Landfill merger raises more questions than answers

7 years ago

CARIBOU, Maine — The recent announcement of the merger of Fort Fairfield’s Tri-Community Landfill and Presque Isle’s landfill is proving to be a controversial decision to Caribou officials.

The merger agreement, which will affect nearly 40 communities in Aroostook County, is on track for finalization on Jan 1, 2018. The architects of the agreement say it will extend the TCL’s lifespan which, according to their website, would end in roughly 25 years.

As of late June, the TCL issued a non-binding letter of intent to Presque Isle. However, Caribou City Council had a number of questions for Tri-Community Landfill Solid Waste Director Mark Draper that he was unable to answer due to the early phase of discussions.

Mayor Gary Aiken asked Draper if he could share the benefits and drawbacks of the merger, adding that most organizations typically produce a list of “pros and cons” for these types of endeavors.

Draper said several aspects of the agreement need “to be kept confidential at this time,” as if “two businesses were negotiating,” and that there is currently “not a lot of specific information” that he can share.

Tri-Community Landfill Solid Waste Director Mark Draper spoke to council for roughly an hour on Monday, June 26 about a potential merger of Fort Fairfield’s Tri-Community Landfill and Presque Isle’s landfill. (Christopher Bouchard)

The Solid Waste Director said on June 30 that private discussions are protected under MRSA §405, the same statute that municipalities use while in executive session. TCL’s status as a quasi-municipal entity, according to Draper, grants them the ability to privately discuss terms of the agreement. The letter of intent, however, is publicly available and outlines the current stage of the agreement.

Draper then outlined four major goals the Tri-Community Landfill set out to achieve with the merger: the agreement cannot cost the current landfill owners more money, that TCL owners can take advantage of the value their landfill has already created, for Presque Isle to help with “downside risks” and be able to both “take advantage of the good times and get through the bad times,” and the fourth goal of “establishing interlocal collaborations between communities.”

Aiken was more concerned with Draper’s first statement about confidentiality and asked him to clarify that “this is a confidential deal and can’t be public” despite the fact that “we’re dealing with public entities.”

Draper said the confidentiality relates more to both entities being competitors, with their own employees and customers and that, through this agreement, they are making an effort to “avoid partial information getting out there.“

Draper later clarified that he is unable to answer many specific questions, because the negotiators have yet to work out specific details at this point.

Presque Isle and Caribou will have two votes on the board of directors if the agreement goes as planned, with Limestone and Fort Fairfield having one vote.

“We’re considering changes to the interlocal agreement so certain decisions would create a circumstance where no one community has complete control over the organization,” Draper said. “It not only makes Caribou more comfortable, but also Limestone and Fort Fairfield.

Council also discussed the possibility of one landfill being suspended in the future, resulting in certain communities being forced to transport their garbage several miles further than usual.

Aiken asked Draper if the organizers would potentially consolidate operations into one landfill or if they would use both. Draper said it’s a detail that “hasn’t been established yet.”

Councilor David Martin asked what would happen to local residents who haul their own garbage to the landfill.

“As we envision it,” Draper said, “there won’t be any changes, assuming the operation stays in Fort Fairfield.”

“I envision a lot of garbage along the fields,” Martin responded, “if you close Fort Fairfield and people have to travel an extra 40 miles.”

Draper said the Fort Fairfield operation will continue for the “foreseeable future,” adding that there are a number of alternatives to accommodate residents if operations cease, such as a public or privately owned transfer stations. Draper added that the negotiators have yet to work out those particular details.

Over the course of a nearly hour-long dialogue between the council and Draper, city officials agreed that they need to have more information, including concrete financial projections, minutes from the meetings between Presque Isle and the Tri-Community Landfill board, with Aiken specifically requesting a copy of “everything that was discussed with Presque Isle.”

“As I said when we started this, I don’t know a lot about landfills, but I’m going to know a hell of a lot more by the end of this year,” Aiken said.

“Excluding our current discussion,” Draper said, “if you don’t know what’s going on, it means we’re doing our job well.”

The Solid Waste Director later added that future information “will be forthcoming.”