Minutes of the Board of Directors Meeting
December 15, 2000

The Board of Directors of the Lancaster County Solid Waste Management Authority met on Friday, December 15, 2000 at 7:30 A.M. at the Authority office, 1299 Harrisburg Pike, Lancaster, PA.

ATTENDANCE

Board of Directors present were: Chairman Frost, Clark, Ebel, Kassees, Musser, and Wood. Absent were: Hammel, Spangler and Varljen. Staff present were: Warner, Forster, Garner, Lausch, Norris, Olson and Dougherty. Also present were: Solicitor George T. Brubaker, Hartman Underhill & Brubaker; Glenn Hoag and Tom Wilton, Ogden Martin Systems of Lancaster; Ad Crable, Lancaster New Era; and citizens as listed on the attached sign-in sheet.

APPROVAL OF THE MINUTES

On motion by Wood, second by Kassees and unanimous vote, the Minutes of the November 17, 2000 meeting were approved.

PUBLIC COMMENT

Chairman Frost opened the meeting for public comment.

Mike Bare - Mr. Bare asked if any member of the Authority Board of Directors or Citizens Advisory Committee were residents of Manor Township.

Mr. Warner - Mr. Warner responded that Ed Goodhart is a member of the CAC.

Mike Bare - Mr. Bare asked if the Authority hired a Public Relations firm, and if public funds were being used to hire that firm to convince Lancaster County residents that the Authority actions are above board.

Mr. Brubaker - Mr. Brubaker advised Mr. Bare that this was a public comment period not a question and answer session.

Cabell Kladky - Ms. Kladky asked what the legal responsibilities of the Authority are regarding discussing operations with and answering questions from the public; she also asked if copies of the feasibility report could be given to a person who is not part of the litigation. She also commented that it is never too late to do the right thing.

Mr. Brubaker - Mr. Brubaker responded that obligations are clear under the Sunshine Act and Public Information Act.

Mr. Warner - Mr. Warner noted that he has not had any request for that document from anyone who is not part of the litigation against the Authority.

Brad Hepfer - Mr. Hepfer asked Mr. Warner to clarify if there were any additional portions of the revised Solid Waste Rules and Regulations that would be grandfathered (or was it just the 900' property setback issue).

Mr. Warner - Mr. Warner responded that the new regulations are extensive, and that only two paragraphs regarding setback requirements apply to LCSWMA.

Brad Hepfer - Mr. Hepfer asked if Letort Road would be used more with the Landfill Expansion.

Mr. Warner - Responded that truck traffic routes will remain the same.

Fred Daum - Mr. Daum asked Mr. Warner how he got his position and who he reports to.

Mr. Warner - Mr. Warner responded he was hired in 1987 as the Recycling Coordinator, became the Executive Director in 1996, and reports to the Board of Directors.

Penn Glazier - Mr. Glazier made a lengthy statement which included: the reason there is an acceleration in the rate of filling up the landfill is because the Authority is not just taking waste from Lancaster County; the rate of acceleration of revenues over the past few years means the Authority is taking more trash from more and more places like New York City; and after the 300 acres of the proposed expansion are full, there will be another and another expansion.

Mr. Warner - Mr. Warner responded that Mr. Glazier certainly had the right to make a public comment, but those comments are not correct.

Mr. Warner - Mr. Warner added the Authority does not have a public relations professional on staff. He has tried to be generous with his time, but he is out of time and, yes, there have been discussions about getting an agency that provides this kind of service. He added the Authority has a lot of information that has not come out, and it needs to get the message out.

Donna Bare - Ms. Bare remarked that instead of wasting money to refurbish the Rieber House and on public relations, the money should be used to increase awareness of recycling. She also noted she knew of no one who would use the park.

Mr. Warner - Mr. Warner stated that the Authority has a full-time Recycling Manager on staff, and 82% of Lancaster County's population has curbside pickup of recyclables. Lancaster County recycles 33.5% of their trash. Also, he noted the Rieber House will be used by Manor Township as an educational center, and recycling education and information on the landfill will be displayed. Also, the Rieber home has historical value. The end use of the park is up to Manor Township. The Authority donated the land, and it is trying to help make the Township's request a reality.

Donna Bare - Ms. Bare stated that there has been a 3/4 reduction in the truck traffic, and was wondering what the Authority is doing with the trash.

Mr. Warner - Mr. Warner said there continue to be trucks going to the landfill.

Jeff Brown - Mr. Brown commented that the problem is a public trust issue. He believes the Authority is doing the right thing, but it all should have been brought out in the open.

Mike Bare - Mr. Bare commented that he believes the landfill operates fairly clean, and that the Authority is considerate and competent. The big question is how and why this came down the way it has. It just doesn't "jive" with the way the Authority operates.

Mr. Warner - Mr. Warner thanked Mr. Bare for his comments.

Ed Kladky - Mr. Kladky stated he felt the Authority was ill served following the current strategy. The fact that it is being sued for alleged violations of the Sunshine Act does not give the Authority license to further violate the Act.

