EAST
BRANDYWINE
TOWNSHIP
MUNICIPAL AUTHORITY
Tuesday,
October 12, 2004
7:30
AM
Those
in Attendance:
Gerald
Kirkpatrick, Vice-Chairman
Joseph Anthony
, Secretary
David
Summers, Treasurers
Sandra Moser
, Member
John Spangler
, Municipal Authority Solicitor
Thomas
Brown, Municipal Authority Engineer
Joseph
Boldaz, Municipal Authority Engineer
Scott T. Piersol
, Township Manager
Matthew
T. VanLew, Roadmaster
Mary
Beth Smedley, Secretary/Treasurer
Absent:
Michael Corbin
, Chairman
The
Municipal Authority met on
Tuesday, October 12, 2004
. Also
in attendance were
Scott T. Piersol
, Township Manager;
John Spangler
, Municipal Authority Solicitor, Thomas
Brown, Municipal Authority Engineer, Joseph Boldaz, Municipal Authority
Engineer, Matthew T. VanLew, Roadmaster and Mary Beth Smedley,
Secretary/Treasurer
Mr.
Kirkpatrick called the meeting to order at
7:35 A.M.
Minutes:
September
14, 2004
Mr.
Kirkpatrick asked if there were any additions or corrections to the above
minutes. There were none. Mr.
Anthony then made a motion to approve the above minutes as presented.
Mr. Anthony seconded the motion, with all voting Aye.
Analysis of Water Availability
Mrs.
Moser provided additional developments in
Caln
Township
for Mr. Boldaz to add to his analysis.
Overlook
Road Farm Treatment Plant Analysis Review
Mr.
Boldaz reported that he still has not received the information to adequately
evaluate the three different treatment processes for the on-site wastewater
treatment. Mr. Boldaz provided
initial comments based on the information he had on
August 27, 2004
. He
then met with Mr. Fred Ebert of R.F. Preston, the applicant’s engineer for the
wastewater treatment system on this project on
September 3, 2004
, to clarify his comments, identify
deficiencies and discuss what should be included in the next submittal to
provide for a complete evaluation of the options so that a selection can be
recommended. The Municipal Authority
asked Mr. Piersol to send a letter to the applicant stating Mr. Boldaz continues
to wait for this information and reiterating their position that the 60-day
clock to choose a wastewater treatment process has not started, nor will it
start until Mr. Boldaz has the information he needs to properly evaluate the
options under consideration.
Hillendale
Mr.
Piersol updated the Municipal Authority on the proposed Hillendale Settlement
Plan. The property is located off of Rt. 282 (
Creek Road
) and
Township Road
in the northwestern portion of
East
Brandywine
Township
. The
applicant is proposing to construct 150 single family dwellings and 59 townhouse
units. The proposed Plan outlines specific development standards such as density
and number of dwelling units, area and bulk regulations, landscape, woodlands
conservation measures, water supply and sewage treatment. The following comments
were offered:
The
Proposed Settlement Plan states: “Water
Supply – All lots constructed as part of the Development shall be served by a
water supply acceptable to the Township and in accordance with applicable
regulations of the Chester County Health Department, the East Brandywine
Township Municipal Authority, and the Pennsylvania Department of Environmental
Protection as applicable. For
purposes hereof, community water supply by Philadelphia Suburban Water Company
or Aqua American or any other supplier (the “Water Company”) shall be deemed
acceptable if it meets the following criteria enumerated by the Municipal
Authority at its meeting of April 8, 2003: (a)
The Township must negotiate and sign an acceptable Main Extension
Agreement with the Water Company, which agreement will be deemed acceptable if
in the form and content heretofore approved by the Applicant, Township and the
Water Company; (b) The engineered design developed by the Applicant is
acceptable to East Brandywine Township, the Municipal Authority and the
Municipal Authority Engineer in both size and volume; (c) Environmental impacts
are resolved to the satisfaction of the Board of Supervisors and Municipal
Authority in accordance with generally acceptable codes and ordinances
applicable to final plan approval; and (d) Mt. Idy is specifically excluded from
this agreement.”
Mrs.
Moser wanted to make sure that the Municipal Authority could provide water to
the development by way of a community water system under the definition of the
“Water Company”. Mr. Spangler
stated that the Municipal Authority does meet the definition of “Water
Company”. She also asked if
Downingtown Municipal Water Company could be added as another possible water
supplier. The Agreement does not
eliminate using the Downingtown Municipal Water Authority (DMWA) from providing
water to the site. DMWA was not
specifically mentioned because cost estimates for them to run a water line to
the development were very high, and for the time being it is presumed, based on
project economics, use of their water is not practical.
Mr.
