EAST BRANDYWINE TOWNSHIP MUNICIPAL AUTHORITY

Tuesday, June 8, 2004

7:30 AM

 

Those in Attendance:

Michael Corbin , Chairman

Gerald Kirkpatrick, Vice-Chairman

Joseph Anthony , Secretary

Sandra Moser , Member

David A. Kirkner , Chairman of the Board of Supervisors

Jay G. Fischer, Vice-Chairman of the Board of Supervisors

Joseph Boldaz, Municipal Authority Engineer

Scott T. Piersol , Township Manager

Mary Beth Smedley, Secretary/Treasurer

 

Absent:

David Summers, Treasurer

Thomas Brown , Municipal Authority Engineer

 

The Municipal Authority met on Tuesday, June 8, 2004 .  Also in attendance were David A. Kirkner , Chairman of the Board of Supervisors; Jay G. Fischer, Vice-Chairman of the Board of Supervisors, Scott T. Piersol , Township Manager; Joseph Boldaz, Municipal Authority Engineer; and Mary Beth Smedley, Secretary/Treasurer 

 

Mr. Corbin called the meeting to order at 7:30 A.M.

 

Minutes:                     April 13, 2004

 

Mr. Corbin asked if there were any additions or corrections to the above minutes.  There were none.  Mr. Kirkpatrick then made a motion to approve the minutes as presented.  Mrs. Moser seconded the motion, with all voting Aye.

 

Minutes:                     April 13, 2004

 

Approval of the May 11, 2004 Municipal Authority Minutes was deferred until the July 13, 2004 meeting. 

 

Hide-A-Way Farms

 

Sewer Improvement Construction Agreement and Escrow Agreement – Mr. Corbin stated that the Agreements have been reviewed.  He discussed one small revision with Mr. Rountree yesterday.  Item #11 now reads:

 

11.     In the event Developer proposes to connect one or more houses in the Project to the Improvements after the sewage pump station is operational, but prior to the date the Authority accepts dedication of such Improvements, Developer shall enter into a lease of the Improvements to the  Authority at an annual rental of one ($1.00) dollar, and the Authority shall thereafter operate the Improvements and collect all fees and revenues related thereto and the Developer shall be responsible for any budgetary shortfalls while said lease is in effect…

 

Mr. Corbin state this change protects the Authority from an operation and billing standpoint since the Authority does not want to enter into a lease agreement before the pump station is operational.

 

With that addition Mr. Anthony made a motion to execute the Sewer Improvement Construction Agreement.  Mrs. Moser seconded the motion, with all voting Aye.

 

Disposal Beds – Mr. Rountree stated that Aqua Pennsylvania is finalizing a draft operations agreement for the effluent disposal beds.  He was confirming that although the Municipal Authority will own the disposal beds, Aqua Pennsylvania will operate them. Mrs. Moser asked what the cost would be for maintaining the disposal beds.  Mr. Corbin stated that would be outlined in the agreement.  The Municipal Authority agreed that it is planned for Aqua Pennsylvania to operate the disposal beds once an agreement is executed.   

 

Brandywine Wallace Elementary School

 

This discussion was attended by Chairman Kirkner and Vice-Chairman Fischer of the Board of Supervisors for informational purposes only.

 

Mr. Corbin discussed the school’s interest in public water and sewer.  The Municipal Authority was concerned about allocating sewer capacity for the Brandywine Wallace Elementary School .  They did not feel there was sufficient excess capacity to allow this connection.  They were also concerned about recharge on the site.  Mr. Piersol was asked whether the School District has done perc tests on the site.  He wasn’t sure if that had been done.  The Municipal Authority stated that perc tests should be done on the site and that offering sewage capacity for the school should be the option of last resort.  The Municipal Authority would like the School District to investigate other onsite options before they decide whether to allocate any sewer capacity to them.  

 

The Municipal Authority is also concerned about public water for the site.  There are two issues regarding public water they would like to consider before a final decision is made.  The first is regarding the existing well on the site.  The Municipal Authority would like to make sure that if the school complex connects to public water, the well will be plugged and abandoned.  The Municipal Authority supports the idea of providing public water to the school since it would be very complicated for the school to provide it themselves as long as the well is abandoned and closed.   

 

The other issue is about providing water service to neighbors in the vicinity of the school.  The Municipal Authority has asked Mr. Boldaz to provide an informal accounting of planned developments that will use public water vs. what water is still available.  There has been interest from residents in connection to public water and, in fact, several homes on Keller Way and School Lane have complained about inadequate water pressure and quantity.  The Municipal Authority is hesitant to support public water connections for Keller Way , School Lane , and Dilworth Road until we can determine exactly what amount of the public water from the Aqua America/Downingtown allocation is still available in East Brandywine Township .  They would also like to know who will be paying for the infrastructure if these homes are allowed to connect.  Mr. Corbin would also like to determine how much of the allocation is still available after deducting commitments for developments currently in review and a reserve for future developments within the growth boundary.   The Municipal Authority asked Mr. Piersol to postpone further discussions with Aqua Pennsylvania until Mr. Boldaz provides them with the requested analysis.