Mr. Warner - Mr. Warner stated that the Authority is operated totally different than a private company. A privately-owned landfill tries to get as much waste as they can and fill it as quickly as they can. We are trying to keep as much trash as possible out of the landfill because we have a responsibility to the public.

O.W. Lacey - Mr. Lacey asked why 9/10^ths of the people whose land was involved were not informed.

Eugene Fritz - Mr. Fritz commented that all this could have been avoided if the Authority would have contacted all the neighbors, even after negotiations were completed with the Barleys.

Cabell Kladky - Ms. Kladky commented that Mr. Warner says the Authority is going to come up with the answers, she wanted to know why answers weren't developed before the decision was made.

Mr. Warner - Mr. Warner said the Authority is not coming up with answers; it is going to present the facts. I think that's what you need and I think that is what you want.

Donna Bare - Ms. Bare asked if the Authority was in partnership with the Chesapeake Bay Foundation and if they are aware of the Authority's plans to expand.

Mr. Warner - Mr. Warner responded that they are aware of the Authority's operations.

Cabell Kladky - Ms. Kladky asked for information as to why the process happened the way it did.

Mr. Warner - Mr. Warner stated she will get the facts.

There being no further public comment, Mr. Frost called on Mr. Warner to present his report.

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

• Operating Results - The net surplus for the month was $649,286.
  
  
• CFI Property - The Pennsylvania Department of Community and Economic Development (DCED) has approved our request for "project eligibility". An application will be forward to DCED for funding and a budget will be prepared.

FINANCE DEPARTMENT - Olson reported on the following:

• LCSWMA Preliminary Results Actual vs. Budget - All Programs for the Month and Eleven Months ended November 30, 2000.
  
  
• LCSWMA Accounts Receivable Report and Past Due Detail Analysis as of November 30, 2000
  
  
• Approval of Disbursements - On motion by Musser, second by Ebel and unanimous vote, the Summary of Disbursements for November 2000 in the total amount of $7,286,104 were unanimously approved.

ADMINISTRATIVE SERVICES DEPARTMENT - Lausch reported on the following:

• Agreement for Materials Recovery Facility (MRF) to Process Commingled Bottles and Cans - On motion by Kassees, second by Ebel and unanimous vote, the Board approved a two-year agreement, effective January 1, 2001 through December 31, 2002, with Cougle's Recycling, Inc. to deliver for processing and marketing commingled glass and cans at a payment by Cougle of $2.00/ton and backhaul for processing at the RRF, MRF residue at a payment by Cougle of $40/ton.

Wood commented that LCSWMA receives around 450 tons per year of commingled glass and metal food and beverage containers from haulers, businesses, and the general public.

• Agreement for Processing White Goods and Large RRF Ferrous - On motion by Ebel, second by Musser and unanimous vote, the Board approved a contract with Royal Green Corporation (RGC) for the delivery of White Goods and other light ferrous scrap metal for a two-year period, effective January 1, 2001 through December 31, 2002.

The motion also approved marketing Large RRF Ferrous to RGC's partner, J&K Salvage in York, for a two-year period, effective January 1, 2001 through December 31, 2002.

OPERATIONS DEPARTMENT - Garner reported on the following:

• Purchase of Yard Truck - On motion by Wood, second by Kassees and unanimous vote, the Board awarded the contract for the purchase of a Capacity model TJ5000 Yard Truck to K. T. Graham, Inc. for the bid price of $59,969.

RRF CONTRACT ADMINISTRATION DEPARTMENT - Forster reported on the following:

• Site Operations - Electric revenues for November were $1,307,445, or $42,555 below budget, due to the turbine downtime for repair of the steam inlet valve.

A total of 32,780 tons of waste was delivered to the facility in November, up 9% from October.

• Regulatory Activities - Randy Weiss visited the site on November 20, accompanied by four people from DEP's Central Office. His report had no operational violations.
  
  
• The 3^rd Quarter ash testing results were submitted to DEP. The residue continues to test non-hazardous.

TECHNICAL SERVICES DEPARTMENT - Norris reported on the following:

• Administrative - Norris, Forster and Garner attended a seminar on the revised Municipal and Residual Waste Regulations on November 16 in Harrisburg.
  
  
• Capital Project Administration - ARM Group, Inc. has been engaged to provide consulting engineering services relative to the Phase 2 Capping Project for the FFLF. The project drawings and specifications will be completed over the next few months and then the RFQ process will begin.

CITIZENS ADVISORY COMMITTEE

Mr. Warner reported that the CAC did not meet in November.

EXECUTIVE SESSION

The Board of Directors went into Executive Session at 8:55 A.M. to discuss personnel, litigation and real estate issues.

OTHER BUSINESS

There was no further business to come before the Board.

ADJOURNMENT

The meeting adjourned at 10:30 A.M.

APPROVED BY THE BOARD OF DIRECTORS OF THE LANCASTER COUNTY SOLID WASTE MANAGEMENT AUTHORITY THIS 16^TH DAY OF FEBRUARY, 2001.

John S. Kassees, Secretary