Minutes of
the Board of Directors Meeting
March 15, 2002
The Board of Directors of the Lancaster
County Solid Waste Management Authority met on Friday, March
15, 2002 at 7:30 A.M. at the Authority office, 1299 Harrisburg
Pike, Lancaster, PA.
ATTENDANCE
Board of Directors present were: Chairman
Ebel, Frost, Hammel, Houck, Kassees, Musser, Rosier, Snoke
and Wood. Staff present were: Warner, Buller, Forster, Lausch,
Norris, Olson, Zorbaugh and Dougherty. Also present were:
Solicitor George T. Brubaker 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 December 14, 2001 meeting.
Mr. Frost moved that the minutes be approved as printed. Ms.
Hammel seconded. Mr. Ebel called a vote; the motion passed
unanimously.
PUBLIC COMMENT
Mr. Ebel opened the floor for public comment
and requested that comments be brief to accommodate all who
wished to speak.
William Urban (890 East Main Street, Ephrata)
made a statement on behalf of Cumberland Truck Equipment.
Mr. Urban noted how many truck drivers are killed on the job,
and asked the Authority to consider the good safety record
and features of Volvo trucks, though they are more expensive.
Mary Glazier (269 Chestnut Grove Road,
Conestoga) noted that while the PALE Group was fulfilling
their "Adopt a Highway" duties and picking up trash
in the vicinity of the landfill, they noticed a number of
pick-up trucks en route to the landfill with uncovered loads.
Realizing the Authority can cite licensed haulers for uncovered
loads, but not the homeowner, Ms. Glazier recommended that
a card be made up to give to homeowners to remind them of
their obligation to cover their loads when delivering waste
to the landfill. She asked if the Board would consider such
a step be taken.
Mr. Ebel said that he would ask the staff
to address the issue.
Mr. Warner noted that
Ms. Glazier's suggestion was a good one, and agreed that it
was a challenging matter to regulate the occasional homeowner/customer
who may not be aware of the requirement to cover their loads
when delivering waste to any facility owned/operated by the
Authority.
Ms. Hammel noted that
the Authority could also communicate with the municipalities,
and ask them to publish some guidelines in their newsletters.
Cabell Kladky (109 Chestnut
Grove Road, Conestoga) reiterated that she would like to work
with the Authority towards a solution in regards to the Authority
and PALE. She expressed her concern about more public input
and debate on the issue of re-using Creswell, expressed her
desire for an April meeting in Manor Township with all three
supervisors present, and questioned the Authority's timing
on the vote to exercise the options before the lawsuit is
heard in court.
Bob Boyer (43 Knollwood
Drive, Millersville) expressed regret that, being a new member
of the Citizen Advisory Committee, he missed the first meeting,
noting that he would have voted against the re-use of Creswell
at that time. He suggested the Authority wait until it gathered
more information, and for the outcome of the trial, before
moving ahead with the purchase of the Barley properties.
Erica Runkles (3348 River
Road, Conestoga) made some observations about the York County
Solid Waste Authority, their recycling rate and initiatives
and educational programs.
Leslie Osborne (109 Oak
Road, Conestoga) asked about how Manor Township Park would
be affected, if at all, by the re-use of Creswell. She questioned
whether the Township even wants the Park, and asked about
the monies the Authority says it spent to grade and landscape
the area for use as a Park.
Mr. Warner said that
the issue of the Park in regards to re-using Creswell would
be addressed in the future, and if the Township didn't want
the Park they could take steps to terminate the lease. He
also stated that staff would provide Ms. Osborne a copy of
the invoice(s) verifying that at least $286,000 was spent
by the Authority to grade the Park area.
Ms. Osborne asked about
Envirite, then read information about a landfill in Pottstown
that was denied a permit to ‘piggyback' a landfill.
She commented on waste that was bypassed, and asked if Conoy
Township got paid for wood incinerated at the Resource Recovery
Facility. She then read an excerpt from an article written
by Jim Warner that ran in an industry magazine.
