The Telford Borough Authority Meeting held this date was called to order at 6:04 p.m. by Chairman Timothy Hagey with the following members in attendance: Abram Diehl and Nelson Moll.  Thomas Taglang was absent.  Also present were Borough Manager Mark D. Fournier, Recording Secretary Cathy Fried, Public Works Director Donald Beck, and Solicitor Mark E. Weand, Jr.

Item #3 of the May 15, 2008 minutes should read "This service will be by gravity".  A Moll / Diehl motion carried unanimously (3-0) approving the corrected minutes.

COMMENTS FROM AUDIENCE: none

DISCUSSION ITEMS:

1.         Landis Supermarket Development Discussion:

Mark Fournier presented the plans for the Landis Supermarket Development which will involve three (3) phases.  Phase I will be the fuel station; Phase II will be the bank; and, Phase III will be a three-story office building.  A review letter dated June 2, 2008 has been received from Patrick DiGangi of CKS Engineers, Inc.  Mark Fournier sent a will serve letter to PA DEP regarding the additional seven (7) EDU's.

A Moll / Diehl motion was carried unanimously (3-0) to approve the plan making the changes in compliance with the review letter dated June 2, 2008 and granting authorization to enter into the appropriate agreements .

2.         TMDL Discussion:

                Mark Fournier reported there was an extensive conference call between EPA, Philadelphia and  various parties involved in the suit on how the EPA was attempting to create TMDLs for each creek.  EPA will drop the Nitrogen requirements; however, the Phosphorous limit remains at .04 mg/l for our area.  Attorney John Hall is now trying to fight through legislation as to how DEP can administer these regulations.  He sent a letter to legislators and EPA.  He hopes to file a notice of intent to sue to the EPA.  Mark Fournier received a copy of a letter from Congressman Charles Dent to the EPA calling for a meeting and indicating the EPA rationale is flawed.

3.         West Rockhill Township Update:

            The township supervisors had a meeting last night.  They will respond to the Authority proposals made by CKS Engineers in the water service study.

            Mark Fournier had a meeting with TEVA today.  They are attempting to build a sewer plant and pump station to be privately owned.  They want to operate their own well water system.  Mark Fournier will discuss with them the possibility of their becoming a water and sewer customer.  Accomplishing this may involve an offset of tapping fees.  It will need to be determined if they need more capacity for the existing facility.  TEVA has drilled three (3) wells with good results.  The quality of the existing wells needs to be assessed before determining what will be done regarding water and sewer service.  The existing wells do not generate enough volume and are not of a real interest of Telford Borough Authority.  However, the new wells may be of sufficient quality and quantity and could possibly be developed as a municipal source.

4.         THP Water / Sewer Reimbursement Request:

            Mark Fournier indicated he gave a copy of the written reimbursement request to the Authority at the last meeting.  Mark Weand said THP has a right to reimbursement to the distribution portion of the fees.  Mark Fournier and Diane Windfelder will determine which customers have tied into the

sanitary sewer and water system in the areas of Providence I and Providence II subdivisions.

5.         Noble Oaks Update:

            Mark Weand reported that everything has been recorded to close out the project. However, the engineering and legal fees are still outstanding.  These fees have not been received from Robert Alderfer.  Mark Weand has been authorized by Borough Council and the Authority to proceed to collect the money owed.

6.         Harleysville Savings Bank Discussion:

            Patrick DiGangi of CKS Engineers, Inc. sent a review letter for the Harleysville Savings Bank project.

            A Diehl / Moll motion was carried unanimously (3-0) to approve the plan making the changes subject to final review letter dated June 10, 2008 and approval by the Manager, Engineer, and Solicitor and authorizing the appropriate members sign and enter into the required agreements.

7.         Award Bids for Water Pipe, Valve & Fittings:

            The bid opening for water pipe, valve and fitting was held on June 16, 2008.  The bids were reviewed.  Nelson Moll asked why Kennedy Culvert is not indicated to be awarded the bid for the 4 ½' and 5' Bury M.J.  Donald Beck explained that Kennedy Culvert submitted bids for the Kennedy model K81D rather than the Waterous hydrants as itemized in the bid specifications.

