Home Meeting Minutes MAY 23, 2016
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Meeting Minutes - Meeting Minutes

Present

Chairman Jerome Theobald; Vice-Chairman John Haggarty; Treasurer Timothy Moffitt;  Secretary James LaPoint; Solicitor Anthony Magnotta; Engineers Edward Pietroski and Mary Peters;  Tammy Jensen, Administration;  Dan Guinther, Plant Operator.

 

Absent

Assistant Treasurer James Brennan

Assistant Secretary George Firmstone

 

Pledge of Allegiance

Visitors

Jens Damgaard, Esq. – Rhoads & Sinon LLP

 

Vice-Chairman opened the meeting with a quorum present.  Chairman Theobald was participating via telephone.

 

Attorney Jens Damgaard discussed interim financing items for the White Mills/Interceptor Project with the board.  The Authority must finance the loan amount of the RUS funding package with interim financing.  The Authority will be reimbursed once the project is completed.

 

Motion

On a motion made by Timothy Moffitt and seconded by James LaPoint the Board approved Resolution 05-23-2016-01, Accepting a bank loan proposal; authorizing and approving a loan agreement, between this Authority and The Dime Bank; setting forth the form of the loan agreement; authorizing the signing and delivery of the loan agreement; authorizing the issuance of the Authority’s sewer project note, series of 2016, in the maximum principal amount of $7,115,000.00, contemplated by the loan agreement; authorizing proceeding with the sewer system project of this Authority; and authorizing other related action.   Motion carried.

Roll Call

Mr. Firmstone, Absent                        Mr. Moffitt, Yes

Mr. LaPoint, Yes                                  Mr. Haggarty, Yes

Mr. Theobald, Abstain                        Mr. Brennan, Absent

 

Motion

On a motion made by James LaPoint and seconded by Timothy Moffitt the Board approved Loan Resolution No. 05-23-2016-02, RUS Bulletin 1780-27, Authorizing and providing for the incurrence of indebtedness for the purpose of providing a portion of the cost of acquiring, constructing, enlarging, improving, and/or extending its municipal sanitary sewage facility to serve an area lawfully within its jurisdiction to serve.  Motion carried.

Roll Call

Mr. Moffitt, Yes                      Mr. LaPoint, Yes

Mr. Haggarty, Yes                   Mr. Theobald, Yes

Mr. Brennan, Absent              Mr. Firmstone, Absent

 

Motion

On a motion made by James LaPoint and seconded by Timothy Moffitt the Board approved Resolution 05-23-2016-03, Adopting environmental impact mitigation measures in connection with the sewer system improvements to be acquired, constructed, owned, and operated by this Authority, as required by the conditions for financing of such sewers system improvements by the United States of America acting through the Rural Utilities Service, United States Department of Agriculture.  Motion carried.

Roll Call

Mr. LaPoint, Yes                      Mr. Haggarty, Yes

Mr. Theobald, Yes                   Mr. Brennan, Absent

Mr. Firmstone, Absent            Mr. Moffitt, Yes

 

Motion

On a motion made by Timothy Moffitt and seconded by James LaPoint the Board approved the April 25, 2016 meeting minutes as presented. Motion carried.

Roll Call

Mr. Haggarty, Yes                   Mr. Theobald, Yes

Mr. Brennan, Absent              Mr. Firmstone, Absent

Mr. Moffitt, Yes                      Mr. LaPoint, Yes

 

Solicitor’s Report

Nola Michaels Holding Corp. - I have made further revisions to the easement for Nola Michaels Holding Corp.  I am currently awaiting a survey for Nola Michaels Holding Corp.’s portion of the premises adjacent to its improved building which it may utilize for access through Authority-owned ground.  A Use Agreement to be executed by the Fire Company and the Borough utilizing the training grounds has been prepared and is in the process of being reviewed.

White Mills Project - Condemnation proceedings have been filed with respect to seven (7) property owners.  In addition, negotiations have continued with the Gaik’s relative to the easement for the sewer main through their property.  Currently, negotiations with the Gaik’s have not yielded an easement agreement and deed of easement.  Unless there is an agreement received by Monday, May 23, 2016, my office is recommending condemnation proceedings be initiated against the Gaik’s.

