2018-09-26 Meeting Minutes (EMC)

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Commissioner Gaffney asked whether the evaluation criteria is a DOH requirement, and Director Kucharski explained that it is required under the State Procurement Code. A department has to be able to justify any contract award, as it can be challenged. State procurement requires a department to document the basis for its award. Chair Bennett asked how they can fix the disagreement on the percentage. Commissioner Pequeño said the biggest heartburn was the percentage. He had suggested at least 15%, and Director Kucharski said he would be more comfortable with 5% to 10%. Director Kucharski said the EMC was making a recommendation to DEM, and DEM was interested in the EMC’s input, but a recommendation from the EMC did not obligate DEM to utilize a specific percentage. DEM could change its judging criteria in response to the EMC’s input and use what it feels is an appropriate percentage for a particular contract. Commissioner Pequeño said he would be comfortable to have it included with 10% being a lower limit. If the contract were for something where the educational component had greater need, the department could increase it. Director Kucharski said he supports that position and the proposal. Motion amended and seconded: Commissioner Pequeño amended the motion to say that whereas the Department of Environmental Management enters into contracts for source reduction, recycling, composting, and other similar services, the department shall include a mandatory consideration of education and outreach components weighted at a minimum of 10% of all criteria in the selection and awarding process. Commissioner Gaffney seconded the amended motion. Director Kucharski asked whether the word “shall” means there is any force in the recommendation, and Ms. Mellon-Lacey said no, it would still be a recommendation. Commissioner Fritz said he has been sitting on this commission for three and a half years, he sees projects come and go, and education is always dropped off because there is not enough money. He asked how it could be ensured that would not happen. Director Kucharski this is a function of DEM’s final budget. The budget process is such that DEM is granted a certain amount of money to run all the programs it has a responsibility to run. DEM did receive an increase in solid waste fees this last session, so there is more money coming in. However, there are a lot of things DEM would like to do and there are several things DEM has to do, and when you run out of money, your wants may not get done. He has no solution for that. Commissioner Pequeño suggested the Director include updates of examples of educational outreach components included in new projects in his director reports, and Director Kucharski said he would be happy to do that. Chair Bennett said that some recycling efforts lend themselves well to public education, but others do not. Director Kucharski said there are areas, such as with tires, where you pay upfront for its disposal, but you’re not obligated to return the tire. An education process would be worthy here, but it is additional activity that is not currently