                A Moll / Diehl motion was carried unanimously (3-0) awarding the water pipe, valves, and fittings to the lowest qualified bidder as outlined on the attached bid recap sheet dated June 16, 2008.

8.         Hilltown Plaza Agreements:

            Mark Fournier reported that Utility Easement Agreements and the Grant and Bill of Sale had been received and are ready for signature.

            A Diehl / Moll motion was carried unanimously (3-0) authorizing the appropriate member to sign the Utility Easement Agreements and the Grant and Bill of Sale for the Hilltown Plaza Home Depot.

REPORTS:

TREASURER'S REPORT:  accepted as presented   

WATER DEPARTMENT REPORT:   

WATER

1.    Wells - Daily maintenance and record keeping were performed.  Samples were drawn and tested as required.

2.   Reliance Road Water Main Project - Nothing at this time.

3.   Meetinghouse Road Water Main Construction - We completed paving Meetinghouse Road between State Road and Old State Road on May 19^th.  This was a requirement of West Rockhill Township.

4.   TBA/Sellersville Interconnection - Installation of the meter pit will be scheduled after the pit is completed by the supplier.

5.   Main and Hydrant Flushing - Our annual main and hydrant flushing program is approximately 1/3 complete.  We plan to complete this item in June.

6.   Leaks - We experienced a 6" main break at 51 Indian Valley Lane.  This occurred on Saturday night, May 24^th, during the Memorial Day holiday weekend.  Our previous main break occurred on Sunday morning, February 19^th, during the President's Day holiday weekend.

7.   South Tank Inspection - An inspection of the South Water Tank paint job was performed on May 13th.

8.   Water Pipe Bids - We developed specifications for bidding water main, valves, hydrants, and fittings with a bid opening scheduled for June 16^th.  Due to the escalating costs of materials, we now must bid several times per year with shorter bid time frames.

9.   GIS Mapping - GIS Mapping of the water system continues as staff time allows.

SEWER

1.   Collection System -See collection system operator's report.

2.   Reliance Road Sewer - Nothing at this time.

3.   GIS Mapping - GIS Mapping of the Sewer System continues as staff time allows.

4.   W.W.T.F. Maintenance - We repaired a broken yard hydrant at the W.W.T.F. on May 21^st.

Donald Beck reported they are approximately 3/4 of the way through hydrant flushing.

Nelson Moll asked about Centennial Park.  Donald Beck reported they are trying to get the grass to grow and the water system installed in the park.  Mark Fournier reported the walking path is roughed in.  The pavilion to be erected is 44' x 20'.  A conduit will be installed and there will be lighting in the pavilion as well.

COLLECTION SYSTEM REPORT:

Lift Stations:

I haven't seen a difference in the amount of grease at the South Lift Station since I cut back on the amount of bacteria I've been adding. I'm still going every five weeks before getting it pumped out.

Mains:

K&A has been cleaning mains as time permits.  I figure they have about 2 more days to finish the section of town we had scheduled for this year.

I pulled m.h. lids for Nick at CKS along Washington Avenue and E. Broad Street.

I located manholes for Nick at CKS for the sewer easement clearing.

I pulled m.h. lids for TEVA Pharmaceuticals at Meetinghouse Road.  They were having pump troubles and they thought we might have restrictions in our main.

Dan Wurst and I pulled effluent samples from O'Gradys and Burger King

Reviewed GPS maps for CKS.

Home Inspections:

I mailed 100 Second Notice letters out.

47 home inspections were done during the month of May, uncovering 3 violations - 2 vents and 1 floor drain.

Monitoring and Mapping:

Pulled out cleaned up and reinstalled data loggers in m.h. 156.

Miscellaneous:

Attended a PA One Call safety seminar in Phoenixville.

Picked up and laid new carpet at Souderton Telford Main Streets.

Insulated and trimmed out door at chlorine room at well #1.

Repaired lock and installed door closer on the restroom door at the Freight Station.

Mark Fournier reported the sanitary sewer and water easement right of way area has been mowed.

