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.