Debbie Detwiler (485
Walnut Hill Road, Millersville) read a letter she had written,
noting she had also read it at the public meeting March 7th
in Manor Township. The letter expressed support for the Authority's
operations and its planning for the future of the Lancaster
community. She also noted that she had 39 signatures also
showing support for the Authority's operations.
Penn Glazier (269 Chestnut
Grove Road, Conestoga) referenced groundwater testing for
homes in the vicinity of the Landfill, and the costs associated
with the testing that was borne by citizens of Manor Township.
Mr. Glazier asked about LESCO, its structure, its purpose
and its relationship with the Authority. He also remarked
on the transactions between the Authority and Representative
Barley in general, and option payments made to Representative
Barley by the Authority.
Rhea Cosentino (232 Oak
Road, Conestoga) questioned whether the option agreements
could be exercised at a later date, encouraged the Board to
consider public comments on the subject, and expressed an
interest in hearing more discussion on the issue.
Ed Kladky (109 Chestnut
Grove Road, Conestoga) expressed his reservations about exercising
the real estate options on the Barley properties in regards
to their legality and timing. He stated his objection to not
having a meeting in Manor Township with all the Supervisors
present, and questioned the process by which options on the
land were acquired. He stated that if the Authority exercised
options on the land today, Manor Township would be opposed
to the Authority's operations in the Township far into the
future. He added that there is no will in the Township to
zone the land for excavation now, or in the future.
Lucy Lacy (1306 Hillcrest
Road, Lancaster) made a brief statement that was of insufficient
volume for the tape to record.
Kevin Stewart (720 Rohrer
Road, Manor Township) expressed his concern about the process,
that more questions need to be asked and more deliberations/public
comment heard. He also asked for more information and research
into the re-use concept. He stated that without the previous,
opposition to the Authority would likely exist into the future.
He also requested that a series of meetings be held that address
specific issues in regards to the re-use concept.
Ms. Lacy made a brief
statement that was of insufficient volume for the tape to
record.
Mr. May (100 Red Fox
Road, Millersville) asked that the Board not exercise the
options on the Barley property, and expressed an interest
in hearing discussion from the Board. (some of what Mr. May
said was of insufficient volume for the tape to record)
Ms. Glazier thanked Ms.
Detwiler for coming and sharing her views. She requested that
the vote on the options be delayed for a month or two, noting
some members of PALE wanted to wait 16 years and acknowledged
that not all members of PALE have the same timeline. She reiterated
that if the resolution was passed today, opposition in Manor
would extend into the future. She expressed a wish for more
dialogue, and that the municipality receive compensation for
having the landfill in the Township. She expressed concern
for the nature of the waste in Creswell, and a desire to see
environmental improvements made to the site, if and when possible.
Mr. Boyer said that he
didn't want to leave the impression with the Board that he
is against the Authority, noting he had appointed some of
the current board members when he was Commissioner. He said
he would like to work with the Board, but does not agree with
the Authority's current plans. He also said the Authority
had done an exemplary job, and that he would try to be a conduit
for public sentiment.
Ms. Kladky remarked that
it wasn't the landfill she objected to, it was the process.
Mr. Ebel called an end to the public comment,
and asked to hear the Executive Director's report.
EXECUTIVE DIRECTOR'S REPORT
- Mr. Warner reported on the following
Mr. Warner reported on
the property next to the Transfer Station adjacent to the
CFI property, noting they had closed on the property on March
14th. He noted that there was some groundwater contamination
on the CFI property that would require different levels of
treatment.
Mr. Kassees asked if
the tanks had been removed.
Mr. Warner said the tanks
were still there, and that discussions with the owner in regards
to liability issues needed to take place, and probably would
over the next few months.
