Minutes of the Board of Directors Meeting
April 12, 2002

The Board of Directors of the Lancaster County Solid Waste Management Authority met on Friday, April 12, 2002 at 7:30 A.M. at the Authority office, 1299 Harrisburg Pike, Lancaster, PA.

ATTENDANCE

Board of Directors present were: Chairman Ebel, Hammel, Houck, Kassees, Musser, Rosier, Snoke and Wood. Absent was Frost. Staff present were: Warner, Buller, Forster, Lausch, Norris, Olson, Zorbaugh and Dougherty. Also present were: Solicitor Alex Henderson of Hartman Underhill & Brubaker; Jim Klecko, Covanta Energy; and citizens as listed on the attached sign-in sheet.

APPROVAL OF THE MINUTES

Mr. Ebel asked if there were any additions or corrections to the minutes of the March 15, 2002 meeting. Mr. Wood moved that the minutes be approved as printed. Mr. Snoke seconded. Mr. Ebel called a vote; the motion passed unanimously.

RE: EXECUTIVE SESSION

Mr. Henderson explained in regards to Executive Session, that the Authority is a defendant in two lawsuits, both filed in the Court of Common Pleas in Lancaster County. One is a Civil Action #CI-00-12447 captioned, "People Against Landfill Expansion, Michael Bare and Edward Kladky, Plaintiffs" against the Authority. The other is an Equity Action #CI-00-12089 captioned, "People Against Landfill Expansion against the Authority, John Barley and members of his family". At the Authority's last public meeting, the Executive Director and solicitors were directed by the Board to attempt to reach a settlement of these lawsuits. He noted that the Board was going into Executive Session with the Solicitor to discuss information and strategy concerning the possible settlement of these lawsuits. Section 708 of the Pennsylvania Statutes, known as the Sunshine Act, allows Executive Sessions to, "consult with its attorneys or other professional advisors regarding information or strategy in connection with litigation or with issues in which identifiable complaints are expected". He further noted that no vote, official action or settlement would take place in Executive Session.

The Executive Session commenced at 7:35 A.M. and adjourned at 8:15 A.M.

EXECUTIVE DIRECTOR'S REPORT - Mr. Warner reported on the following:

Resolution No. 2002-3 authorized entering into an agreement with Manor Township which, among other things, adjusts their host fee to a minimum of $1,000,000 a year.

Mr. Ebel read Resolution No. 2002-3 for the record. On motion by Mr. Kassees, second by Mr. Snoke and unanimous vote, the Board adopted Resolution No. 2002-3.

Resolution No. 2002-4 authorized the Authority to enter into a Consent Order to settle litigation between the Authority and People Against Landfill Expansion.

Mr. Warner commented about reasonable people coming together and finding a positive outcome. He stated that the agreement allows for an outcome that is much more positive than if this issue had been litigated. He noted that Lancaster County now has over 50 years of landfill disposal capacity, and that the Authority has achieved what it set out to do.

Mr. Ebel read Resolution No. 2002-4 for the record. On motion by Mr. Snoke, second by Ms. Hammel and unanimous vote, the Board adopted Resolution No. 2002-4.

PUBLIC COMMENT

Mr. Ebel opened the floor for public comment.

Ed Kladky (109 Chestnut Grove Road, Conestoga) spoke on behalf of the People Against Landfill Expansion. He stated that this agreement was very much in the public interest; that it protects property values and the environment. He stated that by building the landfill up, instead of out, the 1986 Manor Township Zoning Hearing Board decision was being upheld. He stated that PALE is entering into this agreement in good faith, and believes the same of the Authority. He remarked that PALE is looking forward to working with the Authority and Manor Township.

Mary Glazier (269 Chestnut Grove Road, Conestoga) encouraged the Authority to 1) look to the future in regards to extending the life of the landfill as long as possible; and 2) make a commitment to include the community in future decisions.

Erica Runkles (3348 River Road, Conestoga) requested that the Board change the times of the Board meeting to evenings.

FINANCE DEPARTMENT - Ms. Olson reported on the following:

• LCSWMA Preliminary Results Actual vs. Budget - All Programs for the Month ended March 31, 2002.
  
  
• LCSWMA Summary Comparison for the Three Months Ended March 31, 2002 and 2001.
  
