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: Thomas Taglang, Abram Diehl and Nelson Moll.  Also present were Manager Mark Fournier, Recording Secretary Cathy Fried, Engineer Patrick DiGangi, Solicitor Mark E. Weand, Jr., Public Works Director Donald Beck, and Wastewater Treatment Facility Superintendent Daniel Wurst.

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

COMMENTS FROM AUDIENCE:  none

 DISCUSSION ITEMS:

1.         Reappointments:

A Moll / Taglang motion was carried unanimously (4-0) reappointing Mark E. Weand, Jr., Esquire of Timoney, Knox, LLP as Solicitor for the year 2009.

A Moll / Taglang motion was carried unanimously (4-0) reappointing CKS Engineers, Inc. as Engineer.

A Diehl / Moll motion was carried unanimously (4-0) designating Univest National Bank & Trust, Quakertown National Bank and First Savings of Perkasie as depositories for Authority funds; and directing the Manager to invest funds on hand at the best available rates.

A Moll / Taglang motion was carried unanimously (4-0) authorizing the Manager to advertise for bids for goods and services as needed during 2009.

2.         TMDL Update:

            Solicitor Mark Weand referenced e-mails he received from Attorney John Hall regarding TMDL's.  The EPA has agreed to peer review.  Mark Weand reported the EPA has indicated their determinations were technically and legally sound.  They will conduct the peer review to expand on their initial product.  Telford Borough Authority will proceed with appeals to the Environmental Hearing Board. Mark Weand is submitting a letter to PA DEP with notice to proceed with depositions asking for dates in the middle of February.  Chairman Timothy Hagey reported EPA explained there are three (3) levels of peer review: 1) EPA staff doing the peer review, 2) EPA providing evidence to their selected scientists to evaluate, and 3) a full hearing on the merits of the case by both sides.  EPA chose to have peer review done without any further input.  Attorney Hall said this is not acceptable.  Thomas Taglang asked if this agency has considered the cost burden TMDL's will place on water and sewer authorities.  Timothy Hagey said the cost to authorities is not a factor being considered by EPA / PA DEP.  

3.         M&M Stone Update:

            Solicitor Mark Weand reported M&M has filed a petition to appeal to the Pennsylvania Supreme Court on January 5^th.  Mark Weand's opinion is that M&M has not met the standard for the Supreme Court to hear their appeal.  Regarding the suit filed in federal court, the motions to dismiss the second complaint are still pending.  

4.         Adoption of Fraud Policy:

            Mark Fournier explained that the auditors have requested Telford Borough Authority develop a fraud policy to set forth procedures to be followed in the event any employee feels it necessary to report possible fraud, the investigation process, and remedies.  

            A Taglang / Diehl motion was carried unanimously (4-0) to adopt the Telford Borough Authority Fraud Policy.

5.         TEVA Discussion:

            Engineer Patrick DiGangi reported he and Mark Fournier met with Steve Altemare of TEVA and their Engineer, Peter Anderson.  They discussed the possibility of TEVA being a water customer since they are presently a sewer customer.  TEVA would allow Telford Borough Authority to use their wells and allow easements across their property that would aid in possibly serving the Almont region at some future time.  Patrick DiGangi feels the Authority should respond to this proposal.  Thomas Taglang asked about the condition of the wells that were drilled on TEVA property.  Patrick DiGangi responded the wells are contaminated with arsenic and would, therefore, require arsenic treatment.  Timothy Hagey commented the Authority should look at the cost to run a water main from Meetinghouse Road to TEVA.  Patrick DiGangi estimated the cost at approximately $500,000 and he feels TEVA should be advised of the cost to run water to their facility.  It was the consensus of Telford Borough Authority to respond that we are willing to serve them with public water without an offset in sewer EDU costs.

6.         WWTF - Oxidation Ditch Shaft Replacement Proposal:

            Mark Fournier presented the proposal submitted by Eastern Environmental Contractors, Inc. for the replacement of the Oxidation Ditch Shafts in the amount of $62,240.  A discussion followed regarding the cost of this replacement and the possibility of required change of equipment as a result of TMDL's.  Patrick DiGangi reported a big part of the cost is the purchase of materials.  This replacement is work needed to keep it running and in compliance.

            A Taglang / Diehl motion was carried unanimously (4-0) authorizing acceptance of the repair proposal by Eastern Environmental Contractors, Inc. in the amount of $62,240 for the replacement of the oxidation ditch shafts.

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

3.     Maintenance of Mains - On Tuesday, 12/23, we experienced an 8" water main break at 38 W. Church Road.  The main was repaired by our crew and water service was restored in approximately 2 ½ hours.

4.     Summit Avenue Water Project - Nothing at this time.

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 - Nothing at this time.

Public Works Director Donald Beck reported there was a water main break at 415 Acorn Avenue last Thursday.  Tomorrow the public works crew will be repairing a break at the Green Meadows housing development.  Mark Fournier reported that while the public works crew was repairing the water main break on Acorn Avenue, a resident commented on how quickly the problem was repaired.

