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Resolution
No. 2001-1
BACKGROUND: Pursuant
to the Solid Waste Management Act (Act 97 of 1980) and the
Municipal Waste Planning and Waste Reduction Act (Act 101
of 1998), Lancaster County is responsible for planning for
the proper storage, collection, transportation, processing
and disposal of municipal solid waste generated in Lancaster
County.
In carrying forth its obligations to
provide adequate facilities for disposal of solid waste generated
by Lancaster County residents and businesses, the Lancaster
County Commissioners proposed and adopted the 1986 Lancaster
County Solid Waste Management Plan (the "1986 Plan"). Following
adoption of the 1986 Plan by the Lancaster County Commissioners,
the 1986 Plan was (a) adopted by the governing body of each
municipality within Lancaster County and (b) approved by the
Pennsylvania Department of Environmental Protection. The 1986
Plan has been updated by the Lancaster County Municipal Waste
Plan 1990 (the "1990 Plan") and the Lancaster County Municipal
Waste Plan 1999 (the "1999 Plan"). The 1990 Plan and the 1999
Plan were also duly approved by the Lancaster County Commissioners
and by the Pennsylvania Department of Environmental Protection.
The 1986 Plan, the 1990 Plan and the
1999 Plan (collectively the "Plans") provide for a comprehensive
and integrated County-wide system for solid waste management
("System") which includes (a) a resource recovery facility
for incineration of solid waste and generation of energy,
(b) landfill facilities, (c) a transfer station, (d) a recycling
program and (e) a household hazardous waste program.
The objectives of the Plans are (a) to
provide an integrated system for the effective, efficient,
reliable and environmentally safe storage, collection, transportation,
processing and disposal of solid waste generated by Lancaster
County residents and businesses, (b) to conserve landfill
usage (and preserve farmland) by reducing the volume of solid
waste by maximizing recycling and by incineration of combustible
waste which is not recycled and (c) to maintain Lancaster
County's self-sufficiency and independence through public
ownership and control of the facilities which are needed to
dispose of solid waste which is generated in Lancaster County.
The Plans are founded in the decisions
of the County Commissioners and the governing bodies of each
municipality that it is in the public interest for solid waste
management and disposal to be a public function. The Lancaster
County Solid Waste Management Authority ("LCSWMA") was established
for the purpose of providing, and its mission and responsibility
is to provide, the specialized knowledge, technical competence
and administrative expertise for the effective, efficient,
reliable and environmentally safe storage, collection, transportation,
processing and disposal of solid waste generated within Lancaster
County. Under the Plans, LCSWMA is designated as the public
agency which is responsible to fulfill all of the County's
rights, duties and obligations for planning for solid waste
disposal; and pursuant to an agreement with the County which
is for a term ending December 31, 2030, LCSWMA has the responsibility
to provide long-term planning for the proper processing and
disposal of solid waste generated within Lancaster County.
In addition, LCSWMA is responsible for implementation of the
Plans, including being responsible for designing, financing,
constructing and operating the System.
One of the principal components of the
System is a landfill.
The available capacity of the existing
Frey Farm Landfill is projected to be exhausted by the year
2020. Under existing agreements, LCSWMA's obligations to provide
an integrated solid waste disposal system for Lancaster County
continue until at least 2030. There is no technology or process
currently available, or foreseeable, which would eliminate
the need for future landfill capacity, and LCSWMA believes
that landfill capacity will be required for disposal of solid
waste generated by Lancaster County residents and businesses
following exhaustion of the existing Frey Farm Landfill. Therefore,
in August 1999, LCSWMA began the process of planning for facilities
which will be needed following exhaustion of the Frey Farm
Landfill. In connection with LCSWMA's planning process, LCSWMA
asked ARM Group, Inc. ("ARM") to consider alternatives such
as the feasibility of expansion of the existing landfill and
alternative locations for a new landfill.
ARM conducted a comprehensive evaluation
of all Lancaster County to determine what locations would
be suitable for a landfill. ARM identified four other sites
which appear to satisfy the technical criteria for a landfill.
