Minutes of
the Board of Directors Meeting
September 13, 2002
NOTE: PUBLIC COMMENT WAS ENTERTAINED
THROUGHOUT THE MEETING The Board
of Directors of the Lancaster County Solid Waste Management
Authority met on Friday, September 13, 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, and Wood.
Absent was Snoke. Staff present were: Warner, Forster, Lausch,
Norris, Olson, Zorbaugh and Dougherty. Also present were:
Solicitor George T. Brubaker of Hartman Underhill & Brubaker;
Jim Klecko, Covanta Energy; Ad Crable, Lancaster New Era;
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 August 16, 2002 meeting.
Mr. Frost moved that the minutes be approved. Mr. Wood seconded.
Mr. Ebel called a vote; the motion passed unanimously.
PUBLIC COMMENT
Mr. Ebel opened the meeting for public
comment. Members of the public who wished to speak were asked
to step to the podium so that the comments would be recorded
from the microphone.
Cabell Kladky (109 Chestnut Grove Road)
asked about the plan for the properties purchased by the Authority
in proximity to the Landfill.
Mr. Warner replied that the Authority
hoped to develop a plan that would outline the Authority's
interest in the properties and what course of action applied
to each one.
Ms. Kladky asked about public input into
the plan.
Mr. Warner said it would be presented
in draft form at a board meeting, and available for public
comment at that time.
Ms. Kladky asked about public input before
the plan was drafted.
Mr. Warner replied that if members of
the public had their own ideas in regards to the properties,
they were welcome to submit them before the plan was drafted.
Ms. Kladky expressed concern about the
Authority buying properties it didn't need.
Mr. Warner replied that the Authority
didn't intend to be actively involved in real estate in the
landfill area, exclusive of property included in the Consent
Order, unless a need presented itself.
Ms. Kladky asked about how many trucks
went from the transfer station to the landfill.
Mr. Warner replied that the amount of
trucks varied.
Mr. Zorbaugh added that it could be an
average of anywhere between 4 and 25 trucks per day.
Ms. Kladky asked about the type of waste
in the trucks.
Mr. Zorbaugh answered that they carried
municipal waste or construction/demolition waste.
Ms. Kladky asked why municipal waste was
going to the landfill.
Mr. Warner answered that it was by-pass
waste.
Ms. Kladky asked if out-of-county deliveries
were made to the transfer station.
Mr. Warner replied that they weren't.
Ms. Kladky asked about how deliveries
to the transfer station were recorded.
Mr. Warner answered that the waste coming
to the transfer station is recorded by waste type (refuse
or construction/demolition), as well as its originating municipality
and the hauler.
Rhea Cosentino (232 Oak Road) asked if
the Liquid Treatment Plant (LTP) had been discontinued.
Mr. Warner replied that it had been, and
that regular customers had been notified. Mr. Warner noted
that a few loads were accepted (in August) from Armstrong
Ceiling Plant who had experienced an emergency situation.
Mr. Zorbaugh added that five loads came
from Armstrong Ceiling Plant.
Mr. Warner said that as of July 1st, no
liquid wastes had been received. Mr. Warner added that if
an emergency arose with a regular customer needing to dispose
of liquid waste, the Authority might accept it, if the plant
could process the load economically.
Ms. Cosentino asked if Turkey Hill had
been notified of the LTP's closing.
Mr. Warner replied that Kline's, who services
Turkey Hill, had been notified.
O.W. Lacy (1306 Hillcrest Road) commented
on his personal knowledge of, and commitment to, the Lancaster
Malleable property. He expressed his opinion that should the
Authority purchase the property, it would be a good thing
for the community if it were included in a possible "greenway
plan" along the Little Conestoga.
Mr. Warner replied that the Authority
had also considered the opportunity, and would work with East
Hempfield and Manheim Township.
Mr. Ebel recommended that Dr. Lacy talk
to John Ahlfeld, the Executive Director of the Lancaster Intermunicipal
Committee, as a possible resource for more information.
Mary Glazier (269 Chestnut Grove Road)
commented that she believed Turkey Hill was not aware of the
LTP's closing.
Ms. Glazier then asked about the tape
from the July Board meeting.
Mr. Warner said the public was welcome
to record the meetings themselves, but tapes made by the Authority
were not considered, by law, to be a public document.
