MINUTES AUGUST 11, 2011 DALLAS AREA MUNICIPAL AUTHORITY The August meeting of the Dallas Area Municipal Authority was held at 7:30PM on Thursday, August 11, 2011, at the DAMA Administration Building. Board Members present: Chuck Steever, Tim Carroll, John Oliver, and Kathy Sebastian. Other officials present: Attorney Benjamin R. Jones, III, Brent Berger of Quad Three Group, Attorney Jeff Malak of Jackson Township, Larry Spaciano, and Carol Kieser. Audience: Mr. Brian Koscelansky, Bond Counsel, Stevens & Lee, Scranton, PA Mr. Jeffrey Box, Kingston Township Vice-Chairman Chuck Steever called the meeting to order and a roll call of attendance was taken. Mr. Steever announced the DAMA Board of Director’s held an Executive Session on Wednesday, August 3, 2011, to discuss the acquisition of real property. No official action was taken. No audience comments were received. A motion was made by Mr. Carroll and seconded by Ms. Sebastian to approve the July 14, 2011 minutes as recorded. Motion withdrawn. The July 14, 2011 motion to purchase four, 31 cubic yard solid waste compactor trucks was discussed. Mr. Carroll made a motion to approve the minutes and to amend page three, paragraph three, to read “the purchase of three, 31 cubic yard sold waste compactor trucks and one, 10 cubic yard solid waste compactor truck”. Motion seconded by Ms. Sebastian and passed with all in favor. (Note: A motion must be made at the September meeting to rescind the July 14, 2011 motion to purchase the four, 31 cubic yard solid waste compactor trucks). Ms. Sebastian presented the wastewater collection, solid waste, and SEO invoices for payment. A motion was made by Mr. Oliver, seconded by Ms. Sebastian, and passed on a unanimous roll call vote. Page Two of Four August 11, 2011 Minutes Dallas Area Municipal Authority Larry Spaciano noted the following reports are submitted to the board for inclusion with the Treasurer’s Report, as reflected in the new agenda format: DAMA Bank Account Balances DAMA Bank Reconciliation Wastewater Collection July Profit/Loss Statement Solid Waste Division July Profit/Loss Statement DAMA Payroll Register Committee Reports Larry Spaciano reported the advertisement for an individual to fill the position of Solid Waste Division Coordinator has been placed in the Times Leader and the Citizens’ Voice for four consecutive Sunday publication. On suggestion of the board, an additional advertisement will be placed during the week for those who do not receive the Sunday edition. Executive Director’s Report Larry Spaciano reported on the Solid Waste, Recycling, and Composting Program. The trucks have been ordered and three financing proposals have been received. The VIN information from each truck is required to complete landfill permit applications thru DEP. A primary and alternate site to house the solid waste division is being investigated. Alan Rosen has been contacted to appraise the property. A committee consisting of Larry Spaciano, Mr. Carroll, Mr. Oliver, and Mr. Tupper was formed to review Mr. Rosen’s building appraisal, and investigate an alternate proposal to construct a building on DAMA property for the solid waste division, before the next board meeting. The process of completing the DEP permit application to operate DAMA’s composting program at SCI Dallas has begun. Senator Baker’s office has been contacted for possible future funding sources for a shuttle truck and compost containers. Grinding of yardwaste at the municipalities will continue as in the past until a shuttle container system to move material to and from the municipalities is in place. Larry Spaciano reported that 1131 ‘second notice” letters have been mailed by the DAMA office to customers with past due balances as of the 3rd quarter billing period. An update of the TekCollect secondary phase was given. Carol Kieser reported a letter was received from Lehman Township Municipal Authority requesting seven delinquent customers be submitted to TekCollect primary phase. Total of customers submitted to TekCollect is 540, including Lehman Township accounts. Currently 157, 180 day past due DAMA customers are in the secondary phase for collection. Page Three of Four August 11, 2011 Minutes Dallas Area Municipal Authority Larry Spaciano submitted the SCI Lease Agreement for the joint DAMA/SCI Dallas composing operation to the board for signature. The lease agreement is for five years and only requires DAMA supply the SCI-Dallas with wood chips for use with their food composting program. Attorney Malak advised the Board that