The regular meeting of the Middle Smithfield Township Municipal Authority was held at the Schoonover Municipal Building on Thursday, January 3, 2008 at 6:00 pm. Perry M. Henley presiding.

 

Members present: Perry M. Henley, Jack O’Rourke, Fred May, Mickey Roth and Oscar Woerlein. Also present were Richard Deetz, Dave Scholtz, Fred Courtright, Doug Olmstead, Frank J. Smith Jr. and Michele Clewell.

 

Organization was as follows: Chairman – Perry M. Henley, upon a motion of Jack O’Rourke, second of Mickey Roth. The motion carried 5-0.

Vice – Chairman – Jack O’Rourke, upon a motion of Mickey Roth, second of Oscar Woerlein. The motion carried 5-0.  Secretary – Mickey Roth, upon a motion of Jack O’Rourke, second of Oscar Woerlein. The motion carried 5-0. Assistant Secretary – Oscar Woerlein, upon a motion of Mickey Roth, second of Perry M. Henley. The motion carried 5-0. Treasurer – Oscar Woerlein, upon a motion of Mickey Roth, second by Fred May. The motion carried 5-0.

 

The Solicitor and Engineer will remain the same, Richard E. Deetz, Esquire and Fred I. Courtright, P.E. of F.X. Browne, Inc.

 

Jack O’Rourke made a motion to set the 2008 meetings for the first Thursday and third Wednesday of every month at 6:00 pm. Mickey Roth seconded the motion. The motion carried 5-0.

 

Perry M. Henley stated that the minutes from the December 19, 2007 meeting should also reflect that Attorney Deetz was asked to look into the legalities of whether or not the sewer lines can be excepted out if the township is offered road dedication. Jack O’Rourke made a motion to approve the corrected minutes. Perry M. Henley seconded the motion. Mickey Roth and Fred May did not attend the December 19, 2007 meeting and therefore are abstaining from voting. The motion carried 3-2.

 

Mr. Deetz stated that he will prepare a draft resolution regarding the legalities of the Authority taking over private sewer lines.

 

Jack O’Rourke made a motion to approve the listed payables. Fred May seconded the motion. The motion carried 5-0.

 

 

  Winona 

  MSTMA 

 Total

 Check No.

 

 

 

 

 

Allstate Septic

      225.00

 

        225.00

3879

F.X. Browne, Inc.

 

       632.00

        632.00

3880

Middle Smithfield Township

      558.74

     2,319.40

     2,878.14

3881

Prosser Laboratories, Inc.

 

       684.35

        684.35

3882

 

Verizon

 

       237.52

        237.52

3883

Waste Management

 

       889.58

        889.58

3884

 

 

 

 

 

Total Checks

      783.74

     4,762.85

     5,546.59

 

 

 

Solicitors Report

Attorney Deetz reported that the Assignment and Assumption from HDD Land LLC has not been received. Mr. Deetz stated that the agreement has a default phrase and the Authority has the right to pull the connection rights. After lengthy discussion Mickey Roth made a motion directing Attorney Deetz to send a final letter to both grantor and grantee of the Great Bear lots in question, giving them a deadline date and if they do not submit the Assignment and Assumption Agreements the Authority will terminate such reservation, with a deadline of February 7, 2008. Jack O’Rourke seconded the motion. The motion carried 5-0.

 

Mr. Deetz stated that the Lennar Corporation has requested release of the letter of credit with regard to the Summer Glen Development portion of The Estates at Great Bear. After further discussion is was agreed that Michele Clewell write a letter to Lennar Corporation stating that the Authority will continue holding their letter of credit, until we receive a letter of credit from the other companies. No further action required.

 

Mr. Deetz provided copies of the Connection Fees Resolution draft #7 for review. There was lengthy discussion that the following be added: Page 2 148-8. – delete “water use” and use “sewage discharge”, page 3 Section D (2) Development Approved Sewer Plan Required. Add a paragraph, “that the installation of lines must be inspected, and approve lines before they are covered, at the developers expense. No hookup will take place until inspections and as builts are given to the Authority. E-(1) “change sixty (60%) to fifty (50%). Mr. Deetz stated that he will have draft #8 before the next meeting.

 

Mr. Deetz explained Maula vs. MSTMA regarding quarterly stand by fees.  Attorney Deetz stated that the court ruled in favor of Mr. and Mrs. Maula.  Attorney Deetz stated that he does not recommend appealing the decision because the building moratorium will be lifted within 4-6 months. There was discussion regarding the status of standby fees and whether they can be charged while in the appeal process. Perry M. Henley made a point of saying that the Winona Lakes POA did not want to take over the sewage treatment plant so therefore PA DEP ordered the Authority to take over ownership. After further discussion Jack O’Rourke made a motion directing Mr. Deetz to appeal the courts decision on Maula vs. MSTMA. Mickey Roth seconded the motion. The motion carried 5-0. This item is to remain on the agenda.

 

Mr. Deetz requested an executive session be called at the end of the meeting regarding negations with the Bushkill Group.

