Loading...
HomeMy WebLinkAboutagenda.council.worksession.20160815 CITY COUNCIL WORK SESSION August 15, 2016 5:00 PM, City Council Chambers MEETING AGENDA I. Old Power House Direction II. Construction and Demolition Waste Diversions III. Smoking Vehicle Ordinance Revisions P1 Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Tim Thompson, Project Manager THRU: Jack Wheeler, Capital Asset Manager DATE OF MEMO: August 12th, 2016 MEETING DATE: August 15th, 2016 RE: Old Powerhouse – Work Session for Interim Space Needs REQUEST OF COUNCIL: Council discussion for the use of the Old Powerhouse for interim space needs. PREVIOUS COUNCIL ACTION: Council decided not to move forward with long term lease for other uses. DISCUSSION: Staff needs to make some decisions for interim space needs. We would like council to approve use of the powerhouse to solve interim needs for the next few years as the City of Aspen develops a long term solution for our space needs. Staff will be bringing options to the work session on August 23rd, 2016 that include long term use for discussion. This direction is just for the interim needs. ENVIRONMENTAL / COMMUNITY IMPACTS: This action will effectively use our currently held assets to solve our space needs, removing the expense of leasing more space. RECOMMENDED ACTION: Staff recommend that council approves the use the Old Powerhouse for interim space needs. CITY MANAGER COMMENTS: P2 I. Page 2 of 2 ATTACHMENTS: None. P3 I. Page 1 of 4 MEMORANDUM TO: Mayor and City Council FROM: Liz O'Connell, Environmental Health and Sustainability THRU: CJ Oliver, Environmental Health and Sustainability Director DATE OF MEMO: August 11, 2016 MEETING DATE: August 15, 2016 RE: Construction and Demolition Waste update REQUEST OF COUNCIL: No direct action is requested of Council. This memo is part of the ongoing effort to inform Council about waste issues. By increasing understanding about the impact construction and demolition waste has upon our local landfill, local economics, and environment, Council will be prepared to evaluate options to address these issues in the future. PREVIOUS COUNCIL ACTION: The City of Aspen has partnered with Pitkin County to complete a Comprehensive Waste Diversion Plan, Phase 2 of which will be completed in the spring of 2017. After hearing about the issues associated with Municipal Solid Waste, Council requested staff come back before Phase 2 was complete to educate Council about some of the nuances and details of construction and demolition waste. The 2015 Construction Management Plan approved by Council included reporting requirements for construction and demolition waste, but required no specific actions to divert material. In 2008, a previous Council evaluated and rejected instituting a Solid Waste Fee to be collected with building permitting fees. BACKGROUND: Pitkin County and the City of Aspen have worked together over decades to improve waste diversion in our community. The Pitkin County Solid Waste Center (landfill) is intended to be the primary location for disposing of waste from the City of Aspen. The landfill is estimated to have 14 years left at the current rate of deposition and diversion. In 2007, 183,445 cubic yards of waste were delivered to the landfill. 116,510 cubic yards of that total (64%) was Construction and Demolition debris (C&D). In 2015, 153,500 tons of C & D (80% of total) was received. Based on the number of building permits issued in Aspen in 2014, 79% of this C&D waste is attributable to development within Aspen. Approximately 47% of the construction and demolition waste received was diverted through a variety of programs, including the use of C&D waste as Alternative Daily Cover. In an effort to reduce particulate matter in the air, save landfill space, and improve efficiency of landfill operations, C&D waste is no longer being ground up and used as Alternative Daily Cover. The combination of changed practices, increased building activity, and no local alternative landfill makes addressing this issue urgent. P4 II. Page 2 of 4 DISCUSSION: Construction and Demolition Waste The Solid Waste Assessment (performed by Weaver Consultants Group and LBA Associates) revealed that 80% of what is currently being brought to the landfill is the result of construction and demolition activity. A majority of this material is the result of demolition activities, not new construction. Phase 2 will include a number of recommendations for actions to address this issue and will rate those actions in terms of tons diverted, feasibility, greenhouse gases, jobs created, costs, savings, revenue potential, enforcement needs, and public partnerships. Although construction and demolition waste is a pressing issue for all communities across the globe, Aspen has an unusually high proportion of C&D waste when compared to waste streams from municipal sources (i.e. homes, businesses, institutions, and special events). There are number of reasons why Aspen should consider directly addressing this issue, as well as challenges to overcome. Benefits to reducing C&D waste:  Increasing the life of our only local landfill  Lowering the energy consumption and CO2 emissions of the construction industry  Creating new jobs by stimulating the reuse of construction materials in our local area  Lowering the costs of construction materials for projects in our community  Tax incentives for projects that divert and recycle materials  Conserving