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HomeMy WebLinkAbout1997-06-11 CGP MINUTESCLEAN, GREEN AND PROUD COMMISSION June 11, 1997 I. CALL TO ORDER. The regular meeting of the Clean, Green and Proud Commission was called to order at 7:06 p.m. in the Community Room of the Englewood City Hall, 3400 South Elati Street; Vice-Chair Lange presiding. Present: Dilatush, Golombek, Huffaker, Lindsey, Looze, Nabholz, Roth, Stankorb, Van- Dyke, Vormittag, Lange Absent: Hilaire, Gillmon, Karlquist (all excused absences); Soulliere (unexcused absence) Also present: Neighborhood/Environmental Technician T. Langon II. APPROVAL OF MINUTES. May 14, 1997 Vice-Chair Lange noted that the Minutes of May 14, 1997 were to be considered for approval. A correction was noted; the minutes should reflect that Mr. Stankorb's absence was "excused". He had notified Chair Nabholz of his absence several weeks prior to the May meeting . Vormittag moved: Dilatush seconded: The Minutes of May 14, 1997 be approved as corrected. The motion carried. (NOTE: The correction on Mr. Stankorb's absence was made in the attendance report filed with City Council.) ID. MEMBERSHIP UPDATE. A letter of resignation has been received from Andrea Menin-Giem, and City Council has been no - tified of the resignation. Three new members were tentatively appointed by City Council at their study session of June 9, 1997. These members are: Michele Lerman, an employee of Swedish Medical Center in their food service division; Ms. Lerman has an interest in recycling. Ms. Nancy Hughes is another new appointee; she is aware of the CGP and the various activities of the Commission. Mr. Tim Stoner, of BFI Public Relations, is the third appointee; his interest is the Municipal Solid Waste subcom- mittee. 1 Vice-Chair Lange reviewed the attendance policy, and re-emphasized that members need to notify Ms . Langon if they are unable to attend a meeting. Mr. Lange suggested an orientation meeting for the new members. Among issues to be discussed is a review of policies and expectations for the members. Mr. Golombek and Mr. Stankorb agreed that the orientation meeting is an excellent idea. Mr. Vormittag addressed the need for active CGP members to look for volunteers to "groom" for future membership. He suggested that these volunteers might be invited to attend the meetings to keep abreast of the work program of the Commission, and work with the Commission on projects. At times when applications are taken, the Commission would then offer a letter of recommendation to the City Council regarding their prospective appointment. Ms. Nabholz, Chair of the CGP and newly elected City Council representative, submitted a letter of resignation from the Commission with copies to each member. Ms. Nabholz expressed the opinion that it is a conflict for her to serve on the City Council and as Chair of the CGP; she stated that she would like to return as the City Council liaison if Mr. Vormittag is not re-elected and reap- pointed . Ms. Nabholz expressed her thanks to the Commission for their hard work, and noted that it has been enjoyable for her to work with the Commission on their many projects. Vice-Chair Lange expressed the appreciation of the Commission to Ms. Nabholz for all her hard work and efforts with and on behalf of the CGP, and noted that her efforts have had an impact on the Commission and on the community . IV. VOLUNTEER HOURS. Ms. Langon distributed "Volunteer Hour" forms to members , and asked that they be completed and returned to her. The tabulation of volunteer hours is reported to City Council, and also needed as part of the KAB year-end report , which is due next month . The Commissioner's time is a value to the Commission and the community, and is used to determine the cost/benefit ratio; for example , for every dollar of support given to the Commission, the CGP returns "$X" worth of benefit to the community . Ms. Langon explained the procedure to be followed in completion of the forms, and requested that this be accomplished and returned to her as soon as possible. V. ADOPT-A-STREET SUBCOMMITTEE. Ms. Langon reported that the forms will be mailed to six groups within the next week. The City Public Works Department is assisting the Commission with making signs, filled trash bag pick-up, and provision of florescent safety vests for the volunteers in this program. VI. EDUCATION SUBCOMMITTEE. Mr. Dilatush, Chair Mr. Dilatush expressed · disappointment in the level of response to the questionnaire submitted to the Englewood schools. He advocated that the Commission build the prototype anyway, and give it to the schools; when they have the tool, maybe they will see its value. 