However, ARM advised LCSWMA that none of the alternative sites
compared favorably with the apparent feasibility and cost
-efficiency of the Creswell properties. ARM, therefore, concluded
that expansion of the existing landfill is the best long-term
alternative and clearly preferable to locating at another
site. LCSWMA's Board of Directors agrees with ARM's conclusions.
LCSWMA 's Board of Directors believes
that its responsibility for long-term planning includes LCSWMA's
acquiring rights and options to purchase properties which
in the future may be needed by LCSWMA. Therefore, on June
16, 2000, LCSWMA's Board of Directors adopted a Resolution
which authorized LCSWMA's entering into negotiations to acquire
options to purchase properties which may in the future be
needed by LCSWMA. Following the June 16, 2000, meeting, LCSWMA
proceeded with negotiations to obtain options to purchase
properties owned by the Barley family. Those negotiations
resulted in proposed Agreements whereby LCSWMA acquired options
to purchase nine (9) tracts of land containing approximately
345 acres which are adjacent to LCSWMA's existing landfill
facility. On November 17, 2000, LCSWMA's Board of Directors
reviewed the proposed agreements and determined that entering
into the agreements was appropriate and necessary in connection
with LCSWMA's obligation to provide long-term planning for
Lancaster County's solid waste disposal system. LCSWMA's Board
of Directors therefore approved entering into the proposed
agreements. On November 17, 2000, LCSWMA's Board of Directors
also reconfirmed LCSWMA's commitment to take appropriate actions
so as not to adversely affect LCSWMA's neighbors, including
entering into negotiations to purchase properties which in
the future may be needed by LCSWMA in connection with, or
which might be affected by, expansion of LCSWMA's facilities.
LCSWMA's decision to acquire properties
adjacent to the existing landfill is founded upon the facts
that (a) LCSWMA's mission and responsibility is to provide
long-term planning for the proper processing and disposal
of municipal solid waste generated within Lancaster County;
(b) there is no technology or process currently available,
or foreseeable, which would eliminate the need for future
landfill capacity; (c) landfill capacity will be required
for disposal of solid waste generated in Lancaster County
upon exhaustion of the existing Frey Farm Landfill; and (d)
if landfill capacity for disposal of solid waste generated
in Lancaster County is to be located within Lancaster County,
the best site would be adjacent to the existing landfill and
preferable to relocating to another site.
The Regulations of the Department of
Environmental Protection currently require that the application
process for a landfill expansion cannot commence sooner than
five years prior to the projected closure date of an existing
landfill. Because current projections indicate that LCSWMA's
existing landfill capacity will not be fully utilized until
2020, an application for continuation of the existing landfill
is not being considered at this time.
Whether it is appropriate for LCSWMA
to continue operations in Manor Township following utilization
of the Frey Farm Landfill will be determined in the future,
and under current projections, not prior to 2015. These future
decisions will involve LCSWMA's utilization of the best technology
which is then available and LCSWMA's having to comply with
the then current Regulations of the Department of the Environmental
Protection and whatever zoning is then in effect (including
LCSWMA's securing any required approvals from the Manor Township
Zoning Hearing Board). The ultimate decisions as to continuation
of LCSWMA's existing operations or relocation to another site
(whether in Lancaster County or elsewhere) will be made, and
should be made, by persons who at that time are responsible
for decisions of that nature. However, the essence of planning
is preserving options for future decision makers. Based upon
LCSWMA's expertise, its knowledge of the solid waste industry
and its experiences (both financially and operationally) with
the Frey Farm Landfill, LCSWMA believes that entering into,
and proceeding with, the transactions pursuant to the option
agreements to acquire property owned by the Barley Family
are appropriate and reasonable. Whether this property is used
for landfill purposes will be determined in the future. If
this site is ultimately approved and utilized as a landfill
for disposal of solid waste generated by Lancaster County
residents and businesses, LCSWMA is confident that the value
to LCSWMA and to residents of Lancaster County will be many
times the purchase price and that this expenditure will have
been a very good investment. If this site is ultimately not
approved to be used to serve Lancaster County's future disposal
needs, then the value will depend upon real estate values
at that time. LCSWMA firmly believes that this risk and potential
cost is worth the advantage of preserving this alternative
for future decision makers.