WASTEWATER TREATMENT REPORT:

Operations

• Total effluent flows recorded for May was 24,800,000 gallons for an average daily flow of 800,000 gallons per day.
• We generated 120 tons of Bio-Solids for land application.
• Checked stream and outfall area on a weekly basis.
• There were no violations to report on our April 2008 DMR.
• Met with Tom Figaniak (CKS), Tom McCormick and Steve Schmidt (Siemens), Tim Clancy (BDU Corp.), and Rick Rembis (Emerson Industrial Automation) at various times to assess damages and possible causes to #2 Oxidation Ditch bearing assembly and shaft surface area.  At the present time, we are in the process of compiling all the information we gathered.
• We replaced all of the old signage and added new signs at various points in the plant pointing out potential danger areas and conditions.  This was done for better security purposes.
• On May 21, 2008 we had Ken Hamilton's Environmental Science class from Souderton Area High School at for a plant tour.  Mark Fournier was able to assist during their visit.  Thank you for all your insight.

Maintenance

• LRM came in and installed a new return sludge controller unit that bases our sludge pumping rates off our influent flow meter signal.  This will assist us in better controlling our solids inventory in our oxidation ditch and final clarifiers.
• We took Utility Water Pump #2 out of service.  We disassembled the pump and delivered it to Bearings & Drives to be rebuilt as needed.  This was a budget item.
• We installed a new sprocket on our grit collection system centrifuge unit and put this piece of equipment back in service.
• Rob Ruth and his crew came in and repaired a yard hydrant that had developed a substantial leak.  The job required digging in a tight area.  Thanks for a job well done to all the crew.

Personnel

• Brett Bishop returned to work on a full-time basis for the summer on May 12, 2008.  We welcome him back and congratulate him on a successful first year in college.
• Bill Mattson had the opportunity to attend two different one-day classes entitled "Polymer & Chemical Feed Basics" and "Water Operators Using Computers".  These classes gave him credit hours for his current wastewater and water licenses.

Timothy Hagey asked if the oxidation ditch is repaired.  Mark Fournier reported it has not been repaired as of this time.

Mark Fournier reported he had a meeting with the insurance company representatives and engineers to discuss who is paying for specific items.  The insurance company will cover $28,598 for their portion of the work needed to be done.  Telford Borough Authority will pay for approximately $10,000 of the necessary upgrade work including one-half of the generator rental cost.  This electrical work is being done to make sure it does not happen again.

PWTA REPORT:  A report was received for the file.

Abram Diehl reported the engineer submitted PWTA's Chapter 94 report that included the allocation of 229 EDU's credited to municipalities. 

 SOLICITOR'S REPORT:

1.       WELLHEAD PROTECTION PROGRAM.  There remains nothing to report by reason of lack of Township contact. 

2.       WWTF.  All facility related aspects continue to be reviewed with the Manager and Engineer.  Operation submissions are reviewed on receipt.

3.       INFLOW AND INFILTRATION.  CKS is still metering and compiling data for the report due September 30, 2008.

4.       HILLTOWN INTERCONNECT AGREEMENT.  An Interconnect Agreement with the Hilltown Township Water and Sewer Authority remains pending. 

5.       RELIANCE ROAD SURCHARGE ISSUES.  Efforts continue to remove the I&I in the affected area.  Remedial options continue to be referenced with the Manager and Engineer.

6.       HILLTOWN PLAZA HOME DEPOT.  The Solicitor has initiated a contact with Richard Koory, Esquire, Solicitor for Convention Center Plaza Associates.  A request was made for return of the Utility Easement Agreements and the Grant & Bill of Sale previously forwarded for signature. 

7.       COVENTRY MEADOWS I.  There is no activity to report.

8.       COVENTRY MEADOWS II (METZGER TRACT).  As previously reported, the revised Agreements were submitted to developer's legal counsel on April 30, 2008.  There remains no response.

9.       RYAN COURT (ERIE AVENUE TRACT).  There have been no submissions to the Solicitor subsequent to the all party meeting conducted on April 22, 2008.  The documents required to close out this project represent a Ryan Court roadway dedication, a Utility Easement over Lot 32, and a Deed of Dedication for a portion of Welker Street.  A follow-up reminder has been issued by the Authority Engineer. 

10.    WISTERIA COURT (KONYK TRACT).  A few houses are under construction.  Otherwise, there is nothing further to report. 

11.    VILLAGE AT ROSECLIFFE.  This development remains under construction, with the last houses being built.  Closeout documents will be prepared upon project completion.  