 

 

Engineers Report

Fred Courtright summarized the three RFP’s for the sewer line extension survey, from Sellersville Road to the flea market. The three firms that submitted proposals were Boucher & James, Inc., Frank J. Smith Jr., Inc. and Tracy Land Services. Mr. Courtright had recommended that the proposal from Tracy Land Services be rejected as they did not respond to what was requested in the RFP. There was lengthy discussion regarding the RFP’s.  Frank J. Smith stated that the amount given of $36,800.00 in his RFP is the maximum amount the job would cost. Doug Olmsted of Boucher and James stated that the $15,263.00 in his RFP is a solid figure and would be a not to exceed figure, unless the Authority comes back for additional services. Fred Courtright stated that he is comfortable with the RFP from Boucher & James. Jack O’Rourke asked if the there would be a specific start and finish date and a cap on the reimbursable expenses. Mr. Olmstead stated that Boucher and James will cut off reimbursable expenses at $300.00.

 

Perry M. Henley made a motion to accept the Boucher and James RFP for $15,263.00 for the sewer line extension survey work at Route 209 / Sellersville Road to the flea market, with an addendum not to exceed the $15,263.00 unless the Authority changes the scope of services and a $300.00 cap for the reimbursable expenses. Jack O’Rourke seconded the motion. The motion carried 5-0.

 

Mr. Courtright reported that PA DEP received the Part I Permit Application for Route 209 sewage treatment plant the application contains the necessary documents and is administratively complete.

 

Fred Courtright reported that pump station #6 rehabilitation is complete and he anticipates pump station #4 works to be completed within a week. Work on pump station # 5 will begin once pump station #4 is finished.

 

Fred Courtright stated that Swerp Inc. has requested payment from their first invoice totaling $33,692.03. There was discussion regarding whether Swerp, Inc. should be paid now or have them wait until the second invoice work is complete. Perry M. Henley made a motion to pay Swerp Inc. first invoice totaling $33,692.03. Oscar Woerlein seconded the motion. The motion carried 4-1. Jack O’Rourke opposed.

 

Mr. Courtright stated that the generator for pump stations #1 and #6 and the panels for pump station #1 and #2 will be delivered next week.

 

Mr. Courtright stated that he will have a report on the by pass pump design and specifications for the next meeting.

 

Fred Courtright stated that he will proceed with obtaining phone quotes to install a manhole on the south side of our line under Route 209. The manhole was suggested at the last meeting so the flows are separated to provide a point to sample.

 

Mr. Courtright reviewed the DMR report for November 2007.

 

Fred Courtright provided the board copies of the pump station schematic drawing.

 

Scott Schaller stated the Supervisors are receiving numerous complaints about the pump station odors. Perry M. Henley stated that the Authority is trying to confirm that the lines within Big Ridge are oversized as oversized lines will cause the sewage to lie for long periods of time. Fred Courtright stated that a pre treatment or chemicals could be added at the pump station within Big Ridge at the pump station located by the townhouses.

 

Sewage Plant Operator

Dave Scholtz reported that the Route 209 sewage treatment plant has met all of DEP standards.

 

Mr. Scholtz reported that a meeting has been set up with Bob Pritz of Big Ridge Developers, Kevin Price of Toll Brothers, Fred Courtright and himself on January 15, 2008 at 10:30 am. The meeting will be held at the township building.

 

Dave Scholtz reported that he has obtained a quote from Hendershot Door Systems, Inc. to replace a garage door at the Route 209 STP. The vinyl door is quoted at $850.00 and the steel door is quoted at $900.00, both prices include installation. Installation would be about four weeks. Oscar Woerlein made a motion to approve the sandstone color steel garage door at a cost of $900.00. Fred May seconded the motion. The motion carried 5-0.

 

Dave Scholtz reported that the Winona Lakes STP DMR for December had no violations but continues to push to capacity on weekends and holidays.

 

Old Business

Perry M. Henley requested that the Inspector for Sewer Connections remain on the agenda.

 

The Grease Trap Ordinance was discussed and the Authority would like the township to enforce this Ordinance.

 

Mr. Gary Summers submitted a Public Record Review / Duplication Request form on December 28, 2007 to review a letter that Robyn Pugh sent to the Bushkill Group. Mr. Deetz stated that the letter is not public record because it is a position letter from the Authority’s accountant. It is a projecting position letter of negotiations and review. Mr. Deetz stated that the decision is the Authority’s of whether or not to allow Mr. Summers to review the letter. After further discussion the board agreed that Mr. Summers could have a copy of the letter and attachments.

 

Scott Schaller stated that the Authority should be paying the total costs for Michele Clewell’s time when she works for the Authority not just her hourly wage. Perry M. Henley stated that he understands completely. Perry M. Henley also stated that if the Board of Supervisors provides a breakdown of the percentage of Michele’s wages and benefits they will look at the information at the next meeting.

 

Mickey Roth made a motion to go into executive session to discuss the Bushkill Group at 8:30 pm. Fred May seconded the motion. The motion carried 5-0.

 

Jack O’Rourke made a motion to reconvene the meeting at 9:15 pm. Mickey Roth seconded the motion. The motion carried 5-0.

 

There being no further business the meeting adjourned in regular order at 9:15 pm.

 

Respectfully submitted,

 

 

 

Michele Clewell, Recording Secretary

01/03/2008

 

 

Perry M. Henley ______________________________

 

Jack O’Rourke _______________________________

 

Fred May ___________________________________

 

Mickey Roth _________________________________

 

Oscar Woerlein _______________________________