COLLECTION SYSTEM REPORT: 

LIFT STATIONS:

I checked daily and added bacteria 3 times a week. Pumped out grease monthly at the South Lift Station, quarterly at the North Lift Station.

I'm trying a different bacteria from a supplier that Dan uses.  We'll see how it works out because the price is less than half of the cost we are now paying.

HOME INSPECTIONS:

I made three home inspections for the month and one re-inspection.

Letters were sent to those residents that have not made an appointment for an inspection yet and to those who have not made repairs as of this date.

I also made two U&O inspections:  176 W. Broad Street and 70 Whethersfield Circle.

MAPPING & MONITORING:

I'm working on putting together a notebook with a map and attribute table of the system to keep with me in my truck.

We're continuing to work with CKS on our GIS maps.

MS4:

I took pictures and filled out inspection reports for 10 outfalls within the Borough and sent them to Michelle at CKS.

MAINS:

I was called to 329 W. Reliance Road for a sewer problem. I determined the problem was in the lateral before the vent so I called K & A to tv the main and found the lateral on our end was broken. The road crew replaced the clay lateral with pvc.  We also tv'ed the entire length of the Reliance Road main to evaluate whether or not that section should be relined.

We also did a post inspection video of the line replacement on Summit Ave. and everything looked great.

MISCELLANEOUS:

I helped Don and Gary put up the town Christmas tree and decorated Borough Hall and Police Station.

I also took one week of vacation.

Mark Fournier reported that a sump pump was disconnected at the Bier Garten Tavern on Main Street.   

WASTEWATER TREATMENT REPORT:  

Operations

• Total effluent flows recorded for December was 31,743,000 gallons for an average daily flow of 1,024,000 gallons per day.
• We generated 24 tons of Bio-Solids for land application and 24 tons of Bio-Solids for landfill disposal.
• Checked stream and outfall area on a weekly basis.
• There were no violations to report on our November 2008 DMR.
• Gary's Septic cleaned the grease from our North and South Lift Stations.  We pumped off the contents into Digester #2 for disposal.
• Franconia Township had WEMS Resources, Inc. in to the plant to calibrate and certify both of their flow meters and chart recorders as required.
• We had two storm mode events and one SSO event at the plant for the month of December.  The first event occurred on December 11^th until December 12^th.  The second event occurred on December 19^th until December 20^th.  Details of these events were distributed in your board packets.
• Chris Gunter and Brett Bishop are in working on various projects while they are on their respective holiday breaks from college.

Maintenance

• Swartley's Electric was in to replace the moisture sensor between the dual walls of the main diesel fuel oil tank at the treatment plant.
• Swartley's Electric was in to replace the thermostats on the electric heaters in the Chlorine Room and the Sodium Bio-sulfate Building.  This was done as a cost saving project.
• We replaced a broken chain coupling assembly on one of the main aerator drive assemblies on the oxidation ditch.
• We finished changing oil in all the plant's equipment for the winter months.
• We replaced various pieces of building trim and the garage door that was on the plant's storage shed as required.
• West Generator Services was called in to examine an oil leak on the motor of the emergency generator.  They replaced two hoses on the generator that were found to be old and deficient.

Personnel

• I attended a one-day training class on Jar Testing for Process Control Water Treatment.  This course gave me contact hours for my sewer and water licenses.

WWTF Superintendent Daniel Wurst reported there were two (2) storm events and one (1) SSO event during the month of December.

PWTA REPORT:   We received a written monthly report for the file.

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. Subject to recent discussion was the oxidation ditch shaft replacement proposal.  The Solicitor reviewed the proposal as submitted by Eastern Environmental Contractors, Inc. and accompanying material including the Siemens' Sales Quote. The replacement project which constitutes repair/maintenance of an existing facility component will move forward.

3.      INFLOW AND INFILTRATION.  CKS continues to collect data for the semi-annual status report due for DEP submission March 2009.

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

5.      INTERZONE TRANSFER PROJECT PHASE II (RELIANCE ROAD SURCHARGE).  At review conference on January 7, 2009, the Solicitor received the contract documents for the sanitary sewer diversion project dated December 2008 as prepared by CKS Engineers, Inc.  Bid opening has been scheduled for January 28, 2009.  The bid results will be presented to the Authority on February 5, 2009 for contract award, if appropriate.

6.      HILLTOWN PLAZA HOME DEPOT.  The requested supplemental advance to cover easement recording fees   has not been tendered by Home Depot.  Since the request was made some time ago, the Solicitor will initiate a call to the corporate counsel who negotiated the Agreement terms.  Pending recording, the Authority cannot properly access the proposed easement area to initiate repair or maintenance.

7.      COVENTRY MEADOWS I.  CKS issued an interim punchlist in mid December 2008, but nothing has been done.

8.      COVENTRY MEADOWS II (METZGER TRACT).  (A) The Service and Escrow Agreements as prepared by the Solicitor remain with the developer's legal counsel.  (B) At recent meeting, it was determined that CKS would contact the developer to determine if the Authority can accept dedication of that portion of the sanitary sewer line in Keystone Drive so that the residences in this area can connect to alleviate existing problems associated failed on site sewerage systems.

