Was Fred Hawkins Less Than Truthful with the School Board?

I submitted a 2 minute public video comment in response to a recent agenda item listed for the July 14, 2020 Osceola County School Board meeting(1).  Item 13.01 called for Approval of the Agreement (C-21-0063-EP) between The Foundation for Osceola Education, Inc. (the "Foundation") and the School Board of Osceola County, Florida (the "School Board") to Disburse WCI Funding.  That funding comes from Waste Connections Inc. ("WCI") the owner of the JED Landfill that was at the heart of the Coal Ash controversy.

I questioned turning over money allocated to our schools to an organization that upped Fred Hawkins' salary as President, $40,000 or so in three short years to over $100K.

Fred made some comments(2), that I found interesting, during his pitch to continue the funding agreement.

With regard to a different private sector job, he stated

"I chose to end that job to do full time with the foundation." (time:  1:14:14)

The 990s filed by the Foundation for the year 2017 don't support that statement.  

While Fred might try to pass off that his role at the Foundation changed and that was a reason he resigned his other private sector job, ironically, he left the private sector job shortly after the Florida Commission on Ethics heard his requested case on July 27, 2018. At that time "the Commission adopted a formal opinion noting a conflict of interest would be created were a county commission member employed by a subsidiary of a waste management company to act on behalf of a subsidiary of the company doing business with the county. However, if the commissioner terminates his duties for the subsidiary, there would be no conflict." [video link]   The County was in talks with several companies on the solid waste removal contracts for Osceola County.  Coincidence?  You decide!

Personally, I always thought there were ethical concerns with Fred's private sector jobs, given he previously worked at the company that owned JED landfill while the conditional use permits restrictions slowly disappeared and the fact that he sat in on negotiations for the Coal Ash with Ben Gray of WCI, a member of the Foundation's Board of Directors that decides his current salary as President.

Since the Form 990s filed by the Foundation for 2017 list Fred Hawkins as working an average of 40 hours per week did they lie on the form? Was Fred shortchanging the Foundation on the number of hours worked? Or isn't 40 hours "full time" in Fred's mind?

It should be noted that prior to Fred becoming the President of the Foundation, there was never a formal agreement for the school to fork over their share of the host fees (the Foundation also receives separate funds directly from Waste Connections).  The School Board still provided funds, but without a set obligation.  Yes, Fred is doing his job for the Foundation, locking down funding sources, but I still question the School Board in going along with this "lock down" of funds to an outside entity, especially given the current climate with school funding.  Heck, the problems with the video taping, audio and live streaming of the School Board meetings alone is proof enough that they should be leaving themselves open to having the funds on hand to correct in-house issues that may arise.

At the School Board meeting Fred went on justifying the huge salary increase, making statements including, but not limited to:

"She's [Kerry Avery] their hands on I'm out meeting with corporate sponsors trying to get new sponsors...
I had a brainchild that came up to do fundraising...
...involved in events we have making sure I'm present there...".

Fred Hawkins stated that "Ken [Smith] was a fundraiser".  Sounds to me like Fred's role is the same as his predecessor, possibly with the exception of him stumping at foundation events?  Mind you, he's campaigning for Florida State House District 42.  Coincidence?  You decide!

Given that his regular weekly hours were suppose to be 40 PRIOR to the so-called change in the role as President of the Education Foundation, I still think that a $40K+ increase in salary in three short years is excessive even if the functional duties changed from his predecessor.

So, since I find Fred's justifications a little misleading, it's another reason I say #HellNoHawkins2020

(1)    School board videos can be found at https://sdoc.eduvision.tv/Default 
(2)    Fred Hawkins comments at the July 14, 2020 meeting begins at 1:10:40

Fred Hawkins: Silent on Landfill Expansion; Broken Promises

The J.E.D. landfill mountain of garbage, Holopaw, FL

Since 2008, Osceola County Commissioner Fred Hawkins sat silently as his district (District 5) turned into a huge dumping ground known as J.E.D. Landfill under the control of a private corporation (1) where he has employment ties.(*)

His nonchalant attitude about the dangers of waste has everything to do with the fact that he works in the industry. He views garbage, including coal ash, as a revenue source(2) rather than a toxic soup that has potential to foul our drinking water and poison our environment.  He systematically turned a blind eye and remained silent to the changes that turned JED from the promised, small regional landfill meant to serve county needs into "a million dollar” industry(*).  Revenue over health...when it comes to Fred Hawkins, it's always about money.

