BOARD OF COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA SOLID WASTE DISPOSAL DISTRICT MEETING MINUTES TUESDAY, DECEMBER 16, 2014 County Commission Chamber Indian River County Administration Complex 1801 27 th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COMMISSIONERS DISTRICT Peter D. O Bryan, Chairman District 4 Present Michael Zito, Assistant County Present Administrator Wesley S. Davis, Vice Chairman District 1 Present Dylan Reingold, County Attorney Present Joseph E. Flescher District 2 Present Jeffrey R. Smith, Clerk of the Circuit Bob Solari District 5 Present Court and Comptroller Present Tim Zorc District 3 Present Maureen Gelfo, Deputy Clerk Present DVD TIMES 15. 3:27 p.m. 3:27 p.m. SPECIAL DISTRICTS AND BOARDS CALL TO ORDER 3:30 p.m. PACKET PAGE B. Solid Waste Disposal District 1. Approval of Minutes Meeting of October 21, 2014 2. Approval of Minutes Meeting of November 4, 2014 ON MOTION by Vice Chairman Solari, SECONDED by Commissioner O Bryan, the Board unanimously approved the minutes of October 21, 2014 and November 4, 2014, as written. 3. Request to Issue the Solid Waste & Recyclables Collection Services RFP #2015023 (memorandum dated December 5, 2014) 203-205 Director of Utility Services Vincent Burke gave a PowerPoint Presentation on the proposed Request for Proposal (RFP) for Solid Waste and Recyclables Collection services. He stated that the RFP proposes to realign the solid waste and recycling service areas into a South Franchise Area and a North Franchise Area, with an option to service the entire County. He provided description and analysis on residential and commercial service options, and mentioned that wheeled tote Solid Waste Disposal District Page 1
bins (carts) for trash and recycling would either be purchased by the County or the franchisee. He reported that the RFP will be released on January 6, 2015; proposals are due on February 20, 2015; the current contracts with Republic Services of Florida, L.P. d/b/a/ Treasure Coast Refuse, and Waste Management Inc. of Florida expire on September 30, 2015; and the new contract term is proposed to be October 1, 2015 through September 30, 2022. He described the selection criteria that will be used to evaluate the bid proposals, and asked the Board to authorize staff to proceed with the RFP. Commissioner Zorc wondered about incorporating some type of reference in the RFP about vendors using Compressed Natural Gas (CNG) vehicles. During a lengthy discussion, with input from staff and Mitch Kessler, Kessler Consulting, Inc., it was stressed that the infrastructure for fueling natural gas is not in place, and thus, natural gas vehicles should not be factored into the bid document. Discussion ensued about the County eventually transitioning to a mixed waste processing (MWP) facility, which would preclude the expense for the single-stream carts. Commissioner O Bryan wanted to obtain more information on the County going to a MWP system, before the new franchise agreements begin in October 2015. Director Burke explained that the points in the evaluation criteria for the vendor s Financial Proposal has been increased from 50 to 65 points, and asked the Board to approve the change along with staff s recommendation. MOTION WAS MADE by Commissioner O Bryan, SECONDED by Vice Chairman Solari, to approve the issuance of the Solid Waste & Collection Services RFP No. 2015023, with the amendment to the evaluation criteria, raising the evaluation points from 50 to 65 for a vendor s Financial Proposal. Bill Rigby, 8465 59 th Avenue, and Ardra Rigby, 8465 59 th Avenue, referred to meetings in April 2009, at which the Board had considered the possibility of opening up a third franchise agreement in the Enterprise Zone. The Rigby s stated that the Board had neglected to place the Enterprise Zone area back into the franchise agreements. Solid Waste Disposal District Page 2
Discussion ensued, during which it was clarified that in 2009, no new franchise area was created and no modifications were made to the existing franchise areas that were in place at that time. The Chairman CALLED THE QUESTION and the Motion carried unanimously. ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Flescher, the Board unanimously directed staff to undertake a feasibility study regarding a Mixed Waste Processing (MWP) facility in Indian River County, including exploring the availability of public/private partnerships to help with financing, with the goal of moving the County towards achieving the State s 75% recycling goal by 2020. 4:01 p.m. 4. Request for General Funds PACE Project and Other Community Project FY2014-15 (memorandum dated December 5, 2014) 206-208 ON MOTION by Commissioner O Bryan, SECONDED by Commissioner Flescher, the Board unanimously authorized up to $6,000.00 to be donated from the General Fund Reserve for Contingencies, for the sole purpose of paying associated landfill fees, to various Protocol for Assessing Community Excellence (PACE) and/or illegal dumping (cleanup) projects. 