Ms. Glazier indicated that she would make
a written request for the tape, so the Authority might provide
an explanation for why the tape was not considered a public
document.
Mr. Warner commented that the Authority's
position was consistent with that of surrounding municipalities.
Mr. Brubaker added that in the Commonwealth
court case, Tapco vs. Nevelle 1997 (cite 695 Atlantic second
460), a tape of a public meeting was found not to be a public
document.
Ms. Glazier requested that, given her
interest in it, the tape not be recorded over, or discarded.
Mr. Warner answered that the Authority
would not record over it.
CHANGE IN MEETING DATE
Mr. Ebel announced the date of the October
Board meeting was postponed from October 11, 2002 to October
18, 2002.
EXECUTIVE DIRECTOR'S REPORT - Mr.
Warner reported on the following:
- Hauler Agreements
- A meeting was held on September 10th with about 25 MSW
hauler representatives to discuss the new five-year Waste
Processing/Disposal Agreements. Agreements will be generally
the same with a few small changes that include:1) increasing
the maximum price for Refuse and C/D waste; 2) addressing
the new Act 90 $4.00 per ton Landfill surcharge; and 3)
offering a minimal discount for accounts that are prepaid.
New Agreements were mailed out on September 12th and signed
Agreements are due back by October 11th. Board Approval
of these agreements will be requested at the October 18th
Board Meeting.
- Lancaster Malleable Real
Estate - Lancaster Malleable has offered for sale
two tracts of land, comprising approximately 82 acres. The
Authority's interest in purchasing this property is based
on the fact that LARA, the precedent organization to LCSWMA,
operated a sanitary waste disposal operation on it from
1955 until at least 1962. The Authority's interest is to
control future use, thereby controlling liability associated
with waste materials disposed on the properties.
Ned Wehler, ARM Group Inc., completed
an Environmental Site Assessment report on the prior activities
of Lancaster Malleable at this location. Mr. Wehler presented
a synopsis of that report which concluded that there are
no substantive environmental risks associated with the
previous activity of Lancaster Malleable.
Ms. Kladky asked about environmental issues
regarding what LARA left on the property.
Mr. Wehler stated that to the best of
his knowledge, there was no information to indicate an environmental
problem.
Mr. Warner restated the Authority's goal
in purchasing the property - to ensure that the property was
not disturbed, to control the possible liability associated
with it, and to avoid someone else purchasing it and attempting
to develop it.
Mr. Ebel remarked that the downgradient
wells didn't indicate a problem.
Ms. Kladky asked if the wells were related
to LARA or Lancaster Malleable.
Mr. Wehler responded that they were associated
with Lancaster Malleable.
Ms. Glazier asked if there had been well
testing in regards to the LARA landfill.
Mr. Wehler said there had never been well
testing; that none had been required as the site closed in
1962. He noted that the site was not subject to monitoring
or solid waste regulation.
Ms. Glazier asked about the Authority's
investigation on the Lancaster Malleable property vs. the
LARA landfill.
Mr. Wehler replied that existing LARA
information had been assembled, reviewed and evaluated.
Ms. Glazier asked about the Lancaster
Malleable wells.
Mr. Wehler replied that drilling the wells
was part of their closure filing with DEP. After that, they
were permitted final, complete and clean closure.
Mr. Warner added that ARM Group Inc. was
asked to look at Lancaster Malleable because it involved waste
from a company unrelated to the Authority. The Authority wanted
to make sure it was not assuming an additional risk based
on Lancaster Malleable's activities.
Ms. Glazier asked about documents ARM
Inc. consulted.
Mr. Warner replied that the information
came from old maps and minutes.
Mr. Lacy asked about testing in the area
of Manheim Township.
Mr. Wehler replied that no testing had
been done in that area.
Mr. Warner commented that everything was
done in full cooperation and knowledge of East Hempfield Township.
Ms. Hammel moved that Resolution
No. 2002-7 be adopted. Seconded by Mr. Musser. Mr. Ebel
read Resolution No. 2002-7. Mr. Ebel called a vote; the motion
passed unanimously.
Standard and Poor's Rating
- S&P recently reviewed the Authority's current underlying
debt rating of "A-" and confirmed it. S&P also views the
outlook of the Authority debt as "stable" over the intermediate
and long term. Mr. Warner added that everyone should be
very pleased with their confidence in our system.
