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Hampden Township Sewer Authority

Regular Meeting Minutes

January 17, 2017 – 7:00 P.M.

PRESENT WERE:

Sewer Auth. Members:           Chairman Thomas, Mr. Todaro, Mr. Gaspich, Mr. Sullivan and Ms. Knight

Consultants:                            Solicitors Cooper and Coyne

Commissioners’ Liaison:         Commissioner Thomas

Township Staff:                      Township Manager Metts, Public Works Director Miller and Stormwater Division Superintendent Gralski

Sanitary Related Items/Discussion

Call To Order

Chairman Thomas called the Regular Meeting to order at 7:00 p.m. Proof of Publication was available for public inspection.

Nomination/Election of Officers

MOTION: by Mr. Gaspich to retain the current slate of officers for 2017. The motion was seconded by Mr. Todaro.  There were no additional nominations; motion carried unanimously.  The 2017 officers are as follows:

Chairman                                                             John V. Thomas

Vice-Chairman                                                   Matthew Todaro

Treasurer                                                               John Gaspich

Secretary                                                                Patrick Sullivan

Assistant Secretary/Assistant Treasurer          Louise Knight

Audience Participation

John Murphy, Alpha Consulting Engineers, was present to discuss the 5600 Carlisle Pike Project. He requested conditional approval by the Authority for the sewer module for this project subject to final review by Public Works Director Miller; he said he hoped to have the project on the Board of Commissioners’ agenda for its February meeting.

MOTION: by Ms. Knight authorizing conditional approval of the planning module for the 5600 Carlisle Pike Project for the purpose of discussion. The motion was seconded by Mr. Sullivan.

Discussion on the Motion:  Mr. Miller said staff will confirm that comments have been satisfactorily addressed prior to the plan being presented to the Board of Commissioners for action.  Mr. Murphy confirmed three new stores will occupy the space with additional space for two or three other businesses.

Mr. Miler said the proposed project’s sanitary flow will go to Pump Station No. 5 which is currently under corrective action by the PA Department of Environmental Protection which allows 100 EDUs capacity during remediation of the service area. He said the proposed project’s flow is well within those 100 EDUs.

Mr. Murphy noted that staff has been extremely cooperative and assured the members that Alpha will extend its full cooperation to staff during the project.

Motion carried unanimously.

Junior Commissioner Harshan Sivarajv was also in attendance to observe the meeting.

Point of Order

Mr. Gaspich suggested the agenda presented for this evening’s meeting be changed to reflect both sanitary and stormwater issues. He said the discussion regarding the 5600 Carlisle Pike Project and some of the payments listed on the agenda were sanitary-related.  Chairman Thomas said it was previously agreed that if the only sanitary-related items before the Authority was approval of payments, action on those payments could be considered under the stormwater meeting rather than having two separate meetings; he said, however, that policy could be changed if the members so decided.

Mr. Gaspich said it was his belief, based upon the discussion regarding the 5600 Carlisle Pike Project, that a sanitary meeting was conducted this evening and recommended the agenda be revised showing sanitary-related payments listed under the sanitary portion of the agenda.

Manager Metts noted that Mr. Murphy’s attendance for this evening was not anticipated which explains why that discussion was not on the agenda as a separate item. Chairman Thomas said the meetings are advertised and audience is afforded the opportunity to speak before the members.  Chairman Thomas suggested if there are no sanitary items for action and/or discussion the Authority could then address stormwater issues; the agenda could begin with Call to Order followed by Audience Participation.

Administrative Payments

Check No. 2459 – Coyne and Coyne, P.C. – Professional Services – $350.00

Check No. 2460 – Goldberg Katzman, P.C. – Professional Services – $700.00

Check No. 2461 – PA Municipal Authorities Association – One-half 2017 Active Dues – $497.50

MOTION: by Mr. Gaspich approving the above listed payments. The motion, seconded by Mr. Sullivan, carried unanimously.

Developer Escrow Payments

Check No. 1818 – Coyne and Coyne, P.C. – Professional Services – $175.00

Check No. 1819 – Goldberg Katzman, P.C. – Professional Services – $1,209.50

MOTION: by Mr. Gaspich approving the above listed payments. The motion, seconded by Mr. Sullivan, carried unanimously.

Right-of-Way Solicitor’s Report

Solicitor Cooper presented Goldberg Katzman’s 2017 contract for execution, as approved at the Authority’s December meeting. He said he had nothing to report at this time.

Solicitor’s Report

Solicitor Coyne said his 2017 contract, as approved at the Authority’s December meeting, would be submitted for execution; he said he had nothing to report at this time.

Commissioners’ Liaison Report

Chairman Thomas said he had nothing to report relating to sanitary items.

Adjournment

Discussion regarding sanitary–related items concluded at approximately 7:25 p.m. The Stormwater Meeting immediately followed.

