The regular meeting of the Middle Smithfield Township Municipal Authority was called to order on Thursday, June 5, 2008 at 6:00 pm 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, Dr. F. X. Browne, Dave Scholtz, Scott Miller, Maria Oliveras and several interested parties.

Fred May made a motion to approve the May 21, 2008 minutes. Mickey Roth seconded the motion. The motion carried 5-0.

Fred May made a motion to approve the listed payables with one correction to be made on the check no. for the Verizon bill it should read 3997 not $3,997.00. Mickey Roth second the motion. The motion carried 5-0.

	Winona	MSTMA	Total	Check No.
212 Software	28.04	56.91	84.95	3992
ABC Trophies, Inc		7.80	7.80	3993
Allstate Septic	450.00		450.00	3994
AT & T		114.90	114.90	3995
Eastern Alarm		45.00	45.00	3996
Verizon		234.32	234.32	3997
Waste Management		2,235.85	2,235.85	3998
Total Bills	478.04	2,694.78	3,172.82

The Middle Smithfield Township – Act 537 reimbursement check in the amount of $139,397.31 was discussed and tabled for further discussion.

Attorney Deetz stated that he had litigation, potential litigation, real estate and personnel matters to discuss and asked the members if they wanted to go into execution session.

Fred May made a motion to go into executive session at 6:12 pm. Jack O’Rourke second the motion. The motion carried 5-0

Jack O’Rourke made a motion to reconvene the meeting at 7:12 pm. Fred May second the motion. The motion carried 5-0

Attorney Deetz explained the Sunshine Law stating that public entities can have executive sessions to discuss personnel, real estate acquisition or litigation matters. No official action can be taken when you go into executive session, it is an opportunity for board members to hear from their consul and to consider those issues discussed.

Solicitors Report

Mr. Deetz discussed FNCB easement and right of way access for PS # 6. Attorney Deetz contacted Attorney Marc Wolfe of FNCB to try to work out terms for a proposed easement so the Authority can access was a currently undeveloped lot to the north of the bank for access to the pumping station. Attorney Wolfe sent Mr. Deetz an email stating that the bank would not grant an easement. There was lengthy discussion. Attorney Deetz stated he would write another letter to FNCB requesting the easement. The Township will get a copy of the letter and will work to help the Authority on this matter.

There was discussion regarding accessible individual shutoff valves for commercial properties. Perry Henley stated that he is not aware of anything being written in any ordinance or plans, but it would be helpful in order to avoid any major digging into blacktop or concrete.

Doug Olmstead asked if the Authority has a policy in place for the initial hook up produces to the sewer system. Perry Henley stated that has to be done. Dr. Browne stated that we write up a policy that can be established by next month, and forward the draft to Attorney Deetz for review.

Attorney Deetz stated he is in the process of completing the draft for the updated Sewage Capacity Reservation Agreement for HDD Land, LLC. HDD Land, LLC has agreed to sign it and Mr. Deetz will follow through with this matter. This item is to remain on the agenda.

Sale of Connection Rights – Ordinance 160 will remain on the agenda pending review.

Mr. Deetz stated that he met with Attorney Wolfe regarding Water Gap Preserve – Sanitary Sewer System Development Agreement. Mr. Deetz stated that he received a proposed first addendum to the Sewage Capacity Reservation Agreement from Mr. Wolfe. Mr. Deetz distributed the document to the members for review. This will remain on the agenda.

Mr. Deetz met with the members in an execution session to go over Jeff Snyder Entities – Meadow Lake Plaza and also discussed (SWERP).

Mr. Deetz stated that at the request of Authority he prepared a proposed Ordinance No. 162. It is a one sentence ordinance to Chapter 150 - Middle Smithfield Township Winona Lakes Moratorium. Mr. Deetz read the ordinance to the members. Discussion took place regarding the enactment of the ordinance. Mr. Deetz stated that this is not an MPC Ordinance, and as such does not go to the Planning Commission or the County. It only has to be advertised one time. Mr. Deetz stated that the Maula vs. MSTMA appeal is coming up in September. If the Ordinance is in the works he can present it to the Commonwealth Court.