Piersol stated that the Board of Supervisors are generally satisfied with the
Settlement Plan and expect to sign it on October 20th at their regular Board of
Supervisors meeting. After the
agreement is signed, the development will still need to go through the Final
Plan approval process.
The
Proposed Settlement Plan also states: “Sewage
Treatment – Sewage treatment shall be by way of a community on-site treatment
plant, with disposal by drip irrigation, as conceptually shown on the Settlement
Plan, subject to all requisite approvals by the Pennsylvania Department of
Environmental Protection and any other regulatory agencies having jurisdiction.
The Township reserves such rights as it has under applicable laws and
ordinances to approve the plan for ownership and operation of the facilities.
Sufficient suitable land for drip irrigation shall be provided for
disposal of all treated wastewater generated by the development and may be
included within designated Restricted Open Space areas, subject to establishment
of appropriate easements for such purpose, acceptable to the Township.”
Authority
members agreed that the proposed wastewater disposal system is acceptable as
written within the draft settlement plan.
Guthriesville
Sewer District - Follow-up of Sewer District Meeting
Mr.
Piersol reported very few phone calls from residents in the Sewer District after
the September 29th informational meeting. One
individual who lives on
Kristen Circle
stated he received a very high
estimate of $11,000.00 for connecting to the sewer system.
This estimate, reported by Mr. Piersol, is probably due to the distance
from the sewer connection site to the house.
It is Mr. Piersol’s understanding that based on his conversations with
approved contractors, some connections on
Kristen Circle
could be as low as $2,500.00,
including vacating the existing septic system.
One
resident suggested that installation of sewer laterals could be performed by
trained excavators rather than licensed plumbers since this type of installation
work is often done by excavators. Mr.
Brown saw no problem with this as long as they follow the Municipal
Authority’s specifications for making connections with the wastewater
collection system. This may
require an update of the Sewer Use Ordinance.
Mr. Kirkpatrick then made a motion to expand the criteria in the Sewer
Use Ordinance (if necessary) to include excavators as long as they meet the
other requirements outlined in the Plumbers Registration Application.
Mr. Anthony seconded the motion, with all voting Aye.
If not specifically required, in the Ordinance, it was agreed by
Authority members, that it is acceptable to allow qualified excavators to
perform the work currently required to be done by registered plumbers.
Of particular concern was the limited response to plumber registration,
and the need to have connections made on a timely basis.
Allowing qualified excavators to do the work, it was decided by Authority
members, will allow connections to proceed on a timely basis, with a side
benefit to residents that costs will be as low as possible (due to the
competitive nature of an expanded list of approved contractors).
One
concern of many residents at the public meeting was the “Notice to Connect”
paragraph in the Sewer Use Ordinance. The
notice to make connection to the sewer area shall consist of a written or
printed document, issued by the Township, requiring such connection in
accordance with the provisions of the sewer use ordinance, and specifying that
such connection shall be made within sixty day time requirement from the date
notice is given. The Municipal
Authority is willing to be flexible regarding the sixty day due to adverse
weather conditions or difficulty obtaining
a plumber or excavator to perform the work in that time frame becomes a problem.
Mr. Piersol pointed out that the sixty days was not an arbitrary number
chosen by the Municipal
Authority;
it is the time frame required in Section 2502 of the Second Class Township Code
under Sanitary Sewer Connections. Mr.
Piersol suggested notifying
Bondsville Road
property owners in November as the
first phase for connections and begin making additional notifications in
February, probably in the area of Rt. 322 and
Hopewell Road
. Mr.
Piersol did say that if there were residents who wanted to connect before they
have been sent a notice by the Township, and that only a few requests were made
(allowing an orderly hook-up process to proceed) than those residents would be
permitted to connect as well.
Some
connection markers placed on properties to indicate lateral connection locations
have been removed or broken off. Mr.
Piersol will work with Gregg Gardner of Yerkes to determine as accurately as
practicable where these connection points are based on information provided in
the As-Built plans and surveys.
Information
regarding connection to the sewer system was sent to all residents in the sewer
district who were not able to attend the meeting.
The Municipal Authority thanked Mr. Piersol for his comprehensive
presentation at the information meeting.
Hopewell
Project – Phase III and IV Sewers and As-Built Drawings
Mr.
Brown reviewed the as-built drawings for Hopewell Phase III and IV sewers.
He offered the following comments:
As-built
drawings have not been provided for
Kristin Circle
or the sewer leading out of the
Grovehill Court
cul-de-sac.
Satisfactory
electronic files on CD must be provided for Phase I and Phase II sewers as well
as Phases III and IV.
Design
drawings need to be provided for the sewer that have not yet been constructed,
including the run from the Municipal
Building to the Firehouse, and extending the collection system to serve the
Wright Agency.
