MEETING MINUTES October 11, 2006 WEST EARL SEWER AUTHORITY PO BOX 725 BROWNSTOWN, PA

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1 MEETING MINUTES October 11, 2006 WEST EARL SEWER AUTHORITY PO BOX 725 BROWNSTOWN, PA The West Earl Sewer Authority meeting was held in room 102 at the West Earl Township Municipal Building, 157 West Metzler Road, Brownstown, Pennsylvania on Wednesday, October 11, Chairman Butch Keppley called the meeting to order at 7:30 PM. Authority members present: Butch Keppley, Richard Horst, Sylvan Fisher, John Ford. Also present Patrick Barrett, Township Manager, Russ MacNair, engineer and Teresa Beever, Recording Secretary, Bill Musante and Mark Zettlemoyer from Reinsel Kuntz Lesher, and residents David and Sherry Aigler and family. 1. MINUTES The motion by Richard Horst, seconded by Sylvan Fisher was approved unanimously to approve the minutes of the September 20 meeting, as presented. 2. PUBLIC COMMENT/GUESTS Reinsel Kuntz Lesher Bill Musante presented the draft financial statements for the fiscal year and reported that there were no findings. Mr. Musante briefly reviewed the Matters Required to be Communicated, and the revenues and expenditures with the Authority. Mr. Musante explained that there is a paragraph in every year s financial statements referring to the amortization of the Authority s assets. Secretary/treasurer John Ford suggested gathering the information from the original construction of the WWTP, the lines and the pumping stations in an effort to obtain a starting point from which to properly amortize the Authority s assets. Discussion among the members followed regarding the amount of time and money it would take to obtain such information. CDM indicated that the contracts and change orders from the original construction are on file at their office and he would be able to provide that information. The Authority will then begin the process of reviewing the information. Due to the office staff s current workload and difficulties with the new software, it may take several months, at best, to complete an evaluation of the assets. CDM will compile the information for the Authority to be scrutinized later as time allows. David Aigler family Mr. Aigler explained that there is a separate sewer lateral installed at what used to be a second lot adjacent to his property at 13 Cedar Avenue. There is an in-ground pool and bathhouse located on this lot. Since purchasing the property, the lot has been combined with 13 Cedar Avenue. Mr. Aigler has been paying for both connections at a full rate. He requested consideration to reduce the billing for the pool and bathhouse connection by half since it is used only during the warm weather months. The motion by John Ford, seconded by Sylvan Fisher was approved unanimously to reduce the bill to.5 EDU s per month, in keeping with the precedent set for the summer cottages along School Lane Avenue. The change will become effective with billing for service in the month of September, which will be sent out in early November.

2 3. ENGINEER S REPORT See attachment Monthly Operator s Report The plant is running very well with test results within permit requirements. The operator reported that he is looking at prices for an additional portable hoist for the WWTP. He anticipates the cost will be between $500 and $600. Township Manager Patrick Barrett informed the Authority that there was no money set aside for such a purchase. The Authority will continue discussion once they have learned the prices. Church Street Pumping Station - CDM would like to meet with Authority representatives and the plant operator to present the contract documents and cost estimate and get the Authority s feedback. John Ford requested copies of the plan sheets to review before the meeting. Russ MacNair will provide these copies for the members. Mr. Barrett will coordinate a meeting among members of the Authority, the operator and the engineer. Residential Waste Program Greg Kendig spoke with Mr. Barrett this week and indicated that the Non-Residential Waste permit application for DS Waters should be complete and in the engineer s hands within a couple of days. ACT 537 Plan Update Project Implementation Schedule The engineer reported that DEP has indicated they would be open to revision to the Act 537 plan, provided it is reasonable. MacNair distributed copies of a revised implementation schedule. The Authority tabled discussion on the schedule until the next meeting in order to have time to review it. Additional Tapping Fee Payments To date the Brownstown Car Wash has not paid for the additional tapping fees and penalty imposed by the Authority and invoiced in May, The motion by Richard Horst, seconded by Sylvan Fisher was approved unanimously to either turn off the water service or place a lien on the property for failure to pay the charges. Patrick Barrett will discuss options with the solicitor. Capacity Reservation Mr. Barrett reported that Home Depot has been dropped from the capacity reservation list for failure to pay the reservation fee. Brownstown Commons Developer s Agreement Mr. Barrett reported that the developer has paid the required escrow, therefore the Authority can execute the developer s agreement. Chairman Butch Keppley and secretary/treasurer John Ford signed the document. Sewer Connection 550 South Seventh Street The engineer reported that this property should be connected to the public sewer line and recommended that the Board of Supervisors issue the Notice to Connect. The motion by Sylvan Fisher, seconded by John Ford was approved to request a Notice to Connect from the Board of Supervisors for the property at 550 South 7 th Street. Motion was passed 3 0; chairman Butch Keppley abstained. 4. NEW BUSINESS Cloverbrook Sewer Extension Bond the motion by Sylvan Fisher, seconded by Richard Horst was approved to authorize the substitution of a Sewer Extension Bond (the WESA Bond ) for the Letter of Credit previously issued by Union National Community Bank to the West Earl Sewer Authority ( WESA ) in connection with the Final Subdivision and Land Development Plan for Cloverbrook Development, Inc. (the Plan ), subject to the fulfillment of all the following conditions on or before Thursday, October 12, 2006, unless extended by the Chairman of Vice Chairman of the Board of WESA: 1. WESA Bond must be approved in writing by the Surety, properly dated and executed, in the amount of $25,379.14, and in the form and content presented at this meeting.

