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r- Mr. Sakuda advised that the Home Builders' Association believes in recycling and green building, and they support the ordinances, but they want to preserve their right to choose how they will meet those requirements. Pat Costanzo, Greenbriar Homes, 7901 Stoneridge Drive, Suite 504, noted that he is concerned about the PGS franchise creating a monopoly. He noted that the burden of proof with regard to compliance with the requirements should be placed on PGS. He advised that he does not have figures that compare the costs of recycling with projects outside of Pleasant on, but they could compile that information. He noted that he feels the home building industry supports these type of ordinances, but they want them to be fair and economical. THE PUBLIC HEARING WAS CLOSED Commissioner Sullivan reiterated that he feels staff has done an excellent job with bringing this forward. He noted that he feels the basis of the ordinance is very good and that there is a good mechanism for tracking the developers' performance. He stated that he is a little concerned as to whether the threshold levels are appropriate, but he would support Ms. Maier's comment that this is the first step. He advised that he feels the Waste Management Authority has done a good job to get the City to this point and he wants to endorse the ordinance. He noted that the issues he has with the ordinance revolve around what really happens to the waste and how much it really costs for developers and individuals to dispose of it, as well as the ability to document that it really does get recycled. He stated that it sounds like other cities have been successful in renegotiating contracts and he would suggest passing State fines on to PGS in an attempt to get them to discuss the possible renegotiation of the contract. r- Chairperson Maas suggested that the Commission send the ordinance on to Council since they have the direct power to have the City attorneys approach PGS regarding renegotiate of the agreement with regard to the construction and demolition issues. Commissioner Kameny stated that he would concur with the recommendation. Chairperson Maas noted that she cannot totally support the ordinance because of the reasons noted by Commissioner Sullivan. Commissioner Kameny suggested continuing the item to allow the opportunity to renegotiate the C&D provisions with PGS. Commissioner Roberts suggested that the Planning Commission recommend adoption of the ordinance with an additional recommendation that the City Council separate the C&D from the rest of the franchise and renegotiate that part to the best of staff s ability. Commissioner Sullivan suggested including some elements of free market competition that would give the developers and the community options. Commissioner Arkin asked if staff could look into the potential of renegotiating prior to the Council reviewing the ordinance. Mr. Fialho stated that they would attempt that. He also stated that staff has tried in the past to reopen this provision and it has not worked for a variety of different reasons. He noted that the staff report to Council would be very clear that while the Planning Commission is supporting the ordinance, it would like to see the C&D provision opened to allow free competition in the City of Pleasant on. r March 27, 2002 Page 9 PLANNING COMMISSION MINUTES