The Telford Borough Authority meeting held this date was called to order at 6:00 p.m. by Chairman Timothy Hagey with the following members in attendance: Abram Diehl, Thomas Taglang and Nelson Moll.  Also present were Manager Mark Fournier, Recording Secretary Cathy Fried, Engineer Patrick DiGangi, Solicitor Mark E. Weand Jr., and Wastewater Treatment Facility Superintendent Daniel Wurst, and Wastewater Treatment Facility Worker William McCue.

A Diehl / Moll motion carried unanimously (4-0) approving the September 4, 2008 and September 18, 2008 minutes.

COMMENTS FROM AUDIENCE:

Manager Mark Fournier introduced Wastewater Treatment Facility Worker William McCue to the Authority Board.  William began employment with Telford Borough October 6^th and has been training with William Mattson.  Daniel Wurst commended William Mattson for his hard work and effort this past year to maintain coverage at the WWTF while shorthanded.

DISCUSSION ITEMS:

1.         M&M Stone Update:

            Solicitor Mark Weand referenced his report.  As of this date, M&M has not filed a supplemental appeal.  He attended the Moyer well inspection.  Mr. Weand has asked attorney Douglas Blazey the reason for the inspection but has not received an answer at this point.  M&M has also requested an inspection of the Blum well.  A date has not yet been set for this inspection.  Regarding the temporary discharge approval, the depositions originally scheduled for October 14^th and 15^th have been rescheduled for October 27^th and 28^th.

2.         Tapping Fee Study Update:

            Patrick DiGangi explained he is working on the tapping fee study.  He intends to send the study to Mark Fournier by November 4^th.

3.         TMDL Update:

            Solicitor Mark Weand filed motions for the appointment of three (3) attorneys of Hall Associates to this case before the Environmental Hearing Board.  He received an order from the court granting the motion for them to represent Telford Borough Authority pro hoc vice for this occasion.  Mark Fournier said the EPA will be sitting down to negotiate and consider peer review as indicated in the Hall e-mail of October 14^th.  No date has been set for this discussion. 

4.         Rate Resolution Adoption:

            There was a brief discussion regarding the addition of water and sewer reimbursement components to the rate resolution. 

            A Taglang / Moll motion was carried unanimously (4-0) authorizing the amendment of Water and Sewer Reimbursement Components to the attached Rate Resolution.

            Timothy Hagey asked if non-metered flat rate sewer customers are charged the $18.00 service charge in addition to the $99 flat rate.  Mark Fournier responded he will research this and have the answer for the next meeting.

REPORTS:

TREASURER REPORT: accepted as presented

Mark Fournier reported he is in the process of preparing the 2009 budget.  Gasoline prices have increased; however, there has been a decrease in the cost of insurances.  Also, the cost of materials used at the wastewater treatment facility has increased so the operating costs have increased.

WATER DEPARTMENT REPORT:

WATER

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

2.         TBA / Sellersville Interconnection - Pipe work to the meter pit / vault is complete.  Grading and seeding for the site is complete.  When we receive the O & M manual for the meter pit, we will begin to put it in service.

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

Personnel

• William McCue was officially hired and accepted the position of Wastewater Treatment Facility Worker.  His official start date is Monday, October 6, 2008.  We all welcome him and wish him a long and exciting career with Telford Borough Authority.

Superintendent Daniel Wurst highlighted the effluent flows for August being a bit more than usual and he did not need to send our sludge to the landfill.  Nelson Moll asked if there are still visitors to the plant.  Daniel Wurst responded school classes do visit the plant periodically.

Mark Fournier reported William McCue will begin the process to obtain his operator's license by enrolling in the proper training classes as soon as they become available.

PWTA REPORT:

Mark Fournier reported the draft budget has been received and will be approved.   

SOLICITOR'S REPORT:  

1.    WELLHEAD PROTECTION PROGRAM.  By reason of lack of Township contact, there remains nothing to report.

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 has submitted the latest semi-annual status report to DEP summarizing the I&I abatement activities for the period of February 2008 through July 2008.  Data continues to be collected for the next report which is due by March 31, 2009.

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

5.    RELIANCE ROAD SURCHARGE ISSUES.  CKS is still working on the sanitary sewer re-routing to alleviate the Reliance Road surcharge.  Engineering endeavors continue to be reviewed with the Manager and Solicitor.

6.    HILLTOWN PLAZA HOME DEPOT.  As indicated, the Agreements to finalize this project have been returned by Home Depot.  There has been no response, however, to September 9, 2008 request to supplement the depleted escrow account to cover Authority costs.

