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Lancaster County
Solid Waste Management Authority

1299 Harrisburg Pike
PO Box 4425
Lancaster, PA 17604
Phone: 717-397-9968
Fax: 717-397-9973
Email:
info@lcswma.org
 
 

Minutes of the Board of Directors Meeting
April 16, 2004


The Board of Directors of the Lancaster County Solid Waste Management Authority met on Friday, April 16, 2004, at 7:30 a.m., at the Authority office, 1299 Harrisburg Pike, Lancaster, PA.

ATTENDANCE

Board of Directors present were: Chairman Musser, Ebel, Frost, Gordon, Hammel, Houck, Kassees, Rosier and Wood. Staff present were: Warner, Buller, Forster, Lausch, Norris, Olson, Zorbaugh and Dougherty. Also present were: Solicitor Alex Henderson of Hartman Underhill & Brubaker; Dick Shellenberger, Lancaster County Commissioner; Jim Klecko, Covanta Energy; Craig Davis, R.W. Beck; David T. Fritz, Sr., CPA, Krista Showers, CPA and Don J. Johnson, CPA, Trout Ebersole & Groff; and citizens as listed on the attached sign-in sheet.

APPROVAL OF THE MINUTES

Mr. Musser asked about additions or corrections to the minutes of the February 13, 2004 meeting. Mr. Wood moved that the minutes be approved. Mr. Frost seconded. Mr. Musser called a vote; the motion passed unanimously.

PUBLIC COMMENT

Mary Glazier (269 Chestnut Grove Road, Conestoga) asked new Board Member, R. Edward Gordon to introduce himself and talk about his interests in the Solid Waste Authority.

Mr. Gordon responded that he was a native of Lancaster, a graduate of Hempfield High School and Franklin and Marshall College, and had held positions at a local CPA firm, High Industries, and the Horst Group. He is presently employed by Wohlsen Construction Company. He said his background was primarily in accounting, tax, and finance administration, and that he resided in Manor Township with his two daughters who attended Penn Manor schools. He said he believed solid waste management to be a fascinating industry, and hoped to bring his experience in business to his Board position.

Pat Lemay (78 Sun Lane, Millersville) stated her opposition to the proposed ethanol plant in Conoy Township.

Barbara May (100 Red Fox Road, Millersville) stated what she believed would be the negative impact in the community if the proposed ethanol plant were to be built.

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

  • Penn-Mar Ethanol - The Conoy Township Supervisors approved a change in zoning from agricultural to industrial for the property adjacent to the RRF, as requested by Penn-Mar Ethanol, LLC. The zoning amendment includes 24 different conditions that Penn-Mar will need to satisfy prior to getting approval from the Supervisors to proceed with the project. These issues will be discussed during a series of Conditional Use Hearings where Penn-Mar will give testimony as to how they are going to satisfy those conditions.

    The Authority is working on a “Draft Cooperation Agreement”, which will define in detail certain terms of the business relationship between Penn-Mar and LCSWMA, should the project ultimately be approved.

  • Legislation - Mr. Warner reported on the issues in Harrisburg related to the establishment of Renewable Portfolio Standards and the proposed $5/ton increase in Governor Rendell’s 2004-2005 budget.

    Mr. Musser asked about the Legislative Update Breakfast held on March 3rd.

    Mr. Warner said that the meeting was very successful and had good attendance. He reported to the Legislators exactly what the impact of the $5/ton increase would be to Lancaster County municipalities. He also discussed the Renewable Energy Credit issue at the meeting. He will continue to work with the Legislators.

  • Resolution No. 2004-1 - On motion by Mr. Ebel, second by Mr. Rosier and unanimous vote, the Board adopted Resolution No. 2004-1. The resolution authorizes the Executive Director and Solicitor to take all actions necessary to acquire the Fasnacht Property, either by condemnation or by purchase in lieu of condemnation, pursuant to the Option to Purchase and Agreement for Sale of Real Estate dated December 28, 2000, and the subsequent Memorandum of Agreement dated March 2, 2001, for the sum stated therein, or for such other amount approved by the Board’s Executive Committee, and all actions previously taken by the same, in connection with such acquisition.

  • Disposition of Three Landfill Related Residential Properties

    Mr. Gordon asked what the plans were for the existing trees on the property.

    Mr. Warner explained that the healthy trees would remain.

    Mr. Ebel asked if there were salvageable parts to the homes.

    Mr. Zorbaugh replied that there was nothing salvageable on the property.

    Ms. May asked if there was any possibility of asbestos in the roof.

    Mr. Warner explained that asbestos roofing was non-friable, and was classified as construction/demolition waste.