_____________________

Judy K. Robinson, Recording Secretary

Hampden Township Sewer Authority

Regular Meeting Minutes

December 20, 2016 – 7:00 P.M.

PRESENT WERE:

Sewer Auth. Members:         Chairman Thomas, Mr. Todaro, Mr. Gaspich and Ms. Knight

Consultants:                           Solicitors Cooper and Coyne

Commissioners’ Liaison:        Commissioner Thomas

Township Staff:                      Manager Metts, Public Works Director Miller and Stormwater Division Superintendent Gralski

Absent:                                   Sewer Authority Member Sullivan

Sanitary Agenda

Call To Order

Chairman Thomas called the Regular Meeting to order at approximately 7:00 p.m.  Proof of Publication was available for public inspection.

Audience Participation

Sarah Miller and Vickie Russell, Trindle Road, were in attendance to discuss connection of Ms. Miller’s property to the sanitary sewer system.  Ms. Russell said the property in question is a double lot, with two separate deeds which she formerly owned but is now owned by her daughter, Ms. Miller.  Ms. Russell said when she executed a deed of easement with the Authority in 2010, she was under the impression the sewer would run to the improved front lot; she said she has since been told his may not be correct.

Ms. Russell explained that Ms. Miller is obtaining estimates for the connection; Ms. Miller said some of the contractors are questioning the location of the lateral.

At this point, Right-of-Way Solicitor Cooper provided background information regarding the Deed of Easement he prepared for this property in 2009-2010.  He said the developer of the Kunkle Tract was to install a sewer line in the private road behind Trindle Road.

Solicitor Cooper said the property in question consists of two lots, one behind the other.  He said he spoke with the then owner, Mr. Russell, and eventually drafted an agreement stating that in lieu of the Authority obtaining an easement across the rear lot for the benefit of the front lot, the owner would agree to connect to the sewer when it became available.

Ms. Russell said she was under the impression that the Authority would bring the sewer line to the location of the tree to the front lot from the back.  Mr. Gaspich said the Authority and/or the Township would never install sewer lines across private property except to obtain easements.  Solicitor Cooper confirmed that statement and indicated the Authority typically does not install laterals.

Ms. Miller explained she is having difficulty obtaining financing to cover the cost of the lateral connection and tap fees; she also questioned if a connection time extension would be available.  Mr. Miller offered to meet with potential contractors on site to assist with determining the location of the lateral.  Manager Metts suggested the developer also attend that meeting.  Mr. Miller further offered to discuss with the Board of Commissioners Ms. Miller’s inquiry regarding a time extension and possible payment plan for the tap fees bt recommended she submit her request in writing to the Board. Ms. Miller also questioned the status of her complaint regarding illegal dumping on the rear property.  Mr. Miller said he referred her concerns to the Township’s Code Enforcement Officer.

Junior Commissioner Harshan Sivarajv was also in attendance to observe the meeting.

Treasurer’s Report

The Treasurer’s Report for the period ending November 30, 2016 was accepted as presented.

Approval of Minutes

MOTION: by Ms. Knight approving the November 15, 2016 Regular Meeting minutes.  The motion, seconded by Mr. Todaro, carried unanimously.

Discussion – 2017 Professional Staff Contracts

2017 Consulting Engineer Appointment

Mr. Todaro referred the members to Gannett Fleming’s proposal contained in the meeting packets; he then made the following motion:

MOTION: by Mr. Todaro to accept the proposal received from Gannett Fleming dated December 14, 2016.  The motion, seconded by Ms. Knight, carried unanimously.

2017 Right-of-Way Solicitor Appointment

Chairman Thomas referred the members to a proposal in their meeting packets from Goldberg Katzman P.C. dated December 20, 2016.  Solicitor Cooper said the proposal includes a labor rate of $150.00 per hour and noted the last increase was requested in 2012; he said Goldberg Katzman P.C.  is not charging a retainer fee again this year.

OTION: by Mr. Gaspich appointing Goldberg Katzman P.C. as its Right-of-Way Solicitor for 2017 at the hourly rate of $150.00, with no retainer fee.  The motion, seconded by Ms. Knight, carried unanimously.

2017 Solicitor Appointment

Solicitor Coyne requested consideration for reappointment of Coyne & Coyne, P.C. as the Authority’s Solicitor for 2017 at an hourly rate of $150.00; he noted the proposal also did not include a retainer fee.

MOTION: by Mr. Gaspich appointing Coyne & Coyne, P.C. as the Authority’s Solicitor for 2017 at an hourly rate of $150.00, with no retainer fee.  The motion, seconded by Mr. Todaro, carried unanimously.

MaherDuessel 2016 Audit Services

MOTION: by Mr. Gaspich approving the proposal submitted by Maher Duessel toperform 2016 auditing services, in the amount of $7,900.00, as outlined in its engagement letter dated December 5, 2016.  The motion, seconded by Mr. Todaro, carried unanimously.