7.     COVENTRY MEADOWS I.  There is no update since last report.  A few homes are under construction.

8.     COVENTRY MEADOWS II (METZGER TRACT).  There remains no contact.  Developer's legal counsel has not returned revised Agreements submitted some time ago by the Solicitor.

9.     RYAN COURT (ERIE AVENUE TRACT).  On September 15, 2008, the Solicitor received submissions from Mark Herrmann (Investment Developers, LLC) intended for closeout of the Ryan Court development.  Thereafter, the Solicitor met with the Manager and Engineer on September 26, 2008 to review the submissions.  By reason of the reconfiguration of Lot 31, Mark Herrmann will be able to convey the irregular segment of Welker Street for the required Roadway Dedication to Telford Borough.  The Engineer has prepared the legal description and plan attachment for document preparation by the Solicitor.  It was determined that a Utility Easement over Lot 32 for the benefit of the Authority will not be required since the recorded plan shows a private easement for the lateral.

10.  WISTERIA COURT (KONYK TRACT).  The site work has been completed on this John Garis nine lot subdivision along Clymer Avenue.  Accordingly, CKS can now prepare a punch list.

11.  VILLAGE AT ROSECLIFFE.  The last few units have been completed.  A punch list is pending with CKS.

12.  WOODSPRING MEADOWS (STEINHAUER TRACT).  The developer is requesting a punch list prior to final paving.  Since any number of cleanouts were broken during construction, every lateral must be video inspected and flushed.

13.  DELBAR TRACT SUBDIVISION.  The punch list for the Church Road construction requires completion by CKS.  Upon issuance of PennDOT approval, the Solicitor will prepare a Roadway Dedication Agreement for Bucks County recording.

14.  LANDIS SUPERMARKET.  This expansion project continues to be reviewed with the Manager and Engineer for aspects that affect the Authority.  Service Agreements will pertain only to the Authority.

15.  2008 BUDGET.  Efforts to draft the 2009 Budget have been initiated by the Manager.  Discussion will be maintained with the Manager for Solicitor input as requested.

16.  SELLERSVILLE WATER INTERCONNECT.  The interconnect construction, site work restoration and fire hydrant elevation have been completed.  Pending specific reference to the Solicitor, this item will be deleted from further report.

17.  WELL NO. 4 LITIGATION.  (A) Commonwealth Court Appeal.  The Decision of the Commonwealth Court has not been rendered at this point.  As referenced, Oral Argument occurred on September 11, 2008.  (B) United States District Court. (i) On September 29, 2008, James Knoll Gardner, United States District Judge, entered an Order and 87 page Opinion in support thereof, on Motions to Dismiss filed by all defendants.  The Commonwealth and DEP were dismissed on the basis of Sovereign Immunity.  TBA was dismissed for all federal claims except for the substantive due process claim.  Mark Fournier and other individual defendants were dismissed with leave to file an amended Complaint by October 20, 2008.  Some of the state law claims were also dismissed.  Accordingly the issues have now been narrowed. (ii) On September 29, 2008, the Solicitor attended an evaluation of the Moyer Well situate 2595 County Line Road.  The investigation was conducted by Gary Kribbes, P.G., on behalf of M&M Stone Quarry.  A summary has been prepared and submitted to the Authority.  (iii) On September 21, 2008, M&M caused a subpoena to be served on Robert Blum requesting a well inspection at premises 3068 Old State Road.  The date of well inspection has not been scheduled at this time.  Documents pertaining to well activity have also been requested by subpoena. (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.  The depositions of the Manager as scheduled for October 14, 2008 and the depositions of DEP personnel scheduled for October 15, 2008, have been postponed by legal counsel for M&M.  Rescheduling dates have been requested in the ten day period between October 21, 2008 and November 3, 2008.  (E) Water Loss Insurance.  No information has been

received with regard to the substance of resolution of the federal litigation involving the issue of water loss insurance coverage for M&M Stone Co. 

18.  ARSENIC REMEDIATION.  The electrical component of the arsenic remediation design for Well No. 4 is being reviewed and finalized by CKS.   

19.  M&M LAND DEVELOPMENT.  There remains no contact since the July 22, 2008 meeting where plans with review deposits were requested by the Manager.

20.  SOUTH SEWERAGE LIFT STATION.  There remains no update.  The proposed flow rerouting is dependent upon the sale and development of the property owned by the School District on both sides of County Line Road.

