Home Meeting Minutes JUNE 22, 2020
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Meeting Minutes - Meeting Minutes

Present

Chairman Jerome Theobald; Secretary James LaPoint; Treasurer John Feik; Assistant Secretary George Firmstone; Tammy Jensen, Administrator; Dan Guinther, Plant Superintendent; Mary Peters, Engineer.

 

Absent

Assistant Treasurer James Brennan; Vice-Chairman John Haggarty

 

Pledge of Allegiance

 

Motion

On a motion made by George Firmstone and seconded by James LaPoint the Board approved the meeting minutes from the May 18, 2020 meeting as presented. Motion carried.

Roll Call

Mr. Firmstone, Yes                              Mr. Feik, Yes                                       Mr. LaPoint, Yes

Mr. Haggarty, Absent                          Mr. Theobald, Yes                               Mr. Brennan, Absent

 

Solicitor’s Report

1. White Mills Project

The White Mills Project is continuing construction after a delay due to the pandemic. I have reviewed and approved correspondence from the Authority to its users on the White Mills system regarding access to the system and compliance with rules and regulations of the Authority.

 

2. TRE Report

The TRE Report has been completed by Kleinfelder Associates. The report has been commented upon by Entech Engineering. It is anticipated that the necessary revisions will be made in the near future and the report will be submitted to DEP. The Report concluded that the Authority will not need to have any metals limits.

 

3. COVID-19 Update

I'm happy to announce that the office is presently open between 9 a.m. and 3 p.m. Monday through Friday. I am still working remotely, however, I am available for in-person appointments at the office as necessary. I'm also pleased to announce that the Supreme Court Has Lifted the Judicial Emergency and that all courts are presently open although scheduling of matters is still being done on a priority basis and certain non-essential hearings are being conducted via zoom or go to meeting.

 

4. DEP  Notice of Violation.

The Authority has received a notice of violation from the Department of Environmental Protection regarding effluent limits for metals, dissolved oxygen and suspended solids. I will defer to Entech Engineering as to the specific violations. I have reviewed the notice of violation with Mary Peters and a draft response by the authority to the violations. In essence, these violations occurred due to the lining of the SBR tanks which occurred during the summer of 2019.  It was necessary to drain the tank in order to clean and reline it, therefore, forcing the plant to operate on less than full capacity. I believe the engineer has addressed the reasons for the violation and would recommend to the board that the  correspondence to DEP be approved for submission.

 

5. Cherry Ridge Realty / Suhosky

The Authority has received a request from Cherry Ridge Realty for reimbursement for a connection made to an extension of Cherry Ridge Sewer Authority’s Mainline servicing the Cherry Heights development. I have had several phone conversations with Robert Suhosky regarding this matter. I will summarize them in a brief fashion for the board.  In 2006, Bob Suhosky extended the existing sewer main of the Cherry Ridge Sewer Authority (CRSA) to service what is referred to as phase one of the Cherry Heights development. Prior to the formation of CWRA, the extension was represented in minutes of the CRSA that the line which was being installed by Cherry Ridge Realty would be conveyed to CRSA.

 

The Municipalities Authorities Act provides that a developer who expends funds for extending a Sewer Main and dedicates that sewer Main to The Authority is entitled to reimbursement of part of the tapping fee  (Collection part portion) for users who hook up to the extended line within 10 years of the date of dedication of the extension. My review of the transfer documents indicates that the Bill of Sale received from Cherry Ridge Authority does not include this line. In 2012, Cherry Ridge Realty again extended service to what is now known as phase two of the Cherry Ridge Heights development. At that time, a developer's agreement, sewer maintenance agreement and deed of dedication was prepared for the portion of the line servicing the new phase.

 

The Authority has recently added a customer hookup to the line constructed in 2006, and Cherry Ridge Realty has asserted its right to a reimbursement. Clearly, the 10-year period following construction of the line has elapsed. The argument of Cherry Ridge Realty is that the line was never turned over to the Cherry Ridge Authority and the dedication took place in 2013. Therefore, they claim entitlement to a reimbursement for a new hook up.

