SOLID WASTE AUTHORITY BOARD REGULAR MEETING OCTOBER 10, :00 AM REVISED: 10/5/18

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1 SOLID WASTE AUTHORITY BOARD REGULAR MEETING OCTOBER 10, :00 AM REVISED: 10/5/18 SOLID WASTE AUTHORITY 7501 N. JOG ROAD, AUDITORIUM WEST PALM BEACH, FLORIDA CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE 2. AGENDA: Additions / Deletions Amendments: Item 9.A.1: Item 14: Amendments to the Rules of Governance [Replacement pages 12 and 34] Confirm New Meeting Date Tuesday, November 20, 2018 Special Meeting - Selection of Officers 3. MINUTES: August 29, 2018 [Regular Meeting] 4. MINUTES: Citizens Advisory Committee October 3, 2018 (R&F) 5. RECOMMENDED CONSENT AGENDA a. Sole Source Procurements Recommendation: CAC Recommendation: Receive and file. Support staff s recommendation. b. Environmental Crimes Unit Recommendation: CAC Recommendation: Receive and file. Support staff s recommendation. Page 1

2 Solid Waste Authority Board Meeting October 10, RECOMMENDED CONSENT AGENDA (continued) c. Renewal of Designated Facility Contract: Progressive Waste Solutions of Florida, Inc. (PWS) d/b/a Waste Connections of Florida facility known as Deerfield Beach Recycling and Transfer in Broward County, Florida Recommendation: CAC Recommendation: Authorize Executive Director to renew the contract allowing for the recycling of Palm Beach County construction and demolition (C/D) debris at the Deerfield Beach Recycling and Transfer facility in Broward County, Florida, effective through October 31, Support staff s recommendation. d. Property and Casualty Insurance Broker Services Contract Renewal Recommendation: CAC Recommendation: Authorize Executive Director to renew the agreement with Authority J. Gallagher Risk Management Services for an additional one-year term. Support staff s recommendation. 6. MATTERS BY THE PUBLIC Anyone wishing to address the Board should complete a Request Card furnished on the Agenda table. Upon completion, please pass to the Clerk BEFORE the beginning of the meeting. Thank you for your cooperation. 7. PUBLIC HEARING / WORKSHOP None. 8. OLD BUSINESS (POSTPONED ITEMS) 1. Request for Board Direction Concerning the Use of Authority Property Located at Benoist Farms Road for the Purposes of Establishing a Private Commercial Equine Waste Treatment Facility Recommendation: CAC Recommendation: Follow Board Direction. 5-2 vote opposing the establishment of an equine waste treatment facility on Authority property located at Benoist Farms Road. Page 2

3 Solid Waste Authority Board Meeting October 10, NEW BUSINESS A. EXECUTIVE DIRECTOR / MANAGING DIRECTOR (M. Hammond / D. Pellowitz) 1. Amendments to the Rules of Governance Recommendation: CAC Recommendation: Approve the Rules of Governance as amended and authorize the Chair to execute on behalf of the Board. Support staff s recommendation. B. LEGAL COUNSEL (Howard Falcon, Attorney) None. C. OPERATIONS, FIELD SERVICES AND UTILITIES (Mark Eyeington, Chief) None. D. CUSTOMER INFORMATION SERVICES (John Archambo, Director) 1. Interlocal Agreement Delivery of Municipal Solid Waste to Designated Facilities and for a Municipal Revenue Share Recycling Program Recommendation: CAC Recommendation: Approve the subject ILA with the City of Westlake and authorize Executive Director to execute individual ILA s with municipalities substantially in this form. Support staff s recommendation. E. ENGINEERING AND CONSTRUCTION SERVICES (Ramana Kari, Chief) 1. Amendment #4 to the Biosolids Processing Facility Operations and Maintenance Agreement between the Solid Waste Authority of Palm Beach County and New England Fertilizer Company Recommendation: CAC Recommendation: Authorize Executive Director to execute Amendment #4 to the Biosolids Processing Facility Operations and Maintenance Agreement between the Solid Waste Authority of Palm Beach County and New England Fertilizer Company extending the Term of the Agreement for an additional five (5) years in accordance with the same Terms and Conditions as provided for therein, subject to legal sufficiency approval by General Counsel. Support staff s recommendation. Page 3