3 2. WESA shall be provided with a fully and properly executed General Release dated on or after October 12, 2006, in the form and content presented at this meeting, naming the Township of West Earl, West Earl Water Authority and WESA, and all of their elected and appointed officials, agents and employees, and all of their heirs, legal representatives, successors and assigns, as Releasees. 3. WESA shall be provided with a certified check in the amount of $6, as reimbursement for Plan review and inspection fees. The motion was passed 3-1. John Ford opposed. Appointment of Assistant Secretary/Treasurer Butch Keppley nominated Sylvan Fisher for the office of Assistant Secretary/ Treasurer, seconded by Richard Horst. The motion by Butch Keppley, seconded by John Ford was approved 3-0 to appoint Sylvan Fisher Assistant Secretary/Treasurer. Sylvan Fisher abstained. 5. BILLS Total operating expenses $34, Total construction expenses $6, The motion by John Ford seconded by Richard Horst was approved unanimously to pay October s operating expenses of $34, The motion by Richard Horst, seconded by John Ford was approved unanimously to pay construction expenses of $6, PAYMENT REQUISITIONS The motion by Richard Horst, seconded by Sylvan Fisher was approved unanimously to authorize payment requisition #44 for $6, for construction expenses. The motion by Sylvan Fisher, seconded by Richard Horst was approved unanimously to authorize payment requisition #57 for $34, for operating expenses. The Authority and engineer signed the documents. 7. OTHER BUSINESS Richard Horst reported that there is sewage run-off at the property located at 318 South State Street. The manager explained that there are no public sewer lines in that area and would report the problem to the SEO, Fisher Engineering. Chairman Butch Keppley asked about the claim involving American LaFrance that occurred in The engineer explained that the issue has been resolved. Chairman Butch Keppley requested that he be notified to meet with developers on behalf of the Authority if the opportunity presents itself. 8. The Authority adjourned to executive session at 9:50 PM and resumed regular session at 10:25 PM. The motion by Richard Horst, seconded by John Ford was approved unanimously to appoint Rettew as the Authority engineer, effectively immediately. 9. The motion by John Ford, seconded by Butch Keppley was approved unanimously to adjourn the meeting at 10:26 PM.