12.    WOODSPRING MEADOWS (STEINHAUER TRACT).  The developer is currently building utilities in this 32 unit townhouse development.  Housing construction, including the model, has commenced.  The sanitary sewer facilities are still being tested. 

13.    DELBAR TRACT SUBDIVISION.  The Development Agreement, Escrow Agreement, and two Easement Agreements pertaining to the Borough were approved for signature by council on June 2, 2008.  The Utility Easement Agreement pertaining to the Authority has been signed by the Chairman and Manager.  The three Easement Agreements were subsequently recorded with the Bucks County Recorder of Deeds on June 12, 2008.  Recorded copies have been submitted for record retention.  The real estate settlement with the Lutheran Community has been deferred until mid-June.  It is projected that a Land Development Plan will be prepared.  The Lutheran Community expansion will require numerous water and sanitary sewer EDUs. 

14.    LANDIS SUPERMARKET.  All aspects of the Land Development remain under consideration with the Manager and Engineer.  The Land Development Review (second review) for the Borough, and the water and sanitary sewer system review (second review) for the Authority, as prepared by the Engineer, have been received by the Solicitor.  As referenced, the proposed improvements would include an office building, a bank, and a fueling station. 

15.    2008 BUDGET.  Budget considerations continue to be addressed with the Manager as various projects arise.

16.    SELLERSVILLE WATER INTERCONNECT.  The Notice Of Intent To Award submitted by CKS on May 16, 2008 has been reviewed by the Solicitor.  The required documents, including insurance certification by A.C. Miller

concrete Products have not been submitted to the Solicitor at this time.  Construction/installation of the meter pit has not started. 

17.    WELL NO. 4.  (A) Commonwealth Court Appeal.  The DEP Brief was personally filed in the Harrisburg office of the Commonwealth Court on June 6, 2008.  The Solicitor mailed the TBA Brief on June 5, 2008 via overnight mail to assure filing on the same date as the DEP Brief.  This request was made by counsel for DEP.  M&M has 15 days within which to file a responsive Brief.  The scheduling of oral argument is projected for this fall.  (B) United States District Court.  The Motions to Dismiss filed by all party defendants remain pending before the court for disposition.  M&M's efforts to proceed with discovery are being resisted as premature by reason of the pending motions.  (C) Bucks County Litigation.  There has been no activity.  It is projected that there will be no activity until there is a determination in the pending federal suit.  (D) Temporary Discharge Approval.  As previously reported, DEP and TBA have responded to Request for Production of Documents as filed by M&M.  It is projected that M&M will now proceed with depositions.  (E) Water Loss Insurance.  There is no update on the issue of water loss insurance coverage for M&M Stone Co. which is currently subject of federal litigation.   The Certificate of Liability Insurance, as reviewed by the Solicitor, names DEP as the certificate holder and describes coverage as including "degradation and diminution in quality and quantity of public and private water supplies." 

18.    ARSENIC REMEDIATION.  The mechanical design component for Well No. 4 is basically completed.  Pending determination of the Commonwealth Court Appeal, implementation is being deferred.

19.    H&K QUARRY WATER SUPPLY WELL.  By reason of conclusion reached in the Earth Data report, it does not appear that a water supply well on the H&K Quarry site will be pursued.  Accordingly, this item will be deleted from further report. 

20.    M&M LAND DEVELOPMENT.  There remains no report on any proposed residential development of the site adjoining the M&M Quarry operation.

21.    NOBLE OAKS.  Escrow refund for project closeout remains pending.  Issues are being addressed with legal counsel for Robert C. Alderfer.  Since Authority easement recording was completed on April 9, 2008, this matter will be deleted from further report.

22.    SOUTH SEWERAGE LIFT STATION.  There continues to be no contact with regard to this proposed rerouting of flow.

23.    GIS MAPPING.  CKS is acquiring additional field data as required for completion of the GIS water and sanitary sewer maps. 

24.    CONSUMER CONFIDENCE REPORT.  The draft format was reviewed by the Manager and Solicitor at recent meeting with the Engineer.  CKS will initiate distribution to all customers by July 1, 2008.

25.    SOUTH TANK REPAINTING PROJECT.  The anniversary date inspection by the contractor has indicated no water surface issues.  Some touch up is required inside the structure.  The contractor will return to complete the required painting. 