4 Solid Waste Authority Board Meeting October 10, NEW BUSINESS (continued) F. PLANNING & ENVIRONMENTAL PROGRAMS (Mary Beth Morrison, Director) None. G. FINANCIAL MANAGEMENT SERVICES (Paul Dumars, Chief) None. 10. OTHER SCHEDULED MATTERS 11. COMMENTS BY GENERAL COUNSEL 12. COMMENTS BY AUTHORITY STAFF 13. COMMENTS BY THE BOARD Vice Mayor Mack Bernard, Chair Commissioner Dave Kerner, Vice Chair Commissioner Hal Valeche, Secretary Commissioner Paulette Burdick, Member Commissioner Steven Abrams, Member Commissioner Mary Lou Berger, Member Mayor Melissa McKinlay, Member 14. CONFIRMATION OF MEETING DATES Tuesday, November 20, 2018 at 11:15AM: Wednesday, December 12, 2018 at 9:00 AM: Special Meeting - Selection of Officers Palm Beach County Governmental Center Regular Meeting "If any interested person desires to appeal any decision made by the Board with respect to any matter considered at this meeting or hearing, such interested person will need a record of the proceedings, and for such purposes may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based." (F.S ) Page 4

25 SOLID WASTE AUTHORITY CITIZENS ADVISORY COMMITTEE OCTOBER 3, :30 P.M. PRESENT: Dee Sabers, Chair (At-Large) Lori Vinikoor, Vice Chair (District 5) Katie Hoffmaster (District 2) Ralph Moccia (District 3) Arnie Straus (District 4) Robbie Littles (District 7) [Arrived 1:50 PM] Barry Haberman (At-Large) ABSENT: Jenny Lee Laman (District 1) Tinu Peña (District 6) Byron Lasseter (At-Large) STAFF: Mark Hammond, Executive Director Dan Pellowitz, Managing Director Howard Falcon, Legal Counsel Mark Eyeington, Chief Operations Officer Paul Dumars, Chief Financial Officer Ramana Kari, Chief Engineer Phil Mugavero, Contracts Compliance John Archambo, CIS Director Mary Beth Morrison, Environmental Director Kathy Levas, Acting Clerk Chair, Dee Sabers, called the Citizens Advisory Committee meeting to order at 1:46 PM in the Solid Waste Authority s Education Center located at 6751 North Jog Road, West Palm Beach, Florida. ROLL CALL Acting Clerk called the roll and noted a quorum was present. PLEDGE TO THE FLAG Mr. Hammond led the Pledge of Allegiance to the flag. DOCUMENT REVIEW COMMITTEE MINUTES Mr. Straus commented that in Rule 3 (Regular Meeting), the day will be changed from the second to third Wednesday in August. Mr. Moccia did not believe a member could vote to approve minutes from a previous meeting if that member was not present at the previous meeting. Ms. Sabers wondered if that was when a member would recuse themselves from voting. CAC Meeting Minutes Page 1 of 7