4 WEST EARL SEWER AUTHORITY Engineer s Report for October 11, Monthly Operator s Report CDM reviewed the Operator s Report for the month of September Effluent quality was excellent, with no permit violations. No problems were noted at the plant. 2. Church Street Pumping Station PADEP is proceeding with the technical review of the permit application. There has been no further communications from DEP since the administratively complete letter was issued on September 5, Based on previous experience, it is anticipated that the review period should be about 60 to 90 days. CDM is in the process of preparing the final construction cost estimate and bringing the contract documents from 90 to 100 percent completion. Once the permit is issued, the Authority will be in a position to put the project out for bids. Financing of the construction can be covered by the Authority s current Construction Fund. CDM would like to meet with Authority representatives to present the contract documents and cost estimate and obtain Authority feedback. 3. Non-Residential Waste Program Dale Wissler recently spoke to Mr. Stumpf of C & T Properties (owner of the Brownstown Car Wash) concerning the Non-Residential Waste Permit Application. Mr. Stumpf stated that he is working on the application and will submit it in the near future. CDM has not yet received the application. CDM received the second quarterly non-residential waste contribution report from American LaFrance. CDM reviewed the report and generated a number of comments. CDM contacted Wes Cave of American LaFrance to discuss the items in question. 4. D.S. Waters CDM has still not received a revised Non-Residential Waste Permit application from DS Waters. The revised application was to incorporate process and treatment changes necessary to address flow, ph and chlorine issues for the company s NPDES and sewer system discharges. 5. Oregon Pike Sewage Pumping Station and Force Main Project The project is complete and all contractors have been paid in full. The one year warranty period begins as of June 1, Unfortunately, the pumping station cannot be placed into operation until the Conestoga Manor Mobile Home Park is connected to public sewer. The connection notice has been issued to the park owner by the Township and the connection was to be made no later than September 22, In response to a request from the park owner for additional time, the Authority granted an extension of the deadline for connection until December 22, 2006.

5 6. Main Street Sewer Replacement Project On September 12, 2006, CDM met with PennDOT representative Mike Forester at the site to review the matter of final restoration of Main Street. As a result of the meeting, PennDOT has now agreed to drop their requirement for the mill and overlay to the centerline of the road. He would like the Authority to mill and overlay the trench width plus approximately an additional 18-inches to provide a straight milled joint with the existing pavement. The revised restoration requirement should provide a significant savings to the Authority. CDM has notified Anrich of the new restoration requirements and has requested pricing plus a schedule for completion of the work. Anrich reports that they will not be able to complete overlay by October 15 (Sunday), but are pursuing with PennDOT the possibility of completing overlay on October 16 and 17. If the paving work cannot be completed, Mike Forester stated that he would approve another Highway Occupancy Permit extension to allow the work to be completed in the spring. CDM reviewed the as-built drawings as provided by Anrich and prepared a list of comments. Anrich is to supply CDM with revised manhole invert elevations. Once CDM receives this information, the record drawings for the project can be completed. 7. Act 537 Plan Update Project Implementation Schedule As requested by the Authority at the August Authority meeting, CDM prepared a revised and updated version of the 5-year cash flow projection. The projection incorporated the supplemental bond issue that would be required to complete the Oregon Pike sewer extension project and the revised schedule for implementation of the Oregon Pike and Talmage sewer extension projects. The Authority and Board of Supervisors will now have to decide if the revised Act 537 implementation schedule is acceptable. Once the revised schedule is finalized, a meeting should be scheduled with PADEP representatives to discuss an amendment to the Act 537 Plan. 8. Additional Tapping Fee Payments At the April Authority meeting, the Authority agreed to increase the EDU value for the car wash from 5.49 to CDM prepared a letter to C & T Properties, the owner of the car wash, assessing $8, This amount includes the tapping fees for 4.51 EDUs, plus a 25percent surcharge fee. The letter was mailed out after the May meeting. To date, payment has not been received. The Authority agreed to have the solicitor issue a letter to the car wash stating that if the additional tapping fee is not paid, a lien will be placed on the property for the amount due. 9. NPDES Permit Renewal CDM submitted the permit renewal application on February 28, On March 13, CDM received a letter from DEP stating that the application package had been received and that it is administratively complete. The previous NPDES permit expired on September 1, To date, DEP has not issued a renewed permit. CDM has made a number of attempts to contact Jim Miller of DEP regarding the status of the renewal, but has not yet been able to speak with him. In the interim, the Authority s existing NPDES Permit remains in effect. 10. Capacity Reservation The letter to all current developers informing them of the new capacity reservation policy was mailed out after the May meeting. To date, the developers for Brownstown Commons, Cloverbrook Development, Millway Acres (Residential Phase II and Commercial Tract), Meridian Products and the Hoover Development have paid the reservation fees. The only outstanding

