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11-17-20111 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 MINUTES South Central Solid Waste Authority Regular Meeting at 9:00 a.m., Thursday, November 17, 2011 Transfer Station Conference Room 2865 W. Amador Avenue, Las Cruces, New Mexico The Regular Board Meeting of the South Central Solid Waste Authority was held on Thursday, November 17, 2011 at 9:00 a.m. in the Transfer Station Conference Room at 2865 W. Amador Avenue. c Present Councilor Miguel G. Silva y ,::''W* -,,-, ....., Councilor Olga Pedroza 9 z Mayor Ken Miyagishima D gg gw Commissioner Billy G. Garrett `"`"' o 0 Commissioner Leticia Duarte-Benavidez o Dr. Jorge Garcia N W m m Brian Haines (Left meeting at 9:52 am) m o tnU -0 w 2 a a Absent o N Commissioner Dolores Saldaha-Caviness ma E c E o ' o = —Ri m N Others Present 2 n U a N = w m > m SCSVUA Patrick L. Peck, Director Q O a x N- o J m Pam Davis, Senior Buyer z 2 F m m o a= Veronica Ferri, Operations Analyst o o w w 0 Bonnie Tafoya, Recycling Coordinator LL z o o t 7 O o a 0 Oscar Barrientos Foreman ,�..,Z w m 0 t C Elena Moreno, Recording Secretary 'o i W a o 0 City of Las Cruces Pat Degman, Comptroller, CLC, Financial Services Klaus Kemmer, Administrator, CLC, Solid Waste Department Mark Winson, CLC, Assistant City Manager, Chief Administrative Officer Doha Ana County None Others Johnnie Aldrich, League of Women Voters AUTHORITY CONVENES Chair Miguel G. Silva called meeting to order at 9:05 a.m. Chair Silva asked Ms. Moreno to call roll call. Present for the meeting were Dr. Jorge Garcia, Commissioner Billy G. Garrett, Mayor Ken Miyagishima, Commissioner Leticia Duarte- Benavidez, Councilor Olga Pedroza, Brian Haines and Chair Miguel G. Silva. Absent was Commissioner Dolores Saldana-Caviness. A quorum was present. ACCEPTANCE OF AGENDA Chair Silva asked for motion for Acceptance of Agenda. Chair Silva called for the vote by saying Aye to accept the agenda. The agenda was accepted; 5-0. ACCEPTED. MINUTES The first item on the agenda was the minutes of the Regular Meeting of October 20, 2011. Chair Silva asked if there were any corrections, questions, or comments on the minutes of the regular meeting. There were none. Chair Silva asked for a motion to approve the minutes. Mayor Miyagishima moved for approval of minutes as presented. Commissioner Duarte- minutes Regular SCSWA Board Meeting November 17, 2011 59 Benavidez seconded. Properly moved and seconded; Chair Silva called for the vote by saying Aye 60 to approve the minutes. The minutes were approved; 5-0. APPROVED. 61 62 REPORTS 63 64 FINANCIAL REPORT 65 66 Pat Degman, Comptroller, with the City of Las Cruces presented the Financial Report. A copy of 67 the November 2011 Transmittal Memo is attached. 68 69 She brought in two different copies of the graphs; page 7, which were handed out to the Board. 70 One of the things looked at in the last meeting was the graph, which began in July 2005. The 71 graphs included last year in the financial statement were from the beginning of Operations 72 forward, which was July 1996. Looking at the closer look which is current activity for the last six 73 or seven years, can get a better look in the near -term versus long-term. 74 75 The graph shows the effects of the profitable first years of operation and the booming 76 economy. It is reflected in the upward trend in those years. In the last few years in the closer 77 look, the figures are correct and the information is correct. It is the long-term view versus the 78 shorter -term view that is being looked at. 79 80 Brian Haines asked what was being done to bring Operations into the black. The debt service is 81 hurting the Authority. 82 83 Mayor Miyagishima asked if salaries included raises. Mr. Peck advised that there had been a 84 reclassification of recycling employees and total salary amounts had decreased. 85 86 Commissioner Garrett would like a more concise explanation of assumptions, how figures will 87 balance themselves, trends, analysis and what intended to do. 88 89 Chair Silva asked if there were any further questions. 90 91 DIRECTOR'S REPORT 92 93 Mr. Peck, Director of the Authority, presented the Director's Report. A copy of the November 94 2011 Director's Report is attached. 95 96 Chair Silva asked if there were any further questions from the Board. There were none. 97 98 RESOLUTIONS FOR CONSENT AGENDA — The Board will be asked to approve by one motion the following 99 items of routine business. 