21.  GIS MAPPING.  A significant amount of field work remains for the water mapping portion of this project.  CKS continues to work on this aspect along with Authority personnel.

22.  SOUTH TANK REPAINTING PROJECT.  By correspondence dated September 19, 2008, CKS set October 17, 2008 as contractor completion date for the required touch-up work.

23.  ELECTRIC ROOM FIRE.  The switchover work has been completed.  Infrared testing is required.  This item will therefore be deleted from further report.

24.  WEST ROCKHILL TOWNSHIP PROPOSALS.  There has been no response from West Rockhill Township pertaining to the Village of Almont Water Service Study, as prepared by CKS. 

25.  TEVA.  The TEVA expansion project continues to be reviewed with the Manager and Engineer.  The Land Development Plan and EDU cost evaluations are also referenced at periodic meetings. 

26.  NASE AGREEMENT.  On September 30, 2008, the Manager submitted a fully executed copy of the Service Agreement to the Solicitor and property owner.  Since the project is ready to go, a preconstruction meeting will be scheduled.

27.  HARLEYSVILLE SAVINGS BANK.  Submission of a revised plan to CKS is required before the Authority can take any action on this project.  Following Authority approval, the Solicitor will prepare Service, Escrow and Easement Agreements for this bank facility to be constructed at 41 N. County Line Road.

28.  TMDLs.  On October 2, 2008, the Environmental Hearing Board entered an order granting Motion for Admission of Out of State Counsel as filed by the Solicitor.  Accordingly, Hall & Associates can appear pro hac vice as special counsel for Appellant, Telford Borough Authority.  Extensive email submissions on all case related aspects continue to be received and reviewed by the Solicitor.

29.  LUTHERAN COMMUNITY AT TELFORD.  There have been no submissions since the preconstruction meeting on September 2, 2008.

30.  SANITARY SEWER RELINING PROJECT.  Bid documents are being prepared by CKS.  Again, there will be one contract for all required work.

31.  ROW CLEARING PROJECT.  CKS will initiate field survey for stake out and bid spec completion.  The specs will be available for prospective bidders on October 28, 2008.  A pre-bid meeting for the right-of-way clearing project is project for November 11, 2008.  Bid opening will be scheduled for November 18, 2008.

Mark Weand questioned if a check has been received from Home Depot in response to the request for an advance for the escrow account.  Mark Fournier indicated that nothing has been received as of today's date.  Mark Weand reported that Ryan Court is in the closure stage.  Regarding the Sellersville Interconnect, Abram Diehl asked if an Emergency Interconnect Agreement is pending.  Mark Fournier will discuss an agreement with the manager of Sellersville. 

ENGINEER'S REPORT:  We received the monthly report for the file.

Mark Fournier reported Patrick DiGangi is making progress with bid documents for the 2008 Right of Way Clearing Project.  The bid documents will be available by October 28^th with bids being opened November 18^th.  The project will need to be scaled back because inspection of the area revealed there are sheds, fences, etc. encroaching the right of way that may need to be removed. 

MANAGER'S REPORT:

•·    Met with the Authority Engineer and Solicitor to coordinate various project reviews and construction projects.

•·    Coordinated development activity of various development projects.

•·    Met with our insurance agent regarding insurance policy renewal and budget costs.

•·    Began budget preparation.

•·    Met with our Engineers and Staff regarding the ROW Clearing project and stream bank stabilization of Well #6.

  ·    Attended a Commonwealth Court Hearing for the M&M Stone case in Harrisburg.

•·    Coordinated a meeting with our engineers and TEVA regarding their plan review and future   submission of data.

•·    Coordinated the hiring and testing of our new WWTF worker.

•·    Coordinated the THP reimbursement request analysis by staff and our consultants.

•·    Coordinated the preparation of the revised tapping fee study with staff and our engineers.

Mark Fournier commented he is working on permits to possibly do stream stabilization at Well #6.  CKS Engineers has completed the applications for this project.

OTHER BUSINESS: 

Regarding reimbursement for TH Properties, today TH Properties submitted a request indicating their objections to the method of calculation for reimbursement.  A response will be made by the engineer and solicitor explaining the reimbursement calculations.

Payment of bills and requisitions for the month of September in the amount of $155,488.52 was approved unanimously (4-0) by a Moll / Diehl motion.

A Moll / Taglang motion was carried unanimously (4-0) authorizing the signing of the checks.

The meeting adjourned at 7:25 p.m. by a Diehl / Moll motion.

Respectfully submitted,

Thomas Taglang

Secretary