January 12, 2017 Minutes

WINDHAM SOLID WASTE MANAGEMENT DISTRICT (WSWMD)  
BRATTLEBORO, VERMONT
BOARD OF SUPERVISORS MEETING
MINUTES OF JANUARY 12, 2017

BOARD MEMBERS PRESENT: Louis A. Bruso, Jr., Chair, Jamaica; Jan Ameen, Vice Chair, Westminster; John Allen, Brattleboro; David Jones, Brookline; Michelle Cherrier and Lester Dunklee, Dummerston; Cheryl Franklin, Guilford; Tony Gordon and Stillman Vonderhorst, Marlboro; Johanna Gardner, Newfane; Dan Toomey, Putney; James Damato, Readsboro; Irvin Stowell, Townshend; Tim Franklin, Vernon; Nancy Meinhard, Wardsboro; Clyde Twitchell, Whitingham; and Merrill Mundell, Wilmington.

BOARD MEMBERS ABSENT: David Schoales, Brattleboro; Thomas Baltrus, Dover; Troy Revis; Guilford; Lewis Sumner and Bradley Rafus, Halifax; Shannon Meckle, Newfane; Gig Zboray, Readsboro; Albert Dupell, Stratton; Emily Vergobbe, Vernon; Tom Consolino, Wilmington; and Scott Bushee, Winhall.

WSWMD STAFF PRESENT: Bob Spencer, Executive Director, Kristen Benoit, District Clerk/Program Coordinator, Vicki Hayes, Administrative Assistance/Bookkeeper; Dale Bessette, MRF Sorter/Substitute Scalehouse Attendant; and Skip Bonnett, Assistant Operations Manger/Lead Truck Driver.   
 
OTHERS PRESENT: Sheila Morse, Guilford Selectboard Chair and Chris Parro, Putney Road Redemption Center.  

Mr. Bruso, Chair, called the meeting to order at 7:03 p.m.

1) Changes and/or Additions to Agenda: The Board agreed to add a resolution needed for the employee’s health insurance plan (11a) and consider solar project updates (11b).  

2) Approval of Minutes – December 8, 2016:  Motion made, seconded, and carried to approve the Minutes.  There was 1 abstention.

3) Approval of Check Register – December 2016:  The Board of Supervisors reviewed and discussed various expenditures on the check register.  

Motion made, seconded, and carried to approve the check register.   

4) Financial Report Review – December 2016: The Board reviewed and discussed the financial report.

Motion made, seconded, and carried to approve the financial report.   

5) Program Coordinator’s Report: Ms. Benoit reported on Strolling of the Heifers “Get the Word Out” showcase on non-profit organizations, High Meadow Funds Grant, Universal Recycling Business Grant, upcoming food scrap generator and composting workshops, and WSWMD’s Year 1 Solid Waste Implementation Plan (SWIP) report to the Agency of Natural Resources.

Ms. Ameen recommended the staff send out reports to town administrators and selectboards to inform them of District’s operations and programs.  

6) Executive Director’s Report: Mr. Spencer reported on state mandated well tests for fluorinated compounds; Rich Earth Institute sublease with Brattleboro Organic Energy; elimination of Saturday’s Community Service Work Crew; upcoming meetings with selectboards to discuss future recycling options for member communities; and Whitingham’s decision to contract with TAM Waste Management, eliminate the use of the District’s recycling roll-off containers, and their inquiry to the Windham Regional Commission (WRC) about WRC developing a Solid Waste Implementation Plan.  

The Board discussed possible user fees at the WSWMD facility in Brattleboro for commercial recycling loads, which were previously accepted at no charge.

Ms. Gardner asked the Board to discuss the possibility of continuing the recycling collection program and MRF operations for towns that would like to keep the service due to the cost of contracting with a private hauler.  The Board discussed necessary tonnage and fixed costs associated with MRF operations.  

7) Consider Town of Winhall Rejoining District:  It was noted the Town of Winhall did not have a representative present at the meeting. The Board discussed a possible fee to rejoin the District.  Mr. Mundell stated the Finance Committee recommends a 3-year minimum commitment to rejoin the District.  It was noted the Charter does allow for such terms.

Motion made, seconded, and carried the District set a policy for a member community who votes to withdraw from the District and notifies the District, to withdraw from the District, and then reconsiders that vote and petitions to remain in the District in the same fiscal year. The requirement for rejoining is a written commitment to remain in the District for 3 years.

8) MRF Closure Plan: Mr. Spencer reviewed estimated costs to close the District’s Materials Recovery Facility (MRF). The Board discussed the proposed expenses and possible funding mechanisms.  

