissioner Wright seconded the motion. The motion was approved unanimously. B. Public Input: There was none. Commission Identified Items of Interest: C. Solid Waste Residential Collection Zone or Franchise Approach Acting Manager Jones introduced the discussion and provided an overview of past discussion on the topic. Director Suki Janssen explained that, at the last meeting, the Committee had requested staff update the comparative analysis with landfill and recycling information for the cities surveyed. She shared a presentation with an overview of the updates to the comparative analysis. She explained that Columbus, Augusta, Rome, and Savannah own their own landfills, while Greenville and Macon do not own a landfill. She also included the tip or processing fees in the comparative analysis for the jurisdictions that were willing to share that information. Suki Janssen also provided an overview of some basic cost analysis provided by Atlantic Coast Consulting. She explained that there was an estimated potential customer base of approximately 38,000 and the estimated franchise cost per month would be $25 - $30 for trash and recycling. The estimated franchise cost to also include containerized leaf and limb weekly service would be approximately $5 - $8 per month. The estimated total for weekly trash, recycling, and leaf and limb service in 96-gallon containers would be approximately $30 - $38 per month. She noted that this estimate price is cheaper than almost all of the residential collection haulers, including ACCGov Solid Waste, and includes one additional service that is not currently offered. Commissioner Wright noted that the memorandum provided by Atlantic Coast Consulting with the basic cost analysis references one single private hauler for the franchise rather than the multiple hauler approach originally discussed. Suki Janssen explained that it represents the 1 Left at 11:20 a.m.  scenario to get to the lowest price point, as most franchises for residential collection have one single residential collection hauler. She explained that if we wanted to break it up differently it would likely result in that same price point, but the other haulers would have to meet the same price point of the lowest bidder selected. Commissioner Wright further explained that the memorandum reads differently than what is being discussed, which is a single provider for multiple zones, and she recommended the language be updated to ensure consistency and avoid any confusion. Suki Janssen agreed and explained that she would have it updated. Commissioner Houle inquired as to whether the cost for leaf and limb service assumed that it is an optional service or the cost if all were required to have it included. Suki Janssen shared that it would be an optional service that would simply ensure everyone has access to it. She also noted that they did not include bulky waste service, given the Mayor and Commission has already provided funding in the FY25 budget for a bulky waste program. Potentially, if residential franchising was approved with the availability for leaf and limb, the staff currently assigned to leaf and limb could work with the bulky waste program, given there would be increased operational efficiencies gained. Commissioner Houle also inquired as to whether staff had any sense on the extent to which standardizing the size of the bin to 96-gallon containers would affect people’s tendency to throw more stuff away. Suki Janssen explained that she did not believe it would significantly incentivize more items to be thrown away rather than recycled. She shared that, in her opinion, the permanent residents of Athens are avid recyclers, and some of the more transient populations do not do the greatest job with container sizes. She shared that one issue that occurs is students requesting a 24-gallon container for a residence with five people due to the lower cost of the container, which she noted was insufficient for a household of that size. She explained that she could research to see if she could determine recycling rate changes for jurisdictions that moved away from pay-as-you-throw if it is desired. She noted that, theoretically, you would lose the incentive that initial incentive to reduce waste, as pay-as-you-throw is a waste reduction program. Commissioner Culpepper inquired as to which size of roll cart was the most popular. Suki Janssen shared that she could only speak for Solid Waste, but their most popular roll cart sizes were 64-gallon and 96- gallon. Matt DiPalma, owner of AAA Sanitation, shared that 96-gallon are their most popular roll cart sizes. Commissioner Culpepper inquired as to whether the larger 96- gallon roll cart containers would pose a space challenge for residents that would have to fit them in their garages or other spaces. Suki Janssen shared that, while the size of the container is larger, the footprint size is roughly the same. Matt DiPalma shared that, while the numbers sound large, it is really that the body of the cart gets a little wider and taller. He noted that a 65-gallon container would hold four to five garbage bags, whereas a 96-gallon container would hold around seven to eight bags. Commissioner Myers inquired as to whether staff had any information on the low-income fee reduction partially discussed at the last meeting. Commissioner Myers noted that there are some people in the area that may not pay for trash service currently and mostly recycle, and this could be a significant increase to people not paying for trash service. She shared that it would be helpful to understand further the impact this could potentially have on the budget for someone who self-hauls; she requested staff share how much it would cost for someone to self-haul two bags of trash. Acting Manager Jones inquired as to whether staff knew the estimated percentage of residents that self-haul their trash. Suki Janssen shared that they could make assumptions on the number of self-haulers. During COVID, residents were required to schedule an appointment to go to the Landfill, and this provided some data for residents that self-hauled. Currently, now that appointments are no longer required, she explained that she has no way to distinguish who was a self-hauler or which county they were living in. Commissioner Wright noted that there is also a public health concern with people keeping trash for long periods of time to prevent Legislative Review Committee Meeting Minutes Page 2 091124  frequent trips to the Landfill. Suki Janssen explained that it cost $3 a bag at the Landfill, and they can bring in a load up to six bags at a time. She also noted that they have a punch card that will give them six bags for $18. Deputy Chief Attorney Hines shared that they have had a chance to research reduced-cost options for low-income residents. She advised that the fundamental question related to solid waste and ordinances to impose restrictions is whether or not there is a rational basis for what we are doing and if we can defend why the government is making this decision. She shared that it would be a policy decision, and she shared some questions for the Committee to consider.  