The Ulster County Resource Recovery Agency held a Regular Business Meeting on September 21, 2005 at 999 Flatbush Avenue, Kingston, NY.

Roll Call for the Regular Board Meeting was at 3:15pm.

The following Board members were present: Kevin Roberts, James Craven and Dennis Helm. Catherine Nilsen was absent.

Also present were: Michael Bemis, Acting Executive Director; Frank Tomaseski, Controller; Stephen J. Wing, Esq., Agency Counsel; Kelly Utter, Executive Secretary and Laura Petit, Office Manager. Tracey Bartels, Environmental Committee was absent.

APPOINTING SECRETARY – MOTION to appoint Stephen J. Wing, Esq. as Agency Secretary was made by Dennis Helm, seconded by Arnold Bernardini. Three in favor. None opposed. One Absent for vote (Roberts). One Absent (Nilsen).

PUBLIC COMMENT – No Public Comment was given

APPROVAL OF MINUTES

MOTION to approve the Minutes of the August 10, 2005 Board Meeting was made by Dennis Helm and seconded by James Craven. Three in favor. None opposed. One Absent for vote (Roberts). One Absent (Nilsen).

COMMUNICATIONS & ANNOUNCEMENTS

Public Hearing on Proposed 2006 Agency Budget is scheduled for Wednesday, October 12, 2005 at 2:30pm.

The next Regular Monthly Business Meeting is scheduled for Wednesday, October 12, 2005 at 3:00pm.

GENERAL REPORTS

The Board received and reviewed the MSW Tonnage Report, Leachate Collection Report and the Recycling Tonnage Report for January thru August, 2005.

FINANCIAL MATTERS

Resolution No. 1964 Re: Payment of Requisition No. 64 – Capital Expenditures;

This resolution authorizes and approves payment of Requisition No. 64 in the amount of $2,868.29 for Capital Expenditures to be paid from the Capital Account in the Capital Fund.

MOTION to approve Resolution No. 1964 was made by James Craven and seconded by Dennis Helm. Four in favor. None opposed. One absent (Nilsen).

Resolution No. 1965 Re: Authorization of Proposed 2006 Agency Budget;

This resolution authorizes the Acting Executive Director to forward the revised proposed 2006 Agency Budget to the Ulster County Legislature, Town Supervisors and the Mayor of the City of Kingston for its review in accordance with the terms of the County Service Agreement.

MOTION to approve Resolution No. 1965 was made by James Craven and seconded by Dennis Helm. Four in favor. None opposed. One absent (Nilsen).

Resolution No. 1966 Re: Selling Surplus Equipment to Waste Management;

This resolution authorizes and approves the sale of surplus equipment located at the public schools serviced through the BOCES bid to Waste Management, the Agency’s successor under the bid, at $60.00 per yard.

MOTION to approve Resolution No. 1966 was made by Dennis Helm and seconded by James Craven. Four in favor. None opposed. One absent (Nilsen).

Resolution No. 1967 Re: Selling Surplus Equipment to Royal Carting;

This Resolution authorizes and approves the sale of surplus equipment located at the SUNY New Paltz campus to Royal Carting, Inc., the Agency’s successor in interest at SUNY, at $60.00 per yard.

MOTION to approve Resolution No. 1962 was made by Kevin Roberts and seconded by Dennis Helm. Four in favor. None opposed. One absent (Nilsen).

Resolution No. 1968 Re: Authorize Public Sale of Surplus Equipment;

This Resolution authorizes and approves soliciting of public sale of specific surplus equipment defined in the Resolution.

MOTION to approve Resolution No. 1968 was made by Kevin Roberts and seconded by Dennis Helm. Four in favor. None opposed. One absent (Nilsen).

Resolution No. 1969 Re: Authorizing and Approving Fuel Surcharge;

This Resolution authorizes and approves the implementation of a fuel surcharge to be calculated on a base price obtained through the New England On-Highway Diesel Prices as determined by the U.S. Department of Energy, and as described in the schedule attached to the Resolution, to prevent further losses due to the dramatic increase of diesel fuel.

MOTION to approve Resolution No. 1969 was made by Kevin Roberts and seconded by Dennis Helm. Four in favor. None opposed. One absent (Nilsen).

