By Rachel Kytonen

The East Central Solid Waste Commission and Kanabec County may be getting closer to resolving differences over a joint powers agreement between the Commission and the county.

During the ECSWC meeting Monday, June 14, the Kanabec County Board presented its most recent host fee agreement proposal.
The ECSWC which is made up of commissioners from Chisago, Isanti, Pine, Kanabec and Mille Lacs counties, own and operate a mixed municipal solid waste land disposal facility in Arthur Township in Kanabec County.

The joint powers agreement expires in 2007 and a new agreement must be signed before then to ensure continuing operation of the facility.
The ìsticking pointî of the agreement has revolved around Kanabec Countyís demand that it be paid a $4.55 per ton ìhost feeî for all trash coming into the landfill, including their own.

Kanabec County Commissioner Kathi Ellis presented the new agreement that stated the host fee per ton will remain at $4.55, however, payment will be reduced by 12 percent in acknowledgement of Kanabec County waste received.

After reviewing the agreement Chisago County Commissioner Bob Gustafson moved to take the agreement under advisement to allow for the Commissionerís to take the agreement back to their boards, allow for attorney review and to allow time to get surveys back regarding host fees.

The motion passed 4-1 with Kanabec County Commissioner Dennis McNally opposed.

McNally said he thought the concern was Kanabec County paying for its loads and thought the agreement presented addressed that issue.
The agreement stated that beginning in 2005, the host fee shall increase on Jan. 1 of each year the contract is in effect by a percentage equal to the Consumer Price Index change for the most recent 12-month period ending July 1 with a minimum of 2 percent. The agreement would terminate the earlier of 1) termination of operations at the ìfacilityî or 2) July 1, 2026.

ECSWC Executive Director Gene Kramer said throughout the agreement the word ìFacilityî needs to be specified.

He said since there are three permitted activities on the site, the ìFacilityî needs to be changed to ìthe landfill currently identified as SW17.î
Janelle Troupe, ECSWC fiscal and human resource officer, was concerned with the language that said waste will only be accepted from the commissionís five counties served by currently contracted haulers and new haulers may only be added by unanimous vote of the Commission.

Troupe pointed out the Commission does have haulers who come into the facility who arenít under contract. She said these haulers donít bring in a lot of waste, but was concerned she wouldnít be able to allow them in anymore.

Ellis said the intent of the language was to make sure the contract says the facility will accept trash from counties outside the Commission.
A few commissioners were concerned with the ìunanimous voteî that would be needed to allow for new contracted haulers.
ìWe know requiring an unanimous vote isnít a good thing, we know that from history,î said Gustafson.

Gustafson also said he had a problem with the ìadjustmentî that would increase the host fee each year equal to the Consumer Price Index because the host fee could be looked at again in 2008.

After much discussion on whether to have an adjustment in the contract, Isanti County Commissioner George Larson made a suggestion to keep the $4.55 per ton fee and keep the deduct of 12 percent until 2008. Then in 2008, increase it to $5 per ton.

McNally said he will bring what was discussed back to the Kanabec County Board at its next meeting.

ìI donít know about the past, but as a Commission we have tried to bend over backwards for Kanabec County,î Kramer said. ìIt isnít all just about dollars, weíre just looking at ways to do more.î

Though the joint powers agreement technically doesnít have to be in effect until 2007, it would help with long range planning. The Commission is considering going forward with a hydrological study and expansion.

ìIn order for us to develop long-range planning, we need to get short-range things ended,î Kramer said. ìWe need to get the Kanabec County host fee settled and get the joint powers agreement signed. So if we do extend beyond 2007, we need to get the long-range planning done. All Iím asking is you guys to start looking beyond 2007.î

The Commission has been working on the new joint powers agreement with Kanabec County for nearly a year.

The next Commission meeting is Monday, July 12, at the Commission office in Mora.

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