Minutes of the Cuyahoga County Planning Commission/Solid Waste Policy Committee
October 16, 2008
ATTENDANCE
Attachment A lists the attendance at this meeting, at which the following matters were discussed.
CALL TO ORDER
The meeting was called to order by Pat Smock, for Commissioner Jimmy Dimora, Chair of the
Planning Commission and Solid Waste Policy Committee.
MINUTES
On a motion by Mayor Kelley, seconded by Mr. Shannon, the minutes of the July 10, 2008
Planning Commission meeting were approved.
RESOLUTIONS
General
On a motion by Mayor Kenneth Patton, seconded by Mayor Kelley, Resolution No. 081016-A,
approving personnel actions was unanimously approved.
On a motion by Mayor Kelley, seconded by Mr. Shannon, Resolution No. 081016-B, approving a resolution in support of the Northeast Ohio Regional Sewer District's Stormwater Management Program was unanimously approved.
On a motion by Mayor Kenneth Patton, seconded by Mayor Kelley, Resolution No. 081016-C, authorizing a contract for planning services with the City of Westlake was unanimously approved.
On a motion by Mr. Shannon, seconded by Mayor Kenneth Patton, Resolution No. 081016-D, authorizing a contract for planning services with the Cuyahoga county Department of Justice Affairs was unanimously approved.
On a motion by Mr. Cantor, seconded by Mayor Kenneth Patton, Resolution No. 081016-E, authorizing a contract for planning services with the City of Euclid was unanimously approved.
COMMUNITY AND REGIONAL ISSUES
Mr. Alsenas introduced three linked community and regional issues.
Clean Ohio Program Renewal Campaign. First, noting the state's current economic condition and stating that the Clean Ohio Program has brought more than $34 million dollars to Cuyahoga County in the four funding rounds, Mr. Alsenas introduced Mr. Alan Melamed, Statewide Campaign Manager, for the Renewal Campaign for the Clean Ohio Program which will be State Issue 2 on the November ballot and asked him to inform the CPC on what it could do to help support the initiative.
Mr. Melamed indicated that Clean Ohio Program has had a terrific economic impact in providing $2.6 billion across the state and creating more than 115,000 new permanent and temporary jobs. He indicated that the major campaign's obstacle has been in getting the voters to understand that the initiative is not a tax increase and discussed the marketing efforts taking place to get the initiatives campaign message out. A brief discussion ensued.
Regional Stormwater Program. The second issue Mr. Alsenas brought forward was the problem with stormwater management. He introduced Ms. Kyle Dreyfus-Wells, Environmental Manager with the Northeast Ohio Regional Sewer District (NEORSD) to discuss the design of the Regional Stormwater Management Program and what this program could accomplish. Ms. Dreyfus-Wells introduced her NEORSD colleague Darnella Robinson and noted that Mayor Longo is Trustee of the NEORSD Board.
Ms. Dreyfus-Wells began her presentation by referring to a map that showed the flooding, erosion and water quality problems throughout the region and stated that the instances of flooding have tripled since 1978 largely due to spreading development. Based on the RIDE Study, the NEORSD estimates that will take about $400 million to address some the problems. She stated that the Ohio Revised Code §6119, the NEORSD's founding Court Order and supporting case law, gives the NEORSD the mandate and authority implement a regional stormwater management program.
Ms. Dreyfus-Wells indicated that the Stormwater Management Program is currently in development and she was here to briefly describe the new regional program which is planned to start in 2010 and associated cost of program.
The kind of problems being discussed are erosion and flooding that threatens road, bridges and homes, flooding during minor storms and aging dams, culverts and other infrastructure and associated water quality issues. The big concerns are woody debris from eroding stream banks blocking outlets, dams and detention basis, and for the more urbanized communities with pipes in streams, the maintenance of those pipes.
Ms. Dreyfus-Wells showed a pie chart illustrating the problems by type. She stated that flooding of local and arterial streets are a large problem throughout the region. Further, the goal is address the problem through coordination on a regional basis because the best solution is far from the manifestation of the real problem.
The proposed services that NEORSD proposes under the new program are activities and services the NEORSD can do with regard to conveyances in streams and in pipes and activities and services that can be performed within communities.
