ULSTER COUNTY RESOURCE RECOVERY AGENCY
MINUTES OF THE REGULAR BOARD MEETING
on December 18, 2002


The Ulster County Resource Recovery Agency held a Regular Business Meeting on
December 18, 2002 at 999 Flatbush Avenue, Kingston, NY.

Roll Call for the Regular Board Meeting was at 3:00pm.

The following Board members were present: James Craven, James Pirro (arrived at 3:10pm), Jay Hogan, Andy Ghiorse (excused at 5:00pm) and Barney Hansen (excused at 5:00pm).

Also present was: Charles P. Shaw, Executive Director; Frank Tomaseski, Controller; Kelly Utter, Executive Secretary; and Stephen Wing, Esq., Agency Attorney.

PUBLIC COMMENT (no public comment was given)

COMMUNICATIONS & ANNOUNCEMENTS

The Annual Business Meeting has been scheduled for Wednesday, January 15, 2003 at 1:30pm.

The next Regular Monthly Business Meeting has been scheduled for Wednesday, January 15, 2003 at 2:00pm.

GENERAL REPORTS

The Board received and reviewed the MSW Tonnage Report, Recycling Tonnage Report and the Leachate Collection Report for January thru November, 2002. The Board received and reviewed the MRDC Reimbursement.

FINANCIAL MATTERS

The Board received and reviewed the Treasures Report for November, 2002 and the Pension Trust Assets Report as of 12/18/02.

Resolution No. 1688 – Re: Payment of Requisition No. 24 – Capital Expenditures;

This resolution authorizes and approves the payment of Capital Expenditures in the amount of $27,806.00 to be paid from the 2002A BAN.

MOTION to approve Resolution No. 1688 was made by Jim Pirro and seconded by Barney Hansen. Five in favor. None opposed.

Resolution No. 1689 - Re: Damage Repair – Insurance Fund;

This resolution authorizes and approves the payment of damage repair in the amount of $76,320.54 to be paid from the Insurance Reserve Account in the Insurance Fund.

MOTION to approve Resolution No. 1689 was made by Jim Pirro and seconded by Andy Ghiorse. Four in favor. None opposed. One Abstain (Hansen).

Resolution No. 1690 – Re: Using Interfund Transfers to Offset Interfund Balances as of 12/31/01;

This resolution authorizes interfund transfers as recommended by the Agency’s Auditors and Accountants.

MOTION to approve Resolution No. 1690 was made by Barney Hansen and seconded by Jim Pirro. Five in favor. None opposed.

Resolution No. 1691 – Re: Ratifying, Authorizing and Approving Binding and Paying Binder for Certain Insurance Policies;

This resolution ratifies, authorizes and approves the binding of certain insurance policies and ratifies the payment of the binder in the amount of $97,200.00.

MOTION to approve Resolution No. 1691 was made by Jim Pirro and seconded by Barney Hansen. Five in favor. None opposed.

Board Notification: Charlie distributed a memo from the Agency’s Financial Advisor describing the results of the 2002 Refunding Bond Sale.

Resolution No. 1707 – Re: Authorizing Transfer of Earnings on Debt Service Reserve Fund;

This resolution authorizes and approves the transfer of $797,435.47 in accumulated earnings from the Debt Service Fund to the Bond Redemption and Improvement Fund.

MOTION to approve Resolution No. 1707 was made by Barney Hansen and seconded by Andrew Ghiorse. Five in favor. None opposed.

Board Notification: Frank Tomaseski notified the Board about the increase in Health Insurance Premiums for 2003.

Board Notification: Frank Tomaseski notified the Board that these are increases in Workers Comp and General Liability Insurance Premiums for 2003. Kevin Roach of Ryan Insurance Company was available to explain these increases and discuss the change to new insurance underwriters.

Resolution No. 1692 – Re: Further Amending the 2002 Agency Budget;

This resolution authorizes and approves the further amendment as recommended by the Executive Director and Controller of the 2002 Agency Budget.

MOTION to approve Resolution No. 1692 was made by Jay Hogan and seconded by Jim Craven. Three in favor. None opposed. Two absent (Ghiorse, Hansen).

Resolution No. 1693 – Re: Further Amending the Capital Budget Program (5 Year Capital Plan 2002 – 2006); pulled

ADMINISTRATIVE MATTERS

Resolution No. 1694 – Re: Setting Annual Meeting Date Pursuant to By-Laws;

This resolution establishes Wednesday, January 15, 2003 at 1:30 as the date for the Annual Meeting of the Agency’s Board of Directors.

MOTION to approve Resolution No. 1694 was made by Jim Pirro and seconded by Jay Hogan. Three in favor. None opposed. Two absent. (Ghiorse, Hansen)

Resolution No. 1695 – Re: Approving Amendment to Agency Pension Plan and Trust;

This resolution approves changes in the company’s retirement plan in order for it to comply with changes in the Federal Tax Regulations.

MOTION to approve Resolution No. 1695 was made by Barney Hansen and seconded by Andy Ghiorse. Five in favor. None opposed.

