solid waste management coordinating board meeting agenda · pdf filepeder sandhei, mpca...

Solid Waste Management Coordinating BoardMeeting Agenda

WednesdayFebruary 26, 2014

1:00-2:00 pm

AMC ConferenceCrowne Plaza, Kellogg 3

St. Paul, MN 55104

Page # Action

1. Call to Order & Introductions - - - - - - - -

2. Meeting Agenda 1 Approval

3. Consent Itemsa. SWMCB December 11, 2013

Meeting Minutes

b. Checks and Claims

2-4

5-6

Approval

Approval

4.

5.

6.

General Businessa. Proposed Amendment to SWMCB Bylaws:

Executive Committee Membership

Regional Policy & Programsa. Compost Rule Comments, Request for

Administrative Law Hearing and Contractwith Stoel Rives

b. Business Collaborative Vendor Selectionc. Legislative Platform and Talking Points

Adjourn

7

8-9

10-1213

Approval

Approval

ApprovalInformation

Solid Waste Management Coordinating Board (SWMCB)December 11, 2013

Meeting Minutes

Meeting Location: Association of Minnesota Counties

Members PresentCommissioner Victoria Reinhardt, Ramsey Co.Commissioner Jan Callison, Hennepin Co.Commissioner Matt Look, Anoka Co.Commissioner Scott Schulte, Anoka Co.Commissioner Tom Workman, Carver Co.

Commissioner Chris Gerlach, Dakota Co.Commissioner Liz Workman, Dakota Co.Commissioner Autumn Lehrke, Washington Co.Mark Rust, MPCA

Others PresentBrad Fields, Anoka Co.Amy Altman, Anoka Co.Mike Lein, Carver Co.Leslie Wilson, Carver Co.Jeff Harthun, Dakota Co.Renee Burman, Dakota Co.Carl Michaud, Hennepin Co.Jeremy Jones, Hennepin Co.Alisa Reckinger, Hennepin Co.Norm Schiferl, Ramsey Co.Nikki Stewart, Washington CountyPeder Sandhei, MPCAJennifer Volkman, MPCAJohn Berns, Allied Waste/Republic ServicesPaul Austin, Conservation MinnesotaSteve Vrchota, Great River Energy

Peder Larson, Larkin Hoffman AttorneysPaul Fresina, PaintCareBob Gagne, PaintCareRob Friend, SET/The Mulch StoreRyan O’Gara, SKBDon Chapdelaine, SKBJulie Ketchum, Waste ManagementLloyd Grooms, Winthrop & Weinstine P.A.Drew Gorton, SWMCB/Gorton StudiosLynn Winter, SWMCB/Gorton StudiosSam Walseth, SWMCBRob Vanasek, SWMCBJill Brown, SWMCBTrudy Richter, SWMCB/RRAYeamah Brewer, SWMCB/RRA

Agenda Item #1. Call to Order & Introductions Chair Reinhardt called the meeting to order at 10:38 a.m. on December 11, 2013.

Agenda Item #2. Approval of Meeting Agenda Commissioner Callison moved to approve the agenda as presented. Commissioner

Lehrke seconded, and the motion passed by voice vote.

Agenda Item #3. Consent Items SWMCB October 23, 2013 Draft Meeting Minutes Checks and Claims

Commissioner Liz Workman moved to approve both the minutes of the October 23,2013 meeting and the checks and claims as presented. Commissioner Lehrkeseconded, and the motion passed by voice vote.

Agenda Item #4. Communications and Outreach Rethink Recycling Has Gone Mobile

Renee Burman, Co-Chair of the SWMCB Communications Team, introduced DrewGorton and Lynn Winter of Gorton Studios, who presented the upgraded and mobiledevice responsive RethinkRecycling.com website.

Agenda Item #5. Regional Policy & Programs 2014 Contracts and Scopes

Trudy Richter, SWMCB staff, presented an overview of the Executive Committee’srecommendations to the Board for approval of 2014 contract scopes andagreements, so that the Chair may enter into final negotiations and executeagreements with the vendors listed below:

o Capitol Hill Associates for Legislative Advocacy and IntergovernmentalRelations ServicesAuthorization for the Chair to finalize negotiations and execute an agreement withCapitol Hill Associates for legislative advocacy and intergovernmental relationsservices, for the term of January 1, 2014 through December 31, 2014 for anamount not to exceed $45,000.00.

