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HomeMy WebLinkAbout04/01/1997 - Regular Minutes - BVSWMAMINUTES BRAZOS VALLEY SOLID WASTE MANAGEMENT AGENCY April 1, 1997 Bryan City Hall Training Room BOARD MEMBERS PRESENT: Mayor Lonnie Stabler; Tom Brymer, College Station Assistant City Manager; Mike Conduff, Bryan City Manager; Rick Conner, Bryan Public N Works Director; Skip Noe, College Station City Manager. OTHER PRESENT: Bill Angelo, BVSWMA Executive Director; Glenn Schroeder, College Station Finance Director. AGENDA ITEM 1: Call to Order Mayor Stabler called the meeting to order at 1:35 p.m. AGENDA ITEM 2: Consider the minutes of the January 7, 1997 Board Meeting. Mr. Brymer made a motion to approve the minutes. Mr. Conduff seconded the motion. The Board unanimously approved the motion. AGENDA ITEM 3: Consider the audit of financial statements for the Brazos Valley Solid Waste Management Agency for the 1995/96 fiscal year as prepared by Ingram, Wallis & Company. Mr. Schroeder briefed the Board on this item stating that the audit represented an unqualified opinion and that no management letter had been prepared as there were no irregularities discovered. Mr. Conduff made a motion to accept the financial audit. Mr. Noe seconded the motion. The Board unanimously approved the motion. AGENDA ITEM 4: Consider amendments to the contract between BVSWMA and HDR Engineering for the Planning, Site Selection, Design and Permitting of a New Solid Waste Disposal Facility. Mr. Angelo briefed the Board on this item recommending changes in the HDR Contract to reflect additional services related to meetings with local elected officials, property owners and area residents, elimination of the legal services provided under the contract, and requiring an update of fee estimates upon conclusion of the fatal flaw analysis. After some discussion a motion was made by Mr. Noe, seconded by Mr. Brymer to approve the amendments. The motion carried unanimously. AGENDA ITEM 5: Consider an agreement with Lloyd, Gosselink, Fowler, Blevins and Matthews, P.C. for legal services relating to the permitting of a new disposal facility. Mr. Angelo briefed the Board on this item stating that the proposed agreement would provide for legal services related to the permitting of a new disposal facility as directed by BVSWMA based upon an hourly rate for legal services and a schedule of rates for reimbursable expenses. Mr. Angelo also reported that a specific scope of services would be developed over the next few weeks upon consultation with the new College Station City Attorney and the Engineering Consultant. Mr. Noe pointed out that the law firm was currently representing another client in litigation against the City of College Station and suggested that the law firm provide some type of documentation to assure that they would not use any information they garner from this engagement against either the City of College Station or the City of Bryan. Mr. Conduff also expressed concerns about a potential conflict of interest on the part of the law firm. A motion was made by Mr. Noe, seconded by Mr. Brymer to approve the agreement with Lloyd, Gosselink, Fowler, Blevins and Matthews, P. C. for legal service related to the permitting of a new disposal facility contingent on the following items: that a formal scope of services be developed and presented by the next Board meeting; and that the law firm develop and file a document which stipulates that they will not use any information garnered as a result of their arrangement against the cities of Bryan and College Station. The motion was approved unanimously. AGENDA ITEM 6: Consider authorizing the BVSWMA Executive Director to negotiate an agreement with John M. Hamilton, Inc. for services related to the acquisition of real property. Mr. Angelo briefed the Board on this item stating that BVSWMA had received a proposal from Mr. Hamilton for these services but was uncomfortable with the manner in which the payment for these services was currently structured. Mr. Conduff expressed some concern about the expense associated with paying a realtor on a percentage of purchase price basis. Mr. Noe expressed some concern relative to using John Hamilton on the acquisition end of the project rather than the appraisal end of the project should condemnation be required. Mr. Noe suggested that the Board postpone further discussion on this item until after the property acquisition item included in the scheduled Executive Session is considered. Mr. Angelo also suggested that discussion on Item Seven be postponed until after the Executive Session. The Board agreed with that suggestion. AGENDA ITEM 8: Receive a report on groundwater monitoring activities at the Rock Prairie Road Landfill. Mr. Angelo briefed the Board on this item pointing out that the last three groundwater monitoring sampling events had