    Mr. Musser read the recommendation. On motion by Ms. Hammel, second by Mr. Gordon and unanimous vote, the Board approved the demolition of both the Wallick (99 Chestnut Grove Road) and Fletcher (3147 River Road) properties. The Board also approved the Executive Director engaging a realty company to pursue the resale of the Fasnacht property (92 Chestnut Grove Road).

    Ms. Glazier asked about the Authority’s plan for the Manning property.

    Mr. Warner said that a Manor Township resident was interested in using the land to board horses, and that no decision had been made regarding the house.

FINANCE DEPARTMENT - Ms. Olson reported on the following:

  • Auditor’s Report - Ms. Krista Showers, CPA, Trout Ebersole & Groff, LLP presented the audited LCSWMA Financial Statement for Years ended December 31, 2003 and 2002. She thanked the Board for the privilege of serving the Authority and complimented the Staff and Board for their hard work.

  • LCSWMA Preliminary Results Actual vs. Budget - All Programs for the Month ended March 31, 2004.

  • LCSWMA Summary Comparison for the Three Months ended March 31, 2004 and 2003.

  • LCSWMA Accounts Receivable Report and Past Due Detail Analysis as of March 31, 2004.

  • Approval of Disbursements - On motion by Mr. Kassees, second by Mr. Frost and unanimous vote, the Summary of Disbursements for March 2004 and February 2004 in the total amount of $8,512,424 was unanimously approved..
    Ms. Hammel asked Ms. Olson to give the Board an update on the recommended changes made by the auditors.

    Ms. Olson replied that some recommendations had already been implemented and some changes were still being worked on, and that an update would be provided at the next Board meeting.

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

  • Summary Tonnage Report - In March, total revenue tons were 49,638 and total tip fees were $3,019,961, both of which were close to budget for the month. MSW deliveries were 35,265 tons and Residual deliveries were 14,259 tons. Total tons to the Resource Recovery Facility were 30,806 tons and the Landfill 18,718 tons. Looking at results through the first quarter of the year, revenue tons are 130,746 tons, ahead of budget by 1.54%. Of that total, 92,634 is MSW, which is up 2.36% and Residual is 37,864 tons which is just slightly under budget.

  • Residual Waste - An agreement was signed with F.L. Smidth for disposal of their plant trash and sand from metal products manufacturing. With the announcement of the closing of the Wyeth Plant in Marietta, the Authority will not be receiving $35,000 in revenue that had been budgeted for in 2004.

  • Woody Yard Waste Pilot Program - Last year, Lancaster Township and West Earl Township started the collection of woody yard waste. Three more municipalities have started programs in 2004, West Hempfield Township, Elizabethtown and West Donegal. Also two drop off programs have started, one in Salisbury Township and the other in Columbia Borough. Mr. Breneisen has prepared a very comprehensive report which is available if anyone would like a copy.

    We received notice from PADEP that we will be receiving $161,021, in addition to the $100,000, we have already received, towards the price of the Vermeer Wood Shredder that we purchased. This means we will recover 90% of the cost of the shredder.

  • Small RRF Ferrous Scrap Processing /Marketing Agreement - On motion by Mr. Frost, second by Mr. Kassees, and unanimous vote, the Board approved entering into a two-year agreement with Summit Resources Group, Inc. to market Small RRF Ferrous Scrap, effective June 1, 2004 through May 31, 2006, with the option to extend for a third year.

COMMUNICATIONS PROGRAM - Ms. Buller reported on the following:

  • Work on the Annual Report is underway and Dean Design has been enlisted for their assistance with production and design.

  • The redesigned website is making progress and is extremely easy to navigate. We are in the process of putting content into the appropriate categories. The project should be completed in a month or so.

  • Earth Week commences on April 19th and the Authority will be recognizing it by highlighting its E-Cycling (Electronic Recycling). The Authority will start accepting cell phones, in addition to computers which are currently received, at the HHW facility. Cell phones will be sent to Recellular who will refurbish and resell them. They will recycle those that cannot be refurbished. Enviro-Cycle is paying the cost of shipping. Mr. Breneisen found a program sponsored by Panasonic whereby they supply a digital camera to electronic recycling events such as ours as an added incentive to get people to participate in the program. Anyone who brings in a cell phone during Earth Week will be entered into a raffle to win the digital camera. HHW hours will be extended on Earth Day, Thursday, April 22nd. The hours will be from 7 a.m. to 6 p.m. An article ran in the Lancaster New Era and will also run in the Sunday News in the special Earth Week section.

OPERATIONS DEPARTMENT - Mr. Zorbaugh reported on the following:

  • Administrative - Work continues on the RRF tipping floor expansion. Covanta hired Keystruct Construction to complete the expansion with a bid price of $1.18 million. Activity should begin in late April. The Authority is in the process of obtaining the Earth Disturbance Permit for the project.