resources used to create building materials  Builds local resiliency by creating and sustaining a used building material supply Challenges to be considered:  Increase in space required for projects to store separated materials  Adverse impacts on roadways, reduced on-street parking during deconstruction  Increased truck traffic to transport unconsolidated loads  Increased time to complete projects do to the increase time required to separate materials for reuse and recycling  Increased costs for additional labor, fees, deposits  Lack of market demand for used building materials  High-end development mixed with low and middle income population  No mixed processing facilities in our area  Lack of storage space for recovered materials (Pitkin County landfill is considering building a covered storage facility for some of these materials in 2017.)  Lack of resources to administer and enforce increased diversion requirements Other municipalities Communities in Colorado, United States, and other parts of the world have seen this issue as pressing enough to devote resources and create legislation to move away from such high rates of waste. For example, Boulder has a comprehensive program that requires the diversion of construction waste and provides resources to contractors to accomplish what they require (see attachment A). Several municipalities across the U.S. have successful and more stringent P5 II. Page 3 of 4 policies, such as Chicago and Plano, Texas (see attachment B). Germany recycles over 80% of its C&D waste while Denmark has achieved C&D diversion rates of 90%. There are some significant differences between Aspen and the communities listed above that will make our solutions somewhat different from what works in other locations. We are a low density population area without easy access to rail services. There is no State mandate to reduce waste, such as in California, and a minimum of Colorado funds available to assist in waste reduction efforts. We do not have access to coastal facilities and international markets. We have a neighboring landfill with lower tipping fees. Phase 2 will be considering these limitations as they bring recommendations forward. Current C&D diversion Not all components of construction and demolition waste are buried or easily repurposed. The Pitkin County landfill takes in rock (aggregate) and crushes it into a variety of sizes that is then resold to be used in other construction projects. The landfill also accepts scrap metal at no charge and then resells it. Untreated wood can be used in their compost facility, but treated lumber goes into the landfill itself. The other components of construction waste (drywall, interior molding window glass, etc.) are buried with the municipal solid waste. Although mixed loads that may contain recoverable materials such as metal, rock, and wood arrive daily, these are not sorted and all of that material is buried in the landfill when it is brought in a combined load. There are currently no facilities, staff, or equipment in the City or County which would allow for the sorting of these mixed loads. Further, there is limited space available in local facilities (Landfill Drop and Swap, Habitat for Humanity warehouse) to store recovered materials. FINANCIAL/BUDGET IMPACTS: Depending on the method that Council chooses to implement, there may be financial costs associated with increased staff or facilities to administer the new programs. ENVIRONMENTAL IMPACTS: Sustainability initiative Yes Outcome area affected: Air, Waste Key metric affected: Air- Levels of particulate matter; Waste – Waste diversion rate; Amount of landfill space available; Number of miles waste travels for processing By reducing the amount of material sent to be buried in the landfill and finding ways to reuse this material resources are conserved. It also extends the life of the raw materials sources. The embodied energy and carbon emissions of manufacturing construction materials from virgin resources would be reduced if materials are reused and recycled. RECOMMENDED ACTION: No action is recommended at this time. Staff is here to answer any questions Council may have after reviewing this information. P6 II. Page 4 of 4 CITY MANAGER COMMENTS: ______________________________________________________________________________ _____________________________________________________________________________ P7 II. Boulder County Boulder County Building Code Amendments Land Use Department: Building Safety & Inspection Services: Office Hours: P8 II. IECC CHAPTERS 6 [CE] AND 6 [RE] DECONSTRUCTION Note: Add Chapters 6[CE] and 6[RE], “Deconstruction.” SECTIONS C601 AND R601 DECONSTRUCTION 601.1 General. All existing buildings and portions thereof requiring removal of building materials must be deconstructed as defined in Sections C202 and R202. Demolition is not permitted. 601.2 Penalty. Buildings demolished or partially demolished rather than deconstructed will, at the discretion of the building official, be issued a stop work notice for a period not exceeding 30 days. 601.2 Documentation of intent to deconstruct. Documentation of intent to deconstruct, consisting of a deconstruction plan, a written description of deconstruction work, or the County Deconstruction Checklist must be provided at building permit application. The documentation of intent to deconstruct must include: the name of the deconstruction contractor, a list of the materials to be recovered, donated, or reused, and the destination of the materials. The documentation must include both nonstructural deconstruction and structural deconstruction. Items which must be donated, sold, or re-used include: cabinets, dimensional lumber, flooring, and solid core doors. 