o Emerge Knowledge Design, Inc. for VSQG Database and ReTRACSubscription ServicesAuthorization for the Chair to finalize negotiations and execute an agreement withEmerge Knowledge Design, Inc. for VSQG database and ReTRAC subscriptionservices, for the term of January 1, 2014 through December 31, 2014 for anamount not to exceed $16,000.00.

o Gorton Studios for Website Management ServicesAuthorization for the Chair to finalize negotiations and execute an agreement withGorton Studios for website management services, for the term of January 1, 2014through December 31, 2014 for an amount not to exceed $40,000.00.

o Hennepin County for VSQG Database ServicesAuthorization for the Chair to finalize negotiations and execute an agreement withHennepin County for data entry services, for the term of January 1, 2014 throughDecember 31, 2014 for an amount not to exceed $17,900.00.

o Jill Brown with Jeff Dehler for Communications Assistance ServicesAuthorization for the Chair to finalize negotiations and execute an agreement withJill Brown with Jeff Dehler for communications assistance services for the term ofJanuary 1, 2014 through December 31, 2014 for an amount not to exceed$40,000.00.

o LG Consulting for Community POWER Grant Management ServicesAuthorization for the Chair to finalize negotiations and execute an agreement withLG Consulting for Community POWER grant management services for the term ofJanuary 1, 2014 through April 30, 2014 for an amount not to exceed $20,130.00.

o Richardson, Richter & Associates, Inc. for Policy and ManagementServicesAuthorization for the Chair to finalize negotiations and execute an agreement withRichardson, Richter & Associates, Inc. for policy and project managementservices, for the term of January 1, 2014 through December 31, 2014 for anamount not to exceed $419,939.00.

o Risdall Marketing Group for Advertising, Graphic Design & PublicRelations Services

Authorization for the Chair to finalize negotiations and execute an agreement withRisdall Marketing Group for advertising, graphic design and public relationsservices including expenses, for the term of January 1, 2014 through December31, 2014 for an amount not to exceed $65,000.00.

Commissioner Callison moved to approve the above list of 2014 vendor scopes andagreements for SWMCB as presented. Commissioner Liz Workman seconded and themotion passed by voice vote.

Issuance of RFP for Business CollaborativeTrudy Richter provided an overview of the Board’s approved 2014 Work Planinitiativeto select a consultant for business engagement, and noted the action beforethe board was to approve the issuance of an RFP for a Business Collaborativeconsultant. Commissioner Lehrke moved to approve the request as presented.Commissioner Callison seconded, and the motion passed by voice vote.

PaintCare MeetingPaul Fresina, PaintCare, presented an overview of the PaintCare program approachand plans for Minnesota.

Agenda Item #6. 2014 Legislative Platform PrinciplesChair Reinhardt provided an overview of SWMCB Policy Staff and Lobbyists’recommended 2014 SWMCB Legislative Principles. Commissioner Look moved afriendly amendment to add a fifth principle that the Legislature establish a landfilldiversion goal. Commissioner Schulte seconded and the motion passed by voicevote, with a no vote by Commissioner Liz Workman. Commissioner Gerlach movedthe draft 2014 Legislative Principles, as amended. Commissioner Look seconded andthe motion passed by voice vote.

Agenda Item #7. MPCA Updates Mark Rust, MPCA, gave an update on MPCA priorities for the 2014 legislative session.

Agenda Item #8. 2014 Meeting Schedule Chair Reinhardt noted that the next SWMCB meeting will be February 26, 2014.

Trudy Richter provided an overview of the 2014 meeting schedule.

Adjourn There being no further business, the meeting was adjourned at 12:04 p.m.

Minutes respectfully submitted by Yeamah Brewer, RRA

REQUEST FOR BOARD ACTION

Checks and Claims

2/26/2014 AGENDA ITEM NO. 3bBOARD MEETING DATE

BOARD ACTION REQUIRED:

Ratification of the invoices/payments.

BACKGROUND/JUSTIFICATIONThe Fiscal Management and Reporting Procedures adopted twelve years ago by the Board inJanuary 2001 set forth the procedure for payment of invoices submitted to the SWMCB. Theprocedure states that “No payment on any professional services contract invoice, or any invoicefor services performed by a consultant or any other person or organization providingprofessional services, shall be made unless approved by the Chair, Vice-Chair and fiscal agent,so long as the payment is within the overall contract amount approved by the Board or Chair.In the absence of the Chair or Vice-Chair, the Secretary/Treasurer may also approve suchpayment with the Chair or Vice-Chair. The Chair shall report to the Board, and the Board shallratify, any such payments for professional services at its next meeting.”