9) Consider reduction in Organics Tip Fee: Mr. Spencer reported the Town of Brattleboro has asked for a reduction in the organics tipping fee from $65/ton to $50/ton.  Mr. Mundell stated the Finance Committee recommends the District accept organics at a tip fee of $50/ton for in-district sources only.  

Ms. Ameen expressed concern that member towns feel the District overcharges them and that it is important to remind towns they cannot compare private and public sectors.  As a municipality, the District has fixed costs, such as benefit packages and livable wages for its employees, which may not be similar in the private industry.  

Motion made, seconded, and carried the District reduce the organic tip fee from $65/ton to $50/ton for in-district sources.  There was 1 nay.

10) Consider RFP for Transfer Station Recycling Services: The Board discussed a Request For Proposal (RFP) for recycling services.  

Motion made, seconded, and carried the Executive Director prepare a RFP to contract with private haulers, on behalf of member communities, for recycling collection services.

The Board discussed the proposed RFP, member communities’ commitment to participate in the RFP, and estimated tonnage to receive competitive pricing.  Mr. Spencer expressed concern regarding the quality of the recyclable materials and contamination.

Motion amended and seconded the Executive Director prepare a RFP for private haulers to provide municipal solid waste and recycling collection services beginning fiscal year FY 2018.  There were 3 yeses.

Motion made, seconded, and carried to call the question.   

Motion made, seconded, and carried the Executive Director prepare a RFP for private haulers to provide recycling collection services beginning fiscal year FY 2018.  There was 1 nay and 1 abstention.

11) Consider RFP for Transfer Station Organics Hauling:  Mr. Spencer reminded the Board that transfer stations are required to accept food scraps on July 1, 2017 as mandated by Act 148, Vermont’s Universal Recycling Law.

Motion made, seconded, and carried the Executive Director prepare a RFP for transfer station organic hauling and require the organics be delivered to WSWMD.  There were 4 nays.

11a) Health Equity HRA Resolution:  

Motion made, seconded and carried, the following resolution be adopted:

The undersigned authorized representative of Windham Solid Waste Management District (the Employer) hereby certifies that the following resolutions were duly adopted by the governing body of the Employer on January 12, 2017, and that such resolutions have not been modified or rescinded as of the date hereof.

RESOLVED, that the form of amended and restated Welfare Benefit Plan, effective January 1, 2017, presented to this meeting (and a copy of which is attached hereto) and is hereby approved and adopted, and that the proper agents of the Employer are hereby authorized and directed to execute and deliver to the Administrator of said Plan one or more counterparts of the Plan.  

RESOLVED, that the Administrator shall be instructed to take such actions that the Administrator deems necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures for the provision of benefits under the Plan.  

RESOLVED, that the proper agents of the Employer shall act as soon as possible to notify the employees of the Employer of the adoption of the Plan and to deliver to each employee a copy of the Summary Plan Description of the Plan, which Summary Plan Description is attached hereto and is hereby approved.  

The undersigned further certifies that attached hereto as Exhibits, are true copies of Windham Solid Waste Management’s Benefit Plan Document and Summary Plan Description approved and adopted at this meeting.

11b) Solar Project Update:  Mr. Bruso reviewed recent milestones met in the development of the solar array.  The Board discussed the solar project.

Motion made, seconded, and carried to approve Amendment #1 to the New Metering Agreement.

Motion made, seconded, and carried to accept as complete and on time the milestones outlined in Section 3 of the Supplementary Condition of the Land Lease and Development Agreement between Windham Solid Waste Management District and PSVTF1, LLC and Sky Capital America.  

Motion to recognize that member towns and municipalities have been offered a reasonable opportunity to enter into SAAs with the Lessee, and the District consents to the Brattleboro Retreat, Brattleboro Housing Authority and Marlboro College as additional off-takers as outlined in Section 4-B of the Land Lease and Development Agreement, after giving member towns and municipalities one month to complete their contract.  The chair is authorized to accept additional non-district off-takers on behalf of the Board by written consent.

12) Future Direction of District:

Motion made and seconded that every town gets a set roll-off recycling containers. Motion withdrawn.  

The Board agreed to consult an attorney and discuss District assets at the next Board Meeting.

13) Executive Sessions (if needed): None

14) Other Business as Legally Allowed: None

15) Adjournment:  Motion made, seconded, and carried to adjourn.  

The meeting was adjourned at 9:20 p.m.
 

Kristen Benoit,
District Clerk