    The shredder purchased by the Authority has been at Manheim Township and will be going to Lancaster Township. The machine is being used throughout the county.

    Mr. Zorbaugh and Mr. Eshbach attended a seminar at the Lycoming County Landfill regarding the use of GPS Technology (Satellite Tracking Technology) and how it relates to heavy equipment. A discussion followed.

    An informational lunch was held at all the sites to update employees on current projects, events and policies.

  • Facility Operations - All facilities operated well during the month of March. As spring clean-up season has arrived all facilities have seen the seasonal increase in both tonnage and customer traffic.
    At the RRF the outbound scale decking was replaced. The decking is expected to last 15 - 20 years.

    The FFLF sub cell 5B was prepared for waste acceptance and began receiving waste on March 31st. The opening of this cell coincides with the scheduled spring outages at the RRF which allows the Authority to utilize all bypassed waste for the DEP required select waste layer in sub cell 5B.

    The Authority will host a DEP pilot training program for new DEP Technical Employees in May. They will be looking at land, air and water issues as they relate to a landfill. The FFLF was selected because of the excellent environmental record it holds.

    The HHW Manager has prepared a grant application in the amount of $45,215 for half of the facility’s operating expenses for the second half of 2003.

  • Safety - There were no accidents resulting in a lost time injury at any of the Authority facilities during March.

    Plans are being developed for a truck driver safety/operational seminar. The seminar will address preventative maintenance, driving techniques and driver safety.

  • Purchase of Lubricants - On motion by Mr. Kassees, second by Mr. Gordon and unanimous vote, the Board approved the award of the contract for lubricants to Tri-County Petroleum, Inc. for the period of May 1, 2004 through April 30, 2005.

  • Purchase of an Eight Passenger Sport Utility Vehicle - On motion by Mr. Ebel, second by Mr. Frost and unanimous vote, the Board approved the award of the contract for the purchase of a Ford Expedition to New Holland Ford for the bid price of $27,866.63.

  • Purchase of Commercial Lawn Mower - On motion by Mr. Rosier, second by Mr. Wood and unanimous vote, the Board approved the award of the contract for the purchase of a John Deere 1445 Commercial mower to Landis Brothers, Inc. for $16,815. The mower will be purchased through a piggyback on the state contract.

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

  • Site Operations - Electric revenues were very strong, up $49,000, primarily due to the timing of the outages.

    Unit #2 had two minor tube leaks during the month. The unit ran 89% of the time.

    Unit #1 developed problems with its ID fan bearing. A replacement bearing was put in and that also failed. Due to the failure, Covanta went into the spring outage on the unit.

    Unit #3 operated throughout the month without a problem, and was brought down as scheduled for its spring outage.

    All three residue handling systems (bottom ash, fly ash, and ferrous) were shutdown so that Covanta could replace the main pan liner. The abrasiveness of the ash residue eventually takes its toll on the liner and periodic replacement is necessary. Covanta was able to complete the work in about 2 days’ time.

  • Regulatory Activities - Randy Weiss of DEP was on site for an inspection on March 18th. He was pleased with what he saw with pit drawdown and other activities.

    Final ash test results were received, and both cadmium and lead concentrations in the ash are well below the federal thresholds.

    Covanta reported that there were no air emission exceedances during the month of March.

  • Other Activities - The Tipping Floor Expansion building permit was received. The next step is to submit the Erosion and Sediment Control Plan for the project to the Lancaster County Conservation District on April 19th. Construction and expansion should begin in late April.

  • 2003 RRF Audit Presentation - Mr. Forster introduced Craig Davis, who gave a brief presentation and overview of R. W. Beck’s annual audit of the RRF. Mr. Davis visited the site twice in 2003 to perform site and plant walkdowns as well as to do a thorough review of Covanta’s operational logs and maintenance records.
    Mr. Warner added that Mr. Davis represented an independent engineer, hired by the Authority to do a thorough annual report; in the report Mr. Davis gave his opinion on the condition and operating and maintenance procedures applied to the Authority’s investment by Covanta Energy, and whether those procedures were within the scope and responsibility of the Service Agreement.

    Mr. Warner asked Mr. Davis to comment on the general condition of the plant, considering it was 13 years old.

    Mr. Davis said the facility was in good shape, particularly after a major overhaul year. He said the current condition of the plant was very good, and that Covanta recognized the importance of renewable and replacement and restoration activity, all of which were ongoing at the plant. He reported that aesthetically the plant was pleasing, and that typical wear and tear was to be expected. Mr. Davis summed up by saying the facility was in very good shape and had a very good staff running it.

