The regular meeting of the Middle Smithfield Township Municipal Authority was called to order on Thursday, May 1, 2008 at 6:00 pm at the Schoonover Municipal Building. Perry M. Henley presiding.

 

Members present: Perry M. Henley, Fred May, Mickey Roth and Oscar Woerlein. Also present were Richard Deetz, Fred Courtright, Dave Scholtz, Robyn Pugh, Michele Clewell and Township Engineer R. Douglas Olmstead.

 

Fred May made a motion to approve minutes with a date correction, the date to read April 16, 2008. Mickey Roth second the motion. The motion carried 4-0.

 

Fred Courtright stated that Derstine Company has completed contracts seven and eight and the operation and maintenance manuals for pump stations 1, 2 and 6 have been received. Mr. Courtright also stated that the McElwee Group has poured the concrete slab for the Winona Lakes STP expansion.  Mickey Roth made a motion to approve the listed payables. Fred May second the motion. The motion carried 4-0.

 

 

  Winona 

  MSTMA 

 Total

 Check No.

 

 

 

 

 

 

 

 

 

 

Allstate Septic

         450.00

       660.00

     1,110.00

3971

Coyne Chemical

 

     2,245.00

     2,245.00

3972

Derstine Company

 

   38,300.00

   38,300.00

3973

FX Browne, Inc

 

       616.00

        616.00

3974

M & T Bank

 

   81,422.50

   81,422.50

3975

McElwee Group

   147,375.00

 

  147,375.00

3976

Strand Pool Supply

         451.98

       702.50

     1,154.48

3977

Verizon

 

       239.26

        239.26

3978

Waste Management

 

     2,191.90

     2,191.90

3979

 

 

 

 

 

 

 

 

 

 

Total Bills

   148,276.98

 126,377.16

  274,654.14

 

 

Correspondence

Fred Courtright stated that PA DEP is on the verge of requiring comprehensive municipal Sewage Management Plans (SMP’s) as part of ACT 537 plan updates.

 

A letter from Rosina Getting of Big Ridge was received stating that Roto Rooter is expected to begin cleaning internal sewer lines within Big Ridge Development the week of May 5, 2008.

 

The DEP reimbursement for the ACT 537 plan was received by the township in the amount of $139,397.31. The Board of Supervisors is expected to forward the PA DEP reimbursement to the Municipal Authority.

 

Solicitor Report

Richard Deetz stated that the Assignment and Assumption for US Home to HDD Land, LLC and release of the Lennar Corporation letter of credit should remain on the agenda as he continues to work on them.

 

Richard Deetz provided background information regarding the proposed Sewer Connection Ordinance. The public hearing is scheduled for May 8, 2008 before the Board of Supervisors. Copies of Doug Olmstead’s comments were reviewed and discussed at length. Mr. Deetz stated that he has reviewed Mr. Olmstead’s comments. Mr. Deetz stated that he will attend the May 8, 2008 Supervisors meeting. The Authority members stated that since this is a lengthy topic they would continue with the agenda items and conclude discussions of the ordinance at the end of the meeting.

 

Mr. Deetz provided background information regarding the Water Gap Preserve Sanitary Sewer Agreement between the Authority and LTS. He has reviewed and is satisfied with the Sanitary Sewer Agreement. Mr. Deetz stated that the Authority does not have a completed signed Sewage Capacity Reservation Agreement or the letter of credit from LTS which is also required. Fred Courtright stated that LTS forwarded a copy of their bid documents for the sewer lines and he concurs with their quote. Oscar Woerlein made a motion to approve the officers of the Municipal Authority to sign the proposed Water Gap Preserve Sanitary Sewer Agreement subject to completing the underlying issues of signing the Reservation Agreement, and posting of the letter of credit. Fred May second the motion. The motion carried 4-0.