2 .--------------------------------------·----- Mr. Huffacker asked whether first year teachers, who might be more enthusiastic , might be ap- proached regarding the proposed education program. Mr . Lange suggested concentrating on one school , and meeting face-to-face with the teachers to explain and discuss the intent of the program. The subcommittee's goal is to have a finished product to present to teachers. Further discussion ensued. Future direction for the Education Subcommittee needs to be deter- mined beyond the environmental database project they are currently working on. VII. FOURTH OF JULY CELEBRATION. Mr. Lange, Chair Mr. Lange discussed a July 4t11 celebration organizational meeting he attended. It was determined that the Commission sell only canned soft drinks. A booth will be set up at Cornerstone Park; events will begin at 4 :00 p .m. Mr. Lange will call volunteers to coordinate getting supplies and the booth setup . Mr. Lange suggested consideration of stand-up signs for recycling bins be made by Mr. Altenbach . Mr . Vormittag suggested using a red wagon when volunteers go out to sell soda ; the wagon could carry a recycling bin also . He further suggested everyone wear a CGP T-shirt. The subcommittee members will begin purchasing canned pop whenever they see it on sale. Ms. Langon reminded everyone who makes such a purchase to keep their receipts. Golombek moved: VanDyke seconded: Funds , up to $200 , be provided for purchase of 20 cases of soft drinks and ice for resale at the Fourth of July celebration. Soft drinks are to be pur- chased at best price available . The motion carried. VIII. GARAGE SALE. Jack Looze, Chair Mr. Looze reported the Garage Sale event grossed $460 in sales , with an estimated net profit of $389. Signs prepared by Mr. Altenbach have not been billed at this time. Mr. Looze thanked eve- ryone who worked on this project, and expressed a special thanks to Mr. Roth for use of his truck. Mr. Looze stated that this was a successful event. Ms. VanDyke commented that the location (northeast City Hall parking lot) was very good. IX. GOLF TOURNAMENT SUBCOMMITTEE. Frank Golombek, Chair Mr. Golombek reported that the tournament netted slightly over $3 ,000 profit for the CGP. He extended his appreciation to all who assisted on this project , and a great big thank you to Ms. Lan- gon for her assistance. Mr. Looze suggested brainstorming with the subcommittee , to discuss what 3 changes or adjustments need to be made for next year's event. Mr. Golombek expressed his inter- est in returning this tournament to the Englewood Golf Course. Further discussion ensued. The sub-committee will schedule a preliminary discussion of the 1998 tournament with Parks & Rec- reation personnel for later in the summer X. GOOD NEIGHBOR DAYS. Susan V anDyke, Chair Ms. Van Dyke reported on the success of this program, noting that 575 households were served this year, an increase over previous years. $2, 100 was raised through the $5 co-pay; it will be en- cumbered to this project to explore ways to expand the program. Extra Waste Management per- sonnel were on hand, which was a great assistance to the 1997 program. Ms. Langon stressed the importance of CGP volunteers unloading ONLY the vehicles of Englewood GND participants. For liability reasons, CGP volunteers may not assist in unloading vehicles of persons who are not Englewood residents, and are not eligible to participate in the program. The database developed during the course of the GND was discussed; how can this information be used next year to spread registrations and participants. XI. MARKETING SUBCOMITTEE. Stan Lange, Chair Mr. Lange reported that this subcommittee is pretty much dissolved; new members are needed if this effort is to continue. Ms. VanDyke and Ms. Lindsey volunteered to serve on this