Mr. Warner then reported
on legislation currently being considered to raise the $2.00/ton
environmental stewardship fee, paid by the waste industry,
to $7.00/ton. Those monies were intended to go toward recycling
initiatives but they were also channeled to fund the "Growing
Greener" program which supports a wide range of environmentally
focused programs, not just recycling. The recycling industry
wants to reclaim what they consider to be their share. There
is current discussion that the waste industry may become the
source of funding for the Growing Greener program on a permanent
basis, to which the waste industry is opposed.
Commissioner Shaub asked if the action
item pertaining to the Barley real estate could be addressed
next.
Resolution
No. 2002-1 - Mr. Warner began by observing
that there had been at least 20 public meetings on this subject since
November 2000: Authority Board meetings, Manor Township Planning Commission
meetings, Manor Township Zoning Hearing Board meetings, etc. Mr. Warner
noted that the Authority's consultant had recommended that the Barley
properties are necessary to preserve the option of re-using Creswell,
and that the Citizens Advisory Committee, by unanimous vote of those present,
had also recommended moving forward with re-using Creswell in their last
meeting.
Mr. Ebel reported to
the Board that he had conversations with all three County
Commissioners, and with Commissioner Shaub in particular;
Commissioner Shaub asked two questions. The first was if the
Authority had done a legal risk assessment regarding the possibility
of the court negating any purchase actions. Mr. Ebel reported
to the Commissioner that yes, the Authority had done a legal
risk assessment. The Commissioner's second question to Mr.
Ebel was whether the Authority had confirmed that Ed Goodhart
would definitely be able to attend a meeting in April, as
proposed by PALE. Mr. Ebel responded no, that had not been
definitely confirmed. Mr. Ebel reported that the Authority
attempted to get commitments from Ed Goodhart and Bob Aichele
to come to other meetings. Both were sent transcripts of the
February and March meetings, and both the February and March
meetings were set up with the knowledge of, and in cooperation
with, Manor Township.
Mr. Ebel went on to note
his appreciation of Mr. Boyer's input on the CAC, and the
Authority's commitment to improve on any initiative, i.e.
recycling, that would extend the longevity of the landfill.
Mr. Ebel stated that regardless of the action taken at the
meeting, that he was personally committed to working out the
next steps in a public and multi-lateral forum with the public,
PALE and the Manor Township Supervisors. Mr. Ebel
then asked for a motion to consider Resolution 2002-1.
Mr. Frost made a motion
to approve Resolution 2002-1.
Ms. Hammel seconded the
motion.
Mr. Ebel asked for questions
and comments from the Board.
Mr. Snoke asked how the
amount of dirt in the Barley properties was arrived at, and
by what methods.
Mr. Ebel deferred comment
to Mr. Wehler.
Mr. Wehler responded
that a grading plan was prepared for parcels 4 and 5 that
illustrated the final sub-grade elevations in topographic
contours, allowed for the future re-use of the site as agricultural
land and allowed for preserving the existing topography of
Fisherman's Run and drainage through the center of parcels
4 and 5.
Mr. Snoke asked if the
calculations were conservative.
Mr. Wehler said that
yes, calculations were conservative in that they allowed a
re-use of the property as agricultural. They sustain the current
elevation and conditions of the drainage of Fisherman's Run.
Mr. Snoke asked if the
landscaping and change in contours of the land would be acceptable
to the neighbors.
Mr. Wehler observed the
subjectivity of what would be considered acceptable, noting
that there would be an average change in elevation of 20'
over the entire parcel, as fully developed in an engineering
drawing. Mr. Warner noted that the existing agricultural structures
on the property would also be removed from the site.
Mr. Warner said that
to bring in dirt from a commercial source would cost approximately
double what the Authority would purchase the land for. Estimating
$4.50/ton for the 5 million tons necessary would be more than
$20 million, whereas the purchase price for the Barley properties
is approximately $10 million.
Mr. Snoke noted that
the Authority would have no control over the escalating price
for importing dirt/fill, but the Authority does keep control
of the situation by purchasing the land.