6 capacity reservation fees due are from Home Depot. The Township Manager issued a letter to Home Depot stating that they will be dropped from the capacity reservation list if they do not pay the reservation fee. 11. Conestoga TMDL Sampling Program SRBC sampled in the Conestoga River near the Brownstown WWTP outfall during the third week of August SRBC contacted CDM and asked for lab results for that week. CDM provided SRBC with a copy of the Authority s Discharge Monitoring Report for the month of August Ridge Property Holdings, LLC CDM reviewed a preliminary sketch plan and request for sewage capacity as submitted by Steckbeck Engineering on behalf of Ridge Property Holdings, LLC. The proposed development is located in West Earl Township along Route 272 just south of Akron Borough. Due to the configuration of the municipal boundary in the area of the development, there is also a portion of Akron Borough that lies south of the property. The proposed development is not included in the West Earl sewer system service area, as defined in the recently completed West Earl Township Act 537 Plan Update. Due to the close proximity of an existing Akron Borough sewer line, it would be more logical for the development to be connected into the Akron Borough sewer system. This can be accomplished by having properties within the development be customers of the West Earl Sewer Authority and having the Authority, in turn, be a bulk sewage customer of Akron Borough. 13. Financial Statements As requested by the Township Manager, CDM reviewed the draft Financial Statements for FY 2005 and 2006 and provided comments to Reinsel Kuntz Lesher. 14. Millway Acres Commercial As requested by the Authority, CDM investigated the status of sewer connection of the Keppley property located along Route 272 just north of the Millway Acres Commercial Development. The existing on-lot sewage disposal system on the Keppley property had to be removed to accommodate the new water line that served the Millway Acres Commercial Development. The original plan was that the Keppley property was to be connected to the public sewer using the sewer line within the development. However, CDM discovered that the property had not been connected to the sewer. The developer for Millway Acres indicated that rather than making the sewer connection, he replaced the septic tank that was eliminated by the water line.

7 Development Status Report Cloverbrook Development The two items that still need to be addressed by the contractor include final paving restoration near the Newport Road Pump Station and installation of the automatic gate opener. The Letter of Credit stands at 30% ($23,071.95). Further reduction of Letter of Credit will not be approved until the above outstanding items have been addressed. Millway Acres Residential Development (Phase 1) CDM is awaiting submission of final record plans for review. Millway Acres Residential Development (Phase 2) CDM received revised land development plans on December 2, 2005 and issued a final approval letter on December 20, Millway Acres Commercial Development CDM has received a set of interim record plans for the Millway Acres Commercial Development. These record plans show sewer construction only, and were submitted so that the developer could apply for sewer permits for the lots. CDM reviewed the plans and issued an approval letter on April 26, A set of final record plans showing all utilities must be submitted prior to dedication of the facilities. Hoover Development CDM received a sanitary sewer cost estimate prepared by McCarthy Engineering Associates, Inc., and dated May 10, CDM reviewed the estimate and provided comments in a letter dated May 22, Meridian Products CDM received Final Land Development Plans and reviewed them. All of CDM s previous comments had been addressed. Therefore, CDM issued a final approval letter on June 13, Home Depot CDM has received no new information concerning this development. Cleveland Brothers All sanitary sewer facilities have been constructed. CDM is awaiting submission of final record plans. A Bill of Sale will also be required for the portion of the extension to be dedicated. Commercial Power Center 200 Pleasant Valley Road CDM has received no new information concerning this development.

8 Lancaster County Career and Technology Center On June 13, 2006, CDM attended a meeting with representatives of the Lancaster County Career and Technology Center. At the meeting the Career and Technology Center outlined plans to have students construct up to 30 homes on their property over a period of about 20 years. The project will require that the homes are connected to public sewer. Options being considered include connection to an expanded Career and Technology Center treatment plant or connection to the West Earl sewer system. In addition to the proposed homes to be constructed, there are 17 existing homes located along Turtle Hill Road that could be included in the project. These homes were identified as a potential problem area in the West Earl Act 537 Plan. Brownstown Commons Representatives of the developer were present at the June meeting to present a proposed agreement that would allow a truck turnaround area and a rip rap apron for a stormwater headwall to be located within the sanitary sewer easement. The agreement places the responsibility of covering all costs associated with the removal and restoration of these items on the property owner in the event that the sewer must be repaired or replaced. CDM reviewed the agreement and provided comments. The developer subsequently revised the language of the agreement and it is now acceptable. The agreement will be executed by the new property owner of the lot and the time of settlement. The developer has executed the developer s agreement and returned it to the Authority. The Authority agreed to execute the agreement subject to payment of the construction escrow amount. CDM attended the preconstruction conference with representatives of the developer, developer s contractor, and Authority on September 14, CDM is prepared to provide inspection of the construction, as required.