Currently,
several as-built drawing show “post construction above ground horizontal
locations of sanitary manholes…” There
is no mention of the vertical elevation of the manholes (rim and inverts) as is
necessary. A note should be added to
the drawings verifying that the rim and invert elevations were obtained through
field survey if this was the case – if not, then Rouse/Chamberlin and their
engineer should do so.
Mr.
Brown recommends that Rouse/Chamberlin make the revisions outlined in his
October 8th correspondence and resubmit them for review.
It is his recommendation that the Municipal Authority not accept
dedication of Phases III and IV until drawings and measurements are correct,
acceptable as-built drawings have been provided and complete, correct,
acceptable
electronic files on CD have been
provided for Phases I, II, III and IV. Mr.
Piersol will contact Mike Honan from Rouse/Chamberlin regarding resubmission of
the required information.
Hopewell/Guthriesville
Service Area – Tapping Fee
Mr.
Brown stated that the Authority’s tapping fee is subject to the requirements
of the Pennsylvania Municipal Authorities Act, as amended, including the
provisions set forth in Pennsylvania Act 57 of 2003.
Mr. Brown stated that the tapping fee amount will probably not change,
but new calculations and changes to some of the language will be required as a
result of the amendments. Mr. Brown
will provide a draft resolution for Mr. Spangler and Mr. Boldaz to review
addressing the amendments and revising language such that the tapping fee
structure is consistent with the new regulations.
Guthriesville and Keats Glen/DCCC Services Areas – Operating Budgets
Mr.
Brown is recommending that the Municipal Authority and Township establish
operating budgets and check the adequacy of the sewer rates for calendar year
2005. The operating budgets should
include a summary of projected 2004 expenses by major expense category and
projected 2005 expenses. Some of the
information needed to establish a budget will need to be obtained from
Rouse/Chamberlin and Southdown Homes. Mr.
Piersol, Mr. Summers and Mr. Brown will work on the budget.
Mr.
Piersol left the meeting at 8:25 A.M.
Severn-Trent
Severn-Trent
is no longer providing operation and maintenance service for the pump station on
Bondsville Road
. For the time being, Yerkes
Associates will provide these services. Mr.
VanLew met with a representative of Severn-Trent earlier this week to change the
emergency phone numbers at the pump station.
Mr. Kirkpatrick suggested that a letter, formally terminating the
Severn-Trent operations of the pumping station be sent from the Authority to
Severn-Trent.
Keats Glen/DCCC Discharge
Monitoring Report
Mr.
Brown is still waiting for information from TMH Environmental Services regarding
the Ammonia Nitrogen on the May 2004 Discharge Monitoring Report.
He will contact Mr. Horrex from TMH again.
Mr.
Horrex did contact Mr. Brown regarding an influent sample collected in September
that contained an unusually high concentration of chlorine.
Mr. Brown stated the chlorine may be coming from the Community College,
or possibly a homeowner. He will
contact George Raley from the Community College to see if they use chlorine in
any of their cleaning solutions or classes.
Mrs.
Moser and Mr. Brown left the meeting at 8:45 A.M.
Hide-A-Way Farms Sewage
Agreement
Mr.
Boldaz offered the following comments from his September 23, 2004 review of the
Agreement.
Service
Area – “The Authority shall not connect any new customers or cause any
additional discharge of wastewater flow to the Treatment Plant, except as
indicated hereinabove, without the written of LWWC”.
Mr. Boldaz stated that this has the potential of preventing additional
future connections, even if the actual volume of flow from Hide-A-Way Farms is
substantially less than the flow discussed in the Agreement.
Mr. Boldaz stated that Mr. Rountree resubmitted the Agreement on October
8th.
The
revised agreement stated that the Authority represents and agrees that the
maximum monthly average wastewater flow within the development to be conveyed
and treated at the treatment plant shall not exceed 35,500 gallons of wastewater
per day. This was agreeable to the
Municipal Authority.
Rates
- Charges for the receipt, treatment and return of treated wastewater to the
Authority’s subsurface disposal beds is currently proposed to be $5.7344 per
thousand gallons.
Capital
Expenditures – Mr. Boldaz stated that this section seems to indicate that the
Authority would be responsible for replenishment of capital expenditures to LWWC
if any of the following occur:
1.
PADEP or other regulatory
agencies tightened discharge requirements, and additional equipment was
required.
2.
Replacement of
reconstruction of any portion of the treatment plant for the purpose of
maintaining rated capacity or proper treatment was required or desired;
3.
Replacement or
construction of any portion of the treatment plant for the purpose of
improvement treatment, whether or not required by regulatory agencies.
Mr.
