Continued Operation of Ulster County Resource Recovery Agency
The Ulster County Resource Recovery Agency is set to continue its operations without a formal contract with the county for at least another month. This decision comes after members of the Legislature’s Energy, Environment and Sustainability Committee postponed action on a resolution that would authorize the chairman of the Legislature to enter into a service agreement with the agency.
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The main point of contention in the discussion was a provision that would grant the agency fiscal autonomy by removing the requirement that the Legislature approve any agency bonding exceeding $500,000. The proposed amendment would allow the agency to bond up to $40 million through a simple vote of the agency’s board without needing input from the Legislature. For bonds exceeding $40 million, the amendment would require the agency to provide the Legislature with a 30-day notice of its intent to borrow, allowing lawmakers to weigh in on the proposed borrowing. If the Legislature voted to oppose the bond, the agency would be required to pass the bonding resolution by a supermajority vote of the board instead of a simple majority.
Committee members raised concerns about the necessity of eliminating the cap, which they believed had served both the county and the agency well in the past. They questioned whether this change would truly benefit the community or if it might lead to financial risks.
Agency officials have argued that the cap is illegal. Marc Rider, the agency’s executive, has stated that he would not sign a new service agreement that includes a cap on the agency’s bonding authority. This stance has led to further debate over the future of the relationship between the agency and the county.
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Legislator Kathy Nolan, representing Shandaken, expressed her concerns, stating, “Our belief that we could (impose a cap) may have been illusory, but these amendments also seem to be illusory in terms of giving the Legislature any meaningful role here.” She called a service agreement without a bonding cap “unacceptable.”
Similarly, Legislator Manna Jo Greene, representing Rosendale, agreed with the need for a bond cap. She emphasized the importance of maintaining a relationship between the agency, which manages waste in the county, and the Legislature, which should have the authority to approve any significant bonding decisions.
Since 1992, the agency and county have operated under a series of agreements that outline their respective responsibilities. Earlier contracts included a $40 million cap on the agency’s bonding authority. However, in 2015, this cap was reduced to $500,000.
On March 18, lawmakers approved a one-time increase in the bonding limit to $10 million to support the development of a reuse innovation center. This move highlights the ongoing efforts to balance fiscal responsibility with the need for infrastructure and environmental initiatives.
The continued operation of the agency without a contract underscores the complexity of the relationship between local government entities and the need for clear, transparent agreements that serve the best interests of the community. As discussions continue, the focus remains on ensuring that the agency can effectively manage waste while maintaining accountability to the residents of Ulster County.