601.3 Verification of deconstruction of a structure. The completion of deconstruction as approved on the deconstruction plan must be verified by the Building Division. The owner or deconstruction professional shall provide written verification of deconstruction by means of receipts or a written log, maintained by the homeowner or general contractor, which includes the volume or weight of materials and the destination where they were transported to the Building Safety & Inspection Services Division. Verification must be received prior to scheduling the rough inspections. Note: Add Chapters 7[CE] and 7[RE], “Construction Jobsite Waste Reduction and Recycling.” IECC CHAPTERS 7 [CE] AND 7 [CR] CONSTRUCTION JOBSITE WASTE REDUCTION AND RECYCLING 701.1 Construction jobsite waste reduction and recycling. All construction jobsite waste must be recycled, including wood, scrap metal, cardboard, and concrete. Labeled containers must be provided at the construction-site for use in capturing recyclable material. A mixed load container may be used if that container is being sent to a waste/recycling center that will verify the weight of recycled ma terial recovered from that mixed load. 701.2 Documentation of intent to recycle. Documentation of intent to recycle which consists of a recycling plan, a written description of recycling activity, or the submittal of the County Recycling Checklist must be provided at building permit application. The documentation must specify the locations of recycling containers and the destination where material will be recycled. 701.3. Verification. Field inspection will be made by the Boulder County Building Division during the construction process to assure that recycling containers have been placed on-site. Prior to the final inspection, documentation must be provided to the Building Division office by the owner or waste/recycling contractor indicating the weight or volume of materials diverted from the waste stream. Materials that must be recycled include: appliances, concrete, metals, cardboard, and wood (except pressure treated or painted wood), and thermostats and other devices containing mercury. Other materials which are accepted by the waste/recycling contractor must also be recycled. Note: Add Chapters 8[CE] and 8[RE], “Trash Storage and Recycling Areas.” IECC CHAPTERS 8 [CE] AND 8 [RE] TRASH STORAGE AND RECYCLING AREAS Section 801.1 On-site recycling. The following requirements shall apply to the construction of trash storage and recycling areas for attached dwellings and all business and industrial buildings or uses: 801.1.1 Covered area. Trash storage and recycling area shall be accommodated within the structure, or adequate common area shall be included on-site and indicated on a site plan. P9 II. 801.1.2 Hard surface required, screening and landscaping. All outdoor trash recycling storage and containers shall be placed on a hard surface, including, without limitation, concrete, and shall be screened. 801.1.3 Maintenance and service. Trash storage and recycling area shall include adequate space for the maintenance and servicing of containers for recyclable materials that are provided by local disposal and recycling companies. P10 II. 801.1.4 Adequate space for trash and recyclables. The amount of space provided for the collection and storage of recyclable materials shall be at least as large as the amount of space provided for the collection and storage of trash materials. 801.1.5 Convenience and accessibility. The recycling area shall be must be at least as accessible and convenient for tenants and collection vehicles as the trash collection and storage area. 801.1.6 Minimum clearance. A minimum height clearance of eight feet shall be required if the space is provided in a covered enclosure. P11 II. CONSTRUCTION and DEMOLITION DEBRIS BENCHMARKING - Summary LBA Associates, Inc. Page 1 of 1 Summary Roaring Fork 8/3/2016 CITY/ COUNTY TYPE of PROGRAM AGE APPLICABILITY PARTNERSHIPS DIVERSION GOALS RESULTS START FINISH C&D PROCESSORS Chicago, IL C&D diversion 10 yrs Any project requiring building permit (some exemptions) 50%85% to 90% C&D diversion Report on each mixed load & pay penalty for every % below 50% End of project compliance affidavit Orange County, NC C&D permit 14 yrs Any project requiring building or zoning permit Implemented jointly with cities 30% (applied to processors) Reduced disposed C&D tons by 74% in 10 yrs 4 or 5 certified facilities Plano, TX Refundable deposit 6 yrs Any commercial project requiring building permit (some exemptions) 30% for alternations/re novations - 60% new construction/d emolition Increased diverted C&D tons 260% in 6 yrs Application form & deposit Must use certified hauler, request deposit refund with 180 days of CO issuance 1 facility (new in 2016) San Jose, CA Hybrid with refundable deposit (program so mature, are moving away from deposits) 15 yrs Any project requiring building permit (some exemptions) Some city projects regulated by CALGreen (flat fee program) 75% Maintain C&D diversion at 75% or more every year Waste management plan & deposit to obtain building permit Must request refund within 12 months