100 101 Chair Silva asked for a motion to amend agenda and move Resolutions on Consent Agenda and 102 Resolutions for Discussion before Old Business. Commissioner Garrett moved to amend agenda 103 and move Resolutions on Consent Agenda and Resolutions for Discussion before Old Business. 104 Commissioner Duarte-Benavidez seconded. Properly moved and seconded; Chair Silva called 105 for the vote by saying Aye to approve the motion. The motion was approved; 5-0. APPROVED. 106 107 Resolution 2011-18 A Resolution Approving the 2012 Holiday Closure Schedule for the South 108 Central Solid Waste Authority Transfer Station. 109 110 Resolution 2011-19 A Resolution Establishing Regular Meeting Times for the South Central Solid III Waste Authority for the 2012 Calendar Year. 112 113 Resolution 2011-20 A Resolution Providing for a Determination of Reasonable Notice of 114 Meetings for the South Central Solid Waste Authority. 2 i.itutes Regular SCSWA Board Meeting November 17, 2011 115 116 Chair Silva asked for a motion to approve Resolutions on the Consent Agenda; 2011-18; 2011- 117 19 and 2011-20. Councilor Pedroza moved for approval of the resolutions. Commissioner 118 Duarte-Benavidez seconded. Properly moved and seconded, Chair Silva called for the vote. Ms. 119 Moreno called roll call for the vote. The resolution was approved; 5-0. APPROVED. 120 121 RESOLUTIONS FOR DISCUSSION 122 123 Resolution 2011-21 A Resolution Establishing a Worthless Check Policy and Authorizing the 124 South Central Solid Waste Authority's Participation in the Third Judicial District Attorney's 125 Office Worthless Check Program. 126 127 Ms. Ferri, Operations Analyst, presented the Third Judicial District Attorney's Office Worthless 128 Check Program. Discussion from the Board followed Ms. Ferri's presentation. 129 130 Chair Silva asked if there were any questions from the Board. Councilor Pedroza's had a 131 concern about notification of the public at large. She asked what plans would be in place to 132 notify the public about the program. Ms. Ferri advised that gate house personnel know the 133 customers that use the facilities and have helped in identifying them. They are able to tell them 134 they need to speak with Ms. Ferri about the issuance of a bad check. A sign is also posted at 135 the gate house advising that customers will be asked for their driver's license to have number 136 noted on the check. This was begun as a preventative measure and customers are beginning to 137 see that measures are being implemented. 138 139 Councilor Pedroza advised that was good for point -of -contact for customers who come into the 140 facilities. The use of a letter to customers who use the facilities to advise them of the District 141 Attorney's Worthless Check Program and when the program will be in effect. 142 143 Mr. Peck asked Ms. Ferri to check with the District Attorney's office to see if they have a tri-fold 144 pamphlet they can hand out to customers. He would also speak with Suzanne Michael about 145 having an article printed in the Las Cruces Sun -News. Ms. Ferri also advised the Board of the 146 sign or decal that can be posted on the window of the gate house which will advise the public 147 that the SCSWA participates in the worthless check program. 148 149 Councilor Pedroza asked what the consequences would be of writing a worthless check under 150 the District Attorney's program. Ms. Ferri advised there is a possibility of legal action; although 151 SCSWA doesn't want it to go to that stage. 152 153 Commissioner Duarte-Benavidez asked how much money was being lost based on non- 154 sufficient checks. Ms. Ferri advised a minimal amount of less than $300 but when you add e- 155 check, which assesses a $30 fee, it can be more. Presently, SCSWA doesn't have a fee which is 156 added to the check amount. There are costs, to pursue and call the customers, work with the 157 city, the cashiers and to have the customer come to the office to clear the non -sufficient check 158 amount. 159 160 Chair Silva asked what the processing fee is for non -sufficient checks. Ms. Ferri advised it would 161 be up to the Board to set a fee. When checks are deposited, which is done on a daily basis, 162 information is received from the City that it has been deposited. The City gets notified first by 163 e-check when a check has bounced and then the City notifies Ms. Ferri. E-check will add their 164 $30 processing fee and that is the only fee associated with it. Chair Silva thought a minimum of 165 $30 should be to cover the cost. The resolution can be amended to include the $30 fee. 166 167 Chair Silva also urged that the physical address be added on the checks since many county 168 residents still use post office boxes as their mailing address. Ms. Ferri advised that cashiers are 169 asking residents for customers' addresses and ask for identification as done in other businesses. 