The Telford Borough Authority meeting held this date was called to order at 6:01 p.m. by Chairman Timothy Hagey with the following members in attendance: Abram Diehl and Nelson Moll.  Thomas Taglang was absent.  Also present were Manager Mark Fournier, Recording Secretary Cathy Fried, Public Works Director Donald Beck, Engineer Patrick DiGangi, and Solicitor Mark E. Weand, Jr.

A Diehl / Moll motion carried unanimously (3-0) approving the October 2, 2008 and October 16, 2008 minutes.

COMMENTS FROM AUDIENCE:  none

 DISCUSSION ITEMS:

1.         Budget Approval:

There was a brief discussion regarding the 2009 Budget.  Authority Chairman Timothy Hagey feels depreciation should be phased in as an operating expense over a period of 10 years.  He also feels there should be a fixed depreciation schedule so items can be replaced as needed rather than based on growth.  Mark Fournier commented the Authority passed a resolution at the August 7, 2008 Authority Workshop to use 75 years rather than 50 years in calculating depreciation.  Mark Fournier also reported the Telford Borough Authority has matched replacement to growth and income. 

A Diehl / Moll motion was carried unanimously (3-0) to adopt the 2009 Budget as presented.          

2.         M&M Stone Update:

            Abram Diehl questioned Mark Fournier about comments contained in his deposition dated October 27, 2008 regarding the choices available for Well #4 depending on the outcome of the M&M Stone vs. DEP, etal. suit.  Mark Fournier explained the rationale used to support his statements.  Solicitor Mark Weand reported M&M has filed a application with Commonwealth Court for Reconsideration on October 31^st.  As soon as a decision is handed down by Commonwealth Court there will be a meeting to decide the next course of action toward the restoration of Well #4.  Mark Weand said the Authority Manager and Engineer will address what should be done next.  Mark Weand, Mark Fournier, Patrick DiGangi and David Fennimore, a hydrogeologist from Earth Data, will document our needs and outline them to DEP, who will draft an enforcement order to be sent to M&M.  Timothy Hagey questioned the amount of money spent thus far.  Mark Fournier estimated approximately $250,000.

            Mark Weand stated there has been no further activity regarding the Blum well and the M&M inquiry of Robert Blum.

3.         TMDL Update:

            Mark Weand reported that Hall & Associates met with officials of EPA on November 13^th to discuss the request for peer review.  There has been no response from DEP for a similar meeting.

            The Authority entered into Executive Session at 6:52 p.m. to discuss a matter of potential litigation.

            The Authority exited Executive Session at 7:01 p.m.  No action was taken. 

4.         Award 2008 Easement Clearing Project:

            Engineer Patrick DiGangi reported the bid opening for the 2008 Easement Clearing Project was held on Tuesday, November 18^th.  The low bid was submitted by Landscape Design, Inc. in the amount of $42,600.  Patrick DiGangi commented that Landscape Design, Inc. was awarded the bid for the 2006 Easement Clearing Project and their work was done in a timely manner and in a good workmanlike manner.  He, therefore, recommended the Authority Board award the bid to Landscape Design, Inc.

            A Moll / Diehl motion was carried unanimously (3-0) to award the bid for the 2008 Easement Clearing Project to Landscape Design, Inc. in the amount of $42,600.

5.         Sludge Hauling Contract:

            Mark Fournier reported he has been contacted by Synagro regarding the expiration of the 2006 Sludge Hauling contract.  Synagro has agreed to extend the contract 1 year for $57.75 per ton price.  The extension would be for the period of 12/28/08 to 12/28/09.

            A Diehl / Moll motion was carried unanimously (3-0) authorizing the Authority Manager Mark Fournier to send a letter to Synagro extending the sludge hauling contract for a period of 12/28/08 to 12/28/09 at the present price of $57.75 per ton.

6.         Harleysville Savings Bank Update:

            Engineer Patrick DiGangi reported a review letter has been sent to Harleysville Savings Bank. 

            A Moll / Diehl motion was carried unanimously (3-0) approving the plans and authorizing the proper officials to sign agreements with Harleysville Savings Bank for the re-routing of water and sewer utilities for their proposed Hilltown branch office.