 

Mr. Boldaz provided a draft preliminary assessment in order for the Municipal Authority to determine the anticipated water demand of the known proposed developments in East Brandywine Township .  By his preliminary calculations the current total anticipated water demand is approximately 250,000 gpd.  He calculated this number using 2.9 people per household, each person using 98 gpd.  He also stated that based on information in the pump station application, approximately 80,000 gpd has been allocated to East Brandywine Township through Aqua Pennsylvania’s agreement with Downingtown Municipal Water Authority (DMWA).  The rest of the 500,000 gpd has been allocated to West Brandywine Township and Caln Township .  Mr. Boldaz will continue to refine these preliminary figures and provide a revised draft at the next meeting.  The Municipal Authority is concerned that the 500,000 gpd per day from DMWA will quickly be used, opening the door for future expansion.  Vice-Chairman Fischer stated that the pump station was designed for a million gpd, and there might be an option for Aqua Pennsylvania to purchase additional water from DMWA. The Municipal Authority does not want to see the Kay Wells used to supply additional water to the area. 

 

Vice-Chairman Fischer stated that there have been reported problems with wells from some of the residents in the vicinity of the school, particularly Keller Way .  Some of the residents reportedly have spent considerable money to solve their water problems with little success.  The Municipal Authority is concerned that we may be setting a precedent if the Township supports public water in the area, which is outside the growth boundary.  The concern about increasing density in the area is not applicable to this situation since the affected areas are already completely built-out.  Vice-Chairman Fischer stated he approached Mr. Piersol about providing water for residents with well problems in the vicinity of the school, seeing this as an opportunity to help residents with well documented problems, who will be in close proximity to the water line.  The Municipal Authority is concerned that residents in other areas of the Township that are experiencing water problems may also petition the Township to support providing public water to their areas.  Vice-Chairman Fischer stated that he believes the problems experienced by residents near the school are unique.  Mr. Piersol and Mr. Boldaz will gather additional facts and data on this reported area of well problems, near the school, so it can be verified. 

 

If the Township were to consider supporting providing water to this, or any other area in the Township, the criteria must be well defined and demonstrate hardship.  Mr. Piersol and Mr. Boldaz will provide criteria for the Municipal Authority to review.  Any extension of public water would be a no cost to the Township and include an agreement that residents will properly plug and abandon their wells.  From these criteria the Municipal Authority will develop a policy regarding requests for public water.     

 

At 8:35 the Municipal Authority adjourned to Executive Session to discuss the Little Washington Wastewater Treatment Plant.  The meeting reconvened at 8:45 A.M.

 

Overlook Road Farm

 

Mr. Corbin asked Mr. Boldaz for an updated on the Overlook Road Project.  Mr. Boldaz stated that several months ago he asked the applicant’s engineer R.F. Preston, for additional information regarding discharge requirements and treatment alternatives. To date, he has not received the requested information.

 

Sewer Easement and By-Pass Issue – Wright Agency – 1142 Horseshoe Pike

 

Mr. Piersol reported that several attempts have been made to have Mr. and Mrs. Robert McCue sign the document granting an easement to the Wright Agency property with no success.  According to the McCue’s attorney, John Kiefel, the developer had satisfied all outstanding issues related to the easement.  Mr. Piersol contacted Mr. Mike Honan from Rouse/Chamberlin to have him investigate and attempt to resolve this matter.  On June 1st, Mr. Honan met with Mr. McCue who stated he was concerned that he would be responsible for ongoing maintenance of the sewer lines across his property.  Mr. Honan advised him that this was not correct, the Municipal Authority would be responsible for any maintenance or repairs, and would restore any earth disturbances to previous or better conditions. Mr. Honan advised Mr. McCue that he has a crew scheduled to begin construction of the sewer line from the Fire Company property to the Township property in 4 to 5 weeks and asked them to sign the document so it can be recorded prior to construction.  Mr. Wright’s attorney, Joseph Wusinich, contacted Solicitor David Bortner, who updated him on the above situation.  Mr. Piersol will contact the McCues again to try and resolve this matter.

 

At 8:55 the Municipal Authority adjourned to Executive Session to discuss the McCue Easement.  The meeting reconvened at 9:00 A.M.

 

Keats Glen Sewer Invoices   

 

Mr. Piersol reported that the pre-dedication invoices were sent out by Southdown Homes last week.  The Township has been receiving a good response from the invoices sent out for the first quarter of 2004.

 

 

Adjournment

 

There being no further business, Mr. Kirkpatrick moved to adjourn the meeting at 9:05 A.M.       Mrs. Moser seconded the motion, with all voting Aye.

 

Respectfully submitted,

 

 

 

Mary Beth Smedley

Secretary/Treasurer

East Brandywine Township