subcommit- tee. XII. MUNICIPAL SOLID WASTE SUBCOMMITTEE. Don Roth, Chair Mr. Roth distributed a memorandum from Assistant City Attorney Nancy Reid. (NOTE: Copy attached to official Minutes.) Survey results were discussed. The Survey revealed a 2: 1 ratio in favor of mandatory trash collec- tion; but, based on the comments on the return cards, there is much education to be done regarding contract hauling. The issue of Municipal Solid Waste will be divided and addressed as two separate issues: 1) pursue contract hauling -a long-term project; and 2) pursue a City ordinance for man- datory trash collection -a short-term project. V anDyke moved: Stankorb seconded: The CGP request City Council to formulate an ordinance to require manda- tory private residential trash collection within the City of Englewood. The motion passed with eight voting in favor, and two abstentions. 4 Staff was asked to schedule a study session with City Council for further discussion on Municipal Solid Waste. A summary of the survey is to be prepared in time for the study session, which was suggested for sometime in August , if possible. XIll. PHOTOMETRIC INDEX SUBCOMMITTEE. Don Roth, Chair Mr. Roth stated that he will generate random numbers for the required report after staff completes a "dumpster sites" survey and tallies the Index category totals . Volunteers are needed. Ms. Lan- gon stated the Index is part of the KAB year end report which is due in mid July. XIV. SUBCOMMITTEE MINUTES. Minutes from the Municipal Solid Waste, Education, Garage Sale , Good Neighbor Days , and Golf Tournament subcommittees were received for the record. XV. COMMISSIONER'S CHOICE. Mr. Looze suggested a CGP certificate of appreciation for contributors and volunteers on CGP projects. Discussion ensued. Looze moved: VanDyke seconded: The motion passed. A proto-type generic certificate for donors and volunteers to CGP programs be developed. Ms . VanDyke volunteered to assist on developing the certificates . Mr. Looze reported that 12 Englewood Earth Day T-shirts were sold at the June Tent Talk. Ms. VanDyke recognized Mr. Stankorb for his assistance in the Adopt-a-Garden the CGP main- tains. Mr. Vormittag suggested a map of the garden be developed and distributed to all members. Mr. Roth noted the need to finalize the letter and invoice to trash haulers. Staff requested the names and letter outline from Mr. Roth. Mr. Golombek noted that July will be his last meeting; he is resigning from the Commission, and will be traveling for a while. He hopes to volunteer his assistance to the Commission when he is in town. He noted that "it's been fun". Mr. Vormittag requested that formal thank-you's be sent to: Brenda Jenson, Bobbi Vormittag, Judy Dunlop, Roy Altenbach, Renee Mccann, and Mr. and Mrs. Caven for their recent assistance on CGP programs. 5 Vormittag moved: Golombek seconded: An Englewood Earth Day T-shirt be given to Judy Dunlop for her assistance with the Garage Sale. The motion carried. Mr. Dilatush suggested that nominations for Vice -Chair be scheduled on the next agenda. Mr. Lange , as current Vice-Chair , will assume the Chair of CGP due to Ms . Nabholz 's resignation. XVI. STAFF CHOICE. Ms . Langon reported that the KAB year-end report is due next month. She again asked that the forms for volunteer hours be completed and returned to her as soon as possible. Ms. Langon reported that arrangements have been made for Corinne Lindsey and her to attend the Keep America Beautiful Training conference in San Antonio later this month. Ms. Langon's ex- penses will be funded by the Office of Neighborhood and Business Development. However , the CGP still needs to give formal approval for Ms. Lindsey 's attendance. VanDyke moved: Looze seconded: The motion carried. The CGP authorize Corinne Lindsey to attend the KAB meeting in San An- tonio June 24 through 27 , and that funding necessary to finance this atten- dance be made available . Ms . Langon reminded members that all non-commission volunteers must complete Risk Manage- ment forms prior to assisting at any event. Golombek moved : VanDyke seconded : The meeting be adjourned. The motion carried; meeting adjourned at 8:45 p .m. -· ' . \_ .J\... ... ..,. Tricia Langon Neighborhood/Environmental Technician h:lgroup\boardslcgp\m inu tcslcgp 6-97.doc 6 MEMORANDUM TO: Mayor Burns Englewood Council Me~:~ Dan Brotzman, City A?....v June 5, 1997 ( FROM : DATE: REGARDING: City's Options for Contract Trash Hauling. Attached you will find a copy of Nancy Reid's memo pertaining to the above mentioned subject. Attachment CC : Clean, Green & Proud Commission Members Doug Clark, City Manager Bob Simpson, Director of NBD Tricia Langon, NBD V DB/nf Printed on Recycled Paper.