Mr. Warner agreed, adding
that the cost of importing dirt/fill is largely an issue of
transportation cost which would include the cost of fuel and
labor.
Mr. Snoke observed that
the cost of fuel is constantly fluctuating.
Mr. Warner further noted
that having the dirt/fill next door to the landfill is the
ability to avoid hundreds of thousands of trucks passing through
the neighborhood of Washington Boro.
Ms. Hammel asked for
reassurance that the land would also be necessary to meet
buffering requirements.
Mr. Wehler responded
that yes, new regulations from the DEP state that a new landfill
(that is not subject to grandfathering with the 300' buffer
requirement) would have to maintain a minimum 900' buffer
to the closest occupied dwelling. The Authority received a
letter from the DEP stating that they would qualify for grandfathering,
but that regulations are always subject to change, and that
purchase of the land would give the current and future Boards
of the Authority considerable flexibility in future buffer
regulations.
Mr. Wehler further noted
that a new requirement of waste management regulations state
that to obtain a permit, a harms/benefits analysis must be
done. The procedures for doing such an analysis are in their
infancy, but might evolve into a rigorous evaluation that
might be subjective, and involve buffer distances greater
than 900'. This further supports the necessity of acquiring
the land for their buffer-value alone. Mr. Wehler added that
other values to owning the land would include: storm water
re-routing, relocation of electrical power towers, soil availability
and the ability to control new residential dwellings being
built.
Mr. Kassees asked about
the depth of the topsoil in the area.
Mr. Wehler said the concept
called for stripping and stockpiling the upper 2' of soil,
topsoil and very good subsoil, excavating the deeper soils,
then returning the topsoil, allowing the land to return to
agriculture/open space.
Mr. Frost asked the Board
to reflect on the purpose of the Authority, that is, to dispose
of the waste generated in Lancaster County in an environmentally
safe manner, and its responsibility to plan for the future.
Mr. Frost commented on the need to keep options open for future
Authority boards, county commissioners, township supervisors,
etc. and that the time was appropriate to vote on the issue.
Mr. Snoke asked that
as the Board moves forward, that it work with Manor Township
and the local citizens. He observed that it was prudent to
decide now instead of waiting for a panic situation.
Mr. Houck asked about
the nature of the 1986 Zoning Hearing Board decision, and
whether it was consistent with the motion on the floor.
Mr. Brubaker stated that
the nature of the 1986 Zoning Hearing Board Decision (1986
Decision) was that of a government action and is subject to
change pursuant to the directive of Township Supervisors,
the Zoning Hearing Board or a court. Mr. Brubaker also noted
that the Authority feels that the language in the 1986 Decision
does not preclude using the Creswell tract for a landfill,
that the re-use concept is within the terms of the 1986 Decision.
Mr. May made a comment
the tape was unable to record.
Mr. Musser commented
that the Board is looking at this as a county issue, not a
municipality issue, and that the Board is looking out for
the future of everyone in Lancaster County.
Mr. Houck remarked on
his lunch with Board member Jesse Wood and John May, and a
separate conversation with Penn Glazier on the phone, stating
that though they didn't all necessarily agree, all were good
conversations. Mr. Houck cited his experience sitting on planning
commissions for 30 years, and that he was going to vote in
favor of the motion because he was convinced it was the right
thing to do for the future of the county.
Mr. Ebel called for the
vote and for the benefit of the record, asked members of the
Board to voice their vote individually.
Mr. Wood - Yes
Mr. Frost - Yes
Mr. Kassees - Yes
Ms. Hammel - Yes
Mr. Musser - Yes
Mr. Houck - Yes
Mr. Snoke - Yes
Mr. Rosier abstained, citing the fact that
this was his first meeting and hadn't been involved in the
deliberations long enough to make a decision.
Mr. Ebel
noted for the record that Resolution No. 2002-1
passed 8 in favor and 1 abstention.