    Mr. Kassees asked about the facility’s efficiency rating.

    Mr. Davis reported that the plant’s availability, at an average of 92% during a major cycle year, was an exceptional level of performance, and was consistent with what they had achieved in the past.

    Ms. Hammel asked Mr. Forster to provide an update to the Board on the items listed in Section 3, page 5 of the audit.

    Mr. Warner explained, for the benefit of the public, that Mr. Forster reviewed items on the audit with Covanta, and followed up to make sure they were being addressed.

    Mr. Forster replied that the items were discussed in monthly meetings, and that Covanta was given a certain amount of time to address them.

    Mr. Warner added that the Board might not have been aware of monthly meetings between Authority managers and Covanta, whereby the facility’s operations were discussed in detail, items were identified that needed to be examined, timetables were established to address them, etc.

    Ms. Hammel asked for follow-up regarding the items that needed to be addressed.

    Mr. Davis noted that the report indicated whether the previous year’s recommendations were resolved, and that the issues in 2002 were resolved to their satisfaction.

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

  • Capital Projects

    Transfer Station Design Work continues with Gannett Fleming on assembly of the Permit Application for the new Transfer Station. Gannett Fleming has just completed the first draft and it is expected that the application will be delivered to the Department by the end of April. Also in April, meetings will be held with LASA and the City of Lancaster to begin discussions regarding approvals for the new TS and for remediation of the CFI site.

    The process of removing the tanks, pipes and concrete bases from the CFI property has begun. Work should be completed by the end of April.

    A meeting was held with SCS Engineers to review their report relative to alternative uses for the CW/FF LF gas.

    The Construction Certification approvals for Cell 5 and Creswell Landfill Gas projects were received from the Department in March.

  • Facilities Compliance and Assurance - Work has begun on the Act 220 Registrations. This Act requires all users of 10,000 gallons of water per day (averaged over any 30-day period) to register their water withdrawal and usage to DEP. Registrations will be submitted for both the RRF and CW/FF LF.

  • Phase 3 Capping Construction - On motion by Mr. Kassees, second by Ms. Hammel and unanimous vote, the Board approved entering into an Agreement with Weston Solutions, Inc. in the amount of $1,628,703 for the Phase 3 Capping Construction.

    On motion by Mr. Frost, second by Mr. Ebel, the Board approved retaining ARM Group for the Professional Services (resident engineer, construction quality control/assurance and certification report) required related to Phase 3 Capping Construction in an amount estimated at $195,000.

    Mr. Gordon asked if ARM Group designed the project.

    Mr. Norris said yes, but not as part of the original permit application which was completed in 1986 or so.

    Mr. Warner said that as technology continued to improve, changes to the original design were sometimes necessary.

CITIZENS ADVISORY COMMITTEE

Mr. Warner reported that the CAC met on April 14th, and that Tim Breneisen gave a very detailed Power Point Presentation on the Woody Yard Waste Project, the results of the pilot programs, and the Authority’s plans for the future of the program. The CAC also received an update on the Transfer Station design and the ethanol project. Mr. Warner said the CAC was scheduled to meet again in August, and planned to take a field trip to see the Landfill Capping and Waste-to-Energy Tipping Floor Expansion construction projects.

Mr. Warner added that Al Kozlowski, who was a retired chemical engineer and had served on the CAC since its inception, had passed away a few weeks ago. Mr. Warner remarked on Mr. Kozlowski’s remarkable record of volunteer service with the CAC.

Mr. Musser asked how many people were on the CAC.

Mr. Warner said that it was approximately14 people.

Dick Shellenberger (Lancaster County Commissioner) remarked that he was glad to attend his first Board of Directors meeting of the Authority. He said that he was repeatedly impressed with the quality and expertise of the Authority. He added that he was proud to be a Commissioner [of a County] that had an Authority that operated in this manner.

Mr. Rosier said as a member of the Audit Committee he wanted to commend Carol Olson and her staff on such a well prepared audit.

Mr. Rosier reported that he accompanied Mr. Warner to a recent SWANA Keystone Chapter meeting, and that he recommended that other Board members attend future meetings.

EXECUTIVE SESSION

The Board went into Executive Session at 9:40 a.m. to discuss a real estate matter.

OTHER BUSINESS

The regular Board meeting reconvened at 10:05 a.m.

There was no further business to come before the Board.

ADJOURNMENT

On motion by Mr. Frost, second by Mr. Kassees and unanimous vote, the Board meeting adjourned at 10:08 a.m.

APPROVED BY THE BOARD OF DIRECTORS OF THE LANCASTER COUNTY SOLID WASTE MANAGEMENT AUTHORITY THIS 11TH DAY OF JUNE 2004

Barbara B. Hammel, Secretary