FINANCE DEPARTMENT - Ms. Olson
reported on the following:
- LCSWMA Preliminary Results Actual
vs. Budget - All Programs for the Month ended August
31, 2002.
- LCSWMA Accounts Receivable Report
and Past Due Detail Analysis as of August 31, 2002.
- Approval of Disbursements
- On motion by Mr. Frost, second by Mr. Rosier and unanimous
vote, the Summary of Disbursements for August 2002 in the
total amount of $3,685,538 were unanimously approved.
- Annual Audit for the year ended
December 31, 2002 - On motion by Mr. Wood, second
by Ms. Hammel and unanimous vote, the Board approved Trout,
Ebersole & Groff to perform the annual audit of the Authority
for the year ended December 31, 2002.
ADMINISTRATIVE SERVICES DEPARTMENT
- Mr. Lausch reported on the following:
- Summary Tonnage Report
- During August, total revenue tons were 50,367 and total
tip fee revenues were $2,878,459, both of which were more
than 5% over budget. Total MSW was 34,658 tons or 9.46%
over budget. The Resource Recovery Facility received 30,845
tons and the Landfill received 19,352 revenue tons. We have
now received 378,425 revenue tons year-to-date.
- Residual Waste
- During August, there were three Waste Service Agreements
completed. Three-year Agreements were signed with Brush
Wellman and Cryovac for the disposal of plant trash, and
with Sun Chemical for the disposal of their ink waste.
- Waste Transportation Safety
Program (WTSP) - As a service to our customers,
we downloaded the DEP's WTSP Municipal & Residual Waste
Transporter Authorization Application (license application)
and forwarded the information to those customers who have
trucks registered for more than 17,000 pounds and/or trailers
registered for more than 10,000 pounds. The deadline for
licensing is December 27, 2002.
- Municipal Waste Management
Ordinances & Licensing Agreements - With the assistance
of our Solicitor, we continue to review and update the model
Municipal Waste Management Ordinances. These model ordinances
are used by municipalities whether they establish a licensed
hauler or single hauler program for curbside collection
of refuse and recyclables. A licensing agreement with the
haulers is a component of many of the municipal curbside
programs, and since it appears that one of the intentions
of Act 90 is to reduce or eliminate the licensing requirements
imposed by municipalities on haulers now that the state
is licensing, we are also reviewing municipal licensing.
- Property and Casualty Insurance
Renewals - After review and on motion by Mr. Frost,
second by Mr. Wood and unanimous vote, the Board approved
the placement of the property and casualty insurance through
Murray Insurance Associates in accordance with renewal coverages
as listed:
-Property Coverage with
Hartford/Zurich for a premium amount of $466,500
-General Liability and Environmental
Coverage with AIG for a premium amount of $61,152
-Excess Umbrella Coverage with AIG
for a premium of $61,551
-Public Officials and Employment
Practices Liability Coverage with AIG for a premium of
$25,779
-Auto Coverage with St. Paul for
a premium of $50,649
-Crime Coverage with Hartford for
a premium of $1,278
-Worker's Compensation Coverage with
Guard for a premium of $126,261
The total premiums for all the coverages
this year is $793,170 compared to last year's premium of $614,375.
Overall, this is a 29% increase over last year.
OPERATIONS DEPARTMENT - Mr. Zorbaugh
reported on the following:
- Administrative
- Work continued on the 2003 Facility Budgets along with
Capital Equipment and Project Budgets.
Two employees represented the Authority
and the PA Chapter of SWANA at the SWANA International
Equipment Road-e-o in Cocoa Beach, Florida on August 22nd
and 23rd.
The Landfill Manager renewed his
SWANA's "Manager of Landfill Operations" Certification.
(MOLO) and the Assistant Manager obtained his MOLO certification.
In order to address the issue of
untarped vehicles traveling to the Frey Farm Landfill,
staff has installed a large sign at the entrance to the
facility stating all vehicles entering the facility are
required to be tarped. We have also worked with Bill Laudien
of Manor Township to include an article on tarping of
vehicles in their newsletter.
- Facility Operations
- All facilities operated well and within regulatory compliance
through the month of August.
At the Landfill, a concrete approach
slab to the inbound scale has been completed.