Over 20 certified facilities Must use licensed hauler & certified processor P 1 2 I I . Page 1 of 4 MEMORANDUM TO: Mayor and City Council FROM: Jannette Whitcomb, REHS Sr. Environmental Health Specialist THRU: CJ Oliver, Director of Environmental Health & Sustainability DATE OF MEMO: August 5, 2016 MEETING DATE: August 15, 2016 RE: Proposed Smoking Vehicle Ordinance REQUEST OF COUNCIL: Staff is requesting City Council feedback on and approval to proceed with a first reading of a proposed smoking vehicle ordinance in an effort to localize a state statute regulating heavy duty diesel vehicle emissions. BACKGROUND: Imagine what Aspen would be like if we had a cloud of pollution hanging over our town OR when skiing down Aspen Mountain you actual skied not through the clouds but through a cloud of pollution. In the late 1980’s Aspen had such a pollution problem. And in the 1990s, Environmental Protection Agency (EPA) cited Aspen for not able to attain the National Ambient Air Quality Standard for coarse particulates (PM10) which is a 24-hour average of 150 ug/m3. Today, we benefit from the many steps previous City Councils, staff and community members took to improve and protect our local air quality. These measures included paid parking and mass transit, fireplace restrictions, restaurant grills and idling regulations, and real-time air quality monitoring of PM10. These measures, with paid parking and mass transit being the most significant, quickly improved our air quality and in 2003 EPA re-designated Aspen as being in attainment for PM10. Aspen’s Outdoor Air Quality program manages many of these measures and develops new programs and projects that continue to protect our clean air with a changing climate. These measures include diesel emission retrofit grant projects for both public and private heavy duty diesel vehicles, active idling vehicle surveillance in the winter, real-time air quality monitoring of ozone, PM10 and fine particulates (PM2.5), health based messaging on local air quality, participation in the development of Aspen’s traffic impact analysis section of the land use code and measuring opacity on the emissions of heavy duty diesel vehicles at Colorado State Patrol truck checks. P13 III. Page 2 of 4 DISCUSSION: The Environmental Health Department has responded to complaints of heavy polluting trucks since the early 2000s. However, we increased our focus on Heavy Duty Diesel Vehicles (HDDV) back in 2008 when Walter Chi, with the Aspen Police, reached out to Environmental Health about a concern he had with the trucks in Aspen. He wanted to find a way the City could both assure safe streets and clean emissions from trucks. From those conversations staff researched options including individual vehicle stops to truck checks. Truck checks were determined to be the safest and most efficient mechanism to meet staff’s desired safety and environmental goals. Since 2010, the Aspen Environmental Health & Sustainability Department has partnered with the Colorado State Patrol (CSP), Port Authority, Aspen Police and Pitkin County to host annual truck checks. Truck Checks are necessary to ensure the safety and compliance with state laws pertaining to commercial HDDVs and other commercial vehicles. Laws including licensure, insurance, vehicle weight, and a multitude of vehicle safety standards are used to inspect commercial vehicles at any CSP truck checks in Colorado. In Aspen, we have added an emissions check to ensure compliance with the 40% opacity standard set by Colorado statute 42- 4-412. This simple air quality check gives Aspen an opportunity to inform HDDV drivers that their vehicle must be properly maintained such that it does not emit excessive amounts of pollution. Environmental Health staff and other City staff are trained and certified bi-annually by the Colorado Department of Public Health and Environment (CDPHE) in both visual opacity readings as well as how to conduct the SAE J1667 snap acceleration test administered with a certified opacity meter. Both forms of reading opacity from a HDDV are used at the truck check with the certified meter used for confirming a violation of the standard. Through the many truck checks staff have completed over the years we can say confidently that the majority of trucks coming into Aspen are in compliance with the 40% opacity standard. Since 2007, EPA’s Clean Diesel emission standards have greatly reduced the amount of pollution emitted from new HDDV. Due to these standards many of trucks on the road now have less than 40% and closer to 10% in opacity. It is important to note that older trucks can emit short puffs of smoke when accelerating, but it is the density and duration of that smoke that indicates a problem. Whether it is old or new, if trucks smoke greater than 40% it is an indication of a problem or possible tampering of the engine. At Aspen’s truck checks, we generally see five or so trucks that fail the opacity standard. Without a local ordinance, the process to gain compliance using the state law has been cumbersome and ineffective at times. Environmental Health staff administer this program but are unable to issue tickets. The fine is twenty-five (25) dollars and must be issued by a police officer and if contested, brought to Pitkin County court. After truck checks, Environmental Health staff issue warnings that alert the vehicle owner of the failed truck check and requests that they fix the vehicle