Pennsylvania Municipal Authorities Association (PMAA) 2017 Annual Dues

MOTION: by Ms. Knight authorizing payment of the 2017 PMAA Annual Dues in the amount of $995.00.  The motion was seconded by Mr. Todaro for discussion purposes.

Discussion on the Motion:  Mr. Todaro asked if PMAA is contributing toward the Authority’s stormwater legal fees.  Mr. Miller said Special Counsel Hann indicated the evaluation is nearly complete regarding private stormwater facilities.  He also noted that the Authority has not been invoiced for that evaluation to date.

Motion carried unanimously.

Approval of Administrative Expense

Check No. 2457 – Goldberg Katzman P.C. – Professional Services – $56.00

Check No. 2548 – Louise Knight – PMAA Conference Attendance Expense  Reimbursement – $170.12

MOTION: by Mr. Gaspich approving the above-detailed payments.  The motion, seconded by Mr. Todaro, carried unanimously.

Approval of Payment from Developers’ Escrow Fund

Check No. 1817 – Interest Transfer – $50.86

MOTION: by Mr. Gaspich approving the above-listed payment.  The motion,seconded by Mr. Todaro, carried unanimously.

Right-of-Way Solicitor’s Report

Solicitor Cooper thanked the Authority for reappointing Goldberg Katzman P.C. as its Right-of-Way Solicitor.  He then presented the Deed of Easement, as executed by Fishing Creek Valley Associates, L.P., for the Village of Brandywine Lot 122A, Phase 2B Project, for acceptance.

MOTION:by Mr. Gaspich authorizing the acceptance and execution of the Deed of Easement for the Village of Brandywine Lot 122A, Phase 2B Project as  prepared and presented by Solicitor Cooper.  The motion, seconded by Ms. Knight, carried unanimously.

Solicitor’s Report

Solicitor Coyne thanked the members for the reappointment of Coyne and Coyne, P.C. as its Solicitor for 2017; he said he had nothing to report at this time.

Commissioner’s Report

Commissioner Thomas said he had nothing to report at this time.

Director of Public Works Report

Developers’ Projects

Mr. Miller requested conditional approval of the Sewer Extension Agreement for the Village of Brandywine Lot 122A of Phase 2B.

MOTION: by Ms. Knight authorizing conditional approval of the Sewer Extension Agreement for the Village of Brandywine Lot 122A of Phase 2B, as requested by Mr. Miller.  The motion, seconded by Mr. Todaro, carried unanimously.

Mr. Miller also requested conditional approval of the Sewer Extension Agreement for the Cmberland Valley School District Project.

MOTION: by Ms. Knight authorizing conditional approval of the Sewer Extension Agreement for the Cumberland Valley School District Project, as requested by Mr. Miller.  The motion, seconded by Mr. Todaro, carried unanimously.

Mr. Miller requested authorization to, at the request of Weis Markets, replace existing BB&T Letter of Credit No. 9600018806-0028 with Wells Fargo Letter of Credit Number IS0461724U in the same amount of $14,881.00.

MOTION: by Mr. Todaro authorizing the replacement of BB&T Letter of Credit No. 9600018806-0028 with Wells Fargo Letter of Credit Number IS0461724U in the same amount of $14,881.00 for the Weis Markets Project.  The motion, seconded by Mr. Gaspich, carried unanimously.

Mr. Miller then requested authorization to release Preferred Builders Letter of Credit No. 416 in the amount of $17,900.00 for the Hunters Gate Project.

MOTION: by Mr. Gaspich authorizing the release of Preferred Builders Letter of Credit No. 416 in the amount of $17,900.00 for the Hunters Gate Project.  The     motion, seconded by Mr. Todaro, carried unanimously.

Mr. Miller also requested authorization to release Fulton Bank Letter of Credit No. D006559 in the amount of $275,510.00 for the Brandywine Extension Phase II Project.  Mr. Miller said this project is complete and maintenance security exists.

MOTION: by Ms. Knight authorizing the release of Fulton Bank Letter of Credit No.D006559 in the amount of $275,510.00 for the Brandywine Extension Phase II Project, as requested by Mr. Miller.  The motion, seconded by Mr. Gaspich, carried unanimously.

Mr. Miller reported that Pump Station No. 5 is under a corrective action plan by the Pennsylvania Department of Environmental Protection (DEP).  He said during the last year the Township had two separate contracts to address infiltration.  He said mains, laterals and manholes have been lined under these contracts and it is hoped that this work will result in DEP relaxing some of the restrictions it placed on the pump station.

Discussion regarding the sanitary agenda items concluded at approximately 7:55 p.m.  The Stormwater Meeting immediately followed.

______________________________

Judy K. Robinson

Recording Secretary