Resolution No. 1970 Re: Authorizing and Approving Increase in Long Haul Contracts;

This resolution authorizes and approves an increase in Long Haul Contracts to defray the increase in New York State Thruway Tolls.

MOTION to approve Resolution No. 1970 was made by Kevin Roberts and seconded by Dennis Helm. Three in favor. One opposed (Roberts). One absent (Nilsen).

Resolution No. 1971 Re: Amending County Waste Put or Pay Agreement;

This resolution authorizes and approves the amendment to the County Waste – Ulster LLC Put or Pay agreement to increase the tipping fee to $70/ton for 2005, $71/ton in 2006 and $72/ton in 2007, and to provide for the fuel surcharge implemented by the Agency.

MOTION to approve Resolution No. 1971 was made by Kevin Roberts and seconded by Dennis Helm. Four in favor. None opposed. One absent (Nilsen).

Resolution No. 1972 Re: Authorizing and Approving Put or Pay Agreement with Evergreen Sanitation;

This resolution authorizes and approves a put or pay agreement with Evergreen Disposal, Corp. providing for a tipping fee of $70/ton in 2005, $71/ton in 2006 and $72/ ton in 2007, as well as the fuel surcharge previously approved.

MOTION to approve Resolution No. 1972 was made by Kevin Roberts and seconded by James Craven. Four in favor. None opposed. One absent (Nilsen).

Resolution No. 1973 re: Authorizing and Approving Put or Pay Agreement with Waste Management;

This resolution authorizes and approves a put or pay agreement with Waste Management of New York, LLC for one year, providing for a tipping fee of $70/ton in 2005 and $71/ton in 2006, as well as the fuel surcharge previously approved.

MOTION to approve Resolution No. 1973 was made by Kevin Roberts and seconded by Dennis Helm. Four in favor. None opposed. One absent (Nilsen).

Board Notification - Frank Tomaseski notified the Board of the receipt of the 1.9 Million Recycling Grant.

Board Notification - Mike Bemis notified the Board that the 2006 Proposed Budget was distributed to the Environmental Committee, the Ulster County Legislature and Municipalities.

ADMINISTRATIVE MATTERS

Resolution No. 1974 Re: Authorization to Procure Electronics Collection Services from Advanced Recovery, Inc.;

This resolution authorizes the procurement of Electronics Collection Services for the Agency’s planned Electronics Collection Day on October 8, 2005 from Advanced Recovery, Inc.

MOTION to approve Resolution No. 1974 was made by Kevin Roberts and seconded by Arnold Bernardini. Four in favor. None opposed. One Absent (Nilsen).

Resolution No. 1975 Re: Authorization to Procure HHW Collection Services from Care Environmental Services;

This resolution authorizes and approves the procurement of Care Environmental for HHW Collection Services for the Agency’s planned Household Hazardous Waste Collection Day on October 8, 2005.

MOTION to approve Resolution no. 1975 was made by Kevin Roberts and seconded by Arnold Bernardini. Four in favor. None opposed. One Absent (Nilsen).

Board Notification - Laura Petit notified the Board of the Agency’s nomination to receive the National Disability Awareness Award which is to be presented on October 26, 2005. Amy Lopiano and James Ferraro will be attending.

Board Notification - Laura Petit advised the Board of the status of appointments to the Recycling Oversight Committee.

OLD BUSINESS

NEW BUSINESS

EXECUTIVE SESSION

MOTION to enter into Executive Session at 4:37pm to discuss credit history and employment of certain companies; and for a privileged and confidential discussion by Agency Counsel regarding potential litigation was made by Dennis Helm and seconded by Arnold Bernardini. Three in favor. None opposed. Two absent (Roberts, Nilsen).

MOTION to enter into Regular Session at 5:12pm was made by Dennis Helm and seconded by James Craven. Three in favor. None opposed. Two absent (Roberts, Nilsen).

ADJOURN

MOTION to Adjourn the September 21, 2005 meeting at 5:12pm was made by James Craven and seconded by Dennis Helm. Three in favor. None opposed. Two absent (Roberts - left meeting at 4:37pm, Nilsen).

The above transcribed Minutes of the September 21, 2005 Board Meeting was MOVED to the floor by Kevin Roberts and seconded by Dennis Helm
Vote: Aye 4 Nay 0 Absent 1 (Bernardini)
Date: October 12, 2005