It wasn't suppose to be that way.  In 1998 (prior to Fred's tenure on the Commission), the county elected to settle when threatened with a lawsuit(3) by the landfill owners because they were denied Conditional Use Permits to locate a landfill on certain Agricultural/Conservation lands. 

It should be noted that the proposed 1999 agreement was for a small regional landfill that had some beneficial cost savings components for the citizens.  But the promises that placated the citizens and satisfied the County Commission into allowing it to move forward slowly fell by the wayside.

This was what was initially pitched

 In 2004 Fred Hawkins, while employed by the company that owned the landfill, received an appointment to the Planning Commission which makes zoning and conditional use permit recommendations. Shortly thereafter, the first condition of the initial landfill agreement which called for accepting waste only from counties adjacent to Osceola was changed.  Suddenly all Florida counties could dump at the JED Landfill (CU04-00019).  Coincidence?  You decide.

In 2005 Conditional Use is changed from a maximum height of 178 ft. to 330 ft. (CU05-00054), negating the promise that it would never be seen from the highway.

In 2011, while Fred Hawkins was a commissioner and while employed at the landfill, CU11-00008 was issued which expanded the landfill footprint from 264 acres to 360 acres and deleted certain conditions to coincide with a new agreement being negotiated with the county.

While Fred can truly claim that he didn't vote for the 2008 and 2011 CU changes (since his family receives royalties and he has to recuse himself), Fred's silence in fighting or relaying information on the impact those changes would have on his constituency speaks volumes about his character.  He literally allowed District 5 to become a million dollar garbage dump and his family gets to laugh all the way to the bank with their royalty checks.  More room for waste means more potential for royalty fees. 

Our landscape is forever changed since he didn't speak up when they requested a change in the conditional use permits from the 1999 pitched idea of 200 acres, 98ft height with a 30 year capacity to currently approved massive 330 ft. height that in his own words “…my daughter's grandchildren would not see the end of this landfill...”(*)

It is as visible as the NY World Trade Center is from New Jersey.  Our rural beauty has been scarred and it all took place during Fred Hawkins tenure as Osceola County Commissioner for District 5.

While he couldn't vote on the amended agreement that allowed Coal Ash from outside the state, specifically Puerto Rico, based on documents obtained from public records requests, he actively participated in the negotiations via lunch meetings and conference calls. All to benefit the bottom line of his former private sector employer.

Is this the person you want legislating your future?  I don't.  Can you just imagine Fred Hawkins having a say in the fate of biosolids in Florida?  Another reason I say #HellNoHawkins2020

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(1) The landfill has had many names and owners due to mergers including Oak Hammock Disposal Company, LLC; Omni Waste of Osceola County, LLC; Waste Solutions Inc.; Progressive Waste Solutions Ltd; and currently Waste Connections, Inc.

(2) Regarding the Coal Ash deal: “This is a way for the county to generate some revenue while making a smart agreement with a strong local business partner,” Hawkins said. Osceola News-Gazette, May 3, 2019

(3) Lawsuit filed 2000 CA 001123 OC - OMNI WASTE, LC vs. OSECOLA COUNTY

(*) Fred Hawkins statements during May 6, 2019 BOCC meeting:"I am landfill certified"; "I worked for the company out there"; "...this landfill would do nothing to violate a permit that is probably worth...I say millions, but probably billions of dollars to them. ...Long life...I would think my daughter's grandchildren would not see the end of this landfill..."