  
• LCSWMA Accounts Receivable Report and Past Due Detail Analysis as of March 31, 2002.
  
  
• Approval of Disbursements - On motion by Mr. Musser, second by Mr. Kassees and unanimous vote, the Summary of Disbursements for March 2002 in the total amount of $9,218,280 were unanimously approved.

ADMINISTRATIVE SERVICES DEPARTMENT - Mr. Lausch reported on the following:

• Summary Tonnage Report - During March, total revenue tons received were 43,626, missing budget by 315 tons, or less than 1%. The Resource Recovery Facility received 27,000 revenue tons or 2,978 less tons than budgeted. Revenue tons to the Landfill were 16,530 or 2,624 tons more than budgeted. Total system revenue tons year-to-date are 128,706, which is 7,369 tons ahead of budget.
  
  
• Solid Residual Waste - New three-year Waste Services Agreements were entered into with Philips Communications, Security and Imaging, Inc. for their plant trash and Quinlan Pretzel for their production waste. An agreement should be signed next week with AAF McQuay International for their production waste.
  
  
• Liquid Residual Waste - During March, the Liquid Treatment Plant received 751,333 gallons of waste. Revenues were $40,457 or $17,927 over budget. The additional revenue was the result of business from the Armstrong Ceiling Plant, Wyeth and Anvil.
  
  
• Transportation Compliance Plan - Of the 12,598 deliveries to Authority facilities in March, there were only 64 warnings written for non-compliance. This is a 99.5% compliance rate.
  
  
• Recycling - The Annual Recycling Report was completed and submitted to DEP. In 2001, there were 188,469 tons of Municipal Solid Waste recycled in Lancaster County, an increase of 6,680 more tons than were recycled in 2000. That is, 34.4% of the MSW generated in the County in 2001 was recycled compared to 33.8% in 2000.
  
  
• RRF Ferrous Market - Arrangements have been made with Summit Resources to have two trial loads of ferrous delivered to the Roanoke Electric Steel Mill in Virginia. It is important that we find another market since North Star notified the Authority this week that they do not want to renew the Agreement with the Authority when it expires May 31.
  
  
• 18-Gallon Curbside Recycling Containers - On motion by Mr. Snoke, second by Ms. Hammel and unanimous vote, the Board approved entering into a contract with Busch Systems for the purchase of 9,000 eighteen-gallon recycling containers at a unit cost of $3.36 for a total bid price of $30,240.
  
  
• 30-Gallon Biodegradable Kraft Bags - On motion by Mr. Wood, second by Mr. Kassees and unanimous vote, the Board approved entering into a contract with Dano Enterprises for the purchase of 154,000 thirty-gallon biodegradable kraft bags at a unit cost of $0.242 for a total bid price of $37,268.
  

OPERATIONS DEPARTMENT - Mr. Zorbaugh reported on the following:

• Administrative - A meeting was held with The ARRO Group to have a structural evaluation completed on the Bitner property, located at 3151 River Road, in order to better determine its future use.
  
  Worked with LCSWMA's permitted, commercial haulers to implement an expanded tare weight program at the Transfer Station. There has been a significant reduction in the congestion at the Transfer Station for the commercial customers since the program implementation on March 25.
  
  
• Facility Operations - All facilities operated well and within regulatory compliance through the month of March.
  
  The new scalehouse program was installed on March 25 at the Transfer Station. Mr. Zorbaugh thanked Cynthia Pringle, Information Systems Manager, for her efforts.

  The Household Hazardous Waste Facility Manager completed and submitted the PADEP Act 190 Grant Application for Reimbursement of the HHW program expenses for the second half of 2001 in the amount of $35,172.

• Safety Program - During the month of March, there were no notable accidents to report at any of the Authority Facilities. The LCSWMA management staff, in conjunction with our consultant, Safety Performance Systems, have been assessing our current safety programs and policies and have begun implementation of changes and additions to the safety program. The initial focus has been on optimum utilization of our Employee Committee on Operating Procedures and Safety (ECOPS). We have enlisted the resources of this group to evolve ECOPS into a working committee providing greater employee responsibility and input into monitoring, documenting and developing site safety.
  