 

Richard Deetz reported that Attorney Ferrari has not responded to his letter regarding Jeff Synder Entities of Meadow Lake Plaza. Fred Courtright stated that he went down to Meadow Lake Plaza and witnessed the laundromat is still in operation. Mr. Deetz stated that he will contact Mr. Ferrari again. There was discussion regarding the procedures for notice of intent to cut-off service. Oscar Woerlein made a motion authorizing and directing the Engineer and Solicitor to post and send a Notice of Intent to Cut-Off Service two weeks from the date of the posting to Jeff Synder Entities for the laundry mat located at Meadow Lake Plaza. Mickey Roth second the motion. The motion carried 4-0.

 

Mr. Deetz stated that he is waiting to hear back from SWERP Inc. and this item should remain on the agenda.

 

Richard Deetz stated that a copy of the Maula vs. MSTMA brief filed with the Commonwealth Court is available in Michele Clewell’s office.

 

Mr. Deetz stated that the Bushkill Group continues to work on various matters and this item should remain on the agenda.

 

Doug Olmstead stated that after reviewing the FNCB land development plans for the township he felt that it should be brought to the attention of the Authority that an easement was not noted on the plan to grant the Authority access to pump station #6. Mr. Deetz stated that he will contact the banks representative to discuss the easement agreement.

 

Richard Deetz stated that the Authority members received copies of a proposed “Resolution Declaring Intent That The Authority Be Reimbursed From The Proceeds of Note Or Bonds Issued By The Township Of Middle Smithfield For Expenditures Made By The Authority Prior To The Date Of Issuance Of Such Note Or Bonds”. After further discussion Mr. Deetz recommended the Authority adopt the resolution. Fred May made a motion to sign the Resolution. Oscar Woerlein second the motion. The motion carried 4-0.

 

Richard Deetz stated that that at a previous meeting the Authority granted the authority to himself and Michele Clewell to adjust accounts in bankruptcy status. Mr. Deetz also stated that a title agent is offering the Authority $1000.00 for a property within Lake of the Pines to clear the outstanding liens. Mr. Deetz recommended writing this account off and accepting the offer to settle the account. No motion was required.

 

Fred May made a motion to go into executive session at 6:45 pm to discuss personnel matters. Mickey Roth second the motion. The motion carried 4-0.

 

Fred May made a motion to reconvene the meeting at 7:00 pm. Mickey Roth second the motion. The motion carried 4-0.

 

Richard Deetz had to leave the meeting as he had a prior engagement.

 

Robyn Pugh stated that she is no longer employed with Riley and Company and is requesting that the Municipal Authority disengage Riley and Company and engage her accounting/auditing services. Fred May stated that Robyn Pugh and John Riley are the only accountants that the Authority has ever had and we may not have much of a choice as this situation is very complicated The Authority stated that Robyn has their vote of confidence. Robyn Pugh stated that there is no restriction with the AICPA (American Institute of Certified Public Accountants). Mickey Roth made a motion to send a letter to Riley and Company disengaging their services and send a letter to Robyn Pugh engaging her accounting/auditing services. Fred May second the motion. The motion carried 5-0. Perry M. Henley stated that in lieu of some noted concerns, the Authority would like a response from Riley and Company regarding the disengagement letter.

 

Engineers Report

Fred Courtright stated that in the best interest of the Authority and the Board of Supervisors he and Doug Olmstead will begin meeting periodically. The Authority concurred with Mr. Courtright’s statement.

 

Mr. Courtright reported that members of the Authority will be meeting with PA DEP and DRBC to discuss the wastewater treatment plant and the 537 plan on Tuesday, May 20, 2008 at 10:00 AM at the Swiftwater PA DEP office.

 

Mr. Courtright stated that he continues to receive shop drawings and operation and maintenance manuals for the Winona Lakes STP expansion.