 

The Authority is presented with three potential options

  1. The Authority May reject the claim for reimbursement indicating that it was the intent of the Cherry Ridge Authority to convey the line with all other lines conveyed in 2008 to the authority.
  2. The Authority may enter into an agreement with Cherry Ridge Realty to convey the line to CWRA and  reimburse Cherry Ridge Realty for only this connection in final settlement of any claims that either party may have against each other.
  3. The Authority may  present a declaratory judgment action to the court of common pleas declaring that this line was intended to be conveyed to the Authority in 2008 and that any claims for reimbursement from Cherry Ridge Realty should be rejected.

There is no doubt that options one and three will be the least cost-effective for the Authority. Option 2 is clearly the most cost-effective way of dealing with this matter.  Unfortunately, in reviewing the minutes of Cherry Ridge Authority meetings, it was clear that the principal of Cherry Ridge Realty was also the chairman of the Cherry Ridge Authority and knew or should have known that the intention was for the line to be conveyed to the Central Wayne Regional Authority. In any event, I will allow the office administrator, Tammy Jensen, to review the history of the line extension and the corresponding agreements of dedication which were executed between the parties.

 

The Board discussed the Robert Suhosky issue with Solicitor Magnotta via telephone during the meeting. A letter will be complied for the Board’s review.

 

Engineer’s Report

  1. 1) WHITE MILLS SEWER INSTALLATION PROJECT (USDA RUS)
  2. Contract #1 – White Mills Sanitary Sewer Installation
    1. Contract Information:

(1)  Contractor: Leeward Construction, Inc

(2)  Dates:

(a)    Notice to Proceed: January 9, 2019

(b)   Substantial Completion: February 13, 2020 (400 days)

(c)    Final Completion: March 29, 2020 (445 days)

(i)      Change Order #3 – Time Extension (120 Days) – RUS Approved

  1. Substantial: June 12, 2020, Final: July 27, 2020

(ii)    Change Order #5 – Time Extension (95 Days) – Needs CWRA Approval

  1. Substantial: September 15, 2020, Final: October 30, 2020

(3)  Contract Amount: $5,193,193.00

(a)    Change Order #1 – $27,973.90 (RR Boring) – RUS Approved

(b)   Change Order #2 – $9,103.14 (Road Base Drain) – RUS Approved

(c)    Revised Contract Amount: $5,230,270.04

(i)      Job Completed to Date: $3,022,409.54 (57.8%)

(ii)    Change Order #4 – $0 (Stored Materials) – RUS Approved

 

  1. Payment Applications:

(1)  Payment Application #16 – Not Submitted

  1. Meetings:

(1)  Progress Meeting #15 – June 30, 2020 at 10:00 am

  1. Items for Discussion:

(1)  Construction Began Today

  1. Contract #2 – Pump Station, Conditioning Station, and Sanitary Sewer Installation
    1. Contract Information:

(1)  Contractor: Pioneer Construction Co, Inc.

(2)  Dates:

(a)    Notice to Proceed: October 24, 2018

(b)   Substantial Completion: July 21, 2019 (270 days)

(c)    Final Completion: August 20, 2019 (300 days)

(i)      Change Order #2 – Time Extension (120 Days) – RUS Approved

  1. Substantial: November 18, 2019, Final: December 18, 2019

(ii)    Change Order #4 – Time Extension (Sub: 102 Days; Final: 134 Days) – RUS Approved

  1. Substantial: February 28, 2020, Final: April 30, 2020
    1. Did not submit Time Extension request

(3)  Contract Amount: $2,560,969.00

(a)    Change Order #1 - $72,045.00 (Texas Township Bridge) – RUS Approved

(b)   Change Order #3 – $226,751.61 (Old Willow Pave) – RUS Approved

(c)    Revised Contract Amount: $2,859,755.61

(i)      Job Completed to Date: $2,561,595.90 (90%)

  1. Payment Applications:

(1)  Payment Application #12 – Not Submitted

  1. Schedule/Meetings:

(1)  Punch List Items in Progress

  1. 2) CAPITAL IMPROVEMENT PROJECTs (PENNVEST)
  2. 2018 Sewer Main Replacement
    1. Contract Information:

(1)  Contractor: Leeward Construction, Inc.

