2011-04-26_PWETC_Minutes - Laserfiche WebLink

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Mr. Schwartz advised that he had held a follow -up conversation with City Manager Malinen this afternoon; and while staff could hold additional discussions with the City Attorney, the problem appeared to be that the City needed to remove itself from any involvement in the forum process to avoid violation of state statute, including avoiding the PWET Commission's involvement or holding such a forum. Mr. Schwartz noted that organizations such as the RCL or LWV were not sanctioned by the City and they could proceed with such a forum. Ms. Barsell sought assurance that there would be no legal repercussions if the RCL were to proceed with an informational forum to educate the public on the pros and cons of various types of collection programs. Ms. Barsell noted that it was the desire of the RCL to provide an open forum for discussion; to hear the experiences of other communities, both their successes and failures; and Beyond that update, Mr. Schwartz advised that City Manager Malinen suggested that several members of the PWET Commission form a subcommittee to work with City staff to explore a recommendation by Mr. Lambert for an optional voluntary type participation program as a type of collection program, determining if there were market forces at work that could prevent the success of such a form of collection; discussing both zonal and unified collections; or opt out programs. Ms. Barsell noted that it was intended to have full representation at the informational forum, including representatives from area trash haulers. Ms. Barsell suggested that materials would be provided to allow public questions by a panel of representatives, not an open microphone situation that would serve to avoid the contentious situation that developed in the City of Maplewood during their discussion process. It was the consensus of the Commission that, provided the RCL acted independently of the City and /or the PWET Commission, there should be no problem in their proceeding. Mr. Schwartz advised that in his discussions with the City Attorney, that was the key; and that any involvement by City staff would violate statutory language; even going down the route for considering a voluntary program would still be defined by statute as organized collection. Mr. Schwartz advised that this was the rationale in the City of Maplewood pursuing an RFP to explore options and addressing opposition for those wanting to opt out of such an organized collection program. If not accessible on the City's website, Chair DeBenedet asked that staff provide the spreadsheet presented in the March 2011 PWET Commission agenda packet materials for his reference. Ms. Barsell questioned reference materials on various pro /cons as researched by the PWET Commission and City staff, and whether those materials would be Page 14 of 18