9:05 a.m. 5. Update on the Closure of the Winter Beach Customer Convenience Center (memorandum dated December 5, 2014) 209-213 (Clerk s Note: This item was heard following Item 9.A, and is placed here for continuity). Chairman Davis said that today s meeting will provide background on the Board s 3-2 vote on September 23, 2014 to close the Winter Beach Customer Convenience Center (CCC), and a chance for public input. He then explained the protocol for this portion of the meeting. Director of Utility Services Vincent Burke reviewed his memorandum of December 5, 2014, to present background and analysis on the recommendations in Neel-Schaffer s 2014 Solid Waste Master Plan (SWMP) (discussed at the May 13, 2014, June 3, 2014, and July 15, 2014 County Commission meetings), and staff s recommendation on September 23, 2014, to close the Winter Beach Customer Convenience Center. He reported that on September 23, 2014, by a 3-2 vote, the Board had approved the closure of the facility by December 31, 2014; and on November 4, 2014, the Board, by Solid Waste Disposal District Page 3
a 3-2 vote, had approved to delay the closure until January 5, 2015. Director Burke discussed the high cost of operating the CCC s and said that it was not cost effective to keep the Winter Beach CCC open, because it has the lowest tonnage of trash and recyclables compared to the other CCC s. He added that the County s contract with Republic Services (who services the landfill and CCC s) has been reduced annually by $250,000 as a result of the intended closure. Director Burke also stressed the need to implement strategies to meet the State s goal of having 75% of all trash recycled by the year 2020. Director of Management and Budget Jason Brown gave a PowerPoint Presentation on the SWDD s financial history from Fiscal Year 2006-2007 through 2013-2014, disclosing that total revenues have declined substantially over the last five years. He noted that the cost for doing necessary CCC improvements over a five-year period would lead to an increase in assessment rates. Director Burke noted that all customers receive free recycling and that the cost for curbside garbage collection is approximately $3.65 per week. He thereafter gave further analysis on staff s recommendation that the Board maintain its 3-2 decision to close the Winter Beach CCC on January 5, 2014. Commissioner Flescher advocated keeping the Winter Beach CCC open. He was concerned that residents would have to drive farther to dispose of their waste, and that there needs to be a convenient area to dispose of hazardous items. He felt that limiting the public s access to recycling and proper waste management was not the way to increase recycling volumes. Commissioner Zorc spoke about the low recycling rate at the Winter Beach CCC; the need for a traffic impact study at the Gifford CCC (to accommodate cars coming from Winter Beach); Hartford, Vermont s successful recycling program; and the possibility of going to a Mixed Waste Processing (MWP) system. Mitch Kessler, Kessler Consulting, described the Emerald Coast Utilities Authority (ECUA) processing facility in Alabama, where the recyclables are diverted out from the regular garbage. He advised that the equipment for such a facility varies between $10 million and $15 million. Solid Waste Disposal District Page 4
Vice Chairman Solari stressed the importance of the County making a good faith effort towards attaining the 75% recycling goal, and said that a combination of strategies will have to be employed. He did not see how the CCC s could remain open without increasing taxpayer costs, and felt that it was one step of many in the process of moving forward. Chairman Davis did not see how closing one or more CCC s, and/or going to single-stream recycling, could lead to the 75% recycling goal. He envisioned that the MWP is the only option that would edge the County closer to the State s mandate. Commissioner Zorc was interested in exploring public/private partnerships to help with financing a MWP facility, and said he could envision keeping the CCC s open. Mr. Kessler stated that the County currently lacks the infrastructure to accomplish the State s objective, and agreed that public/private partnerships for the MWP should be explored. Commissioner O Bryan advocated moving forward with the MWP facility, but did not sanction keeping open the CCC s, which he deemed inefficient and costly. Commissioner Zorc posed the possibility of imposing a sticker/decal fee for residents who like the convenience and want to keep the CCC s open. A brief discussion ensued between Commissioner Flescher and Mr. Kessler, during which it was stressed that closing the Winter Beach CCC (or other CCC s) would not significantly increase recycling. Discussion ensued about the need in the community for a strong outreach/education effort on recycling. The Chairman called a recess at 11:02 a.m., and reconvened the meeting at 11:15 a.m., with all members present. The Chairman invited public input. The public provided detailed comments opposing the closure of the Winter Beach CCC. Arguments included the possibility of illegal dumping; inconvenience; objections to paying for curbside service or extra gas to commute to another facility; the need for public education on recycling Solid Waste Disposal District Page 5
