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JOINT COOPERATION AGREEMENT BETWEEN BOROUGH OF BIRDSBORO AND PIONEER CROSSING LANDFILL

            At its April public meeting, the Birdsboro Borough Council approved entering into a “unique” Joint Cooperation Agreement with the Pioneer Crossing Landfill, a J.P. Mascaro & Sons related company.  The Agreement is a classic example of the opportunities and benefits that are available to municipalities today through public-private cooperative efforts.
            Speaking to the 7-0 vote in favor of the Agreement, Borough Council President Aaron Durso said, “This is a historic agreement for Birdsboro and is the type of public-private joint cooperative effort that is needed if our Borough is to remain vibrant and achieve its revitalization goals.  I consider Mascaro a natural and worthy private sector choice for the Borough’s first Joint Cooperation Agreement.  They run a top-notch landfill, they are committed to their business and the community, and over the years they have demonstrated a real interest in the Borough and its well-being.”


            Under the Agreement, the Borough receives substantial long-term economic, social and environmental benefits and protections that are not required by law or regulation.  Pioneer Crossing receives the Borough’s support on future landfill expansion applications so long as the applications comply with all regulatory requirements regarding landfill design and operation and so long as Pioneer Crossing continues to operate its landfill in substantial compliance with applicable regulations.


            The benefits under the Joint Cooperation Agreement include between $425,000 and $525,000 of annual revenue for the Borough from a per ton Proximity Impact Fee for the life of the landfill; a $150,000 cash advance to the Borough in 2009; Borough input on the development of Mascaro’s riverfront property and Route 82 property in close proximity to the Borough; free consulting services to the Borough from Mascaro’s in-house professionals; free disposal services at Pioneer Crossing for white goods and Spring and Fall cleanup waste; and Pioneer Crossing’s support of worthwhile Borough community groups, programs and events.


            In terms of protections, the Agreement contains a commitment from Pioneer Crossing that it will never apply for a permit to receive hazardous waste; it contains a limitation on the future permitted height of the landfill; it reserves for the Borough in any future expansion application process the right to submit comments and/or objections to the application regarding the structural design of the landfill and its environmental protection systems and regarding landfill operational procedures; it reserves for the Borough the right to seek enforcement remedies against Pioneer Crossing if it does not continue to operate its landfill in substantial compliance with applicable regulations as it has done for the last 7 years; and it gives the Borough the right, but not the obligation, to terminate the Agreement if the landfill is ever sold.


            Speaking for Pioneer Crossing, company president, Pat Mascaro said, “There has existed for some time a cooperative relationship between the Borough and Pioneer Crossing, and this agreement is a continuation of that beneficial relationship.  In approving the agreement, the Borough Council has demonstrated innovative leadership by putting in place the type of public-private cooperative agreement that is becoming much more common today where tax dollars have been stretched to the limit.  This Joint Cooperation Agreement is good for the Borough and for Pioneer Crossing.”


            Mascaro added that, “Today, municipalities such as Birdsboro are facing serious financial problems and are receiving less and less funding from the State and Federal governments.  The Joint Cooperation Agreement approved by the Borough provides an innovative long-term partial solution for those financial problems.  This type of Joint Cooperation Agreement can be important to the success of the Borough’s revitalization and economic development efforts.”


            Several months ago, Council Member Steve Lusky and former Council President, Jim Arms, “thinking outside of the box”, asked Pat Mascaro about the possibility of a public-private Cooperative Agreement between the Borough and his company.  According to Lusky, “Pat was enthusiastic about the possibility and Jim and I, with the assistance of the Borough Solicitor, worked with Pat and his people to fashion an agreement that was unanimously endorsed by Borough Council.”  Lusky added, “That vote itself speaks volumes as to the desirability and benefits of this Joint Cooperation Agreement.”

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Frank Sau
Director of Communications