9.      RYAN COURT (ERIE AVENUE TRACT).  The closeout requirements for the Ryan Court development were completed on December 8, 2008 when Borough Council approved Ordinance No. 374 providing for acceptance of the Welker Street Alley.  Dedication of Borough and Authority facilities has been completed.  Accordingly, this item will be deleted from further report.

10.    WISTERIA COURT (KONYK TRACT).  Since only four of nine units have been completed, this project is far from completion stage endeavors.  Status review, however, is maintained with the Manager and Engineer.

11.    VILLAGE AT ROSECLIFFE.  The work on the punchlist issued by CKS in November 2008 has been completed.  Four Easement Agreements remain pending with the Solicitor.  The Agreements currently in draft form will be completed at time of direction by the Manager.

12.    WOODSPRING MEADOWS (STEINHAUER TRACT).  This development proposes thirty-two (32) townhouse units along Clymer Avenue, eight of which have been completed.  An interim punchlist was issued by CKS on December 17, 2008, however, no related work has been undertaken.

13.    HARLEYSVILLE SAVINGS BANK.  As previously represented, this proposed bank facility is located at 41 N. County Line Road.  Since utility improvements include water and sanitary sewer service by Telford Borough Authority, Service and Escrow Agreements will be required.  Although CKS issued its last review letter on November 18, 2008, an estimate of costs for preparation of the escrow tabulation has not been provided by Stout, Tacconelli & Associates, Inc. on behalf of Harleysville Saving Bank.

14.    UNIVEST BANK, ROUTE 113.  This bank facility is projected for construction at Bethlehem Pike and Route 113.  A water and sanitary sewer system review letter was issued by CKS on December 16, 2008.  A copy of this submission to the Solicitor included an escrow prepared by CKS Engineers, Inc. generally based upon the Construction Cost Estimate prepared for the project by Urwiler and Walter, Inc., dated November 12, 2008.  Accordingly, the Solicitor will proceed to prepare the required Service and Escrow Agreements.  As previously referenced, no easement agreements will be required.

15.    DELBAR TRACT SUBDIVISION.  A Roadway Deed of Dedication and a Grant and Bill of Sale are required for project closeout.  These documents will be prepared by the Solicitor since the required information has been provided by the Engineer.  In the interim, punchlist items are being attended to.

16.    LANDIS SUPERMARKET.  The Solicitor continues to review this project with the Manager and Engineer for aspects that affect the Borough Authority.  Service related agreements will pertain only to the Authority and will be prepared by the Solicitor at the appropriate time.

17.    BUDGET.  The 2009 Budget has been approved by the Authority.  Budget items will continue to be referenced with the Manager during the course of the year as various issues arise.

18.    SELLERSVILLE WATER INTERCONNECT.  An Interconnect Agreement remains pending with the Solicitor.

19.    WELL NO. 4 LITIGATION.  (A) Commonwealth Court Appeal.  On January 5, 2009, M&M Stone Co. filed a Petition for Allowance of Appeal in the Supreme Court of Pennsylvania from the Memorandum Opinion of the Commonwealth Court of Pennsylvania entered October 17, 2008 affirming the adjudication of the Environmental Hearing Board dated January 31, 2008.  As previously referenced, an Application for Reconsideration was denied by the Commonwealth Court on December 4, 2008.  The Solicitor has conferred with Craig Lambeth, Esq. to coordinate a Response which is required within 14 days of receipt of service.  Appropriate responsive filings will be initiated by DEP and TBA.  A prompt determination is not projected.  (B) United States District Court. (i) The Motions to Dismiss the Amended Complaint filed by M&M remain pending with the District Court.  The Solicitor has received no subsequent contact. (ii) There remains no response to the Solicitor's request to legal counsel for M&M for report on Moyer Well evaluation conducted on September 29, 2008.  (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.  There has been no contact since completion of the depositions on October 27 and 28, 2008.  As previously represented, a hearing has been scheduled before the Environmental Hearing Board on April 20, 2009 at the DEP Southeast Regional Office in Norristown. (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. 

20.    ARSENIC REMEDIATION.  The arsenic remediation design for Well No. 4 is basically done.  By correspondence dated December 24, 2008 directed to DEP, CKS questioned the need for the Draft NPDES Permit recently issued for the backwash discharge of the Well No. 4 Arsenic Treatment System.  A similar communication was also submitted with regard to Well No. 6.  This issue has been discussed at recent review meeting with the Manager and Engineer.

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

22.    SOUTH SEWERAGE LIFT STATION.  There is no update since last report.

23.    GIS MAPPING.  As previously represented, the Sanitary Sewer System GIS Mapping has been completed.  CKS and Authority personnel continue to work on the water system mapping.

24.    SOUTH TANK REPAINTING PROJECT.  Since the required touch-up by the contractor has been completed, this item will be deleted from further report.