7.         Staff Christmas Gifts:

            A discussion was held regarding Christmas gifts for Telford Borough staff.  Timothy Hagey felt a change could be made from items of apparel as those given for the past few years.  Suggestions were made to give either a gift card for local restaurants or possibly a VISA or MasterCard gift card.

            A Diehl / Moll motion was carried unanimously (3-0) to give each staff member a VISA or MasterCard gift card in the amount of $50.

REPORTS:

TREASURER 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.   TBA / Sellersville Interconnection - Due to schedule demands and technical glitches, we have not been able to complete putting the meter pit on line.  We hope to complete this in November.

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

4.   Summit Avenue Water Project - We began replacing the old 4" cast iron water main in Summit Avenue between Main Street and School Lane on 10/13/08.  To date, our team has installed 900' of new 8" ductile iron pipe, a new fire hydrant, and interconnected to existing pipe at Main Street and also Grandview Avenue.  We filled the new line on 10/30/08.  After disinfection, de-chlorination and flushing, we plan to begin service line relocation during the week of 11/ 3/08.  Our target date to reconstruct Summit Avenue with a new base course is scheduled for November 17^th.  Installation of the wearing course will be deferred to spring, 2009.

5.   Maintenance of Mains & Valves - On 10/20/08 we replaced a leaking 6" hydrant line valve located at the PPL Service Center on State Road.

6.   Meter Reading - Meter reading for the 4^th quarter was completed by our staff.

SEWER

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

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

3.   Summit Avenue Sewer Main Project - Lateral replace to properties serviced by our new 8" PVC sewer main in Summit Avenue between Main Street and School Lane was completed on 10/ 8/08.  Items to be completed include curb and sidewalk restoration, setting m.h. casings to finished grade, and wrapid sealing.

Public Works Director Donald Beck reported the water main on Summit Street was completed today.  He expects to finish milling the street on Monday of next week and to apply the base coat on Tuesday.  The top coat will be applied next spring.  The public works crew will be working on leaf collection.  Nelson Moll questioned Donald Beck about the maintenance of mains and valves.  Donald Beck explained that Todd Mathe and Christopher Haddon have been checking valves.  

COLLECTION SYSTEM REPORT: 

Lift Stations:

Checked daily, added bacteria 3 times a week.

Cleaned grease from the South Lift Station.

Ron from R&R Pump and I pulled both pumps from both lift stations and maintained them as part of our yearly preventative maintence program.

I purchased security lights to be installed by Swartley Electric at both lift stations.

Home Inspections:

13  home inspections were made for the month of October.  Two (2) repairs were made. 23 reminder letters were sent requesting residents make appointments for inspections and have their repairs made.

Mains:

I met with a JDM about clearing their concrete from the sewer easement that goes through their property.

I met with T. J. from CKS about the pipe relining project.

I tv'ed and jetted a lateral on Washington Avenue that was closed up with grease.

I also checked on a sewer problem at 16 Grandview Drive.

Monitoring and Mapping:

Reviewed G I S maps with  Chris Fainio from CKS.

I installed data loggers  in m.h. 37 and 47-2 download them weekly and e-mail the data to CKS.

I shot G I S points on valves and hydrants for Todd.

Miscellaneous:

I took air conditioner units out of the windows at Souderton Telford Main Streets.

I attended a budget meeting with Mark Fournier, Daphne Hollowbush and Donald Beck for the collection system .

I helped Todd change chlorine bottles at well #5.

I attended a seminar on G I S 9.3 at Valley Forge.

I helped Todd read water meters.

WASTEWATER TREATMENT REPORT:  

Operations

•·    Total effluent flows recorded for August was 17,782,000 gallons for an average daily flow of 573,600 gallons per day.

•·    We generated 72 tons of Bio-Solids for land application.

•·    Checked stream and outfall area on a weekly basis.

•·    There were no violations to report on our September 2008 DMR.

•·    Gary's Septic cleaned the grease from our South Lift Station and pumped off the contents into Digester #2 for disposal.