26 Citizens Advisory Committee Meeting October 3, 2018 DOCUMENT REVIEW COMMITTEE MINUTES (continued) Mr. Mugavero clarified that a recusal is used when there is a conflict of interest which is when, under Florida Statute 112, Form 8B would need to be filed with the Florida State Committee on Ethics. Someone abstains from voting on minutes when they are not present. Mr. Pellowitz clarified for Mr. Haberman that Rule 13 states that if you are silent on a subject, your vote counts as an aye vote. If you are abstaining, you need to state that you are abstaining. Mr. Mugavero noted that if you are on the Dais, the law states you need to vote absent a recognizable conflict or if you have to abstain, for instance, because you were not present at the prior meeting. Mr. Pellowitz further clarified that if a member abstains, it is a non-vote. The onus is on the member to say that they are either abstaining or recusing themselves and to state the reason. Absent that, a silence is a yes vote. You have to give a legitimate reason for not voting. Ms. Sabers believed there was something in Robert s Rules regarding abstentions moving into the majority vote. She would like that checked. In response to Mr. Haberman, Mr. Mugavero stated that leaving a meeting so a motion does not get passed is prohibited by either Florida statute or ethical rules. He will bring back the answer to the Committee. Attorney Falcon informed that only the members of the sub-committee should be voting on the minutes from the document review meeting. Attorney Falcon explained for Mr. Littles that even though an item may have been discussed at a previous meeting when a member was absent, if it is brought up again at a subsequent meeting, it is considered a separate matter and can be voted on by all those present at the time. Mr. Haberman wanted to make sure that if one of the Rules and Procedures was broken, the other rules would still apply. Attorney Falcon stated the first step was to approve the minutes. The second step would be to have a discussion regarding the proposed changes by the sub-committee and to vote on those changes. MOTION BY MR. STRAUS TO ACCEPT THE DOCUMENT REVIEW COMMITTEE MINUTES FROM AUGUST 22, 2018, AS PRESENTED. SECONDED BY MR. MOCCIA AND CARRIED WITH A 2-0 VOTE (Ms. Peña absent). CAC MINUTES Ms. Vinikoor wanted to clarify that she was against including the ordinance on the vegetation pick up and not the sixcubic yard vegetation limit. She did not want an ordinance created that would make vegetation pick up more stringent. Mr. Moccia pointed out that revising the existing ordinance was discussed at the CAC meeting but was not a part of the motion. MOTION BY MS. VINIKOOR TO ACCEPT THE CAC MINUTES FROM AUGUST 22, 2018, AS PRESENTED. SECONDED BY MR. MOCCIA AND CARRIED WITH A 6-0 VOTE (Mr. Haberman abstained; Ms. Laman, Ms. Peña, and Mr. Lasseter absent). CONSENT AGENDA Item 5.a Sole Source Procurements Item 5.b Environmental Crimes Unit CAC Meeting Minutes Page 2 of 7

27 Citizens Advisory Committee Meeting October 3, 2018 CONSENT AGENDA (continued) Item 5.c Item 5.d Renewal of Designated Facility Contract: Progressive Waste Solutions of Florida, Inc. (PWS) d/b/a Waste Connections of Florida facility known as Deerfield Beach Recycling and Transfer in Broward County, Florida Property and Casualty Insurance Broker Services Contract Renewal Ms. Vinikoor asked if bids were obtained for the Property and Casualty Insurance Broker Services and if this contract was in line with the other bids received. Mr. Pellowitz confirmed that an RFP was done (Request for Proposals). These are commission free agreements. Mr. Hammond explained the contract was approved for an initial period of time with the Board authorizing one-year renewals up to three years. MOTION BY MS. VINIKOOR SUPPORTING THE CONSENT AGENDA [Receive and file.]. SECONDED BY MS. HOFFMASTER AND CARRIED WITH A 7-0 VOTE (Ms. Laman, Ms. Peña, and Mr. Lasseter absent). OLD BUSINESS (POSTPONED ITEMS) Item 8.1 Request for Board Direction Concerning the Use of Authority Property Located at Benoist Farms Road for the Purposes of Establishing a Private Commercial Equine Waste Treatment Facility Mr. Kari mentioned the issue of equestrian waste in the western communities including Wellington and Loxahatchee. The Solid Waste Authority has received phone calls and s from several private companies with regard to this issue. The latest company to contact the Authority was Horizon 880 with a proposal to lease a parcel of land that the Authority owns just north of Southern off Benoist Farms Road. A market study was done last year on an adjacent parcel which was valued at approximately $14,000 an acre. Seeking Board direction. Ms. Sabers pointed out that Mayor McKinlay was going to obtain more information from the equestrian community. In the meantime, Ms. Sabers has looked at this site and does not believe it is a good idea to put equine waste there without knowing how it will be contained. Odor would be a problem. This facility should be closer to the equestrian community. It is not in the best interests of the surrounding area. Ms. Sabers recommended that another location be found for this facility. Mr. Moccia said the facility has not gone through Zoning and Planning yet. Mr. Hammond said that staff, as well as Horizon 880, was trying to determine if there is any interest on the part of the Board to pursue this. Mr. Moccia mentioned the $70,000 per year lease revenue. Mr. Hammond replied that it was not a pristine piece of property. Mr. Hammond said that the facility would need to go through a permitting process. Since the 1990s, there has been talk of coming up with some type of facility to handle equine waste. Mr. Hammond confirmed for Ms. Hoffmaster that there would be an opportunity to change the decision based on the results of the environmental surveys. Ms. Hoffmaster questioned what the facility would be like and if it was open air. CAC Meeting Minutes Page 3 of 7