170 3 minutes Regular SCSWA Board Meeting November 17, 2011 171 Commissioner Garrett asked again what the amount was and it was $300, which has been since 172 end of spring. He also asked how many instances of non -sufficient checks have been 173 submitted, which have been 8 cases. Commissioner Garrett asked in terms of Ms. Ferri's 174 follow-up, was she able to get these cases taken care of, which she did. There has been a 175 recent non -sufficient check but is working on collecting the funds. He asked how much time did 176 it take Ms. Ferri, generally, for each one of these cases. Ms. Ferri advised it took approximately 177 two to four hours in total. 178 179 Commissioner Garrett stated there is an operating income of over $3,000,000 and is concerned 180 with the scale versus the amount of the non -sufficient checks. There will be other costs that 181 will come with imposing something like this but he didn't know if that would result in illegal 182 dumping. This is not a cost-free situation; are we getting a significant increase in collection. Is 183 this a significant problem and is this kind of measure merited by the scale issue? 184 185 Mr. Peck advised the Authority doesn't have an official policy on whether to put driver's license 186 information on a check. Ms. Ferri has spent a considerable amount of time on this issue going 187 forward, as far as, looking at our uncollected debt. The City doesn't have a policy on this. 188 When she originally brought this idea to me, I approved because it gives support to our cashiers 189 who are taking the check. They have no recourse but to take the check without asking for the 190 information and implementing this, we are able to send a letter, we can prosecute you. This 191 gives us the ability to ask for a driver's license number on the check and if they say no, the 192 check can be denied. 193 194 Commissioner Garrett would like to see that the first step is a telephone call made to the 195 customer before working with the court system. Then have a process that if you want to 196 pursue that, you can. 197 198 Councilor Pedroza agreed with Commissioner Garrett and disagreed with Mr. Peck on analysis 199 of the ability for the cashier to ask for identification. There is no state statute or certain city 200 ordinance that prohibits a cashier from asking for that information, so this doesn't need to be 201 done in order to get information about a customer's address. The amounts on the checks are 202 averaging $40 and they have all been collected, it would be heavy-handed to impose a $30 fee 203 for bouncing a check. Mr. Peck advised SCSWA is paying the $30. 204 205 Pat Degman asked if there are options to have E-check assess that fee when they are collecting. 206 207 Councilor Pedroza thinks the perception, especially, because as Ms. Ferri stated that the reason 208 behind the bad checks is the economic situation everyone is under right now. That has to be 209 acknowledged that the economy is not yet strong and there are a lot of people who don't have 210 a lot of money. They try to comply with the law and dump where it is legal but some other 211 measure might be more user-friendly. 212 213 Mayor Miyagishima stated this is a big business and to a certain degree, his preference would 214 be to move forward and let the DA handle it. By the mere fact that there is the possibility of 215 being prosecuted, SCSWA starts getting to easy and it encourages them more. When a 216 customer gives SCSWA a check, that check should be good. When a customer gives a check, 217 they have the money but not the cash. Councilor Pedroza advised there a number of 218 businesses who refuses checks. There are older residents who still use checks as a main means 219 of paying for services. 220 221 Mayor Miyagishima advised on passing the resolution, have the form there, whether they want 222 to prosecute or not, which they probably won't. Commissioner Duarte-Benavidez also agreed 223 with Mayor Miyagishima. 224 225 Mayor Miyagishima also advised customers giving a post-dated check and have the funds to 226 cover the check would be better. 