Perry Henley stated his concern that the he would like to make sure that the construction of the Winona Plant is going according to schedule. Discussion took place and Perry Henley stated that he would like to keep communication open on this matter. This item will remain on the agenda.

Perry Henley asked Attorney Deetz if we could have a preliminary meeting with regard to Bushkill Group. Mr. Deetz agreed, stating that he spoke with Scott Miller before the meeting

and they will meet in 10 days to go over the open issues. Perry Henley stated he was concerned because Bushkill Group had their representative at each of the Authority meetings and did not want them to think that the Authority did not want to talk to them. Mr. Deetz will send another email to Mr. Voght and assure him that we are working towards setting up another meeting as soon as possible to meet with him. Perry Henley stated that he wants to keep open the lines of communication.

Scott Schaller mentioned the concern regarding the blasting and inspections for sewer lines being done on Huckleberry Lane (LTS). Attorney Deetz stated that was taken care of on the development agreement that was signed by the Township, the Authority and LTS. Mr. Deetz stated that he made a change in a section of the agreement that stated that the Authority had the right to make inspections on the installations. The agreement deals with the various steps of the development at Water Gap Preserve a 101 lot PRD behind Huckleberry Drive. The developer was to lay a wet line and a dry line. The dry line would potentially serve Winona One. The wet line would serve what will become the 101 lots in Water Gap Preserve. Another road called Cedar Court would have a dry line with a cap at both ends. The discussion took place on who would handle the process of the inspections. Mr. Olmstead stated that the Township would help with inspections, but overall it is F.X. Browne who will be doing the inspections. Dr. Browne stated that he will talk to Fred Courtright and report back at the next meeting. Fred May asked if they will be checking for workmanship as well as being there for pressure testing. Dr. Browne stated that he has someone to do the inspections and they can be there everyday if needed.

Accountant Report

Mr. Scott Miller stated that he has started to do 2007 audit field work and will be back tomorrow. Mr. Miller also stated that he will start to prepare a financial statement next week. Attorney Deetz stated he has a meeting with Mr. Miller on June 16, 2008 and will update Mr. Miller on the projections that Robin Pugh prepared.

Perry Henley stated that the information that Fred Courtright was supposed to turn over to the Bushkill Group regarding the pump station could affect the calculations percentage from one year to the next. Dr. Browne stated that the he will talk to Fred Courtright about this. Dr. Browne stated the meter at the pump station in Lake of the Pines shows a lower flow so that makes the Bushkill Group appear with a greater flow. Mr. Miller asked if this was in reference to the drop flow of 1,000 gallons. Dr. Browne stated it was and he would talk to Fred Courtright to see if he did go to check if something might be wrong with that meter. Mr. Miller stated that was one of his audit findings. Dr. Browne stated that Mr. Miller can call him to discuss any other questions he might have. Perry Henley stated that he would like an inventory of the plant and possibly tag the pumps since this has never been done and it would help Mr. Miller with his reports. Mr. Miller will be visiting the main treatment plant.

Engineers Report

The meeting with White Heron Lake regarding using their open space for spray or drip irrigation is schedule for June 23, 2008 at 6:00 pm. Dr. Browne stated that he will call Michele Clewell because he thought there was an alternate date of June 24, 2008. Dr. Browne stated he could not make it on the June 23, 2008 but could send someone else from his office to the meeting.

Dr. Browne discussed the Winona Lakes sewage expansion. Last week they put in the pre-cast concrete tank (Dutchland) and they are now doing the post tensioning and grouting. They requested $484, 014.33 to cover the pre-cast tank that was put in. Dr. Browne stated that Fred Courthright recommended to make the payment. Discussion took place regarding how much money the Authority has to complete the expansion and/or borrowing money. Attorney Deetz advised Scott Miller to contact Tom Beckett who can bring him up-to-date on the Winona Lakes expansion.