Wendy’s Easement - An appraisal is being performed by Gerald Romanick on the Wendy’s property since the Wendy’s principle managing partner desires compensation prior to executing a deed of easement.  The appraisal will determine the fair market value of the property both before and after the easement.

Canal Mobile Home & Highlights for Children - I am still awaiting additional information regarding sewer interceptor easements.  Easements agreements have been prepared for the canal mobile home sight and for Highlights for Children, however, we are awaiting execution of those easements.

Dime Bank Interim Financing -The Dime Bank Interim Financing for the $7,115,000 loan has been prepared by bound counsel and has been reviewed by Authority counsel and Dime Bank counsel as has been approved.  The interim financing documents will be available at the May 23, 2016 meeting for review and signature of the appropriate Authority officers.  Bound counsel, Jens Damgaard will be available to answer any questions which Authority members may have regarding either the interim financing with Dime Bank or the final financing with RUS.

 

Motion

On a motion made by James LaPoint and seconded by Timothy Moffitt the Board adopted Resolution 05-23-2016-04. Authorizing Solicitor Magnotta to file a Declaration Taking and any other documents necessary for institution of eminent domain for the Gaik property located on Texas Palmyra Highway for the White Mills Project.  Motion carried.

Roll Call

Mr. Theobald, Yes                   Mr. Brennan, Absent

Mr. Firmstone, Absent            Mr. Moffitt, Yes

Mr. LaPoint, Yes                      Mr. Haggarty, Yes

 

Old Willow Ave Sewer Project – Bids

  1. Kohr’s Excavating, Honesdale, PA                  $569,225.00
  2. Leeward Construction, Honesdale, PA           $379,996.00
  3. Pioneer Construction, Honesdale, PA             $380,202.75

Motion

On a motion made by James LaPoint and seconded by Jerome Theobald the Board awarded the Old Willow Ave Sewer Project to Leeward Construction in the amount of $379,996.00 upon Engineer and Solicitor review.  Motion carried.

Roll Call

Mr. Brennan, Absent              Mr. Firmstone, Absent

Mr. Moffitt, Yes                      Mr. LaPoint, Yes

Mr. Haggarty, Yes                   Mr. Theobald, Yes

 

Engineer’s Report

  1. 1) OLD WILLOW AVENUE
    1. Bids Due May 23, 2016 @ 3:00
    2. Permits:
      1. PennDOT – Received
      2. Borough Road Opening – Submitted (Under Review)
      3. GP-11 (Need Signatures)
    3. 2) PENNDOT PROJECT – DYBERRY CREEK BRIDGE RECONSTRUCTION
      1. PennDOT Relocation Forms (Need Signatures)
    4. 3) WHITE MILLS SEWER INSTALLATION PROJECT
      1. Final Design
        1. Conditioning Station – Relocation
        2. Interceptor Property Easements
      2. Permitting
        1. WQM – Received
        2. Texas Township Road Opening – Received
        3. DRBC –
          1. June 15 Commission Meeting
          2. Texas Township Stormwater Ordinance under DRBC Review
        4. PennDOT
          1. Requested Drawings, Additional Fees, and Updated LOC
          2. SR 2006 Construction Project
        5. NPDES Stormwater/GP-5
          1. Submitted – Under PaDEP Review
        6. Railroad Crossing
          1. Submitted – Under Review

vii)  Component 3M for Properties along Route 6

  1. Submitted – Under PaDEP Review
  2. Funding
    1. Letter of Conditions/ Required Information for USDA
    2. RUS Concurrence for Engineering Agreement
    3. 4) ROUTE 6 WIDENING PROJECT
      1. Meeting to be scheduled to discuss final close out items

Plant Report

  • The monthly discharge monitoring report was reviewed by the Board.
  • Dan requested that the Authority correspond with PennDOT, Texas and Cherry Ridge Township, and Honesdale Borough so that they contact the Authority prior to paving projects that may involve Authority manholes.
  • Michael Giardi will be meeting with Dan and Sharon to discuss the reduction of solids at the plant.
  • Melborne Electric has not completed the work for the Cherry Ridge Pump Station Project and billing for the project is over budget.  Ed Pietroski will check into the matter.