28 Citizens Advisory Committee Meeting October 3, 2018 OLD BUSINESS (POSTPONED ITEMS) (continued) Mr. Hammond stated that only very preliminary plans had been submitted. Mr. Littles was concerned with there being schools and residential property in the general area. He felt the consensus of the Committee should be expressed at this time. Ms. Vinikoor suggested that staff look into the appraisal as it seemed low for the value. This facility will be the only one of its kind in the country and will be setting a standard for the industry. This facility could generate income well above a concrete recycling facility such as the existing DS Eakins facility also on that property. Mr. Kari explained that the Authority was only looking at the lease terms. Ms. Vinikoor felt it would be good to know more about the process. Ms. Hoffmaster believed the company should be able to do an analysis to make a better case as to the lease. Ms. Sabers mentioned the environmental concerns. Ms. Vinikoor added that it was only in the EAA agricultural protection area that this was allowed; however, recent County Zoning changes made it so that this particular use is not allowed in the agricultural protection area or the agricultural reserve. Ms. Morrison stated that without knowing the full extent of the facility operations it was hard to assess the environmental impact. MOTION BY MR. LITTLES OPPOSING THE ESTABLISHMENT OF AN EQUINE WASTE TREATMENT FACILITY ON AUTHORITY PROPERTY LOCATED AT BENOIST FARMS ROAD. SECONDED BY MR. MOCCIA AND CARRIED WITH A 5-2 VOTE (Ms. Hoffmaster and Ms. Vinikoor voting NO; Ms. Laman, Ms. Peña, and Mr. Lasseter absent). NEW BUSINESS Item 9.A.1 Amendments to the Rules of Governance Mr. Hammond noted that the Rules of Governance for the SWA Board have been amended to coincide more closely with the County s rules. Attorney Falcon added that it would be easier for the SWA Rules of Governance to be consistent with the Board of County Commission s Rules of Governance. The Board would be adopting what they already do downtown. Mr. Littles wanted to know if a comment card would be accepted if it was turned in after the meeting had begun. Attorney Falcon observed that, if adopted, these would be the Rules of Governance for the Solid Waste Authority Board. Mr. Hammond included that the Chair has discretion to allow somebody to submit a card after the fact. They typically allow someone who comes in late to submit a card. MOTION BY MR. MOCCIA SUPPORTING STAFF S RECOMMENDATION [Approve the Rules of Governance as amended and authorize the Chair to execute on behalf of the Board.]. SECONDED BY MS. VINIKOOR AND CARRIED WITH A 7-0 VOTE (Ms. Laman, Ms. Peña, and Mr. Lasseter absent). CAC Meeting Minutes Page 4 of 7

