PUBLIC MEETING AGENDA MINUTES BOARD OF AUTHORITY October 20, 2014 1. CALL TO ORDER: 3:00 p.m. 2. NOTIFICATION: All public sessions of the South Whitehall Township Board of Authority are electronically recorded. The electronic record is kept until the minutes of the meeting are approved and destroyed if a request is not made to retain the electronic version at that time. ATTENDANCE: Daniel G. D Imperio, Chairman William Geiger, Vice Chairman Richard O. Klotz, Treasurer Vacancy, BOA Secretary Craig J. Walls, Assist. Secretary Treasurer Howard L. Kutzler, Director of Admin./ / Acting Township Manager Bob Ibach, PW Manager Jerry Charvala, PW Utilities Group Leader Blake C. Marles, Solicitor Lenore M. Horos, Finance Manager Tracy J. Fehnel, Executive Assistant 3. INTRODUCTION OF NEW BOARD MEMBER: Chriss Peischl TABLED; not present. 4. MINUTES: September 15, 2014 Minutes (page 5) A motion was made by Bill Geiger, and seconded by Chairman D Imperio, to approve the September 15, 2014, BOA Minutes. All in favor; none opposed. 5. PUBLIC HEARINGS: a. Appeal Hearings Status: 1) Rothrock Motors, David Rothrock Rt 22 and 15 th Street, Allentown, regarding Tapping Fee Challenge Rothrock was given an extension until the nextt BOA Meeting November 17, 2014 2) Josh Early Candies 4640 Tilghmann Street, Allentown, regarding Excessive Strength Discharges: Appeal/Decis sion Vote by BOA (page 19) Solicitor Marles handed out for BOA considerationn the Josh Early Decision (this was the revised version not the same one that was in thee packet). The invoice date of December 16, 2013, is correct as written. Based on the quantity submitted to the client, the date of the invoice is correct we began billing April 1, 2012. All present were in favor. Craig
October 20, 2014 Page 2 Walls abstained because he arrived to the meeting after this discussion took place. Chairman D Imperio, Vice Chairman Geiger, and Treasurer Klotz all voted to approve. Bill Geiger said that based on the second set of tests, which were a valid set of test, the BOA can approve the revised Decision for Chairman D Imperio to sign. Treasurer Klotz made a motion, which was seconded by Bill Geiger, that we approve the Appeal Decision as amended above. 6. COURTESY OF THE FLOOR: (Public comment on non agenda items) Mr. and Mrs. Kenneth Banzhof, who live at 1230 N. 35 th Street, Allentown, attended the meeting in order to discuss an ongoing concern of theirs regarding their high sewer bill, as a result of their usage of water to irrigate their yard and to top off their pool as needed. They felt that due to the fact that much of this water does not go into the system, that they were being unfairly charged. Talk ensued between the board members as to what their options were. Mrs. Banzhof said that Tori Morgan is her neighbor, and Tori recommended that she come and present her concerns to the BOA to see if anything could be done about what she felt was a problem. Mr. and Mrs. Banzhof have been going back and forth for almost two years on this issue and would really like to have some answers. Discussion to place with regard to the possibility of installation of two lines running to the house. Unless they would be using over 75 85,000 gallons, the BOA said there would be minimal savings, if any. Craig Walls said the payback would be at least 25 years; however, the Board agreed that they would run the numbers for an approximate cost of a second line and get back to them. Treasure Klotz specifically said that we would find out what the cost is to put in another line, with a meter pit outside. Chairman D Imperio feels they would never recover the cost of doing this. Mrs. Banzhof said their usage was as follows: Sept Nov 2012, 18,500 gallons used; Dec 2012 Mar 2013, 17,200 gallons used; May Aug 2013, 63,700 gallons used; Sept Nov 2013, 65,600 gallons used. They again expressed their concern that they felt there was a huge inequity with the system in the way things are set up. Chairman D Imperio said that in theory, it does sound like it should be an easy solution; but in reality, with over 7,000 customers, it is difficult to resolve. Craig Walls said then what about people who do car washing? If we do for one, then we have to do for all. Where do you draw the line. To date, we have only had seven people who approached the BOA with similar concerns. Treasurer Klotz explained that we have to pay a certain amount of money to get our sewerage treated. Our rate is based upon our cost. When we take revenue out of that, we would have to raise our rates then.