•·    We received official notice for this year's DMRQA-08 study.  All results generated by our in-house lab and contracted outside lab (QC Laboratories) came back as acceptable.

•·    We had a storm mode event on 10/28/08-10/29/08 due to significant flows from "2.7" inches of precipitation recorded at the treatment plant.  During this event Franconia was in violation of their Addendum 8-hourly flow limit (1100 gpm).  An official letter with documentation was mailed to George Witmayer as required.  Details of these events were placed in your board packets.

•·    I had a meeting with Mark and Daphne to discuss budget item pricing for the upcoming year at the treatment plant.

Maintenance

•·    Swartley's Electric installed a spotlight over the return sludge pumping station area in the plant for safety concerns and ease of operations during any night time call-in hours.

•·    We replaced a set of sprockets and a chain drive assembly on the oxidation ditch as required.

•·    R&R Pump & control Services came in for their yearly service call to go over our Gorman Rupp grit pump.  No problems were discovered at the present time.

•·    We had Bergey's install 4 new tires on the plant pickup truck.  We also installed a new battery in the pickup truck as needed.

•·    We took Primary Tanks #1 and #2 out of service to inspect all flights and chains for signs of wear.  No major problems were seen at this time.

•·    Reuter and Haney were in to do their vibration and infrared scans on all the plants equipment and control panels.  Some minor issues were found and were fixed immediately as suggested in their report.

Personnel

•·    William Mattson has begun his classes called Activated Sludge Certificate Training.  This course is a ten week course that will give him credit hours towards his current wastewater license as required by the DEP.

 PWTA REPORT: 

SOLICITOR'S REPORT: 

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

      of Township contact.

2.     WWTF.  Operation aspects and facility related matters continue to be reviewed with the Manager and Engineer.

3.    INFLOW AND INFILTRATION.  CKS continues to collect data for the next semi-annual status report to DEP 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.  Engineering endeavors on the sanitary sewer rerouting to alleviate the Reliance Road surcharge continue to be reviewed with the Manager and Solicitor.

6.    HILLTOWN PLAZA HOME DEPOT.  Recording of the Easement Agreements to finalize this project remains pending.  A follow-up contact has been initiated to the September 9, 2008 request for a supplemental advance to cover Authority costs.

7.    COVENTRY MEADOWS I.  Although a few homes remain under construction, there is no update since last report.

8.    COVENTRY MEADOWS II (METZGER TRACT).  The revised Agreements submitted some time ago by the Solicitor have not been returned by developer's legal counsel.

9.    RYAN COURT (ERIE AVENUE TRACT).  The Grant & Bill of Sale for Telford Borough Authority Facility Dedication has been returned by the Developer.  On November 7, 2008, The Solicitor recorded a Roadway Dedication Agreement for Ryan Court and the Welker Street Alley.  An Ordinance accepting the Ryan Court Dedication was adopted by Borough Council on November 3, 2008.  Upon adoption of a similar Ordinance for the Welker Street Alley on December 8, 2008, the closeout requirements for this development will be completed.

10.  WISTERIA COURT (KONYK TRACT).  With the completion of the site work, CKS is now preparing a punch list for this John Garis nine lot subdivision along Clymer Avenue.

11.  VILLAGE AT ROSECLIFFE.  With the last units having been completed, CKS is in the process of preparing a punch list.

12.  WOODSPRING MEADOWS (STEINHAUER TRACT).  As previously represented, every lateral must be video inspected and flushed prior to punch list inspection by CKS. 

13.  DELBAR TRACT SUBDIVISION.  The Solicitor has received and reviewed the final inspection punch list dated October 20, 2008 as submitted by the Engineer in accordance with Section 510 of Act 247, the Municipalities Planning Code.  A Roadway Deed of Dedication will be prepared by the Solicitor upon certification of project completion by PennDOT.

14.  LANDIS SUPERMARKET.  The project continues to be reviewed with the Manager and Engineer with no specific report other than construction continues.

15.  BUDGET.  During the course of the 2009 Budget preparation, the Manager has provided informational reports to the Solicitor.