Jackson Township zoning and planning approval is required for use of this parcel of land. Mr. Carroll voiced his reservation in signing the agreement prior to receiving zoning approval. Larry Spaciano explained that as the project is a cooperative effort between state and local government and carries the full support of Senator Baker’s office, no major problems with approval to use the site were anticipated. Brent Berger reported that he and a representative of Mid-Atlantic Geotech Services assessed the roadway into the site. The roadway is approximately 5000 feet from Follies Road to the proposed composting site and it was determined that the base of the road is adequate for traffic of the heavy equipment that will be used by DAMA to process the compost. There are a few areas along the SCI access road where potholes will need to be repaired and some trees may need to be trimmed away from the roadway. The compost site itself will require very little improvement before operation can begin. Security of the site will remain with the SCI-Dallas. A USGS map and roadway profile is attached to the Engineer’s Report. A motion was made by Ms. Sebastian and seconded by Mr. Oliver to approve and execute the SCI Lease Agreement between DAMA and SCI Dallas for the operation of DAMA’s yardwaste composting program on the 15 acre parcel of land at SCI Dallas in Jackson Township, contingent with Jackson Township planning and zoning approval. Motion carried on a unanimous roll call vote. Attorney Jones was instructed to write a letter for inclusion as part of the lease agreement. Engineer’s Report Brent Berger reported on the August 11, 2011 meeting he attended with Larry Spaciano and Ed Hann at DEP to discuss the periodic collection system surcharges. Summarizing, DEP has placed requirements onto DAMA to reduce I&I, meet with WVSA to discuss the present service agreement maximum flow threshold, investigate possible flow restrictions at the WVSA Loveland Avenue pump station in Kingston, and a make commitment to move forward with an Act 537 Plan to address a long term solution to the problem. A letter from DEP is forthcoming. The Board discussed the impact that sump pumps and other municipalities connected to DAMA via a service agreement have on DAMA’s flows, and the need to address these problems through inspections and in the Act 537 report. Brent Berger agreed, and suggested a committee be formed to review the 537 Plan Task Activity Report prior to PADEP submittal. Page Four of Four August 11, 2011 Minutes Dallas Area Municipal Authority Solicitor’s Report Attorney Jones reported that he had examined a document from 1987, at which time it was noted that a property on Woodtip Drive had a sewer main on the property with no recorded right-of-way. Attorney Jones will advise the current owner to contact the Abstract Company that performed the title search for the current owner for resolution. Attorney Jones did a review of the contract with TekCollect and reported that the secondary phase of collection does not have a time limitation. New Business Larry Spaciano presented a Resolution for Reimbursement to allow the Authority to reimburse to the general fund any costs or expenditures that may incur prior to the loan closing relating to the implementation of the solid waste, recycling, or composting services. Mr. Koscelansky explained that this resolution enables the Authority to use its reserve funds now, and reimburse these reserve funds with loan funds once the project financing is in place. Motion to approve the Reimbursement Resolution was made by Mr. Steever, seconded by Mr. Oliver, and passed on a unanimous roll call vote. Larry Spaciano reported on three bank proposals to finance the acquisition of real property and equipment relating to the implementation of a recycling and solid waste disposal project by DAMA. Mr. Oliver read a motion, prepared by Attorney Jones, to appoint Mark Van Etten as DAMA’s budget adviser for the preparation of the 2012 DAMA budget, and that he is compensated for such services at an hourly rate, not to exceed $50 per hour. Motion was seconded by Ms. Sebastian and passed a unanimous roll call vote. Mr. Oliver requested a copy of the final draft of the Jackson Township Collection Evaluation Report from Brent Berger and stated a meeting should be set up in the near future to discuss the status of the Memorandum of Understanding. No further business and meeting was adjourned at 8:50PM. Respectfully submitted: Timothy J. Carroll Secretary Dallas Area Municipal Authority