and the possibility of using the CCC s for that purpose; traffic congestion at the other CCC s from Winter Beach customers; yard waste accumulating; and doubt that closing the facility would increase recycling volumes. Other topics brought up included the possibility of paying an increased fee or tax to use the CCC s; imposing higher fines for illegal dumping; and transitioning to the MWP to increase recycling volumes. All of the speakers urged the Board to keep the Winter Beach CCC open. PUBLIC SPEAKERS: Lawrence Labadie, 3566 Marsha Lane Reverend McIntosh, 6485 86 th Lane Joseph Paladin, President, Black Swan Consulting and Entitlements, LLC; Atlantic Coast Construction and Development John Lambert, 4196 79 th Street, President Homeowners Association, Hobart Landing John Binkley, 6475 53 rd Circle Larry Brown, 5190 65 th Street Scott Davis, President Homeowners Association High Pines Subdivision Bob Perry, 5613 93 rd Street Frank Thomas, Copelands Landing Cono Cioffi, 5565 East Harbor Village Drive Rodney Walker, 6476 51 st Avenue Pat Mills, 4655 87 th Street Patricia Hunt Caleb Sparrow, 68th Place Freddie Woolfork, 4590 57 th Avenue Skip Davis, 2230 52 nd Avenue Gordon Michael, 2655 69 th Street Gail Hogan, 2150 North Maiden Lane Rick Herndon, 111 Redgrave Drive Ardra Rigby, President, Wabasso Progressive Civic League Glen Walker, 4308 60 th Avenue Bill Donelson, 3545 Marthas Lane, Board Member Hobarts Landing Homeowners Association Marty Pegelow, 2017 East Lakeview Drive Mark Mears, 6785 51 st Avenue Joe Schwab, 6630 46 th Drive, Crystal Falls Jack Pennell Carlene Bell, Winter Beach Steve Harp, 4896 65 th Street Solid Waste Disposal District Page 6
Jennifer Hawthorne, 5035 Fairways Circle, disclosed that recycling was not offered at her condominium, and SWDD Managing Director Himanshu Mehta said he would look into it. Catherine Sullivan, 5898 62 nd Lane requested that an educational program on recycling be presented at Kings Lake Subdivision; Director Mehta asked her to contact him regarding her request. There were no additional speakers. The Chairman asked if any Commissioner wished to re-vote on the closure of the Winter Beach CCC, and noted that only a Board Member who voted to close the facility on September 23, 2014, was eligible to make the Motion to reconsider. MOTION WAS MADE by Commissioner Zorc, SECONDED by Commissioner Flescher, to reconsider the September 23, 2014 Motion to lower residential collection costs and help reduce operating costs by closing the Winter Beach Customer Convenience Center, and based on future information and studies, consider closing the Roseland Customer Convenience Center and Gifford Customer Convenience Center; and to direct staff to reduce operating costs with Republic Services, Inc., based on closing the Winter Beach Convenience Center. The Chairman announced that the September 23, 2014 Motion was now back on the table for discussion and a vote. Commissioner O Bryan acknowledged points made by the public, and that closing the Winter Beach CCC would impact people. However, he envisioned the best long-term solution for the County is to move forward with the plan that was originally approved on September 23, 2014. The Chairman CALLED THE QUESTION on the reconsidered Motion, and by a 2-3 vote (Commissioners Davis, Flescher, and Zorc opposed), the Motion FAILED. Chairman Davis clarified that the Winter Beach CCC will remain open for now. ON MOTION by Vice Chairman Solari, SECONDED by Chairman Davis, the Board unanimously directed staff to renegotiate the contract with Republic Services, Inc., adding back $250,000 to keep the Winter Beach Customer Convenience Center open, and authorized the County Solid Waste Disposal District Page 7
Administrator to reinstate said contract and return with the agreement in January 2015 for Board ratification. The Chairman called a recess at 12:59 p.m., and reconvened the meeting at 1:13 p.m., with all members present. (Clerk s Note: After the recess, the Chairman reconvened the Board of County Commission meeting; those minutes are available separately). There being no further business, the Chairman declared the final SWDD meeting adjourned at 4:02 p.m. ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller By: Deputy Clerk Wesley S. Davis, Chairman Approved: January 20, 2015 Solid Waste Disposal District Page 8