October 20, 2014 Page 3 Bill Geiger reminded that the minimum being paid for sewer is still going to be $250. It was mentioned that when we transition people from flat to metered, each person will be billed each quarter based on water usage per quarter. The 69,000 gallons will be going away. It will be total gallons x $3.99 per 1,000 gallons of water, with a minimum of $62.50 being paid. A deduct meter (second meter) was also mentioned and Craig Walls feels this would be opening Pandora s Box. Chairman D Imperio feels that we should have one meter and that is it. 7. PRESENTATIONS/DISCUSSIONS: None. 8. REPORTS: a. Authority Engineer Report: b. Authority Solicitor Report Solicitor Marles touch on the following items: Verizon Cell Tower Lease Jaindl proposed moving the tower from reservoir property to his property. Verizon feels they can do this but has a concern with the slope. Jeff Kelly said that they need a lattice pole, and that the monopole wouldn t work, which means that it couldn t be done because Mr. Jaindl specified monopole or stealth. Or, the Authority can keep the current tower the Authority doesn t pay for the maintenance on this current tower. Chairman D Imperio felt that we should leave our emergency management equipment where it is on the existing property. Solicitor Marles said that nobody knows who owns the tower and Treasurer Klotz said that the Authority wants the revenue for this tower. Solicitor Marles said that with regard to the existing tower, the problem is getting someone from the County to focus on this. Everyone is happy there is a tower, so it s best to let everything alone as far as the existing tower is concerned. N. 31 st Street Vacation of Road Solicitor Marles said this was worked out with Zator s Office and that the rights of the Authority have been preserved we still have the easements. LCA Debt LCA came back with information that we did not have. Solicitor Marles said that we should be paying the debt service allocations that they are charging us. Regarding these allocations which are in place, we are pretty much stuck with them based upon this documentation the percentage is 6.25%. c. CodeMaster Reports: 1) Industrial Waste Discharge Program Summary October 17, 2014 (page 23) FYI. d. Monthly Public Works Utility Report September 2014 (page 25) FYI.
October 20, 2014 Page 4 1) I&I Subcommittee Minutes October 6, 2014 (page 27) FYI. Discussion took place as to whether or not this committee needs to continue meeting once a week, and for now, they will continue to meet monthly. 2) Monthly Clearwater Inspector s Report October 6, 2014 (page 29) FYI. 3) SWTA Sanitary Sewer System I&I Evaluation Reports for: Sewer Mains and Manholes (page 31) FYI. 4) Proposed Subdivisions (page 39) FYI. e. Secretary Correspondence: 1) Memo from Bob Ibach, Public Works Manager, to Jerry Harbison, Community Development Manager, Regarding Hills at Winchester and Correspondence from Keystone Consulting Engineers dated October 13, 2014 (page 41) The Planning Commission did look at this regarding traffic. Water and sewer are an issue with this. Additional information needs to be received and many questions still need to be asked. There is a lot that needs to be resolved. The water line that fills the reservoir might need to be moved. This has been tabled. The water and sewer parts of this need to be squared away first. Mr. Jaindl will need to pay a standard tapping fee. 2) Fork N Egg Email to Mr. Dontas Regarding Challenging the Connection Fee (page 53) A copy of the resolution needs to be sent to them telling them how to appeal before the Board. We need to tell them what the process is. Standard letter could be sent out to them, along with a copy of the resolution, which explains the calculations in it. 3) Correspondence to Aurel Arndt, Executive Director, Lehigh County Authority, Regarding Invoices # 2580 and #2579, Paid Under Protest (page 59) FYI. This was the wrong letter sent out. Howard Kutzler will reach out to Aurel Arndt and let him know to disregard. 9. BID AWARDS: None. 10. RESOLUTIONS: a. A Resolution which Supersedes Resolution No. 2005 8 BOA, Duly Adopted on July 18, 2005 to Establish New Sewer Connection, Customer Facilities, Tapping Fees in Accordance with Pennsylvania Acts 2003 57 and 1990 203, Usage Fees, and Payment Terms Associated Therewith (page 69) Everything has now been included since 2003 s last calculation. Will be effective the date of adoption.
