La Cygne, Pleasanton still to resolve compactor issues

By Charlene Sims, info@linncountyjournal.com

MOUND CITY – Only two cities/lake developments were represented at the meeting called by the Linn County Commissioners on Tuesday, Nov. 12, to discuss the operations of the compactor sites. 

Most of the other cities signed their contracts without adding or changing anything, or they plan to send representatives to discuss their concerns later. The cities of La Cygne and Pleasanton plan on sending representatives later.

Blue Mound Mayor Russell Beth and Les Warner, the president of the Tanglewood homeowner’s association (HOA), did attend. 

Commission Chair Danny McCullough started out by explaining that the meeting was about updating compactor site contracts with the cities and lake developments that had compactors. He pointed out that the last contracts that were agreed on were from 1986.

McCullough explained that since he had been on the board of commissioners that compactor sites had wanted to make changes to their location and hours. Because they were licensed through the county, the county had to be the contact with the state when these changes were made.

Public Works Director Shaun West agreed and said that the overall concern for the county was to have current agreements are not 20 years old with those agreements being germane to what the compactor sites are doing daily.

“As far as licensing, it doesn’t affect anyone but the county,” said West. “But what happens is we have employees at each one of those locations that are cities or homeowner associations (HOA). Some of the HOAs, or most of the HOAs do not have full-time employees at those sites, so they are unmanned sites.

“The cities have employees that are responsible to them at those sites, and when we have complaints from inspections that the site is developing trash at it, or that were collecting rubbish or refuge for the purpose of recycling or maintaining or keeping it other than is what’s on the license, that becomes a problem for the county. And then it becomes a problem because the county has no control over an employee that is not theirs.”

“Because the only thing we do is pick up the dumpsters, right?” asked McCullough.

West said that the new contracts would allow the cities to have buy-in on the hours of operation and how employees are trained. He said that the state had recommended that the cities be placed first on the license but that the county would also be on the license. 

West told the commissioners that this has caused some concern with the cities because environmental and Kansas Department of Health and Environment (KDHE) regulations are concerned about every drop of oil that is spilled on the ground.

West told the commissioners that while he had worked there there have been no violations that have caused concerns with KDHE or the Occupational Safety and Health Administration (OSHA). 

West said that he understood the concerns that the cities felt about being responsible for possible spills at the sites, but he did not feel that it gave the city any more liability in that situation because the state has asked that the county be the secondary on the license.

West said that setting the license up that way allowed the state to work with the cities on the sites and talk with city representatives about what their operators can do. That way, the cities and HOAs can work with their employees on just what violations are common.

He said if there was violation above and beyond a chemical spill or an issue of any kind, that is why the state wants the county to stay on the license. The county is the one that pays the Lake Region Solid Waste Authority (LRSWA) to come up with the operational plan for the county that is submitted to the state.

West stressed that the intention behind having the cities and HOAs apply for their own licenses is not to dump financial burden or liability from a hazard onto a city or an HOA. The purpose is to give the HOAs and the cities the means to do things and control employees at their site.

West said that the county is going to pay for the license and the cost for the operational plan through the LRSWA. He said that on the first round of applications he will assist each location with the application.

McCullough added that the county would continue to provide the crushing equipment, the dumpsters and hauling the dumpsters off each time they are full.

Commissioner Jim Johnson said the cities and HOAs are going to be responsible for their buildings and their location.

West said that the county was also still paying the utilities and the bills at the site as well.

Beth told the commissioners that the Blue Mound City Council said that they would like to have KDHE inspect the site and clear it before the city takes it over. 

Beth pointed out that there were some discrepancies between the county’s operating plan and the LRSWA plan. He said that the county’s plan said that dead small animals could be disposed of if double bagged but the LRSWA plan said that was not allowed. He said that the county plan needed to be updated to meet the regulations of the LRSWA. He said that the two documents needed to be aligned as the process moves forward.

Beth said that the council just wanted to know where it was starting from and where it was going. The council just wants a clean slate when they start the change.

McCullough explained that West had a lot on his plate.

“I listen to your meetings, and I get frustrated in my own mind thinking how can you guys expect that much out of one man,” Beth said, adding that commissioners redundant questions from one week to the next over the same thing.”

Beth said he would back down on the KDHE inspection as long as the county’s name also appeared on the license. He will talk with the city council about this at the next meeting.

West reiterated that the county’s intention was that each location could dictate their own hours, employee policies and cleanliness at their sites.

Warner pointed out that the Tanglewood HOA does pay for its electricity.

West clarified that the HOAs own their own equipment and pay for the servicing also. The only thing they do not pay for is hauling off of the trash.

“Basically they’ve got that there, but I can’t use it, you know, at an HOA, and I can use the ones in other cities,” Johnson said. “The way I see that is for you guys is, you guys have that you chose to have it in your HOA.

“I can’t use it, you know, but if I choose to take my trash to Pleasanton or Blue Mound, I can still use it because its county owned. With you guys in your HOAs you chose to have it in there. I know, but that’s my side of it. 

In separate phone conversations with La Cygne City Clerk Jodi Wade and Pleasanton Administrator Becky Hegwald, they both indicated that their city council members still had questions about the new agreements. Both said that their cities would be represented at the Monday, Nov. 25, meeting to address those questions.

Wade said that her first thought about the agreement was that nothing was broke, so she wasn’t sure what commissioners were trying to fix.

One concern that Wade mentioned was that it cost the city taxpayers more mills to levy for the employee costs at the compactor than it would cost the county to levy for the employee salary and benefits. She said that the council was always watching where the tax dollars were spent.