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10 <br /> Board of Selectmen <br /> Minutes <br /> November 4, 2019 <br /> APPOINTMENTS & HEARINGS <br /> New Bedford Waste Services LLC: Michael A. Camera, General Manager: <br /> The Board of Selectmen met with Michael A. Camera, General Manager of New Bedford Waste <br /> Services, LLC to review communication received on August 9, 2019 regarding an increase in solid waste <br /> disposal from $60 per ton to $75 per ton effective October 1, 2019. <br /> Mr. Camera presented an overview of rising costs in disposal in the Commonwealth of Massachusetts. <br /> (enclosure) <br /> Approximately twenty years ago the State implemented bans on the expansions of waste-to energy <br /> facilities in an effort to focus on increased recycling and the reduction of disposal. In 2000 a Solid Waste <br /> Master Plan was developed earmarking a recycling goal of 46%. Currently, the rate is 23%. <br /> The Zero Waste Facility was in que in 2013 to assist the State in achieving their goals to handle recycling <br /> and solid waste. However, in 2017 China began to focus on the recycling materials being imported, and <br /> it was determined the quality of imports to China were not usable. To become more sufficient China has <br /> reduced and eliminated all imports of recycling commodities. In Massachusetts there is a total loss of <br /> disposal options since no new capacity has been developed. In 2020 it is projected that Southeastern <br /> Massachusetts will lose 300,000 tons of annual capacity disposal. <br /> Mr. Camera indicated the network of in-state waste-to-energy facilities are aging, and more landfills are <br /> closing. Possible governmental solutions include lifting the moratorium on waste-to energy plants, <br /> allowing more landfills to expand and implementing a state-wide organic food waste ban. <br /> With increased tipping fees expected in the 0' quarter of 2019 and beyond Mashpee may need to secure a <br /> disposal outlet and consider a Town-wide food waste ban. <br /> The Board of Selectmen and Town Manager voiced concern with regards to the August 9, 2019 <br /> correspondence notifying the Town of a solid waste price increase in accordance with the provisions of <br /> Section 13 "Uncontrollable Circumstances" of the contract dated 1/1/2015. After consulting Town <br /> Counsel, it is the position of the Town that the circumstances cited by New Bedford Waste Services do <br /> not constitute an"Uncontrollable Circumstance" for the purposes of Section 13, and is without merit and <br /> is therefore respectfully rejected. <br /> In discussing this matter with Mr. Camera clarified the price increase is $.60 per ton, a total cost of <br /> $60.60 per ton beginning in October. On January 1, 2020 a 20% increase on $60.60 is proposed. <br /> Mr. Camera indicated he is faced with a severe increase in moving forward that his company is unable to <br /> absorb. The bill the Town would receive would contain a copy of his invoice. There is no profit. In <br /> November, if the bill is $75 to NBWS, the Town would be requested to pay the same. <br /> As per the contract; Section 25 Change in Law Costs Audit,NBWS shall keep and make available to the <br /> Town for a period of(60) days after a NBWS notice of any surcharge for Change in Law with supporting <br /> records... and shall permit the Town and its agents to examine and audit all documents related to such <br /> surcharge upon reasonable advance notice and during NBWS normal business hours. <br />