Resolution No. 1696 – Re: Authorization for Retirement Plan Contribution for 2002;

This resolution authorizes the Retirement Plan Contribution for 2002 to be 11% of salary.

MOTION to approve Resolution No. 1696 was made by Barney Hansen and seconded by Andy Ghiorse. Five in favor. None opposed.

Resolution No. 1697 – Re: Authorization for Salary Adjustments for Administrative Staff Positions;

This resolution authorizes merit salary adjustments for the administrative staff positions for 2003 to be from 3.5 and 7%.

MOTION to approve Resolution No. 1697 was made by Barney Hansen and seconded by Andy Ghiorse. Five in favor. None opposed.

Resolution No. 1698 – Re: Authorization for Salary Adjustments for Agency Counsel;

This resolution authorizes the salary adjustment of the Agency Counsel for 2003 to be 5%.

MOTION to approve Resolution No. 1698 was made by Barney Hansen and seconded by Andy Ghiorse. Five in favor. None opposed.

Resolution No. 1699 – Re: Authorizing Further Amendment to Employment Agreement with Charles P. Shaw;

This resolution authorizes and approves the Seventh Amendment to Employment Agreement with Charles P. Shaw to extend the termination date to December 31, 2008.

MOTION to approve Resolution No. 1699 was made by Barney Hansen and seconded by Andy Ghiorse. Five in favor. None opposed.

Resolution No. 1700 – Re: Authorization for Salary Adjustment for Executive Director;

This resolution authorizes the salary adjustment of the Executive Director for 3002 to be 4%.

MOTION to approve Resolution No. 1700 was made by Barney Hansen and seconded by Andy Ghiorse. Five in favor. None opposed.

Resolution No. 1701 – Re: Approving Director of Operations and Safety Position Statement; pulled

EXECUTIVE SESSION

MOTION to enter Executive Session at 4:15pm to discuss salary and employment history of individual employees was made by Jim Pirro and seconded by Jay Hogan. Five in favor. None opposed.

MOTION to enter into Regular Session at 5:00 pm was made by Barney Hansen and seconded by Andy Ghiorse. Five in favor. None opposed.

ADMINISTRATIVE MATTERS (continued)

Resolution No. 1702 – Re: Approving Fourth Amendment to Agreement with EWH Trucking, Inc.;

This resolution authorizes and approves the Fourth Amendment to the Agreement with EWH Trucking Inc. to transport solid waste from the Agency’s transfer stations to various disposal sites.

MOTION to approve Resolution No. 1702 was made by Jim Pirro and seconded by Jay Hogan. Three in favor. None opposed. Two absent (Ghiorse, Hansen).

Resolution No. 1703 – Re: Approving Fourth Amendment to Agreement with Sunshine Bulk Commodities, Inc.;

This resolution authorizes and approves the Fourth Amendment to Agreement with Sunshine Bulk Commodities, Inc. to transport solid waste from the Agency’s transfer stations to various disposal sites and to transport sewage sludge from the New Paltz Regional Transfer Station to BFI Niagara.

MOTION to approve Resolution No. 1703 was made by Jim Pirro and seconded by Jay Hogan. Three in favor. None opposed. Two absent (Ghiorse, Hansen).

Resolution No. 1704 – Re: Approving Fourth Amendment to Agreement with E. Mower & Son, Inc.;

This resolution authorizes and approves the Fourth Amendment to the Agreement with E. Mower & Son, Inc. to transport solid waste from the Agency’s transfer stations to various disposal sites.

MOTION to approve Resolution No. 1704 was made by Jim Pirro and seconded by Jay Hogan. Three in favor. None opposed. Two absent (Ghiorse, Hansen).

Resolution No. 1705 – Re: Approving Third Amendment to Agreement with Kingstown Trucking Inc.;

This resolution authorizes and approves the Third Amendment to the Agreement with Kingstown Trucking Inc. to transport solid waste from the Agency’s transfer stations to various disposal sites.

MOTION to approve Resolution No. 1705 was made by Jay Hogan and seconded by Jim Pirro. Three in favor. None opposed. Two absent (Ghiorse, Hansen).

OLD BUSINESS

EQUIPMENT AND EQUIPMENT REPLACEMENT PARTS:

Resolution No. 1706 – Re: Authorization to Procure Three Self Tipping Hoppers;

This resolution authorizes and approves the purchase of three self-tipping hoppers with wheels from Rudco at a cost of $899.00 each to be paid from the 2002A Bond Anticipation Notes – Construction Fund.

MOTION to approve Resolution No. 1706 was made by Jim Pirro and seconded by Jay Hogan. Three in favor. None opposed. Two absent (Ghiorse, Hansen).

ADJOURN

MOTION to Adjourn the December 18, 2002 at 5:33pm was made by Jim Pirro and seconded by Jay Hogan. Three in favor. None opposed. Two absent, (Ghiorse, Hansen).

MOTION to approve the above transcribed Minutes of the December 18, 2002 Board Meeting was made by Pirro seconded by Ghiorse .
Vote: Aye 4 Nay 0 Absent 1 (Hogan) Date: January 15, 2003.