Home Meeting Minutes MAY 22, 2017
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Meeting Minutes - Meeting Minutes


Chairman Jerome Theobald; Vice-Chairman John Haggarty; Secretary James LaPoint; Treasurer Timothy Moffitt; Assistant Treasurer James Brennan; Solicitor Anthony Magnotta; Mary Peters, Engineer;  Tammy Jensen, Administration; Dan Guinther, Plant Superintendent


Pledge of Allegiance


Assistant Secretary George Firmstone



Brad Murray, Brian T. Kelly, CPA



The Board of Directors was polled by Tammy Jensen on May 5, 2017, to accept a quote for the 6th St. Sewer Project.  1. Pioneer Construction $19,250.00   2. Leeward Construction $11,852.00   3. Reinfurt Excavating $25,000.00. Leeward Construction was awarded the project at a cost of $11,852.00 to be completed immediately.  The quotes were reviewed by the Authority Solicitor.

Roll Call

Mr. Brennan, Yes                    Mr. Firmstone, Yes

Mr. Moffitt, Unavailable        Mr. LaPoint, Yes

Mr. Haggarty, Yes                   Mr. Theobald, Yes


Brad Murray presented the 2016 Financial Reports to the Board.  The Reports were reviewed and approved by the Board.



On a motion made by John Haggarty and seconded by Timothy Moffitt the Board approved the 2016 Financial Statements as prepared by Brian T. Kelly, CPA & Associates.  Motion carried.

Roll Call

Mr. Firmstone, Absent                        Mr. Moffitt, Yes

Mr. LaPoint, Yes                                  Mr. Haggarty, Yes

Mr. Theobald, Yes                               Mr. Brennan, Yes




On a motion made by Timothy Moffitt and seconded by James Brennan the Board approved the April 24, 2017, meeting minutes as presented.  Motion carried.

Roll Call

Mr. Moffitt, Yes                      Mr. LaPoint, Yes

Mr. Haggarty, Yes                   Mr. Theobald, Yes

Mr. Brennan, Yes                    Mr. Firmstone, Absent


Solicitor’s Report

UGI, Fair Avenue Project

I have received a written statement from Dan Swirdovich through Franchelli Construction indicating that Franchelli Construction was not at fault in damaging Authority manholes and that Authority personnel indicated to Franchelli representatives that the Authority would take care of repairing the damaged manholes.  I forwarded this response to the Authority employees and in kind they have responded indicating that the individual Mr. Swirdovich, who gave the written opinion that it was not Franchelli Enterprises negligence that caused damage to Authority’s manholes was not even present at the site when they arrived to inspect the work.  Rather he was seated in his car looking over papers.  Also, indicative of the way this project way run was that the UGI Inspector, Stan Makalic was not on the job or present for any of the description of the incident occurring with our manholes.

It is my intention to contact UGI and Midlantic Engineering, the employer of Dan Swirdovich and PennDot to advise them that the Authority has a different view of what happened with respect to the damage and that the Authority expects UGI to reimburse the Authority for damage done to its manholes due to negligent excavation by Franchelli Enterprises.



I will defer to Entech Engineering, Inc. and the Authority Surveyor for the description of alternate routes to bypass the Wendy’s proposed easement which is the subject of a Board of View proceeding.  It is my recommendation that if the Authority has an alternate method of not interrupting Wendy’s business or parking lot that it utilize the same so as to limit the alleged damage to Wendy’s.


Gaik Easement

Once again, I will defer to the Entech Engineering, Inc. and the Surveyors for production of an alternate route around the Gaik property.  I would strongly recommend that the $75,000.00 being sought by Mr. & Mrs. Gaik’s attorney for damages to their property is excessive and that if an alternate route can be appropriately carved out for the project that the Authority choose the alternate route in order to avoid delays, cost of litigation and ultimate payout to the Gaiks of some amount of money which would be determined ultimately by a Board of View.


Scioto-Darby Interceptor Easement

Scioto-Darby’s Attorney, Kent Keitch, has provided my office with numerous changes to the proposed temporary construction easement applicable to the easement.  In essence the substance of the changes are that there would be prior notification of seven (7) days to commencing any work on the project.  In addition, there would be a one year warranty from substantial date of completion of the work.  In addition, there would be no less than three (3) business days prior to any plan of interruption of water or sewer services notification directly to the owner and that the contractors and subcontractors will provide liability insurance certificates in the amount of at least one million dollars, naming Scioto-Darby as an Additional Insured.  Finally, details were requested regarding the installation of the grinder pump which may be necessary on the property.  These details have been provided by Mary Beth Peters, Entech Engineering and have been forwarded to Counsel.  In reviewing the proposed changes, all of them will be able to be complied with by the Authority.  Scioto-Darby has removed the Hold Harmless and Indemnification clause which was reasonably expected by Counsel to be the case.


Mark Four Realty Easements & Acadia Easements

The office staff has been diligently working to try to accomplish the execution of easements necessary from Mark Realty & Acadia Realty with regard to the proposed project.  The Authority has been informed that Honesdale National Bank has executed its required Easement and will be forwarding it in the near future to the Authority.


Dutchland, Inc.

I will defer to a further discussion of the Dutchland matter with Entech Engineering, Inc. and the Board prior to further communication with Dutchland, Inc. regarding this matter.


Hunter Lefkoski will be served his Notice to Connect by a constable as per an order signed order by the Wayne County Judge. The Wayne County Sheriff Department was unable to deliver the notice.


Solicitor Magnotta will prepare the sewer easement needed for Louis & Frances Gruber to connect their property on Old Willow Ave to the Authority’s line through the Zefran Dental property.