(2)  Dates:

(a)    Notice to Proceed: April 15, 2019

(b)   Substantial Completion: July 14, 2019 (90 Days)

(c)    Final Completion: August 13, 2019 (120 Days)

(i)      Change Order #2 – Time Extension (60 Days) – DEP Approved

  1. Substantial: September 12, 2019, Final: October 12, 2019

(ii)    Change Order #3 – Time Extension (309 Days) – Under DEP Review

  1. Substantial: July 17, 2020, Final: August 16, 2020

(3)  Contract Amount: $875,875.00

(a)    Change Order #1 – $2,850.00 (Tree Removal) – DEP Approved

(b)   Revised Contract Amount: $878,725.00

(i)      Job Completed to Date: $ 751,713.40 (85.5%)

  1. Payment Applications:

(a)    Payment Application #8 - $123,713.05 (Recommend for Payment)

  1. Schedule/Meetings:

(1)  Construction Resumed April 22, 2020

(2)  Construction (Main and Services) to be Complete First Week of June

(3)  Pavement Restoration Second Week of July

  1. Cliff Street Area
    1. Contract Information:

(1)  Contractor: Leeward Construction, Inc.

(2)  Dates:

(a)    Notice to Proceed: April 22, 2019

(b)   Substantial Completion: July 21, 2019 (90 Days)

(c)    Final Completion: August 20, 2019 (120 Days)

(i)      Change Order #1 – Time Extension (143 Days) – DEP Approved

  1. Substantial: December 11, 2109, Final: January 10, 2020

(ii)    Change Order #2 – Time Extension (233 Days) – Under DEP Review

  1. Substantial: July 31, 2020, Final: August 30, 2020

(3)  Contract Amount: $947,749.00

(a)    Change Order #3 – $6,289.36 (Road Base Drain) – Under DEP Review

(b)   Revised Contract Amount: $954,038.36 (Based on DEP Approval)

(i)      Job Completed to Date: $746,431.70 (78.2%)

  1. Schedule/Meetings:

(1)  Construction (Services) to be Complete End of June

(2)  Pavement Restoration Second Week of July

  1. Lackawaxen River Interceptor
    1. Contract Information:

(1)  Contractor: Mobile Dredging & Video Pipe, Inc.

(2)  Dates:

(a)    Notice to Proceed: April 22, 2019

(b)   Substantial Completion: July 21, 2019 (90 Days)

(c)    Final Completion: August 20, 2019 (120 Days)

(3)  Contract Amount: $199,105.00

(a)    Change Order #1 – $3,600.00 (Additional TV Work) – DEP Approved

(b)   Change Order #2 – Time Extension (20 Days) – DEP Approved

(c)    Change Order #3 – -$32,874.00 (Balancing Change Order)

(d)   Revised Contract Amount: $169,831.00

(i)      Job Completed to Date: $ 169,831.00 (100%)

  1. Payment Applications:

(1)  Payment Application #4 (Final) – $16,983.10 (Recommended for Payment)

  1. 3) 5th STREET BRIDGE REALIGNMENT
  2. Waiting on PennDOT Permit
  3. Bid opening
    1. 4) toxic reduction evaluation study
    2. Kleinfelder TRE Final Report
      1. 5) PENNDOT TRUCK WASH
      2. Sewer Permit/Agreement

Restoration on Delaware Street was discussed.  UGI will be contacted. The Board approved a $4,300 cost for a fence to replace shrubs removed on Lincoln Street during the 2018 Sewer Main Replacement Project.  A letter will be sent to two property owners with a shared lateral as the Authority Rules & Regulations does not allow for shared connections. The lateral is their joint responsibility. Grease trap inspections will resume as time allows.