As stated in LCSWMA's November 17, 2000
Resolution, LCSWMA is committed to being a good neighbor and
to taking appropriate actions so as not to affect its neighbors,
including entering into negotiations to acquire on behalf
of LCSWMA, agreements to purchase, or agreements which will
grant LCSWMA the option to purchase, properties which in the
future may be needed by LCSWMA in connection with, or which
might be affected by, expansion of LCSWMA's facilities. The
very existence of the agreements whereby LCSWMA may purchase
the properties owned by the Barley family, whether or not
exercised and whether or not the current zoning remains "E"
or is changed to "A", may be perceived as affecting the fair
market value and ability to sell other nearby properties.
LCSWMA has therefore extended offers
to persons who own properties which are a part of, or adjacent
to, the property which LCSWMA believes will be needed in the
future for continuation of its existing operations.
THEREFORE, IT IS HEREBY RESOLVED:
1. There are nine properties which might
be needed by LCSWMA in the future for continuation of its
existing operations. The agreements as presented to this meeting
relate to LCSWMA's purchasing four of the nine properties.
These agreements provide for a purchase price which recognizes
that these properties may be needed for continuation of the
existing landfill. LCSWMA's Board of Directors hereby approves
LCSWMA's entering into the proposed Agreements as presented
to this meeting (relating to the properties owned by Larry
R. Fasnacht and Darlene M. Fasnacht, Henry D. Hank and Laura
A. Hank, Ralph G. Nissly and Carol A. Nissly, and William
M. Wallick, Jr. and Peggy Ann Wallick), such Agreements to
be signed on behalf of the Authority by the Chairman or Executive
Director. LCSWMA's Board of Directors hereby authorizes and
directs the Executive Director to continue in effect the offer
to acquire upon similar terms the other properties (owned
by Michael D. Bare and Donna M. Bare, Jay E. Brenner and Roberta
K. Brenner, Edward D. Kladky and Cabell L. Kladky, Robert
E. Neff and Catherine E. Neff, and Richard Stehman and Evelyn
B. Stehman) which might be needed by LCSWMA in the future
for continuation of its existing operations.
2. There are 32 properties (23 with improvements)
as described in the attached Exhibit 1 which adjoin LCSWMA's
property or which might be affected by LCSWMA's operations
and activities. An agreement as presented to this meeting
relates to one of these properties (owned by Stearl E. Kaylor).
This Agreement provides for a purchase price not less than
fair market value (i.e., fair market value is determined without
regard to any affect which LCSWMA's operations and activities
might have on the property). LCSWMA's Board of Directors hereby
approves LCSWMA's entering into the proposed Agreement as
presented to this meeting (such Agreement to be signed on
behalf of the Authority by the Chairman or Executive Director);
and LCSWMA's Board of Directors hereby authorizes and directs
the Executive Director to continue in effect the offer to
acquire upon similar terms the other properties listed on
Exhibit 1.
3. The offers described in paragraph
1 and paragraph 2 above may be withdrawn by LCSWMA at any
time and LCSWMA shall have no legal obligation with respect
to such offer unless and until the offer is accepted in writing
by the owner of the property and, following such acceptance,
approval by LCSWMA's Board of Directors.
4. The Executive Director is authorized
and directed to take all actions which are appropriate or
necessary to carry forth the provisions of the Agreements
hereby approved by LCSWMA's Board of Directors; and
5. The Executive Director, together with
the solicitor, is authorized and directed to continue with
all actions which are appropriate or necessary in connection
with carrying forth the provision of this Resolution.
ADOPTED this 16th day
of February, 2001
LANCASTER COUNTY SOLID WASTE MANAGEMENT
AUTHORITY
BY William K. Ebel, Jr., Chairman
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