The Chair and Vice-Chair have previously approved for payment the following invoices:

Payment of $5,682.29 to Jill Brown for January 2014 communications and outreach services (Contract#2014-05).

Payment of $9,000.00 to Capitol Hill Associates, Inc. for February 2014 lobbying services (Contract #2014-1).

Payment of $6,141.45 to LG Consulting, LLC for December 2013 Community POWER services (Contract#2013-06).

Payment of $4,710.00 to Gorton Studios for January 2014 web development (Contract #2014-03). Payment of $4,000.00 to Emerge Knowledge for Feb – April Re-TRAC Subscription Service and VSQG

database hosting Payment of $6,613.62 to LG Consulting, LLC for January 2014 Community Power services (Contract

#2013-06) Payment of $1,338.00 to LG Consulting, LLC for January 2014 2013 Commuter Power services (Contract

#2013-06) Payment of $6,648.20 to Hennepin County for October 2013-December 2013 VSQG manifest data entry

(#2013-04) Payment of $41,423.00 to Richardson, Richter & Associates for January 2014 services (Contract #2014-

07) Payment of $675.00 to Jill Brown for November 2013 communications and outreach services (Contract

#2013-05). Payment of $28,043.75 to Richardson, Richter & Associates, Inc. for December 2013 project management

services (Contract #2013-07). Payment of $2,558.98 to Richardson, Richter & Associates, Inc. for December 2013 expenses (Contract

#2013-07).

Payment of $1,250.00 to Gorton Studios for December 2013 web development services (Contract #2013-03/10).

Payment of $9,000.00 to Capitol Hill Associates, Inc. for lobbying services (Contract #2013-01). Payment of $2,415.00 to LG Consulting for Community POWER Round 12 services (Contract #2012-04). Payment of $3,829.50 to LG Consulting for Community POWER Round 13 services (Contract #2013-06).

The Chair and Vice-Chair have also previously approved the following Community POWERgrantee payments:

Grantee Payment Amount

St. Paul Area Chamber of Commerce $2,350.00

New American Academy $2,400.00

North East Neighborhoods Living atHome/Block Nurse Program

$1,559.48

Payne Phalen District Five Council $2,400.00

White Bear Area Chamber ofCommerce

$2,398.60

Washington County Public Schools ISD#833/Oltman Middle School

$2,000.00

PREVIOUS ACTION ON ITEM, IF ANYN/A

ACTION REQUESTED

APPROVAL

INFORMATION

DISCUSSION

OTHER: __________

FINANCIAL IMPLICATIONS:Invoices/payments paid pursuant to existingcontracts.

COMMENTS:N/A

ATTACHMENTSN/A


Proposed Amendment to SWMCB Bylaws: Executive Committee Membership

2/26/2014 AGENDA ITEM NO. 4aBOARD MEETING DATE

BOARD ACTION REQUIRED:Approve amending, Article IV, Executive Committee, Part A of the SWMCB’s Bylaws, to read asfollows:

The Executive Committee shall consist of the Chair, Vice-Chair and Secretary/Treasurer andthe immediate past Chair of the SWMCB if the immediate past Chair is a member of theSWMCB. In the event the immediate past Chair is no longer a member of the SWMCB or isunable to serve, the Board shall elect another Board member to fill the fourth position on theExecutive Committee.

BACKGROUND/JUSTIFICATIONThe Solid Waste Management Coordinating Board (SWMCB) adopted their Bylaws pursuant to ArticleVII of the Joint Powers Agreement. The Bylaws can be amended by the SWMCB. Article IV, ExecutiveCommittee, defines the membership of the Executive Committee as four members including the pastChair of the SWMCB so long as that individual remains a member of the Board. Last year, AnokaCounty did not reappoint Commissioner Jim Kordiak to the SWMCB; the Executive Committeefunctioned with three members. An amendment is needed to the Bylaws to restore a 4th member onthe Executive Committee, in the event a member is not reappointed.