indicated low levels of organic volatiles in monitoring well 4 and relatively high levels of beryllium and nickel in monitoring wells 8 and 11. Mr. Angelo discussed the potential sources of the contamination indicating that the metal detected in monitoring wells 8 and 11 could not be coming from the landfill and may be naturally occurring or resulting from some other source. Mr. Angelo outlined plans to address these problems. No action was taken on this item. AGENDA ITEM 9: Receive a report and consider further action on Solid Waste Legislation filed as of March 14, 1997. Mr. Angelo briefed the Board on this item stating that there had been sixty pieces of legislation filed in the Texas Legislature; however, all of these bills are pending in various committees. After discussing specific legislation Mr. Angelo presented a recommendation to support, oppose and take no action on certain pieces of legislation. a Motion was made by Mr. Conduff, seconded by Mr. Noe to accept the staff's recommendation. Motion carried unanimously. AGENDA ITEM 10: Board Member Comments Mayor Stabler suggested that this item be postponed until after the Executive Session. AGENDA ITEM 11: Director's Report Mayor Stabler suggested that this item be postponed until after the Executive Session. AGENDA ITEM 12: EXECUTIVE SESSION: The Executive Session is pursuant to the provisions of the Open Meeting Law, Chapter 55, Government Code, Vernon's Texas Codes Annotated. A. Property Acquisition The Board adjourned to Executive Session at 2:15 p.m. The Board resumed Open Session at 2:40 p.m. AGENDA ITEM 13: Possible Action on Executive Session, if necessary No action was taken in the Executive Session AGENDA ITEM 6: Consider authorizing the BVSWMA Executive Director to negotiate an agreement with John M. Hamilton, Inc. for services related to the acquisition of real property The Board resumed discussion on this item. A motion was made by Mr. Noe, seconded by Mr. Conner to authorize the BVSWMA Executive Director to negotiate up to $10,000 with whoever he chooses for the purpose of acquisition of the property. The motion carried unanimously. AGENDA ITEM 7: Consider appointments to the Site Selection Citizens Advisory Committee. The Board resumed discussion on this item. A motion was made by Mr. Noe, seconded by Mr. Conner to appoint County Commissioner Tony Jones to the Committee and to provide a courtesy notice of such appointment to the County Judge. The motion carried unanimously. AGENDA ITEM 10: Board Member Comments. ^� Mr. Conduff raised a question relative to the status of "News From the Pit". Mr. Angelo explained that the report had not been prepared recently. Mr. Conner requested that the staff attempt to send out the agenda packets a little sooner given the length of the agendas that have resulted from the switch to quarterly meetings. Mayor Stabler asked when the change over for the Board Chairmanship would occur. Mr. Angelo stated that would occur during the May meeting. AGENDA ITEM 11: Directors Report • Mr. Angelo updated the Board on a controversy brewing with the contractor of the Fill Sector 13 Development Project, Galin Corporation. The contractor has submitted a claim for additional work which in staff's opinion was included in the original base bid. The College Station Legal Department has reviewed the claim and related documents and has indicated that the claim is not valid under the contract. • Mr. Angelo reported that the EPA has finally released the new Financial Assurance requirements and that we will probably ask HDR Engineering to assist us with the recalculation of our liabilities and preparation of the appropriate documents in order to meet the compliance deadline of April 9, 1997. • Mr. Angelo reported that we will be working on a permit modification to revise the Fill Sequence Plan in order to close out certain areas of the landfill in future years and that staff has asked HDR to convert design plans over to the new topography maps obtained earlier this year from United Arial Mapping. • Mr. Angelo reported that BVSWMA was involved in discussions with Young Contractors relative to a potential lease of 5 acres for a concrete batch plant. • Mr. Angelo reported that he had been contacted by representatives from the Charter Landfill in West Texas relative to disposing of our waste at their facility but that it does not appear that such an endeavor would be cost effective. • Mr. Angelo reported that the Rock Prairie Road Landfill had received its annual inspection from the TNRCC and has been found to be in general compliance. • Mr. Angelo reported that the results of our Tier II Test for landfill gas indicates that we will probably not have to install a gas collection system at the Rock Prairie Road Landfill which will result in savings in excess of $750,000. UT -0911W.111 U-97019 The Board adjourned at 3:20 p.m.