Mr. Brubaker asked if
the Board would adopt a form resolution required for the Barley
tracts; this would affect the settlement by deed in lieu of
condemnation to avoid transfer taxes.
Mr. Ebel noted that there
are seven resolutions, one for each property, each with separate
property description and prices. The vote would include all
seven properties. Hearing no questions or comments from the
Board, Mr. Ebel called a vote.
The Board passed the resolution 9-0.
Mr. Warner noted that
due to a question by Evelyn Stehman at the Authority meeting
in Manor Township on March 7th in regards to deed restrictions
on particular parcels, talks were held recently between the
Authority and PALE's attorneys. This introductory meeting
assumed the purchase of the Barley tracts and conceptual visual
buffers/landscaping options were discussed. Mr. Warner also
stated that any settlement needed to be reached by three parties:
the Authority, Manor Township and PALE. Mr. Warner also remarked
on Mr. Glazier's previous comments in regards to Manor Township
paying for the cost of well testing, and Conoy Township's
host fee vs. Manor Township's host fee. Mr. Warner observed
that the Township agreed to cover the cost of well testing
as part of the host municipality agreement. He said that if
Manor Township was interested in exploring either of those
further, the Authority would be willing to listen. Mr. Warner
then read a recommendation to the Board for its consideration
"I recommend that the Board authorize and direct the
Executive Director and Solicitor use their best efforts to
negotiate an agreement with Manor Township, PALE and other
parties in the existing litigation in order to reach a fair
resolution of the dispute."
Mr. Kassees made the
motion, Mr Frost seconded the motion.
Ms. Kladky stated her
belief that the talks between the Authority and PALE were
to remain in confidence, noting the presence of a reporter.
Mr. Warner responded
that he was asking the Board to take an official position
as required, to get authorization to move forward with possible
negotiations.
Mr. Ebel asked the reporter
if he would simply report that the Authority authorized discussions.
Mr. Crable agreed, stating
that was all he had heard.
Mr. Frost called the
question and Mr. Ebel asked for a vote.
The Board unanimously approved
the recommendation.
FINANCE DEPARTMENT -
Ms. Olson reported on the following:
- LCSWMA Preliminary Results Actual
vs. Budget - All Programs for the Month ended February 28,
2002.
- LCSWMA Accounts Receivable Report
and Past Due Detail Analysis as of February 28, 2002.
- Approval of Disbursements
- On motion by Mr. Wood, second by Ms.
Hammel and unanimous vote, the Summary of Disbursements
for February 2002 in the total amount of $4,658,134, January
2002 in the total amount of $3,706,554 and December 2001
in the total amount of $3,567,847 were unanimously approved.
- Auditor's Report
- Krista Weisser, Trout Ebersole & Groff, LLP presented
the audited LCSWMA Financial Statement Years ended December
31, 2001 and 2000. The Management Letter was also reviewed.
After discussion and motion by Mr. Kassees,
second by Ms. Hammel and unanimous vote,
the Board accepted the audited financial statement as presented.
- Ms. Hammel thanked
Ms. Olson and her staff for their hard
work during the audit.
ADMINISTRATIVE SERVICES
DEPARTMENT - Mr. Lausch reported on the following:
- Summary Tonnage Report
- During February, total revenue tons received were 39,240,
or 3.64% ahead of budget. The Resource Recovery Facility
received 28,505 revenue tons which was as budgeted. Revenue
tons to the Landfill were 10,666 tons, or 13.88% ahead of
budget. Total system tons year-to-date are 85,080 or 9.9%
ahead of budget.
- Solid Residual Waste
- New three-year Waste Services Agreements were entered
into with Bollman Hat Company, M&M Mars and Sunline
Coach. Annual revenue from these accounts is projected to
be $55,000.
- Liquid Residual Waste
- During February, the Liquid Treatment Plant received 598,232
gallons of waste. Revenues were $33,125 or $11,510 more
than budgeted. The additional revenue was the result of
event business from the Armstrong Ceiling Plant.