29 Citizens Advisory Committee Meeting October 3, 2018 NEW BUSINESS (continued) Item 9.D.1 Interlocal Agreement Delivery of Municipal Solid Waste to Designated Facilities and for a Municipal Revenue Share Recycling Program Mr. Archambo summarized that there are existing ILAs with 38 of Palm Beach County s 39 cities and this would now include Westlake. MOTION BY MS. HOFFMASTER SUPPORTING STAFF S RECOMMENDATION [Approve the subject ILA with the City of Westlake and authorize the Executive Director to execute individual ILAs with other municipalities with substantially unchanged terms and conditions as necessary.]. SECONDED BY MS. VINIKOOR AND CARRIED WITH A 7-0 VOTE (Ms. Laman, Ms. Peña, and Mr. Lasseter absent). Item 9.E.1 Amendment #4 to the Biosolids Processing Facility Operations and Maintenance Agreement between the Solid Waste Authority of Palm Beach County and New England Fertilizer Company Mr. Kari explained that NEFCO has been operating the Biosolids Processing Facility since August 2009 and their contract is up for renewal next year which includes two five-year extensions to the contract. MOTION BY MS. HOFFMASTER SUPPORTING STAFF S RECOMMENDATION [Authorize Executive Director to execute Amendment #4 to the Biosolids Processing Facility Operations and Maintenance Agreement between the Solid Waste Authority of Palm Beach County and New England Fertilizer Company extending the Term of the Agreement for an additional five (5) years in accordance with the same Terms and Conditions as provided for therein, subject to legal sufficiency approval by General Counsel.]. SECONDED BY MR. HABERMAN AND CARRIED WITH A 7-0 VOTE (Ms. Laman, Ms. Peña, and Mr. Lasseter absent). COMMENTS BY COMMITTEE MEMBERS Barry Haberman: Expressed his concerns regarding the size of the new containers to be used for automated service. Mr. Archambo assured Mr. Haberman that the Solid Waste Authority was working closely with its service area representatives and the communities to determine which size works best for the majority of the people in the community. Ralph Moccia: Applause for Mr. Hammond on his upcoming retirement. DISCUSSION OF OTHER MATTERS CAC RULES AND PROCEDURES With regard to not being present at a previous meeting, Ms. Vinikoor believed that a member had to vote unless there was a conflict and this would include voting on the minutes as well. Minutes reflect the business that occurred at the previous meeting. Anyone reading those minutes should understand what business went on and must vote on accepting the minutes. Attorney Falcon will look into the issue further and bring it back to the Committee. Whether present at the previous meeting or not, voting on minutes is a practical matter. Minutes are voted on as a matter of course. Mr. Mugavero maintained the reason it was important that somebody have personal knowledge of what transpired at the previous meeting in order to approve the minutes was that these minutes become a public record, and they have to be accurate. The law does not require that you go back and watch the tape. Mr. Littles wondered if the CAC was held to the same law and standard that elected officials are held to. Mr. Mugavero confirmed for Mr. Littles that all are held to the same standard with regard to the Sunshine Law and public records. CAC Meeting Minutes Page 5 of 7

30 DISCUSSION OF OTHER MATTERS CAC RULES AND PROCEDURES (continued) Mr. Haberman brought up the rule addressing the issue of missed meetings. Citizens Advisory Committee Meeting October 3, 2018 Mr. Moccia explained that the CAC has the authority to discuss whether or not to recommend removal of a member for missed meetings. Attorney Falcon pointed out that should a circumstance arise that is not covered by the CAC Rules and Procedures, the Rules of the Governing Board could apply. MOTION BY MR. MOCCIA TO APPROVE THE CAC RULES AND PROCEDURES AS AMENDED. SECONDED BY MR. STRAUS. MOTION FAILED WITH A 5-2 VOTE. (Mr. Littles and Mr. Haberman voting NO; Ms. Laman, Ms. Peña, and Mr. Lasseter absent). [Note: Rules and Procedures must be approved with a unanimous vote.] CONFIRMATION OF NEXT MEETING: December 5, 2018 MEETING ADJOURNED: 3:23 PM ATTEST: Dee Sabers, Chair Kathleen A. Levas, Acting Authority Clerk CAC Meeting Minutes Page 6 of 7

31 Citizens Advisory Committee Meeting October 3, 2018 MEMBER DIST. 02/ / / / /2018 ABSENT J. Laman #1 A A P P A 3 K. Hoffmaster #2 P A A P P 2 R. Moccia #3 P P P P P 0 A. Straus #4 P P P P P 0 L. Vinikoor #5 P P P P P 0 T. Peña #6 P A P P A 2 R. Littles #7 Open P P P P 0 B. Lasseter AL P P P P A 1 OPEN AL Open Open Open Open Open - D. Sabers AL P P P P P 0 B. Haberman AL A A P A P 3 Next scheduled meeting: December 5, 2018 CAC Meeting Minutes Page 7 of 7

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