26.    ELECTRIC ROOM FIRE.  The Engineer is in the process of scheduling an all party meeting to address the issue of insurance coverage.  In this format the consultant can confer directly with the insurance company representatives to evaluate replacement requirements. 

27.    WEST ROCKHILL TOWNSHIP PROPOSALS.  The Village of Almont Water Service Study, as prepared by CKS, has been received and reviewed by the Solicitor.  Service options and cost estimates have been referenced.  The study was submitted to the West Rockhill Township Supervisors by the Manager on May 21, 2008.  There has been no response. 

28.    NASE AGREEMENT.  The Sanitary Sewer Service Agreement for the Nase property as prepared by the Solicitor has been reviewed with the Manager.  Revisions are required. 

29.    STEVENS AGREEMENT.  The Solicitor has completed an Escrow Agreement to guaranty the work for the proposed force main connection to this residential property situate 318 E. Summit Street.  The Agreement has been reviewed with the Manager and found to be acceptable as drafted.  The Manager will confer with property owner representatives for a preconstruction meeting on June 13, 2008.

Mark Weand reported that DEP filed a brief in Commonwealth Court on June 6^th.  The Telford Borough Authority brief has also been filed.  M&M Stone Quarry has 15 days to file a responsive brief.  There will be no oral argument.  Mark Weand feels they may have made a preliminary determination in our favor. 

Regarding Federal District Court, M&M Quarry wants to move forward with depositions.  Motions are still pending before the court to dismiss the suit.  Mark Weand feels it would be a waste of time to take depositions while motions are pending.

All Easement Agreements have been recorded for the Delbar Tract.

Mark Weand reported the agreements have been completed for the Stevens project.  He also reported he has drafted an agreement for the Nase project as well.  

Nelson Moll asked about the status of GIS mapping.  Mark Fournier reported they are continuing to collect data.  They did map checking to verify they are accurate such as flow direction, etc.

Abram Diehl asked about the South Storage Tank.  Donald Beck reported Todd Mathe was able to lower the water level in the tank by bleeding it off and using all the water rather than wasting it to lower the level.  The painting of the tank was very well done. 

ENGINEER'S REPORT:   

Timothy Hagey asked what is happening with the Well #4 Arsenic Treatment design.  Mark Fournier reported CKS Engineers is finalizing the details of the electrical design.

Delbar - Mark Fournier reported the work started today.  Telford Borough and PennDot required sidewalk, curb and a road widening in front of the property.

MANAGER'S REPORT:

• Met with the Authority Engineer and Solicitor to coordinate various project reviews and construction projects.
• Met with various engineers / owners regarding sewer and water service to serve their proposed properties.
• Held a bid opening for the meter pit for the Sellersville Interconnect project.
• Met with the Solicitor to coordinate agreement preparation for various developments needing water and sewer service.
• Met with Don Beck and Dan Wurst regarding hiring of staff at the Wastewater Treatment Facility.
• Met with the Engineer and Staff to coordinate use of the GIS System.

Mark Fournier reported he is presently looking for a wastewater treatment facility worker. The ad will be in The Reporter and The Intelligencer on Friday, June 20^th and Sunday, June 22^nd.  The ads will reflect the range of salary.

OTHER BUSINESS:   

Timothy Hagey feels Telford Borough should begin acquiring data pertaining to TMDLs.  He explained that another township has begun collecting samples at locations above the outfall, at the outfall, and below the outfall.  The TMDLs apply to free flowing steams.  It was noted that Indian Creek goes dry above the outfall while it does not go dry below the outfall.  He feels the Authority should then take a good look at the legal and engineering data necessary to make a good defense.  Nelson Moll questioned if pictures should be taken of certain areas.  Timothy Hagey remarked the data will be needed for support and consideration should be given to developing a strategy.  He feels the Authority could suggest an alternative that would have an impact on the phosphorous level of the creek.

Payment of the bills and requisitions for the month of May in the amount of $240,068.43 was approved

unanimously (3-0) by a Moll / Diehl motion.

A Diehl / Moll motion carried unanimously (3-0) authorizing the signing of the checks.

The meeting adjourned at 7:46 p.m. by a Moll / Diehl motion.

Respectfully submitted,

Mark D. Fournier