- Recycling - In conjunction
with the municipal recycling coordinators, the Authority
is collecting data for the 2001 DEP Annual Recycling Report
and 904 Grants.
- The first full month of operation
of the Authority's Transportation Compliance Plan (TCP)
was completed in February. 72% of the warnings issued were
for lack of or non-conforming signs.
- Resolution
No. 2002 - 2 - On motion by Mr. Frost, second by Mr. Wood
and unanimous vote, the board adopted Resolution No. 2002-2 reappointing
Barbara Hammel to the Government Self-Insurance Fund Board of Directors
for a five-year term expiring on December 31, 2006.
OPERATIONS DEPARTMENT
- Mr. Zorbaugh reported on the following:
- Administrative
- A used compactor has been located to replace the unit
that was destroyed by fire in January. The machine is used
to process wood at the landfill.
-
Landfill/Resource Recovery
Facility - The new Weighmaster program was installed
at these facilities in February. The transition went very
smoothly. Cindy Pringle, Information Systems Manager,
provided extensive training of site personnel.
-
Landfill - The Frey
Farm Facility was inspected by PaDEP on February 25th.
There were no operational violations found during the
inspection.
-
Transfer Station
- Weighmaster training began on the new scalehouse program.
Staff have been gathering information on tare weights
and other data that will allow for improved traffic within
the facility.
-
Resource Recovery Facility
- B&M Scale completed the installation of new decking
on the inbound scale. The new decking is a heavier gauge
steel and should last longer than the 11 years of the
original decking.
-
Safety - There were
no notable accidents to report at any of the facilities
in February.
-
Safety Performance Systems has
prepared an index of the Authority's safety performance
over the last two years. Their data collection shows the
following:
- The Authority's lost time
cases are below the national average within our SIC
Code (sanitary services) and equal to the national average
for all industry.
- The Authority's total recordable
cases rate is also below average within our SIC Code,
but above the national average when compared to all
industry.
- Award Bid for Lubricants
- On motion by Mr. Kassees, second by Mr. Musser and unanimous
vote, the Board approved the award of the contract for the
purchase of lubricants to PPC Lubricants, Inc. for the period
of May 1, 2002 through April 30, 2003.
- Award Bid for Tires and Tire
Service - On motion by Mr. Frost, second by Ms.
Hammel and unanimous vote, the Board awarded the contract
for Tires and Tire Service to the following low bidders:
- Award the contract for New
Tires, Retread Trailer Tires, and Truck Tire Repairs/service
to H & F Tire Service, Inc.
- Award the contract for Construction Equipment Tires,
and Construction Equipment Tire Service to Service Tire
Truck Center, Inc.
- Purchase of a New Straw Mulcher
- On motion by Mr. Houck, second by Mr. Snoke and unanimous
vote to award the contract for the Purchase of a New Straw
Mulcher to Wolbert & Masters, Inc. for the Bid Price
of $29,960.
- Purchase of a New Track Dozer
and Sale of Used Caterpillar D8R Track Dozer -
On motion by Mr. Wood, second by Mr. Frost and unanimous
vote the Board awarded the contract for the purchase of
a new track dozer to Cleveland Brothers Equipment Company,
Inc. and exercise the guaranteed buyback on the used machine.
- Purchase of four (4)
Tandem Axle Truck Tractors and the Trade of Three (3) Truck
Tractors - On motion by Mr. Frost, second by Ms.
Hammel and unanimous vote the Board awarded the contract
for the purchase of four (4) new truck tractors and the
trade of three used tractors to the low bidder, Hollinger
Mack for a total contract price of $248,985.
RRF CONTRACT ADMINISTRATION DEPARTMENT
- Mr. Forster reported on the following:
- Site Operations -
Electric revenues for February were $1,025,833, or $72,833
ahead of budget.
Covanta processed 29,273 tons of waste in February, a 9%
drop from last month due to three fewer operating days in
the month.
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