The regular meeting of the Middle Smithfield Township Municipal Authority was called to order on Thursday, February 7, 2008 at 6:00 pm at the Schoonover Municipal Building. Perry M. Henley presiding.

 

Members present: Perry M. Henley, Jack O’Rourke, Fred May, Mickey Roth and Oscar Woerlein. Also present were Richard Deetz, Fred Courtright, Dave Scholtz, Michele Clewell, Jennifer Wise, Scott Schaller and Marc Wolfe.

 

Jack O’Rourke made a motion to approve the January 16, 2008 minutes. Oscar Woerlein second the motion. The motion carried 5-0.

 

Jack O’Rourke made a motion to approve the listed payables. Mickey Roth second the motion. The motion carried 5-0.

 

 

  Winona 

  MSTMA 

 Total

 Check No.

Swerp Inc

 

   22,025.22

   22,025.22

3903

 

 

 

 

 

Allstate Septic

      765.00

 

        765.00

3904

AT & T

 

         80.51

          80.51

3905

Carbtrol Corp

 

     7,342.00

     7,342.00

3906

Coyne Chemical

 

     1,690.00

     1,690.00

3907

FX Browne, Inc

 

       632.00

        632.00

3908

Middle Smithfield Township

      111.00

     6,190.04

     6,301.04

3909

Stroudsburg Electric Motor

 

     2,800.00

     2,800.00

3910

Strand Pool Supply

 

       212.75

        212.75

3911

Tops Software

28.04

         56.91

          84.95

3912

Verizon

 

       239.46

        239.46

3913

Waste Management

 

     3,206.81

     3,206.81

3914

Prosser Labs

   2,529.41

   14,809.24

   17,338.65

3915

 

 

 

 

 

Total Checks

   3,433.45

   37,259.72

   40,693.17

 

 

 

Solicitors Report

Richard Deetz stated that the township has received a draft settlement agreement with LTS Builders regarding the Water Gap Preserve PRD. Scott Schaller questioned if the Authority should be a party to the settlement agreement.

 

Attorney Wolfe stated that a sewer line would be installed for the Water Gap Preserve PRD. A second sewer line would be installed and would come from the McCole Road pump station and run down Huckleberry Drive to the end of the cul-de-sac noting this would be a dry line. The dry line would be for the Winona One Development if a line is ever necessary.

 

Mr. Wolfe stated that the Board of Supervisors has requested Cedar Court be paved as there is currently six or seven home located along that road. Mr. Wolfe also stated that a sewer line could be run down Ceder Court, at no cost to the Authority. The Authority stated that this line would be connected to the “dry line”.

 

Richard Deetz stated that his recommendation would be for the Authority to take ownership of the sewer lines at the same time the roads are dedicated to the township.

 

Jack O’Rourke made a motion to express the general approval of the Authority to the concept of installation of a dry capped sewer line from the pump station at McCole Road to the termination of the cul-de-sac of Huckleberry Drive at the east end of Huckleberry and also extending up to Cedar Court, providing that the mandatory requirement of the Authority’s Engineer inspect and approve the installation of the dry line before the trench is covered. The Authority would agree to accept ownership of the dry line as installed concurrently with the township acceptance of dedication of the roads under which the dry lines are located and dedication of the wet lines when the roads are dedicated, subject to the same mandatory inspections and approvals as the dry line. Mickey Roth second the motion. The motion carried 5-0.

 

Mr. John Holloway questioned the board regarding the increase in user fees for Winona Lakes. Richard Deetz reviewed the Winona Lakes history and explained the expansion that is underway for the Winona Lakes STP and the bond payments that must be paid due to the expansion.  Mr. Holloway thanked the board for the explanation.

 

Attorney Deetz stated that a letter was sent to Lennar Corporation, HDD Land LLC -Omega Homes and Michael Berardi of Summer Glen Partners regarding the Assignment and Assumption of Sewer Reservation for The Estates at Great Bear. Mr. Michael Berardi sent a letter to the board requesting any decision by the board be tabled until the February 20, 2008 meeting. After further discussion Jack O’Rourke made a motion directing Richard Deetz send a letter to Mr. Berardi stating that the Authority expects him to be prepared to enter into a new reservation agreement and supply a letter of credit at the February 20, 2008 meeting. Fred May second the motion. The motion carried 5-0.

 

Mr. Deetz stated that Attorney Joel Weiner sent an intent letter of credit on behalf of Omega / HDD Land LLC. Attorney Deetz stated that Mr. Weiner’s intent letter of credit is unacceptable. After further discussion Fred May made a motion directing Attorney Deetz to send a letter to Attorney Weiner stating that the Authority is agreeable to enter into a new sewer reservation agreement but the $2300.00 tapping fee cannot be guaranteed as tapping fees my change in the future and an unconditional letter of credit must accompany the sewer reservation agreement. Mickey Roth second the motion. The motion carried 5-0.

