ADOPTED - NOVEMBER 12, 2002
Agenda Item No. 14
Introduced by Human Services and Finance Committees of the
INGHAM COUNTY BOARD OF COMMISSIONERS
RESOLUTION APPROVING THE SOLID WASTE DISPOSAL FUNDING AND SETTLEMENT AGREEMENT AND THE SOLID WASTE DISPOSAL FUNDING AGREEMENTS
RESOLUTION #02-272
WHEREAS, the County adopted a plan for funding solid waste recycling, education, and household hazardous waste disposal programs, pursuant to Resolution No. 00-144, June 13, 2000 (the "Funding Plan"); and
WHEREAS, Granger Associates, Inc. ("Granger") has challenged the County's Funding Plan in an action entitled Granger Associates, Inc., et al v Ingham County, Ingham County Circuit Court File No. 00-92931-CZ (the "Action"). The Action consists of seventeen counts including procedural, statutory and constitutional challenges to the Funding Plan; and
WHEREAS, in an effort to resolve this litigation, and with the approbation of the Circuit Court, the Parties have engaged in settlement discussions. Mr. Bruce Bragg and Mr. Gerald Ambrose conducted the bulk of the Settlement discussions with Granger, Waste Management, Inc. ("Waste Management") and Allied Waste Industries, Inc. ("Allied") and, subsequently, the attorneys for Granger, Waste Management and Allied and the County effectuated the settlement concept which the parties were interested in pursuing; and
WHEREAS, as a result of the settlement discussions, Granger has agreed to a Settlement Agreement, as one of three or more Reciprocal Agreements, and Allied and Waste Management have agreed to the Reciprocal Agreements that will accomplish a global settlement of the Action and substitute a new voluntary contractual Solid Waste Program funding arrangement among and between the County and, initially, the three principal providers of solid waste disposal services in Ingham County (i.e. Granger, Waste Management and Allied), which, collectively, dispose of more than 95 percent of Ingham County solid waste under the terms and conditions set forth in the attached proposed Settlement Agreement and Reciprocal Agreements which are attached collectively hereto as Exhibit 1 and incorporated by this reference as if fully set forth here. In summary form, the New Voluntary Contractual Solid Waste funding arrangement provides that:
1. The Industry Participants will fund fifty percent of the County's current household hazardous waste, solid waste regulation, and solid waste and recycling education programs (other than the actual collection or maintaining of offsite facilities for recyclables) on a voluntary contractual basis; and
2. WMM shall contractually provide certain recycling services listed in Paragraphs 1.3, 1.4 and 1.5 of the WMM agreement, at WMM's sole cost and expense, through December 31, 2005.
WHEREAS, in an effort to resolve the action amicably the Health Officer and County Controller have suggested that the proposed global settlement of the Action and substitution of a new voluntary contractual Solid Waste Program funding arrangement among and between the County, initially, and the three principle providers of solid waste disposal services in Ingham County is an acceptable compromise to the Action and an acceptable mechanism for funding solid waste recycling, education, and household hazardous waste disposal programs; and
ADOPTED - NOVEMBER 12, 2002
Agenda Item No. 14
RESOLUTION #02-272
WHEREAS, Legal Counsel for the County has negotiated, drafted and reviewed the terms of the Settlement Agreement and the Reciprocal Agreements and has advised this Board that such Agreements do adequately effectuate the new voluntary contractual Solid Waste Program funding arrangement; and
WHEREAS, the County Board of Commissioners is amenable to settlement of this matter under the terms and conditions set forth in the Settlement Agreement and the Reciprocal Agreements and pursuant to the new voluntary contractual Solid Waste Program funding arrangement.
THEREFORE BE IT RESOLVED, that the Ingham County Board of Commissioners approves settlement of the pending litigation under the terms and conditions set forth in the Settlement Agreement and Reciprocal Agreements under the express condition that each and every party approves and executes the respective Settlement Agreement and Reciprocal Agreements.
BE IT FURTHER RESOLVED, that the Board of Commissioners approves the new voluntary contractual Solid Waste Program funding arrangement.
BE IT FURTHER RESOLVED, that the Board of Commissioners directs the Health Officer to notify all affected municipalities that the provision of recycling services listed in Paragraphs 1.3, 1.4 and 1.5 of the WMM Agreement, which are contractually provided by WMM, at WMM's sole cost and expense, shall terminate on January 1, 2006, and that thereafter neither WMM nor the County shall bear the expense of providing any such services.
BE IT FURTHER RESOLVED, that the Board of Commissioners directs the Health Officer to undertake good faith efforts to assist the affected municipalities to secure alternative recycling services upon the termination of WMM's contractual obligation set forth above.
BE IT FURTHER RESOLVED that the Chairperson of the County Board of Commissioners and County Clerk are authorized, upon satisfaction of the conditions set forth in this Resolution, to execute the Settlement Agreement and Reciprocal Agreements on behalf of the County Board of Commissioners.
AYES: Members: Celentino, Czarnecki, Dedden, De Leon, Grebner, Hertel, Krause, Lynch, Minter,
Schafer, Severino, Stid, Swope
NAYS: Members: None
RESOLUTION DECLARED ADOPTED.
CLERK TO THE INGHAM COUNTY BOARD OF COMMISSIONERS
I, Mike Bryanton, the duly acting Clerk to the Ingham County Board of Commissioners hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Ingham County Board of Commissioners, at a regular meeting held on November 12, 2002, at which meeting a quorum was present, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open
ADOPTED - NOVEMBER 12, 2002
Agenda Item No. 14
RESOLUTION #02-272
Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been available as required by said Act.
_________________________________
Clerk to the Ingham County
Board of Commissioners
HUMAN SERVICES: Yeas: Hertel, Dedden Lynch, Celentino
Nays: None Absent: Severino Approved 11/4/02
FINANCE: Grebner, Stid, Swope, Krause, Schafer
Nays: None Absent: Hertel, Minter Approved 11/6/02