Dr. Browne stated that they met on-site with the CVS contractors yesterday and in the next few days they will level off the service truck area with small stones.

The 537 plan was discussed thoroughly and Dr. Browne will report at the next meeting or as soon as he gathers all the information regarding cost and will obtain Chad Pindar’s report that was conducted on the Broadhead Creek.

Mr. Pat Cusmano asked why Dr. Browne was at the meeting sitting at the Board table. Jack O’Rourke explained that he is filling in for Fred Courtright who could not make it to the meeting and Dr. Browne will be paid at the rate that Fred Courtright is paid. Mr. Cusmano asked about all the piping that has to be put down for the 537 Plan. Jack O’Rourke explained that the map just indicated test sites where water samples would be taken from and that no pipes had to be put in.

Plant Operators Report

Mr. Scholtz reported that he ordered ultra violet disinfection bulbs and port sleeves that should be coming in a couple of weeks. Mr. Scholtz stated that he had to send back two F-10 racks for repair. Mr. Scholtz explained that a pump on one of the process tanks has a seal broken was leaking. East Stroudsburg Electric came to repair it and had to take out the impeller for repair. Discussion took place over the manufacturing and cost of impellers.

Jack O’Rourke asked Mr. Scholtz if he was getting his water quality and discharge reports results. Mr. Scholtz said he was not getting them on time. Dr. Browne stated that he will look into it and will get the reports to Mr. Scholtz. Mr. Scholtz stated that if he does not receive the reports it makes it difficult as an operator and he doesn’t know if he needs any permits or not in case of a problem.

Mr. Scholtz stated that he has a lime delivery schedule for the first week of July.

Mr. Scholtz stated that he has not received any operating manuals for the generator upgrades or the upgrades to the Lake of the Pines pump no. 2 and 6. There is also a broken fence at the pump station in Lake of the Pines. Mr. Scholtz will contact a fence company.

Mr. Scholtz reported that the diaphragm in the pump that is used to pump the solids from the digester into the main plant is getting damaged with little holes. Mr. Scholtz stated that it looks like little plastic sticks that are damaging the diaphragm. Further discussions took place regarding this. Dr. Browne and Mr. Scholtz will work on this.

The invoice from The McElwee Group LLC in the amount of $484,014.33 was discussed. Fred May motion to pay the bill. Oscar Woerlein second the motion. The motion carried 5-0

Discussions took place regarding repair and construction policy. It was discussed that the policy would indicate who is responsible for the lines leading into the home as well as out on the road. Dr. Brown will work on this and report at the next meeting. Dr. Brown suggested that maybe the information can be sent with the quarterly bills.

Dr. Brown will conduct a tour of the treatment plan on June 18, 2008 at 3:00 p.m. Dr. Browne stated they can meet at his office and then head up to the plant.

Pocono Palace was discussed. Dr. Browne state that the buyers have 60 days to make a decision. Perry Henley asked what exactly had to be done. Dr. Browne stated hat they would have to go back and look at the records for the EDU’s and all the calculations. Perry Henley told Dr. Browne that he can get the information from Michele Clewell. Dr. Browne stated that he would also check the records in his office.

Fred May asked Mr. Scholtz if the pump had to be pulled from the CVS site do we do what Dr. Browne suggested and park the truck in the CVS parking lot. Mr. Scholtz stated that there is a truck with an extension. Mr. Scholtz will find out the size of the extension on the boom truck.

There being no further business the meeting adjourned in regular order at 9:44 pm.

Respectfully submitted,

Maria Oliveras, Acting Recording Secretary

MSTMA – June 5, 2008

Perry M. Henley _____________________

Jack O’Rourke ______________________

Fred May __________________________

Mickey Roth ________________________

Oscar Woerlein ______________________