Ms. Dreyfus-Wells stated that the NEORSD would work with and at the direction of the local communities. She emphasized that stormwater management is a local issue and that the NEORSD's role is to provide expertise and support in terms of inspection and maintenance of streams, pipes and culverts, as well as doing erosion control projects and regional retention projects. The NEORSD would be responsible for addressing regional issues. Local problems that are mostly small in nature and can't be linked to the regional system would be done by the local communities with the NEORSD providing technical assistance and cost sharing.
Ms. Dreyfus-Wells provided two examples of regional projects. The first was Mill Creek in Highland Hills before the restoration took place. Before restoration, there was significant flooding and stream bank erosion threatening homes. If the project had been performed under the new regional storm water system, the NEORSD would have been responsible for plan design and construction, easements, maintaining and monitoring Ohio and United States Environmental Protection Agency standards as well as Army Corp of Engineering and coordinating with local governments. A second example of a regional project would be basins and dams such as the Shaker Lake Dams.
Ms. Dreyfus-Wells discussed the rate structure and funding mechanisms for the proposed new regional stormwater management program. Subject to NEORSD Director and Board approval, the program would incorporate an equitable, flexible and credible user fee based square footage of impervious surface. The tentative, not yet approved, rate estimate is between $4.00 and $6.00 per 3,000 square feet, per month range which is typical throughout the U.S. for a moderate program. From a residential perspective, the cost would be $48.00 to $72.00 per year for the average home owner. The key issue will be dealing with nonprofits with large impervious surface property that may not have the resources to pay the fee. For example a church that is approximately 200,000 square feet would potentially have an annual stormwater fee of $4,000.00 per year. The NEORSD will put in place some credit and outset programs for such cases and implement a cost sharing program that would return a portion of the fee collected to communities to do local projects. Lastly, NEORSD is currently working on next steps such as coordinating with other agencies like the Board of Health and Soil and Water Conservation District, and soliciting support for the program.
Ms. Dreyfus-Wells invited questions at the end of her presentation. A brief discussion ensued and several questions were asked. Mr. Alsenas asked whether the program is expected to evolve to the point where it can allow individual property owners who adopt and invest in storm water management practices will receive a credit or reduction in their stormwater bill. Ms. Dreyfus-Wells indicated that an individual property owner that reduces its imperviousness can reduce its bill, and that there are many best practices to minimize storm water problems. Mr. Shannon asked how assessments will be calculated and a process by which persons can claim credits. Ms. Dreyfus-Wells stated that for residential assessments it is satellite imagery. For non-residential property, the assessments would be calculated by hand digital measurements. She also indicated that there will be an appeals process.
Mr. Alsenas asked for reaction of the Commission indicating that the CPC staff has been working with the NEORSD to understand the evolution of the program and to perhaps impact it in ways that conform to what the Planning Commission has already done for example with the Green Space Initiative which was started at the CPC in 1999. Mr. Alsenas stated that the CPC has thought that green infrastructure is fundamental the county's economic development, to our rust belt image, to the aesthetics of the community and to the cost of infrastructure. Making reference to a GIS presentation overlaying the typography of Cuyahoga County with all major streams shows that here are many dimensions to the stormwater problem and the problem is poses to the Great Lakes basin.
Mr. Alsenas asked authorization to continuing working on evolving the program emphasizing the importance of being at the creation of the new paradigm and that this new approach will show the benefits that can be derived beyond just solving a problem such as leveraging the new green infrastructure and distinguishing Cuyahoga County.
Green Space Initiative. The last issue under Community and Regional Issues was about the County Greenprint. Mr. Alsenas introduced Ms. Elaine Price, Greenspace Program Officer at the Cuyahoga County Planning Commission and indicated that she was going to talk about the short term steps needed to re-energize the Green Space Initiative. Mr. Alsenas indicated that the presentation would not be an overview of the Green Space Initiative, but very focused next steps relying on members of the Planning Commission to lead the County in updating the Green Space Initiative.
Ms. Price referred to the "Green Print" that was created in 2002 and explained "Seven Dimensions of Green Space" or the "Seven Green Nuggets."
Next Ms. Price discussed ways of looking at brown space that can become green space again, or the design criteria:
- Green Space to drive Economic Development;
- Education Support, the idea that every school in Cuyahoga County will be in walking distance of an outdoor classroom;
- Wellness and Fitness
- Public Art
- Recreation
- Green Infrastructure One
- Green Infrastructure Two
SOLID WASTE DISTRICT REPORT
Mr. Holland updated the Commission and Solid Waste Policy Committee on the 2008 Phonebook
Collection results reporting that the Solid Waste District collected 516 tons of phonebooks.