Boldaz recommended that if these requirements were to remain part of the
agreement then, immediately prior to the acceptance of wastewater from the
Hide-A-Way Farm subdivision, the Authority Engineer should perform a joint
evaluation of the treatment plants and the approved yearly budget.
This evaluation would allow the Authority to observe the condition of the
treatment plant and track budgetary items prior to performance of the Agreement.
Further, Mr. Boldaz suggested that every year following the initial evaluation,
a yearly evaluation shall be performed to determine the existing condition.
He also suggested requiring LWWC to provide a 5 year projection for
equipment and other capital improvements and the ability to inspect the
treatment plant with 24-hour notice.
Mr.
Spangler will review the language in the Agreement and Mr. Boldaz will contact
the applicant to discuss his concerns.
Public Water Connection
Criteria
Mr.
Boldaz will provide a revised DRAFT that includes narrative language with the
bulleted items for the Authority to review.
Mr. Kirkpatrick did review the draft and provided his comments and edits
to Mr. Boldaz so they can be incorporated into the next revision.
Mr.
Summers was concerned that providing specific written criteria for public water
connections may in some way obligated the Municipal Authority to pursue public
water connections for certain properties. Mr.
Spangler stated it was a balancing act, but he thought it was better to provide
regulations for the conditions that allow for a public water connection, rather
than maintaining general specified prohibitions.
Mr.
Boldaz had provided the Municipal Authority with regulations given to him by the
Chester County Health Department. He
said that the regulations share a lot of the same language the Municipal
Authority is trying to put in the Public Water Connection Criteria.
He said the Municipal Authority might want to make reference to the
County document in their criteria, rather than give specifics within our Public
Water Connection Criteria document.
Township Water and Sewer
Specification and Details
Mr.
Boldaz provided the Municipal Authority with copies of the Water and Sewer
Specifications and Details to review. Mr.
Kirkpatrick passed along his comments, but asked that Mr. Boldaz delay updating
the document until the Municipal Authority has had an opportunity to meet with
the Supervisors and discuss authority and responsibilities of the Municipal
Authority and the Board of Supervisors. This
is particularly important because the Specifications reference the
“Township” and the “Authority” in various sections of the document.
Which Township group will have what authorities (fee collection, repair
requirements, etc.) should be clarified and then folded into the new
Specifications.
Mr.
Kirkpatrick asked if the Liability Insurance referenced needed to include
pollution insurance. Mr. Boldaz said
it typically doesn’t include pollution insurance, and is likely not necessary.
Mr.
Boldaz notes that section 18.F “Fire Hydrants and Fire Hydrant Tees” may
need to be reviewed by Mr. Piersol. Mr.
Kirkpatrick asked that Mr. Piersol review Section 18.F “Fire Hydrants and Fire
Hydrant Tees and provide comments to Mr. Boldaz.
Once
the final draft is accepted Mr. Spangler stated it could be adopted as a
Resolution by the Municipal Authority or as an Ordinance by the Board of
Supervisors, depending upon who will be the enforcing agency.
Mr.
Boldaz stated that some developers have shown interest in seeing the
specifications, and that developers have commented that time delays might be
occurring on their projects because they need to know what design specifications
should be followed. The Municipal
Authority agreed this Draft information could be shared “as is “since it is
unlikely the technical details will change.
Kay
Wells
Mr.
Kirkpatrick noted that Aqua Pennsylvania should have filed the second annual
report with the DRBC regarding operation of the Kay Wells.
He will follow-up with DRBC to make sure this has been done, and to
request a copy of the report assuming it is in the Docket.
DRBC
Resolution 88-2
Mr.
Summers asked that the Municipal Authority determine whether they are in
compliance with the Delaware River Basin Commission’s Resolution 88-2
(Revision No. 2) which set water conservation performance standards for plumbing
fixtures and fittings.
Hydrant
Installations
Mr.
VanLew stated that Aqua Pennsylvania has completed fire hydrant installations in
the Locust Knoll Development, and they are now installing hydrants in the Cross
Keys and Timbers Developments.
Pa.
One Calls
Mr.
VanLew recommended that since the Municipal Authority is responsible for the
sewage collection and treatment system in the Guthriesville Sewer District and
for the DCCC/Keats Glen Development they should register with
Pa.
One Call so that they will be informed
when someone is digging near their sewer lines.
Mr. VanLew will discuss this with Mr. Piersol.
Adjournment
There
being no further business, Mr. Kirkpatrick moved to adjourn the meeting at 9:30
A.M. Mr.
Summers seconded the motion, with all voting Aye.
Respectfully
submitted,
Mary
Beth Smedley
Secretary/Treasurer
East
Brandywine
Township