Riverbend manager asked to recuse himself from SWAC

Land use -- Opponents vow to take the issue to state ethics commission
By David Sale As county officials weigh the merits of expanding Riverbend Landfill, and conduct an alternatives study, a fight is brewing on the county's Solid Waste Advisory Committee. Expansion opponents have requested that George Duvendack, manager of the landfill and a member of the SWAC, recuse himself from consideration of the alternatives study. The seven-member committee is appointed by the Board of Commissioners, and no more than two may hold waste disposal franchises from the county. (Besides Duvendack, commission member Joe Cook, the supervisor of Western Oregon Waste, also qualifies). The ordinance establishing the committee further states that "no franchisee shall vote on any matter in which the franchisee has a direct financial interest." Consulting firm Zia Engineering and Environmental Consultants will not present its findings for approval until Oct. 2, so such a vote has not actually occurred. Nor will it, noted County Commissioner Leslie Lewis: "SWAC is not a voting body, but an advisory one, and there are also members of it who've expressed their opposition to the expansion. It's up to the Board of Commissioners to review and approve the findings of this study." In fact, Commissioner Mary Stern previously recused herself from the expansion issue citing a potential conflict of interest (her husband is a W.O.W. manager). However, SWAC members have been working closely with Zia engineers on the course and progress of the study, and to landfill neighbor and expansion opponent Ramsey McPhillips the situation presents the appearance of a conflict of interest. "Duvendack is knowledgeable on the issues," he said, "but I don't think he should have the opportunity to direct the study toward his company's ends." Fellow expansion opponent Kris Bledsoe, a member of Friends of Yamhill County and a past candidate for the Board of Commissioners, voiced similar objections in a July 3 letter to the editor in this newspaper. McPhillips argues that as landfill manager, Duvendack may find himself beholden to the interests of Riverbend's corporate owners, Waste Management Inc., in what McPhillips describes as "probably the most important decision of the current (SWAC) board's tenure." Duvendack declined to comment, referring the issue to Waste Management spokeswoman Jackie Lang. Lang had not responded to a request for comment by press time. Bledsoe and McPhillips said they had taken the matter up with the Board of Commissioners, who had "punted," in McPhillip's words. Lewis explained that the law does not provide her with the authority to intervene: "It's up to individuals to determine if they have a conflict of interest - or for those who feel there is one to make their case at the state level." McPhillips and Bledsoe have expressed their intent to do exactly that, by referring the dispute to the Oregon Government Ethics Commission, which has the authority to require public disclosure of economic conflict of interest, if necessary through warrants and subpoenas in an investigative process. Zia Engineering and Environmental Consultants, which previously helped Lincoln City update its solid waste master plan, is undertaking a cost comparison and feasibility study of alternatives to expanding the current landfill. The alternative study includes incineration, alternative energy generation and out-of-county waste shipment, and cost $45,000. Waste Management's contract with Yamhill County runs through 2014, after which time the company states it will need to expand onto 109 adjacent acres, for which it filed a zone change and exemption in March. The expansion was recommended for denial by the county planning commission after considerable opposition testimony.