Mr. Holland stated that since various companies distribute multiple phonebooks, the total
represents about 344,000 phonebooks collected. In addition, Mr. Holland stated that the Solid
Waste District was able to market the collected phonebooks and expects to recover the cost of
the containers within a couple of years.
Mayor Eileen Patton asked if there is a way to prevent the multiple distributions of phonebooks in communities because they are just being inundated. Mr. Holland stated that the phonebooks represent advertising business for the particular companies and that their distribution would be difficult to prevent.
Mr. Holland also reported the results of the 2008 Tire Roundup stating that 50 of the 59 Cuyahoga County communities participated and about 14,131 tires were collected with still more to collect, preventing about 169 tons of tires from ending up in vacant lots.
Mr. Holland updated the Commission and Solid Waste Policy Committee on the status of the litigation surrounding the efforts by Stark, Tuscarawas and Wayne counties to prevent counties, including Cuyahoga County, from taking waste to privately owned landfills located in the Stark/Tuscarawas/Wayne County Joint District. He stated that the National Solid Waste Management Association has filed a lawsuit which is now in the Appellate Court. It is anticipated that a ruling unfavorable to Cuyahoga County will be made by the end of the year propelling the litigation on to the Ohio Supreme Court.
In the meantime, Stark/Tuscarawas/Wayne Joint District has adopted Rules affecting Cuyahoga County and fourteen (14) other counties. The affected counties must file an application by November 1, 2008 with the Joint District and pay a fee to see if their waste can be brought into the landfill. Under the Adopted Rules, a county seeking to bring in waste must surpass the Joint District's recycling efforts reflected as a rolling three year average. Currently Cuyahoga County far exceeds the residential/ commercial recycling measurements and is just under 0.5% of the industrial recycling measurements. Mr. Holland, however, expressed concern over the input and the methodology that the Joint District uses to report their recycling efforts to the Ohio Environmental Protection Agency.
The Adopted Rules will take effect June 2009. Mr. Holland stated that if Cuyahoga County is not permitted to use the Stark/Tuscarawas/Wayne landfill, it will have to find another landfill to take the sixty-six percent (66%) of its waste now going to Stark/Tuscarawas/Wayne. The cost of transporting the waste to another landfill will definitely increase transportation costs. In addition, Mr. Holland noted that a chemical reaction has occurred at the Stark/Tuscarawas/Wayne landfill, and impacted neighboring landowners who have also filed a lawsuit.
Mr. Holland reiterated the Republic Services issue addressed in the last Commission and Solid Waste Policy Committee meeting, namely that Republic Services is the third largest waste company in the U.S., and is being acquired by BFI, the second largest waste company in the U.S. The result of this takeover is that seventy-one percent (71%) of Cuyahoga County's market share will be controlled by one company which is not good for the County and not good for competition.
Mr. Holland stated that he has been in almost constant conversation with antitrust officials who are reviewing and monitoring the situation.
For Project Highlights Mr. Alsenas referred the Commission to the written reports.
Mr. Smock requested that any old business and new business be brought before the Commission, hearing none, Mr. Smock adjourned the meeting.
Cuyahoga County Planning Commission/Solid Waste Policy Committee
| October 16, 2008 Attendance Record | |
|---|---|
| Member | Present |
| Mayor Robert Blomquist | No |
| Mr. Robert Brown for Mayor Jackson | Yes, by Mr. Cantor |
| Commissioner Jimmy Dimora | Yes, by Mr. Smock |
| Mayor Merle Gorden | No |
| Commissioner Timothy Hagan | Yes, by Ms. Forbes |
| Commissioner Peter Lawson Jones | Yes, by Mr. Shannon |
| Mayor Edward Kelley | Yes |
| Mayor Thomas Longo | Yes |
| Mayor Eileen Patton | Yes |
| Mayor Kenneth Patton | Yes |
| Mayor Michael Procuk | Yes, by Mayor Bacci |
| SOLID WASTE POLICY COMMITTEE | |
| Ms. Virginia Aveni | Yes |
| Dr. Jack Licate | Yes |
| Others: John DeMuth, Claire Kilbane, Ms. Kyle Dreyfus Wells, Ms. Elaine Price | |
