11/18/2019 BOARD OF SELECTMEN Agenda Packet

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*DRAFT* SELECTMEN MINUTES 11-4-2019 10 Board of Selectmen Minutes November 4, 2019 APPOINTMENTS & HEARINGS New Bedford Waste Services LLC; Michael A. Camera, General Manager: The Board of Selectmen met with Michael A. Camera, General Manager of New Bedford Waste Services,LLC to review communication received on August 9, 2019 regarding an increase in solid waste disposal from$60 per ton to $75 per ton effective October 1; 2019. Mr. Camera presented an overview of rising costs in disposal in the Commonwealth of Massachusetts. (enclosure) Approximately twenty years ago the State implemented bans on the expansions of waste-to energy , facilities in an effort to focus on increased recycling and the reduction of disposal. In 2000 a Solid Waste Master Plan was developed earmarking a recycling goal of 46%. Currently,the rate is 23%. The Zero Waste Facility was in que in 2013. to assist the State in achieving their goals to handle recycling and solid waste. However, in 2017 China began to focus on the recycling materials being imported, and. it was determined the quality of imports to China were not usable. To become more sufficient China has reduced and eliminated all imports of recycling commodities. In Massachusetts there is a total loss of disposal options since no new capacity has been developed. In 2020 it is projected that Southeastern Massachusetts will lose 300,000 tons of annual capacity disposal. Mr. Camera indicated the network of in-state waste-to-energy facilities are aging, and more landfills are closing. Possible governmental solutions include lifting the moratorium on waste-to energy plants, allowing more landfills to expand and implementing a state-wide organic food waste ban. With increased tipping fees expected in the 4th quarter of 2019 and beyond Mashpee may need to secure a disposal outlet and consider a Town-wide food waste ban. The Board of Selectmen and Town Manager voiced concern with regards to the August 9, 2019 correspondence notifying the Town of a solid waste price increase in accordance with the provisions of Section 13 "Uncontrollable Circumstances" of the contract dated 1/1/2015. After consulting Town Counsel, it is the position of the Town that the circumstances cited by New Bedford Waste Services do not constitute an"Uncontrollable Circumstance" for the purposes of Section 13, and is without merit and is therefore respectfully rejected. In discussing this matter with Mr. Camera clarified the price increase is $.60 per ton, a total cost of $60.60 per ton beginning in October. On January 1, 2020 a 20%increase on$60.60 is proposed. Mr. Camera indicated he is faced with a severe increase in moving forward that his company is unable to absorb. The bill the Town would receive would contain a copy of his invoice. There is no profit. In November, if the bill is $75 to NBWS, the Town would be requested to pay the same. As per the contract; Section 25 Change in Law Costs Audit,NBWS shall keep and make available to the Town for a period of(60) days after a NBWS notice of any surcharge for Change in Law with supporting records... and shall permit the Town and its agents to examine and audit all documents related to such surcharge upon reasonable advance notice and during NBWS normal business hours.