2 Minutes Regular SCSWA Board Meeting November 17, 2011 227 Commissioner Garrett based on what he heard in terms of the need and the issue, stated there 228 is an alternative policy that can be set based on a temporary basis, which would be as a policy 229 say that we expect photo ID's, addresses, and telephone numbers to be collected when a check 230 is submitted. If that information wasn't available, you don't have to accept it. Second, if the 231 check did bounce, that there would be notification at the time the check was accepted, that if it 232 bounced that we would be pursuing an additional fee of $30, if that's what our cost is. We can 233 always go with the more legal procedure but simply tightening up the authority to address the 234 immediate problem that is important to do. 235 236 Chair Silva commented passiveness allows us to be pro -active. He has seen the sticker at many 237 businesses and just seeing the sticker makes a person think twice before writing a check. It is a 238 good tool. He would be comfortable passing the resolution as is with no processing fee. What 239 this allows the SCSWA to do is to put the sticker on and it will say that we are participating with 240 this program. It doesn't mean we are taking them to court or add a processing fee, because we 241 haven't. We can bring that discussion back next month and ask do we or do we not want to put 242 that processing fee or eat that cost. Some have expressed that would be appropriate because 243 there are only 10 checks. What we have here allows the policy to ask for addresses to be 244 written on the checks and also to have on our transfer stations that we are part of this 245 program, the District Attorney's program. Chair Silva would be comfortable in passing the 246 resolution as is with no processing fee and come back and address the processing fee or 247 additional fees at a later date. 248 249 Commissioner Garrett stated in terms of the resolution it says we are going to establish, this 250 calls for the Authority to establish a policy. Is there a document in here that is the policy 251 statement? He would be supportive of the resolution if the policy, if there was an amendment 252 to the policy as stated on page 49 that said before initiating legal action that an attempt would 253 be made to recover the monies informally before initiating the legal procedure. You can do it 254 on page 49. This simply says it is feasible to participate and that we would establish a policy. 255 256 Mr. Peck asked the Board to look at page 44 under Section 11. The following procedures must be 257 followed after receiving a worthless check, under A. A notice of issuance of the worthless check 258 must be sent to the check writer by certified mail to the address furnished on the check. By this, 259 we have to send a certified letter to them and it gives them 10 days to make it good before we 260 actually send the check in. There is a mandatory notification where right now it is a phone call. 261 This requires us to make a phone call, which is optional, but requires us to send them a certified 262 letter they sign for. 263 264 Commissioner Garrett asked if SCSWA would go after the recovery of the $30, if that is what it 265 is costing us besides time. 266 267 Mayor Miyagishima stated if a customer bounces a check, call the customer and ask for 268 payment for the services. Second, if they don't pay for the non -sufficient funds, then advise the 269 customer the non -sufficient check will be turned over to the District Attorney's office and send 270 them the letter. 271 272 This will be a part of the policy that is written but it will not change the resolution before the 273 board. Commissioner Garrett supports the overall direction of passing the resolution and then 274 tightening what the policy would be in the policy statement. He also liked what Mayor 275 Miyagishima had stated. The resolution would be approved as presented and then Mr. Peck 276 and Ms. Ferri would write the policy to present to the board at the next meeting in January. 277 278 Councilor Pedroza made a motion to accept Resolution 2011-21 and to have the policy 279 statement brought forward for the next meeting in January. Commissioner Duarte Benavidez 280 seconded. Properly moved and seconded, Chair Silva called for the vote. Ms. Moreno called 281 for the vote. The resolution was approved; 5-0. APPROVED. 