The railroad crossing agreements were discussed.  The Authority has been waiting for updated agreements for nearly a year.  Solicitor Magnotta will contact ReLTEK to discuss the agreements.  Annual rent will not be paid until the agreements are corrected and signed.


Engineer’s Report

  2. Contract #1 and #2
    1. Sewer Main Easements/Realignments
      1. Wendy’s Property – Survey Received
      2. Long Ridge Road – Survey to be Completed by 5/26/17
    2. Permitting
      1. PennDOT HOP Driveway - Received
      2. Component 3M
        1. Change in Cost – Re-advertise






#1 & #2 – White Mills



#3 - Interceptor








  1. Permits Modifications –
    1. PennDOT - Supplement
    2. GP-5 – Letter and Project Description
    3. NPDES Stormwater – Minor/Major Modification
    4. Part II – Permit Modification Package
    5. Contract #3 – Interceptor
      1. RUS Review
        1. Correspondence to be Issued this Week


    1. Work Plan Provided to DEP for their Review – No Response
  2. 3) SBR TANKS
  3. CIM Coatings
    1. Adhesion Tests this Summer
      1. CIM Coatings - Awaiting response back from Maribeth with List of WWTPS
      2. Tnemec Coatings – Similar Product
  5. Leeward Construction: $379,996.00
  6. Balancing Change Order (To be Established at End)
  7. Complete Paving last week of May/ first week of June
    2. See Attached

The Brown Street Sewer Replacement Project was discussed.  UGI has completed their project. The Authority will ask if they will hold off on road restoration so that a sewer replacement project can be completed this year and restoration costs can be shared between the utilities.  The Board agreed to proceed with the project if UGI agrees to share the restoration costs.

Directional drilling will be used when completing the sewer work near Wendy’s Restaurant.  The work will be done as much as possible when the restaurant is not open.

The White Mills Road and Charles Street – S.R. 2006 may be completed prior to the rest of the White Mills Project due to paving that PennDOT would like to have completed.  The Authority is working out the details with RUS and PennDOT.

Don Johnson and Mike Avenoso will complete a punch list for the Old Willow Avenue Project.

Wayne Memorial Hospital will be supplying the Authority with water consumption information regarding their cooling system. The hospital has had a substantial increase in flows over the years.



On a motion made by Timothy Moffitt and seconded by John Haggarty the Board agreed to complete the Brown Street replacement project if UGI agrees to share 50% of the road restoration costs.  Motion carried.

Roll Call

Mr. LaPoint, Yes                      Mr. Haggarty, Yes

Mr. Theobald, Yes                   Mr. Brennan, Yes

Mr. Firmstone, Absent            Mr. Moffitt, Yes


Plant Report

  • The monthly discharge monitoring report was reviewed by the Board. Flows were increased in April due to heavy rains and snow melt.
  • The slide gate is not working properly. OCC will be hired to correct the programming.
  • DEP has not responded to the Authority’s quality assurance sampling plan that was submitted for the required TRE Study. Sampling was set to take place between June and October of 2017. A letter will be sent to DEP.    A progress report will also be sent regarding the TRE.
  • The Headworks building lost all power and six breakers kicked. North End Electric is replacing the VFD which controls the speed of the pumps.  There are four pumps, one pump was lost. A short circuit coordination study will be conducted at the plant in order to detect any electrical problems. Quotes are being obtained for the study.
  • The SBR tank coating were discussed.  Companies will be asked to demonstrate their product so that the Authority can chose the best option.
  • DRBC has increased their annual fees.
  • Dan thanked Lab Supervisor, Sharon Kinzinger, for obtaining a Certificate of Excellence for the Authority’s lab from ERA. The board congratulated Sharon for her efforts.

Collection System Report

  1. Leeward completed new 6” lateral lines for 214 6th Street. They will have to come back to complete top pave when the trench settles.
  2. Pioneer paved 11th Street trench, Wayne Street repair, Chapel Street repair, and one of two Fair Avenue manhole repairs damaged by Franchelli during gas main replacement.
  3. Kevin and Don have begun spot checking grease traps at the Route 6 Mall.  Many installed traps are not sufficient size.
  4. Kevin and Don completed the 1st session of E-one qualification held by Paul from E-One at our faculty.
  5. Need to wrap up Old Willow Avenue Project with Leeward.
    1. Route 6 Paving
    2. Rip Rap fill around manhole 2a at river crossing
    3. Topsoil around cleanouts in yards

Administration Report

  • The monthly invoices and financial reports were reviewed.
  • Tammy Jensen requested to take a 3-credit class at Keystone College.


Debt Collection Report

  • 69 initial collection letters were mailed.
  • 16 lien pending notices were sent out.
  • 1 lien was filed with the Wayne County Prothonotary.
  • Municipal liens on properties total $36,478.94
  • 4 accounts are scheduled or have pending Sheriff Sales.
  • 2 Water terminations are scheduled for May 25th.


On a motion made by James LaPoint and seconded by James Brennan the Board approved the monthly invoices as presented.  Motion carried.

Roll Call

Mr. Haggarty, Yes                   Mr. Theobald, Yes

Mr. Brennan, Yes                    Mr. Firmstone, Absent

Mr. Moffitt, Yes                      Mr. LaPoint, Yes



On a motion made by James LaPoint and seconded by Timothy Moffitt the Board approved a 3-credit class at Keystone College for Tammy Jensen. Motion carried.

Roll Call

Mr. Theobald, Yes                   Mr. Brennan, Yes

Mr. Firmstone, Absent            Mr. Moffitt, Yes

Mr. LaPoint, Yes                      Mr. Haggarty, Yes

Public Comment – none.


The meeting was adjourned at 7:44 p.m.

The next Board meeting is scheduled for June 26, 2017.




James LaPoint Secretary

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