 

Motion

On a motion made by John Feik and seconded by James LaPoint the Board of Directors approved change order #5 from Leeward Construction for Contract 1 of the White Mills Project. Substantial and final completion dates will be increased by 95 days.

Motion carried.

Roll Call

Mr. Feik, Yes                                       Mr. LaPoint, Yes                                  Mr. Haggarty, Absent

Mr. Theobald, Yes                               Mr. Brennan, Absent                           Mr. Firmstone, Yes

 

Motion

On a motion made by James LaPoint and seconded by George Firmstone the Board approved the 5th Street Bridge Project bid opening for July 27, 2020.

Motion carried.

Roll Call

Mr. LaPoint, Yes                                  Mr. Haggarty, Absent                          Mr. Theobald, Yes

Mr. Brennan, Absent                           Mr. Firmstone, Yes                              Mr. Feik, Yes

 

Motion

On a motion made by James LaPoint and seconded by John Feik the Board approved the TRE report developed by Kleinfelder to be submitted to PADEP.

Motion carried.

Roll Call

Mr. Haggarty, Absent                          Mr. Theobald, Yes                   Mr. Brennan, Absent

Mr. Firmstone, Yes                              Mr. Feik, Yes                           Mr. LaPoint, Yes

Plant Report

  • The monthly discharge monitoring and plant reports were reviewed.
  • The VFD in the headworks burnt up.  This is the second time this has happened. Several breakers were kicked. The headworks shutdown, but the plant was not affected. The electrical engineer from Entech Engineering is looking into the situation.
  • The springs in the Ford F550 are binding up. The company will be contacted regarding the warranty.
  • The sewer line was repaired between the Mexican and Chinese restaurants on Main Street. The line had a lot of grease in it.

Collection System Report

Leeward – Willow Avenue:

  • Pipe work for both Aqua and CWRA is complete.
  • Pavers have been working on pavement restoration.

White Mills sewer:

  • Leeward has moved back to White Mills, they are installing grinder pumps and services on Route 6.
  • Some yard restoration was completed by a subcontractor on Elizabeth and Charles St.
  • There is a complex ticket meeting on Tuesday, June 23rd at 9:30 am at the trailer park.

 

Cliff Street:

  • There are 14 service laterals to be completed.
  • Some manholes and temporary tie-ins to be abandoned.
  • The crew on Cliff St is moving to Crestmont, the Willow Ave crew will move to Cliff when pavement restoration is complete.

Administration Report

  • The monthly invoices and financial reports were reviewed.
  • 111 White Mills customers have either paid or are on a payment plant for their tapping fee.
  • 109 White Mills customers have completed their electric work and passed inspection
  • Connection permits and grinder pump information was mailed to the White Mills customers
  • 9 White Mills properties will not be connected due to the condition of the dwelling.
  • 541 customers have signed up for paperless billing through the new on-line payment system.
  • 119 5th Street is demolishing their building for a parking lot.
  • Post cards were mailed to businesses to remind them to maintain their grease traps.
  • An easement was approved for the Bea property on Long Ridge Road for the White Mills Project.

 

Motion

On a motion made by James LaPoint and seconded by George Firmstone the Board approved the early payoff of a PennVEST loan for the Honesdale Borough CSO loan transferred to the Authority.

Motion carried.

Roll Call

Mr. Theobald, Yes                   Mr. Brennan, Absent               Mr. Firmstone, Yes

Mr. Feik, Yes                           Mr. LaPoint, Yes                      Mr. Haggarty, Absent

 

Motion

On a motion made by James LaPoint and seconded by John Feik the Board approved the monthly invoices for payment as presented.

Motion carried.

Roll Call

Mr. Brennan, Absent                           Mr. Firmstone, Yes                              Mr. Feik, Yes

Mr. LaPoint, Yes                                  Mr. Haggarty, Absent                          Mr. Theobald, Yes

 

The meeting was adjourned at 7:48 p.m.

The next Board meeting is scheduled for July 27, 2020.

 

 

 

James LaPoint, Secretary

 
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