282 9 minutes Regular SCSWA Board Meeting November 17, 2011 283 Resolution 2011-22 A Resolution Approving a Contract with Camp, Dresser, & McKee (CDM) for 284 Corralitos Landfill New Cell 3B Design & Bidding Services; Scope of Services and Estimated 285 Engineering Costs. 286 287 Chair Silva asked if there were any further questions from the Board. Councilor Pedroza asked 288 a question on behalf of Mr. Haines. The question is whether the $62,000 would be coming out 289 of the cash revenues and would it affect the decrease in cash revenues. Mr. Peck advised the 290 Board to look at Page 2 of the Financial Report. The amount would come out of Cash Fund 291 8150, which has $619,000 and is earmarked for the construction of Cell 3B. 292 293 Dr. Garcia stated there is 18 months on the last cell, which is correct. Chair Silva asked what 294 had initially been budgeted for the cell construction. Mr. Peck advised it had not been 295 budgeted because the engineer's estimate had not been received. The overall budget is 296 approximately $700,000 to build the cell. 297 298 There were no other questions. 299 300 Chair Silva asked for a motion to approve Resolution 2011-22. Commissioner Garrett moved for 301 approval of Resolution 2011-22 A Resolution Approving a Contract with Cam, Dresser, & McKee 302 (CDM) for Corralitos Landfill New Cell 36 Design & Bidding Services; Scope of Services and 303 Estimated Engineering Costs. Councilor Pedroza seconded. Properly moved and seconded, 304 Chair Silva called for the vote. Ms. Moreno called roll call for the vote. The resolution was 305 approved; 5-0. APPROVED. 306 307 OLD BUSINESS 308 309 Closed Meeting 310 311 Chair Silva asked for a motion to go into closed session at 10:50 a.m. to discuss personnel 312 issues. Commissioner Duarte-Benavidez moved to go into closed session. Mayor Miyagishima 313 seconded. Properly moved and seconded; Chair Silva called for the vote. It was approved; 5-0. 314 APPROVED. 315 316 The audience left the meeting room. 317 318 Open Meeting 319 320 Chair Silva asked for a motion to reconvene the meeting at 11:35 a.m. Commissioner Duarte- 321 Benavidez moved to reconvene the meeting. Councilor Pedroza seconded. Properly moved 322 and seconded; Chair Silva called for the vote. It was approved; 5-0. APPROVED. 323 324 The meeting reconvened. Chair Silva advised that no items other than the personnel issues 325 regarding the South Central Solid Waste Authority Director, Mr. Patrick Peck, were discussed 326 during the closed session. 327 328 GENERAL DISCUSSION 329 330 PUBLIC INPUT 331 332 Klaus Kemmer, Administrator of the City's Solid Waste Department, advised the Board that the 333 residential trash schedule would be changed to the same day as their recycling pickup. The 334 information is being placed on their trash bin and the new pick up dates will begin January 2, 335 2012. 336 337 BOARD INPUT 338 0 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 Minutes Regular SCSWA Board Meeting November 17, 2011 Commissioner Garrett asked in terms of future discussions, the Authority has a good mission statement in terms of the achievable and where we want to go. The issue is how it is defined and what does it means in terms of the next five years and what does it mean in the next year. Mr. Peck advised the Board that the public will be notified of the draft 5-year plan Business & Master plan and where it will be available to them in the next 30 days. There will be a public notice notifying the public where it will be available. Dr. Garcia stated the Board needs to look at cost of service because no entity can survive for a long time with keeping the same rates. It has been 10 years with the same tipping fee and look at the financial health of the Authority. There were no other comments from the Board. ADJOURNMENT Chair Silva asked for motion to adjourn meeting. Councilor Pedroza moved to adjourn meeting. Commissioner Leticia Duarte-Benavidez seconded; properly moved and seconded, the meeting was adjourned. The meeting adjourned at 11:49 a.m. PASSED AND APPROVED this 19th day of January, 2012. SOUTH CENTRAL SOLID WASTE AUTHORITY ATTEST: Lynn E m , Coy ty Clerk MOVED BY: / Silva SECONDED BY: Duarte-Benavidez VOTE: )),(, di; 4 � — -> Dolores Saldana-Caviness, Chair ••`•`�OF NEWM���� i COUNT`( -; CLERK i r Councilor Miguel G. Silva: Commissioner Dolores Saldana-Caviness: Councilor Olga Pedroza: Commissioner Leticia Duarte-Benavidez: Mayor Ken Miyagishima: Commissioner Billy G. Garrett: Aye Aye Aye Aye Absent Absent 7