@ i e MEMORANDUM TO: FROM: Dan Brotzman, City Attorney dfJ,} / Nancy Reid, Assistant City Attorney/~ DATE: May 29 , 1997 REGARDING: City's Options for Contract Trash Hauling Trash hauling is not available as a franchise. A reading of the City Charter shows that franchises are in the same article , Article XIV , as Public Utilities. By implication, franchises are authorized only to public utilities. The hauling of solid municipal waste is not listed in the definition of a public utility . In addition, as will be discussed below, it is not authorized under S.B. 94-86 and would probably be in violation of the anti-trust laws. City controlled trash hauling is an anti competitive activity which would place it under the general prohibitions of the Federal and Colorado Antitrust Acts . While the State is exempted from such restrictions when there is a clearly expressed State Policy, that does not carry over to home rule municipalities. Parker v. Brown 317 U.S.341 (1943 ). To alleviate these restrictions , the Federal "Local Government Antitrust A ct of 1984" and the 1992 state counterpart, CRS § 6-4-101 et.seq., extends the antitrust protection to all units of local government so long as they are engaged in a "clearly articulated and affirmatively expressed state policy" Clearly the taking over of the trash hauling for the City where the service has been done by private parties is an anti competitive action which must meet all the requirements to be exempt under the antitrust laws. This has been a problem before the new S.B .9 4-86 (C .R.S.31-15-401 et.seq.) because there was not a clearly articulated and affirmatively expressed State Policy to allow the collection of trash by a City. Although CRS § 31-15- 401 et.seq. did allow the Cities to collect trash, there was not much protection from anti competition claims. S.B. 94-86 , clearly articulates and affirmatively expresses the State action which allows Cities to take over collection of trash so that any antitrust problems should be negligible if the procedures outlined under the Act are followed . The Act lists the procedures which must be followed for the City to safely engage in the hauling of trash. It would appear that the following types of provisions would be allowed: 1. The displacement of private trash collectors in favor of the establishment of a municipally operated trash collection service. 2. The hiring, by contract with the City , of a private trash collection service to operate under the governmental authority of the City , or 3. The sectoring of the city and contracting with multiple contractors to serve in various sectors. 23 Col. Lawyer P.2 340 Oct.1994. Printed on Recycled Paper.® ~-------· ------ pie procedures, which must be followed for the City to manage its own trash hauling are, m summary: 1. A one-year public notice advising of the intent to offer the services. (per CRS § 30-15-401(6)); notice shall be in local newspaper and shall include provisions for allowing private haulers to submit proposals and procedures for the imposition of a fee for residential waste services. 2. Notice to current provider. 3. Six (6) month notice before requiring use or imposing fee. 4. Date the City collection is to begin. 5. Explanation of the option to accept and review proposals from qualified haulers as well as the City itself. 6. The City shall contract with one of the proposed haulers. It allows private parties to provide service for individual, commercial or multifamily residences of eight or more units and prohibits the City from compelling these users to use or pay user charges if they choose to remain with a private hauler. It also provides review and remedies for improper awarding of the hauling contract. This memo does not address any liability issues. NNR/slc -----------~ ----