 

Fred Courtright stated that he has had discussions with Doug Olmstead and John Zaharchuk, developer of the CVS Pharmacy regarding access to pump station #6. The Authority asked if the pump station could be raised. Correspondences from Mr. Zaharchuk indicated that the plan approved noted that steps from the CVS parking lot to the pump station and putting a fence around the pump station is all that was required. Mr. Courtright stated that it is unrealistic to raise the pump station as the cost is estimated to be $65,000.00. Mr. Courtright stated that he will be meeting with Mr. Zaharchuk tomorrow morning at 900 am. Mickey Roth stated that he would like the Authority’s access point to be stone and not grass.

 

Fred Courtright provided copies of his review letter on the ESSA Land Development Plan at the Dutchman property. Mr. Courtright stated that there is an agreement for sale of the Dutchman property and ESSA is proposing a 7386 sq. ft. building which will accommodate a 3,535 sq.ft Financial Institution and a 3,800 sq. ft Retail Space. The plans propose the installation of a new Duplex Pump Station and a 1 ˝” SDR-26 Lateral to the existing connection point. Perry M. Henley asked if there can be a separate shutoff. The Authority has the following recommendations for the Board of Supervisors.  (1) Whoever the property owner is, they are considered one customer, (2) Use the SDR-7 Lateral and (3) place metallic tape on the piping for future identification.

 

Mickey Roth asked if the Water Gap Preserve sewer lines would have the magnetic tape was included. Mr. Courtright stated that he spoke to the contractor and the contractor indicated that the tape was included for the main lines and laterals to the curb stops.

 

Plant Operators Report

There was discussion regarding a cleaning system timeline for the sewer lines within private developments. Mr. Scholtz and Mr. Courtright stated that they would work together and evaluate the numbers.

 

Dave Scholtz stated that he contacted PA DEP for a list of complaints they have received. Mr. Scholtz stated that he should have the list in about one week.

 

Dave Scholtz stated that the flow meter for Lake of the Pines cannot be calibrated. He stated that he will obtain a quote for a new flow meter for the next meeting.

 

There was discussion regarding the average flows for the Pocono Palace Resort. Fred Courtright stated that he calculated the flows and the average flow is in line with the EDU’s that they have purchased.

 

Proposed Sale of Connection Rights Ordinance

After further discussion regarding the comments received from Doug Olmstead on the proposed Sale of Connection Rights Ordinance Mickey Roth made a motion to send a memo to the Board of Supervisors noting that the Authority recommends the public hearing scheduled for May 8, 2008 be held and table any possible action until public comments can be analyzed and addressed. The Municipal Authority also has the following recommendations:

 

  1. Add a paragraph – The Middle Smithfield Township Municipal Authority inspector will be on hand at all times for lying of sewer lines.
  2. Add a paragraph – Applicants with Land Development and Subdivision plans are required to complete and submit the Contracts for Professional Services once a plan has been accepted by the Middle Smithfield Township Planning Commission.
  3. Section 148-9.D (5) is a concern with the Municipal Authority and has requested Attorney Deetz to review this issue so that this can be discussed by the Authority again. 

Oscar Woerlein second the motion. The motion carried 4-0.

 

New Business

Due to the July 4th holiday there was discussion of canceling the July 3, 2008 meeting. Fred May made a motion to cancel the July 3, 2008 meeting. Mickey Roth second the motion. The motion carried 4-0.

 

There was discussion regarding the June 5, 2008 meeting and the possibility of canceling the meeting. It was the consensus to table this decision until the next meeting.

 

Pat Cusmano questioned the Authority regarding the flows of the Fernwood Hotel and how would that change if they were granted a gaming license. Mr. Courtright stated that the resort has a certain amount of capacity and when that amount is used they would be out of capacity. Mr. Courtright also stated that we have the numbers showing how much is going through the sewage treatment plant and how much is from the Authority.

 

There being no further business Mickey Roth made a motion to close the meeting at 9:00 pm. Oscar Woerlein second the motion. The motion carried 4-0.

 

Respectfully submitted,

 

 

 

Michele Clewell, Recording Secretary

May 1, 2008

 

 

Perry M. Henley _______________________

 

Fred May ____________________________

 

Mickey Roth __________________________

 

Oscar Woerlein ________________________