PREVIOUS ACTION ON ITEM, IF ANYNone

ACTION REQUESTED

APPROVAL

INFORMATION

DISCUSSION

OTHER: __________

FINANCIAL IMPLICATIONS:N/A

COMMENTS:N/A

ATTACHMENTS1. SWMCB Bylaws


Compost Rule Comments, Request for Administrative Law Hearing andContract with Stoel Rives

2/26/2014 AGENDA ITEM NO. 5aBOARD MEETING DATE

BOARD ACTION REQUIRED:That the SWMCB:

1) Submit comments based upon County Staffs’ input on the proposed Compost Rules due onMarch 7, 2014;

2) Request an Administrative Law Judge hearing, and3) Prepare comments and participate in the hearing with legal assistance. The Executive

Committee recommends the Chair be authorized to negotiate and execute an agreement withKevin Johnson of Stoel Rives at a blended rate of $370/hour with a not to exceed amount of$10,000 to provide limited legal advice during this process. Mr. Johnson will:a. Assist the SWMCB in finalizing its comment letter to the Agency which is due March 7.b. Prepare the SWMCB’s presentation/testimony/submittal for the Administrative Law Judge

and be present for the SWMCB’s testimony at hearing.

BACKGROUND/JUSTIFICATIONThe Executive Committee recommends that the SWMCB submit comments on the proposed DraftCompost Rule. The proposed draft Rule, recently noticed after years of back and forth discussionswith the Agency, includes significant issues. The SWMCB’s goal in working with the Agency on theproposed Rule has been to provide a predictable process for permitting organic compost facilitiesdesigned to address environmental concerns while considering capital costs and operating economicsto encourage increased organic composting as required by the State’s Policy Plan.

Key concerns necessitating comments and a hearing in front of an administrative law judge include:a) Limiting siting criteria to six soil types instead of the original nine proposed. A key soil

removed from the list includes loam which eliminates most sites in Carver County and 80% ofMinnesota’s sites.

b) Proposed Rules shift regulation of backyard compost sites to counties.c) Proposed Rules increase costs of design significantly with a requirement of a pad under

residuals. Residuals, by definition, have already been composted, and remain on site forinclusion into the next compost batch. Residuals are typically woody in nature.

d) MPCA has proposed that an operator may request a design exception due to soils or otherconsiderations. If this is to remain in the Rule there needs to be response timeframes andspecific information identified as required so as not to create a lengthy, costly approval processfor an exception.

At the same time as providing comments on the issues listed above, the Executive Committeerecommends that the SWMCB request an Administrative Law Hearing.

To properly prepare SWMCB’s comment letter and present testimony, the Executive Committeerecommends a contract with Kevin Johnson with Stoel Rives to provide limited legal representation tothe SWMCB during the compost rule adoption process. The scope would allow Mr. Johnson to assiststaff in providing comments and testimony during an Administrative Law Judge hearing on theproposed rule. The SWMCB’s 2014 budget includes $10,000 for legal expenses. The ExecutiveCommittee recommends Stoel Rives for this limited purpose and recommends to the Board that forfuture legal assistance, the SWMCB issue an RFP for legal counsel needs, if any, going forward.

PREVIOUS ACTION ON ITEM, IF ANYThe SWMCB has commented on draft rules at least two other times before they were formallypublished. In addition, Carver County has worked with the Agency pursuant to a grant to studyvarious issues related to the proposed rule. Original discussions by SWMCB representatives with the

Agency began in 2007 on the proposed rule. The draft Rule recently published is different fromall this earlier work in significant areas.

ACTION REQUESTED

APPROVAL

INFORMATION

DISCUSSION

OTHER: __________

FINANCIAL IMPLICATIONS:$10,000 is included in the SWMCB’s 2014Budget and Work Plan for undefined legalassistance.COMMENTS:

ATTACHMENTS


Business Collaborative Vendor Selection and Contract Award

2/26/2014 AGENDA ITEM NO. 5cBOARD MEETING DATE

BOARD ACTION REQUIRED:

The Solid Waste Management Coordinating Board authorizes the Chair to finalize negotiations andexecute an agreement for professional services for the Business Collaborative project, in an amountnot to exceed $50,000, for the term March 1, 2014 to February 28, 2015, subject to legal review asto form and legality.

BACKGROUND/JUSTIFICATIONOn 12/11/2013,tThe Solid Waste Management Coordinating Board (SWMCB) approved the release ofa RFQ seeking a consultant or firm to expand the SWMCB’s work with its regional business communityby providing broader outreach across the SWMCB metro region engaging multiple businesses onwaste reduction and recycling issues, and convening cross-sector groups to advance regionalconversations on waste reduction and recycling goals for businesses while introducing SWMCB and itsindividual Counties’ resources to businesses. In addition, special emphasis will be placed by thecontractor on supporting businesses’ individual and joint efforts to develop recycling and wastereduction projects. The work scope and budget was identified in the 2014 Work Plan for this workeffort. The budget is $50,000. The term of the work is March 1, 2014 to February 28, 2015.