 

Mr. Deetz stated that Lennar Corporation is still waiting for the Authority to release their letter of credit for the properties sold in The Estates at Great Bear. Mickey Roth made a motion directing Richard Deetz to write a letter to Lennar Corporation stating the disregard shown by Lennar Corporation of the Authority’s policies and that we are working with Mr. Berardi and Attorney Weiner to resolve the matter and the Authority expects to hear from them by the February 20, 2008 meeting. Jack O’Rourke second the motion. The motion carried 5-0. A copy of the letter is to be sent to the bank holding their letter of credit.

 

Attorney Deetz has forward a copy of the Connections Ordinance to the Board of Supervisors and Attorney Jennifer Wise for their review.

 

Mr. Deetz stated that the Concise Statement of Matter Complained of on Appeal was sent regarding Maula vs. MSTMA. The briefing should be scheduled by April or May 2008 and argued in September in Harrisburg. No action required.

 

Attorney Deetz stated that he has not heard back from the Bushkill Group regarding a memo that was sent out, dated January 10, 2008 and January 24, 2008. No action required.

 

Engineers Report

Fred Courtright presented a sewer line map of Winona Lakes for review.

 

Mr. Courtright presented a proposed low pressure sewer line map for Route 209. Mr. Courtright stated that the maps show the lines to the structures, but the lines would only be built to the right of way. The line would be designed for the number of connections determined by the engineer and depending on what structures are coming in, will determine the size of the pipe. After further discussion the board requested Mr. Courtright to estimate what the current and future number of EDU’s would be required for the sewer line extension along Route 209. Fred Courtright stated that he will provide the information for the February 20, 2008 meeting.

 

Fred Courtright stated that he will research the life of a permit from Penn Dot to run the sewer lines.

 

Mr. Courtright stated that two dates are available to meet in Trenton, New Jersey with DRBC and the National Park Service to discuss expanding the Route 209 Sewage Treatment Plant from 1 million to 2 million gallons per day and to discuss the effluent requirements Attorney Deetz stated that this meeting does not require advertising as no decisions will be made; it is for discussion purposes only. After further discussion, it was agreed upon to meet with DRBC and the NPS on February 27, 2008 at 1:30 pm in Trenton New Jersey. No motion required.

 

Fred Courtright presented an $85,500.00 payment request from Derstine Company for Contract 7 pump stations 1 and 2. Jack O’Rourke made a motion to approve the payment of $85,500.00 to Derstine Company LLC for the February 20, 2008 meeting. Oscar Woerlein second the motion. The motion carried 5-0.

 

Fred Courtright reported that Derstine Company LLC has submitted a request to extend their contract time for an additional sixty days (60) for pump stations one and six due to the Flygt pump delay in shipment from outside the United States. Fred May made a motion to grant an additional thirty days (30) extension and if they require additional time Derstine Company LLC should submit a request for an additional thirty days (30). Jack O’Rourke second the motion. The motion carried 5-0.

 

Fred Courtright reported that the township received a complaint from NEPA Management Associates regarding damage done to the lawn area at the Maple Lane pump station. Fred Courtright investigated and spoke to the Authority’s subcontractor who is working on the rehabilitation of that pump station. Waterware stated to Mr. Courtright that they did cause the ruts in the grass area and would go back to the site and fix the ruts.  Dave Scholtz stated that this pump station is accessed everyday by his employees and he would like the Authority to approve placing stone down so the ruts don’t reappear. After further discussion Jack O’Rourke made a motion to request the township to put some stone down for easier access at the Maple Lane pump station and submit a bill to the township. Mickey Roth second the motion. The motion carried 5-0.

 

Fred Courtright stated that Swerp Inc. has requested final payment for Contract Six in the amount of $67,960.68. Jack O’Rourke stated that per the contract, Swerp Inc. was to supply the by pass pumps but the Authority supplied and paid for the by pass pumps because of problems with pump station. After further discussion Fred Courtright stated that he would speak to Swerp Inc. telling them the Authority will be deducting charges for the by pass pump with a letter explaining the reasons. Oscar Woerlein made a motion directing Fred Courtright to write a letter to Swerp Inc. explaining the reasons why the Authority will be deducting $9,255.00 from the amount for additional costs incurred by the Authority for the by pass pump.  Mickey Roth second the motion. The motion carried 5-0.

 

Mr. Courtright stated that the contractor for Winona Lakes expects to be moving dirt in the next few weeks.

 

Sewage Plant Operator

Dave Scholtz reviewed his monthly report.

 

Mr. Scholtz stated that Rosina Getting, community Manager of CCP POA South stated that she has not received a quote from Roto Rooter yet and they are now looking for another contractor.

 

There being no further business the meeting adjourned in regular order at 9:30 pm.

 

Respectfully submitted,

 

 

 

Michele L. Clewell, Recording-Secretary

 

 

Perry M. Henley __________________________

 

Jack O’Rourke ___________________________

 

Fred May _______________________________

 

Mickey Roth ____________________________

 

Oscar Woerlein __________________________