16.  SELLERSVILLE WATER INTERCONNECT.  Since last report, the Manager has requested that the Solicitor prepare an Interconnect Agreement utilizing the format approved by the Authority for the North Penn Interconnect Agreement.

17.  WELL NO. 4 LITIGATION.  (A) Commonwealth Court Appeal.  On October 17, 2008, the Commonwealth Court entered an Order affirming the adjudication and Order of the Environmental Hearing Board dated January 31, 2008 dismissing M&M appeals of DEP Orders.  On October 31, 2008, M&M filed an Application with the Commonwealth Court requesting reargument/reconsideration. On November 14, 2008, the Solicitor filed a Letter Notice/Objection with the Commonwealth Court pursuant to Appellate Rule of Procedure No. 2545.  DEP intends to file a formal extensive Response on November 17, 2008.  A reasonably prompt decision by the Commonwealth Court is projected.  (B) United States District Court. (i) As previously represented, the Court entered an Order on September 29, 2008 granting partial relief to motions to dismiss and allowing M&M leave to file an Amended Complaint.  On October 20, 2008, M&M filed an Amended Complaint comprising 226 paragraphs.  On October 24, 2008, the Solicitor participated in a conference call of all defense attorneys to formulate approach for the filing of motions to dismiss the Amended Complaint.  Subsequently, said motions and briefs in support thereof have been filed with the court. Determination remains pending. (ii) Following evaluation of the Moyer Well on September 29, 2008, the Solicitor requested from counsel for M&M a copy of the report expected to be prepared by Gary Kribbs, P.G.  To date, there has been no response. (iii) There has been no further activity pertaining to a Blum Well inspection following the issuance of subpoena on September 21, 2008.  (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.  On October 27, 2008, the Solicitor attended the depositions of Mark Fournier taken by counsel for M&M at the Timoney Knox law office  On October 28, 2008, the Solicitor and Manager attended the depositions of John Fabian and Sohan Garg taken at the DEP office in Norristown.  A hearing date has been scheduled for April 20, 2009 by EHB Order. (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.  All aspects of the arsenic remediation design for Well No. 4 are being finalized by CKS.

19.  M&M LAND DEVELOPMENT.  There continues to be no contact from M&M following review meeting on July 22, 2008.

20.  SOUTH SEWERAGE LIFT STATION.  There continues to be no report on the proposed flow rerouting.  Sale activity of the property in question is being generated by the School District.

21.  GIS MAPPING.  This represents an ongoing project with CKS and Authority personnel.  Status reports are provided to the Manager and Solicitor on a monthly basis.

22.  SOUTH TANK REPAINTING PROJECT.  The required touch-up by the contractor has not been completed.

23.  WEST ROCKHILL TOWNSHIP PROPOSALS.  There remains no response from West Rockhill Township pertaining to the Village of Almont Water Service Study as provided by the Authority. 

24.  TEVA.  There remains no response from TEVA's engineer to the CKS correspondence September 11, 2008 providing a Water and Sanitary Sewer System Plan Review.  On November 4, 2008, the Manager, Engineer, and David Fennimore, P.G. met with TEVA representatives to receive a proposal involving conveyance of the TEVA wells to the Authority in exchange for forgiveness of EDU charges.  A subsequent evaluation meeting including the Solicitor, Manager, Engineer and David Fennimore, P.G. was conducted on November 13, 2008.  Options will be submitted to the Authority Board with detailed financial considerations.

Timothy Hagey asked for an update of the sewer bill issue for property at 32 Township Line Road.  Mark Weand responded he has not had a response from Mr. Walker's attorney.

A letter was included in the packet from Borough resident Clayton Reed expressing his displeasure of the increased dollar amount of service fees being charged as a result of quarterly billing as opposed to semi-annually billing.  It was the general consensus of the Authority Board that Mark Fournier send a written explanation to Mr. Reed.

Payment of bills and requisitions for the month of October in the amount of $362,948.21 was approved unanimously (3-0) by a Moll / Diehl motion.

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

The meeting adjourned at 8:11 p.m. by a Moll / Diehl motion.

Respectfully submitted,

Mark Fournier

Secretary