At the Resource Recovery Facility,
the average weight of RRF Ash Truck deliveries set an
all time high at 22.2 tons. The trucks remain in compliance
with weight limits and this increase in average weight
translates into less truck traffic to the landfill facility.
- Safety Program
- During the month of August, there were no notable accidents
to report at any of the facilities. The ECOPS met to review
site safety inspection logs, select new quarterly safety
training for the sites, and begin discussion on additional
safety incentives to the employees.
The red and green light system has
been installed in bays one and two at the Transfer Station.
- Purchase of Three New
Transfer Trailers - After review and on motion by
Mr. Houck, second by Mr. Musser and unanimous vote, the
Board awarded the contract for the purchase of three new
Aluminum Enclosed Ejector Transfer Trailers to Spector Manufacturing,
Inc. for the bid price of $142,044.
Ms. Glazier commented that she appreciated
efforts of the Authority staff to address the issue of untarped
loads. Ms. Glazier suggested that the percentage of untarped
loads be calculated.
Donna Bare (107 Chestnut Grove Road) remarked
that she appreciated that a sign was posted at the Landfill
with regard to untarped loads.
RRF CONTRACT ADMINISTRATION DEPARTMENT
- Mr. Forster reported on the following:
- Site Operations
- Electric revenues for August were $1,034,724, or $35,276
below budget. Revenues fell short due to several unscheduled
outages that affected each of the three units.
Mr. Forster explained that sometimes
a tube leak does occur because in the lower reaches of
the furnace the tubes are protected with insulation, not
with Inconel steel, and occasionally, due to the volatile
combustion in the furnace, insulation gets knocked off
and exposes a tube making it more susceptible to leak
development. Overall, despite the numerous tube incidents
during the month, the boilers still operated 92.4% of
the time.
- Regulatory Activities
- Mr. Weiss was not on site for an inspection during August.
Authority site personnel completed
required water sampling. A sample was taken from the stormwater
detention pond and sent to Analytical Laboratories for
testing. The sample is taken once per year following a
substantial rainfall event. A sample was also taken from
the facility's drinking water system. This sample was
also sent to Analytical Laboratories to test for total
coliform and nitrate. Results have not been received to
date.
- Other Activities
- A facility audit was completed by Pfizer in Lititz. The
audit went well, and Pfizer personnel were pleased with
what they observed.
Several representatives from the
York County Solid Waste Authority visited the RRF to learn
more about how the facility treats the secondary effluent
it receives from Elizabethtown's wastewater treatment
plant.
Craig Davis of R. W. Beck will visit
the RRF to do a plant audit on September 24 and 25.
Mr. Forster added that he has received
his Master's of Engineering Degree and thanked the Board
for the Authority's Education Policy.
TECHNICAL SERVICES DEPARTMENT - Mr. Norris reported on
the following:
CITIZENS ADVISORY COMMITTEE
The CAC did not meet during the last month.
The next meeting of the CAC will be held on October 23, 2002.
OTHER BUSINESS
Mr. Warner announced that Secretary Hess
of DEP plans to visit the Authority today at 10 a.m. to affix
Pennsylvania's first state WTSP licensing sticker on an Authority
truck. DEP chose the Authority because of our history of compliance,
as well as our being the first ones to have the application
to the Department on day one and done correctly.
Mr. Warner announced that there would
be an Executive Session to discuss a real estate issue and
a minor matter of litigation.
Ms. Kladky asked for specifics on the
Executive Session.
Mr. Brubaker replied that the litigation
was in regards to a bankruptcy in Lancaster.
Mr. Warner commented that the real estate
matter was one on which he needed the Board's guidance.
Ms. Glazier asked if the Board would reconvene
after Executive Session.
Mr. Ebel replied that he didn't anticipate
doing so.
EXECUTIVE SESSION
The Board went into Executive Session
at 9:20 A.M. to discuss a real estate issue and a minor matter
of litigation.
ADJOURNMENT
There was no other business to come before
the Board. On motion by Mr. Musser, second by Mr. Frost and
unanimous vote, the Board meeting adjourned at 9:50 a.m.
APPROVED BY THE BOARD OF DIRECTORS
OF THE LANCASTER COUNTY SOLID WASTE MANAGEMENT AUTHORITY THIS
18th DAY OF OCTOBER, 2002.
Lester O. Houck, Secretary
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