 

Collection System Report

ü  7th Street Project – final pave and sidewalk restoration was completed.

ü  Installed a new E/One extreme pump at 389 Schoolhouse Road.  Koberlein was repairing old pump.  Koberlein also replaced the pump control panel at the house.

ü  TJ Werner completed electric work at the Rt.6 pump station.

ü  All guide brackets have been changed at the Cherry Ridge pump stations.

ü  Wayne Memorial Hospital still needs to have a contractor cap all laterals of their buildings that were demolished.

ü  Leeward still has a punch list to complete for the Rt.6 Widening Project.

ü  1123 Main Street building will be demolished around June 1st. This lateral will also need to be capped.

 

Administration Report

  • The monthly invoices and financial reports were reviewed.
  • 148 Deed of Easements have been completed for the White Mills Project.
  • Seven properties had condemnations filed at the courthouse in order to obtain easements for the White Mills Project.
  • Unused permit holders have been notified that their permits are still active until July 2, 2018 as per the Commonwealth of PA.
  • Six properties were given 60-day connection notices in the Indian Orchard area.  One of the properties are connecting this week.
  • The board reviewed a letter from Honesdale Borough Council member Bill Canfield regarding the 5th St. Bridge.  The letter suggested a meeting with the Authority.  Mr. Canfield will be notified to setup a meeting.
  • A help wanted ad was reviewed for a laborer/maintenance person.  The Board authorized advertising the help wanted ad.
  • The Authority needs to complete the Risk Control Recommendation as issued by Glatfelter Insurance Group.  The gas meter and office building needs to be protected from large trucks driving past the office building.
  • PennDOT has issued an invoice for the Rt.6 Widening Project.  Entech Engineering will contact PennDOT regarding the punch list that has not been completed before payment will be made.
  • Working with ReLTEK to obtain railroad crossing for the White Mills Project and to verify all the Authority’s current crossings.
  • RUS will be contacted to see if the Authority is allowed to enter into a lease agreement for property needed for the White Mills conditioning station.
  • June Badgley, 357 Terrace Street, contacted the Authority regarding previous construction work near her property. The Authority had completed a project on Terrace Street several years ago and Aqua Pennsylvania had completed work on Ray Street near her property.  Mrs. Badgley wanted a portion of her property reseeded on the Ray Street side due to the contractor, Leeward Construction, parking equipment on her property.  The Authority’s project was done on Terrace Street and is now out of warranty with no recourse available.

 

Debt Collection Report

  • 62 initial collection letters were mailed.
  • 14 lien pending notices were sent out.
  • 0 liens were filed with the Wayne County Prothonotary.
  • 6 accounts are scheduled for Sheriff Sale.
  • 1 account is currently involved in Bankruptcy.
  • 2 accounts were filed with the Wayne County District Court.
  • Municipal liens on properties total $56,064.21
  • 3 accounts are scheduled for water terminations on June 23rd.
  • 4 accounts totaling $5,795.43 were paid during May.

 

Motion

On a motion made by John Haggarty and seconded by James LaPoint the Board approved a proposal from Brian T. Kelley, CPA to perform annual audits in the amount of $6,500.00 per year through the year 2020.  Additional Single Audits would be an additional $2,500.00 per year.  Motion carried.

Roll Call

Mr. Theobald, Yes                   Mr. Brennan, Absent

Mr. Firmstone, Absent            Mr. Moffitt, Yes

Mr. LaPoint, Yes                      Mr. Haggarty, Yes

 

Motion

On a motion made by James LaPoint and seconded by Timothy Moffitt the Board approved the monthly invoices as presented with the addition of billing for the 2015 Audit from Brian T. Kelly, CPA.   Motion carried.

Roll Call

Mr. Brennan, Absent              Mr. Firmstone, Absent

Mr. Moffitt, Yes                      Mr. LaPoint, Yes

Mr. Haggarty, Yes                   Mr. Theobald, Yes

Public Comment – none.

The meeting was adjourned at 8:20 p.m.  The next Board meeting is scheduled for June 27, 2016.

 

 

James LaPoint, Secretary

 
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