Are there any examples elsewhere in the government where we provide reduced or low- fee services for people based on their income?  Is the government prepared to verify income status, and what does that look like in terms of retaining records regarding residents’ financial status? She explained that these are questions that she cannot answer, but she believes it is theoretically possible if we could identify a rational basis related for instance to public health and safety as to why we are doing it. Commissioner Houle noted that the low-income homestead exemption was recently put on the books, so that may be one example. Deputy Chief Attorney Hines noted she was referencing utilities. Commissioner Houle shared that the first utility that provides a low-income fee reduction may open the door to try to provide some more equity, but it is not the first time they have tried to do something for low-income residents. Commissioner Houle also shared that they believed that the residents that were very diligent about recycling to the point where they were putting very little in the Landfill would also likely be supportive of the major environmental benefit franchising would provide in eliminating illegal dumping. Commissioner Myers explained that she believed that there were some places in which trash collection was incorporated into the property taxes and general budget. Suki Janssen explained that this is also the case in many of the jurisdictions included in the comparative analysis. Savannah, Columbus, Atlanta, and Dekalb County are paying for sanitation through their General Funds; in these instances, this cost is bundled in their property tax. Deputy Chief Attorney Hines explained that it is not actually paid through the property taxes; she clarified that it is simply paid through the property tax bill. Acting Manager Niki Jones shared that staff was looking for input on whether or not staff had the framing of the recommendation components correct. Suki Janssen also acknowledged that the recommendation components outlined in the presentation also match that of the Solid Waste Advisory Commission. She provided an overview of the recommendation components staff has noted to date. Commissioner Wright recommended adding the recommendation to stay with the current billing system. Commissioner Houle emphasized the need to share the very notable and extremely likely cost savings that existing customers would have. They also noted that it would be important to emphasize the life of the landfill and reduction in dumping issues. Acting Manager Jones also added that this would also help with consistency in cost and services for all residential customers. Commissioner Culpepper inquired about current leaf and limb service. Suki Janssen shared that residents can currently put out 24 bags of leaf and limb debris in a paper bag or what would be considered a pickup truck load of leaf and limb debris. Solid Waste would pick up either or but not both, and Solid Waste tries to collect it once every six weeks. She also explained that the Legislative Review Committee Meeting Minutes Page 3 091124  containerized system for leaf and limb would eliminate the need for bags and provide more frequent collection. Commissioner Myers recommended that staff note the benefit of reducing the number of garbage trucks in neighborhoods across multiple days and the public health and safety aspect. The Committee agreed. Acting Manager Jones requested confirmation from the Committee that they supported having five total franchise zones. The Committee agreed. Suki Janssen reviewed the process being recommended. Staff would present a work session presentation at the October 8, 2024 Mayor and Commission Work Session. If the LRC approves moving the topic out of Committee, the agenda report can be added for the topic in the November 6, 2024 agenda cycle. If needed, the Committee could revisit discussion on the topic at their November meeting. Acting Manager Jones explained that this recommended process was based on discussion from the last meeting, and the desire to try to finalize the recommendation prior to the end of the year. Suki Janssen also provided an overview of the timeline and next steps if franchising is approved. She shared that it is typically around a two- year process. She noted that a consultant would need to be procured to assist in developing the Request for Proposals (RFP) for franchisees. Staff would anticipate that the Mayor and Commission would consider awards for franchisees around December – January 2026, and they would estimate an official launch of franchising in August – September 2026. Commissioner Houle requested that, if residential franchising is adopted, staff notify the public about it through the water bill insert and include a link to a webpage that can provide an overview of what can be expected and regular updates. Commissioner Myers inquired about the timeline for adoption of the associated ordinances. Deputy Chief Attorney Hines advised that the ordinances should not be adopted until we are prepared to institute them, or there would need to be language included to note that it would not go into effect until a future date. Commissioner Myers requested staff continue to work on and refine the timeline. The Committee requested staff share the draft work session presentation at the next meeting. Schedule/Agenda Changes The next LRC meeting is scheduled for October 3, 2024 at 1:00 p.m. Commissioner Culpepper made a motion to adjourn the meeting. Commissioner Houle seconded the motion. The motion passed unanimously. The meeting adjourned at 11:32 a.m. Legislative Review Committee Meeting Minutes Page 4 091124