October 20, 2014 Page 5 A motion was made by Treasurer Rick Klotz, and seconded by Craig Walls, to approve the above mentioned Resolution, which Supersedes Resolution No. 2005 8 BOA. All in favor; none opposed. b. A Resolution Superseding Resolution No. 2005 7 BOA, Duly Adopted on July 18, 2005, to Re Establish New Water Connection, Customer Facilities, Tapping Fees in Accordance with Pennsylvania Acts 2003 57 and 1990 203, Usage Fees, and Payment Terms Associated Therewith (page 93) A motion was made by Treasurer Rick Klotz, and seconded by Craig Walls, to approve the above mentioned Resolution, which Supersedes Resolution No. 2005 7 BOA. All in favor; none opposed. 11. MOTIONS: a. Request to Proceed Pump Station Generator Engineering Proposal (page 117) Bob Ibach, PWM, explained that this is the only price that they received. They are the ones that did the Township generator. This is the proposal for the engineer only. Question do you want to spend the money this year? The installation would be done next year. Budget amount was $10,000; Cost would be $10,500. A motion was made by Craig Walls, and seconded by Bill Geiger, to accept the proposal to spend $10,500 for the design of the generators Jacoby and Cornerstone Pump Stations. Bill Geiger added that this is to include both water & sewer fund. All in favor; none opposed. Bill Geiger commented that the water fund is under water right now. Can we tap our Penn National Fund to cover this, if necessary? Treasurer Klotz agreed that we could do this if we need the money. Fee Schedule At this point in the meeting the Fee Schedule was discussed in that it needs to be changed/updated. Solicitor Marles said that any Authority Resolution establishing a fee schedule should also be amended to reflect the tapping fees. He recommended that a motion be passed indicating any fee schedule should reflect the new tapping fees as of the effective date set forth in the BOA resolution. Motion made by Treasurer Klotz that the Authority s Comprehensive Fee Resolution is hereby adopted to reflect the new tapping fees set forth in the resolution. Seconded by Chairman D Imperio. All in favor; none opposed. A resolution will need to be placed on the agenda which establishes the new fee schedule. Solicitor Marles will work on the amendment to this current resolution. b. Water Sewer Allocation Application Jaindl Land Company; Project Address is 3951 Walbert Avenue (page 123) Keystone is the Engineer for this project. Howard Kutzler, ATM, recommends using them as their alternate engineer. Craig Walls expressed concern that an engineer has been
October 20, 2014 Page 6 working on this without the Authority being in the know. Howard explained that they are a fine engineering firm, and that administratively a decision was made to use them, which sometimes we need to do. A motion was made by Treasurer Klotz, and seconded by Bill Geiger, that for the Hills at Winchester project that Keystone Consulting Engineering be appointed, and that the invoices for their consulting are being handled by the. All in favor; none opposed. A motion was made by Treasurer Klotz, and seconded by Craig Walls, that at this time, we are denying this Water/Sewer Allocation Request (#2014001095) due to insufficient information regarding the Hills at Winchester 12. OLD BUSINESS: a. Verizon Cell Tower Lease Solicitor Marles; to be discussed in Joint BOC BOA session today. 13. NEW BUSINESS DIRECTION/DISCUSSION ITEMS: a. Berkheimer Contract Update (page 137) Billing will be done in house, effective January 1, 2015. b. Inventory of SWTA Easements, Right of Ways, and Land Solicitor Marles (page 139) Solicitor Marles said that it is really critical to find out what easements belong to the Township and the Authority. Per Mike Shafer, ZLO, also feels this is something that needs to be done and said that the BOC has taken it under advisement. It is very expensive to continue on without having this done. It could be a simple project, but on the other hand, it could be a complicated project. The Courthouse records have not been looked at in over 30 years. Solicitor Marles feels that it should be a joint BOA/BOC project. FM, Lenore Horos asked what the amount of money would be for this project. It was suggested that $10,000 for the BOA and $10,000 for the BOC be budgeted. 14. TREASURER S REPORT: a. Financials for September (See Finance Reports Packet) b. Authority Delinquents (See Finance Reports Packet) c. Line of Credit (See Finance Reports Packet) d. 2013 Exceptional Strength Sewerage Invoices & 2014 Exceptional Strength Sewerage Billings (See Finance Reports Packet) e. Year 2014 Water & Sewer Connection Tapping Fees (See Finance Reports Packet)
October 20, 2014 Page 7 Treasurer Rick Klotz made a motion to approve the water and sewer bills for the September 2014 Financials, based on the invoices listed, which have been provided by the Administration, and as recommended by the Treasurer, and moved to ratify bills paid last month, and approve bills to be paid in the current month, as funds become available. (As required by the Authority s Act.) The Motion was seconded by Craig Walls. All in favor; none opposed (4 0 Vote). f. Approval of Stevens & Lee Legal Invoices: (pages 171 & 179 A motion was made by Treasurer Klotz, and seconded by Bill Geiger to approve the Stevens & Lee Invoices as listed below. All in favor; none opposed. Date Invoice # Amount 09/16/2014 425413 $8,613.07 09/16/2104 425419 $5,817.27 g. Approval of The Pidcock Company Engineering Invoices: None. 15. NON AGENDA ITEMS: None. 16. EXECUTIVE SESSION: None. 17. ADJOURNMENT: A motion was made by Chairman D Imperio to adjourn at 6:05P in order to convene into the 6:00 p.m. scheduled, joint BOC BOA Meeting. The motion was seconded by Craig Walls. All in favor; none opposed. 18. APPROVED: November 17, 2014 On November 17, 2014, a motion was made by Bill Gieger, and seconded by Rick Klotz, to approve the October 20, 2014, BOA Meeting Minutes. All in favor; none opposed. N:\BOA MINUTES\2014\2014.10.20 BOA Agenda Minutes, October 20, 2014.Docx