The schedule for the evaluation and selection of the state and federal lobbyists was asfollows:Issuance of the Request for Qualifications December 18, 2013Deadline for Written Questions January 10, 2014Proposals Due January 27, 2014Interviews conducted (as needed) Week of February 10, 2014Selection of Vendor and Approval of Contract February 26, 2014

SWMCB received one proposal from the MN Environmental Initiative. The proposal was reviewed forcompleteness and then comments were sought from a team of reviewers designated by Policy staff.The proposal met the budget requirements and goals of the RFQ. In addition, the work to beperformed by MEI will supplement work it has already started with funding from Hennepin County fora Business Collaborative thus building off of an existing private sector collaborative structure.

The work scope includes the following tasks:

Promote and recruit at least 20 businesses distributed across the SWMCB region forparticipation in individual business and business group projects. Support development ofbusiness lead recycling and reduction projects.

Establish and convene a ‘Business Collaborative’ to explore waste management and recyclingbest practices, identify emerging issues and new challenges and new sub-project ideation.

Establish and convene a waste ‘Resource Collaborative’ – to both inform, and be informed by, theBusiness Collaborative. The Resource Collaborative will be made up of SWMCB, Minnesota PollutionControl Agency, Minnesota Technical Assistance Program, Minnesota Waste Wise, RecyclingAssociation of Minnesota, ReUSE Minnesota, and NorthStar Initiative for Sustainable Enterprise. PolicyStaff will have representation on the Collaborative to study the collaborative private sector approachutilized by MEI.

The Executive Committee will bring a recommendation to the Board for the selection of avendor as well as authorization of the contract, to the February 26, 2014 meeting.

PREVIOUS ACTION ON ITEM, IF ANYThis is a work scope recommended by Policy Staff following its work on commercial recyclingwith the research performed by SERA in 2012-2013.

ACTION REQUESTED

APPROVAL

INFORMATION

DISCUSSION

OTHER: __________

FINANCIAL IMPLICATIONS:$50,000 is included in the SWMCB’s 2014Budget and Work Plan for this workCOMMENTS:

ATTACHMENTS

None

The Solid Waste Management Coordinating BoardAdopted: December 11, 2013

The Solid Waste Management Coordinating Board (SWMCB) is a joint powers board comprised of twocommissioners from Anoka, Carver, Dakota, Hennepin, Ramsey and Washington counties. To enhanceintergovernmental coordination, the Board also includes ex-officio representation from the MinnesotaPollution Control Agency (MPCA).

The goals of the SWMCB are to increase the efficiency and environmental effectiveness of the Region'ssolid waste management system so that taxpayers of the Region benefit. Member counties use theSWMCB as the regional forum through which collaborative opportunities that cost-effectively improvewaste management outcomes are identified and implemented.

2014 Legislative Principles

1. The SWMCB supports the State’s solid waste management hierarchy that

prioritizes recycling, composting and processing over landfilling. In accordance with those

priorities, the SWMCB supports the MPCA’s enforcement of Minn. Stat. §473.848

that will ensure full utilization of existing processing capacity in the Region.

Should the MPCA elect to not enforce Minn. Stat. §473.848, the SWMCB supports

holding counties harmless in meeting the region’s waste processing objectives set

forth by the MPCA in its Metropolitan Policy Plan.

2. The SWMCB supports product stewardship efforts that create, expand or improve

product stewardship policies for mattresses, compact fluorescent light bulbs, electronic

waste and pharmaceutical waste. SWMCB supports the implementation of PaintCare’s

product stewardship plan for paint and changes to Minnesota’s electronic waste product

stewardship laws.

3. The SWMCB supports increasing SCORE funding to counties by directing existing

solid waste management tax revenues from the State’s general fund to SCORE

which will further increase jobs, enhance economic development, and incentivize local

governments to make progress toward state-mandated solid waste management

outcomes.

4. The SWMCB supports MPCA efforts to improve the collection and reporting of

solid waste data so that Minnesota’s solid waste system becomes more efficient,

transparent and accountable.

5. The SWMCB supports the establishment of a landfill diversion goal which will

ensure the Region can more accurately measure its combined landfill abatement program

efforts in recycling, composting and processing.

Please visit these websites for additional information about theSolid Waste Management Coordinating Board:

www.swmcb.org www.rethinkrecycling.com

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