RRF CONTRACT ADMINISTRATION DEPARTMENT - Mr. Forster reported on the following:

• Site Operations - Electric revenues for March were $865,670, or $72,330 below budget. Spring scheduled outages and unscheduled downtime affected all three units in March. Unit #1 was out of service to repair a leaking hydraulic feed cylinder; its availability was 99.3%
  
  Unit #2 was brought down to repair six broken grate bars and a tube in the roof of the 2nd pass. Unit #2 was available 86% of the time in March.

  Unit #3 was brought down to repair a leak in a tube in the front wall of the unit and a tube on the west wall of the boiler. Unit #3 operated 52.1% of the time in March.

  Covanta processed 27,189 tons of waste in March, a 7% drop from last month.

  Recovered ferrous metal for the month of March was 365 tons, or 35% less than February, due to repeated failures of springs on the non-ferrous conveyor. Covanta has contacted the conveyor manufacturer in order to determine the cause.

  The following is a list of supplemental wastes that was received by the RRF in March: 85 tons of children's underwear, which were destroyed because the clothing failed required flammability tests; 63,000 gallons of waste liquid; 359 tons (23 trailer loads) of baled carpet scrap; nearly 9,000 pounds of confidential documents from Lancaster County and a federal defense contractor; 927 tons of paper waste and shredded diapers; and 669 tons of pharmaceuticals and healthcare products.

• Regulatory Activities - Randy Weiss of DEP visited the facility on March 29th for his monthly operational inspection. We do not anticipate any notices of violations.
  
  
• Other Activities - Continued to work on a presentation for the 10th Annual North American Waste-to-Energy Conference to be held on May 6 - 8 in Philadelphia.

TECHNICAL SERVICES DEPARTMENT - Mr. Norris reported on the following:

• Capital Project Administration - Bid opening for the plumbing contract was held on April 4 with the apparent low bidder being Worden and Shewell, York in the amount of $51,247.
  
  Phase 2 Capping Project - Grace Construction has returned to the site to complete "punch list" items. The Construction Certification Report has been submitted to DEP.

  Radioactive Monitoring Plan - We submitted our response to the Department regarding their review comments. We expect to be "on-line" with this new monitoring program the first of September.

• Facility Compliance and Assurance - The NPDES permit renewal of the stormwater discharge at the Transfer Station has been received. The document is currently being reviewed.
  
  The NPDES permit for the Creswell Leachate Treatment Plant (5 year renewal) was submitted on April 3. This application was very extensive and will require 3 or 4 months to review the document. Gannett Fleming has started work regarding LCSWMA's achieving ISO 14001 certification for the environmental management systems at our facilities.

CITIZENS ADVISORY COMMITTEE

The CAC met on April 10, 2002. The CAC received an update on the Creswell Reuse project by Ned Wehler of the ARM Group. Attendance has been good with about 16 -18 members attending. The next meeting of the CAC is scheduled for May 15; the meeting will include a landfill tour.

Rhea Cosentino (232 Oak Road, Conestoga) asked if members of the public would be permitted to go on the tour.

Mr. Warner said he would do his best to include some members of the public.

Donna Bare (107 Chestnut Grove Road) asked if the CAC meetings would always be held at 1:00 P.M., adding the time does not allow for a lot of public participation.

Mr. Ebel responded that the meetings will continue to be held at 1:00 P.M. for the convenience of the CAC members.

Mrs. Bare asked if it would be possible to hold an evening or late afternoon meeting once in a while.

Mr. Ebel said that he did not think so.

Mr. Warner added that the meeting times are determined by the CAC who are all volunteers.

John May (100 Red Fox Road, Millersville) requested the CAC be asked about the meeting time.

Mr. Ebel stated that it was worth asking the CAC members. He observed that the minutes of the meeting are available should the public wish to see them.

Mr. Boyer (43 Knollwood Drive, Millersville) stated that he is a member of the CAC and that the CAC meeting time suits him.

Mr. Ebel thanked the entire staff, but especially the Executive Director, stating that the past months have been very difficult and the Board appreciated the extra effort. He also thanked the Authority Solicitors.

ADJOURNMENT

On motion by Mr. Kassees, second by Mr. Musser and unanimous vote, the Board meeting adjourned at 9:00 A.M.

APPROVED BY THE BOARD OF DIRECTORS OF THE LANCASTER COUNTY SOLID WASTE MANAGEMENT AUTHORITY THIS 14TH DAY OF JUNE, 2002.

Lester O. Houck, Secretary