and contact them for a recheck. See Attachment A for example of a notice P14 III. Page 3 of 4 of violation for the opacity standard. Roughly 50% of the issued warnings produce the preferred response however less than that actually schedule a recheck with the City. Several companies have been cited at multiple truck checks for the same truck or a different truck in their fleet. Staff believe it is time to bring local authority to the opacity standard such that Environmental Health can put in place proper mechanisms for fleet managers/owners to gain compliance. By increasing the fine from $25 to $500 for their first offense, staff believe the fine would gain the vehicle owner’s attention and motivate them to fix their vehicle. There is a cost to properly maintaining a vehicle, and if done prior to the 30 to 60-day deadline proposed in the ordinance, the fine would be waived. Aspen has a strong record in the protection of our air quality. Many of our measures focus on the impacts of vehicles on our air quality whether it is from tailpipe emissions to the impacts of vehicles driving on our roads in and throughout town. A smoking vehicle ordinance would work to lessen the impact of emissions from heavy duty diesel vehicles not being properly maintained. By having annual truck checks, the city has developed a routine broad stroke approach to reaching the many different types of diesel trucks. FINANCIAL/BUDGET IMPACTS: There are no direct budget impacts to the City of Aspen related to this ordinance as it can continue to be managed with existing staff resources. Staff’s objective is the potential fines will encourage vehicle owners to repair the vehicles such that they do not have to pay the fine. Any fines paid would go to the general fund and not directly to the Environmental Health & Sustainability Department. ENVIRONMENTAL IMPACTS: Adoption of a local smoking vehicle ordinance will reduce the level of smoke emitted from diesel powered vehicles that would otherwise be controlled from proper vehicle maintenance. The benefit of an opacity ordinance is that it gets the heaviest emitting vehicles in for proper maintenance or off the Aspen roads, especially very old vehicles. While this measure will not significantly reduce the pollution caused by diesel vehicles it does provide a mechanism to ensure HDDVs are operating at optimal level and thus emitting air pollution. Sustainability initiative? Yes Outcome area affected: Air Quality Key metric affected: Reduction in particulate matter pollution. RECOMMENDED ACTION: Staff requests approval from City Council to proceed with a first reading of the Smoking Vehicle Ordinance. ALTERNATIVES: If Council does not want to approve the staff recommendation then staff will continue truck checks under the state law and ask Police to process the $25 ticket. This alternative would require additional police staff time not already accounted for as it is with Environmental Health staff. P15 III. Page 4 of 4 PROPOSED MOTION: No motion is necessary at this time. CITY MANAGER COMMENTS: ATTACHMENTS: A – Sample notice of violation for opacity standard P16 III. Attachment A NOTICE OF VIOLATION July 25, 2016 Truck Company Name Street Address City, State zip code Dear Fleet Manager and/or Owner, On July 22, 2016, the City of Aspen, in cooperation with the Aspen Police, Colorado State Patrol and Port Authority, conducted a Heavy Duty Diesel Truck Check at the Maroon Creek roundabout. As part of the Truck Check, the Aspen Environmental Health & Sustainability Department conducted emissions checks to gauge the compliance with air quality regulations. Specifically, the level of smoke or opacity of the vehicles emissions was checked. Vehicles were selected by staff recently re-certified in visible opacity measurement. Once selected, vehicles were tested using the SAE J1667 method and a certified opacity meter. From this emission check, a vehicle owned by Truck Company, was found to be in noncompliance with Colorado law, 42-4-412 by having greater than a 40% opacity reading. Specifically, the vehicle was a water truck with VIN # and had a reading of 79.59%. VISIBLE AIR POLLUTANT: Colorado law, 42-4-412, makes it a violation “if the person causes or permits the emission into the atmosphere from…II) Any diesel-powered motor vehicle, of any visible air pollutant, as defined in section 25-7-103 (1.5), C.R.S., which creates an unreasonable nuisance or danger to the public health, safety, or welfare.” Emitting or causing to be emitted into the atmosphere from any diesel-powered motor vehicle of more than 14,000 pounds Gross Vehicle Weight Rating/Gross Combination Weight, operated above 7,000 feet (mean sea level) any air contaminant for a period greater than five (5) consecutive seconds, which is of such a shade or density as to obscure an observer’s vision to a degree in excess of 40% opacity is considered a nuisance. Therefore, you are hereby required to perform adjustments on this vehicle to bring it into compliance with the Colorado regulations and to notify the Aspen Environmental Health & Sustainability Department at 970-920-5069 when such adjustments have been completed. This letter constitutes a written warning of your violation. If you have any questions concerning this matter, you may contact the Aspen Environmental Health Department at 970-920-5069. Sincerely, Jannette Whitcomb, REHS Sr. Environmental Health Specialist City of Aspen P17 III.