Home Meeting Minutes FEBRUARY 22, 2021
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Meeting Minutes - Meeting Minutes

Present

Chairman Jerome Theobald; Vice-Chairman John Haggarty; Secretary James LaPoint; Treasurer John Feik; Assistant Secretary George Firmstone; Assistant Treasurer James Brennan; Tammy Jensen, Administrator; Dan Guinther, Plant Superintendent; Mary Peters, Engineer; Solicitor Anthony Magnotta

 

Attendees Via Zoom

Solicitor Magnotta

Engineer Mary Peters

Board Members George Firmstone and James LaPoint

 

Pledge of Allegiance

 

Correspondence from Phil Lather regarding his property at 1802 Elm Place Honesdale was reviewed. A reply will be sent in regards to his request to remove interest and collection charges on his account.

 

Motion

On a motion made by John Feik and seconded by John Haggarty the Board approved the meeting minutes from January 25, 2021, as presented.

Motion carried.

Roll Call

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

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

 

Solicitor’s Report

  1. 1. SBR Tank Coatings

Last month we discussed potentially notifying Titan Industrial Services and Sherwin Williams Paint Company regarding our intention to hold them responsible for future damages as a result of the lack of adhesion of the Poly-Coat 115 which was installed on the SBR tanks in 2019.  I will defer to Entech Engineering as to whether any progress has been made with respect to further communications with the manufacturer and installer of the tank coatings.

 

2.         White Mills Valve Issue

It was decided last month that we would conduct our own testing on the valves, and I will defer to Entech Engineering Inc. as to any progress with respect to that matter.

 

3. Cherry Ridge Realty/Suhosky

I have not received any update from Attorney Bugaj who represents Mr. Suhosky and Cherry Ridge Realty with respect to this matter.

 

 

4.         Keith & Mariann Gunuskey

I received correspondence dated February 19, 2021, referencing a property owned along the river by Keith and Mariann Gunuskey.  It appears that the title chains for the Gunuskey parcel and the Central Wayne Regional Authority’s parcel come from the same parent parcel of thirty-nine (39) acres originally conveyed by Katherine French to Fred D. Martin and later from Mr. Martin to the Borough of Honesdale, our predecessor in title.  The request by the Gunuskey’s is to draw up an easement agreement to establish and record a right-of-way across at the lead property over the existing drive.  Gunuskey’s would agree to indemnify the Authority use of the access, agree not to interfere in any way with the Authority’s operation, and share in any maintenance cost.  In addition, they are willing to pay for any fees or costs incurred by the Authority for attorney review of the easement.

 

I have confirmed that both parcels come out of the original thirty-nine (39) acre parcel.  In addition, in the case of Soltis v. Miller 444 Pa. 357 (1971) the leading case on easements by necessity, the Pennsylvania Supreme Court stated that it is well settled principle of law that, in the event property is conveyed and is so situated that access to it from the public highway cannot be had except by passing over the remaining land of the Grantor, then the Grantee is entitled to a right of  way by necessity over the lands of his Grantor.  In Possessky v. Diem 656 A.2d 1004 (PA Superior Court 1995), the Court found that the three (3) fundamental requirements for an easement by necessity are as follows:

 

1.   The titles to the dominant and serving at properties must have held in one person.

2.   This unity of title must have been severed by a conveyance of one of the tracks.

3.   The easement must be necessary in order for the owner of the dominant tenement to use his land with the necessity existing both at the time of the severance of title and at the time of the exercise of the easement.

Based upon the above, it is my recommendation that we reach an amicable agreement with Gunuskey to use Authority property to access his property based upon the following conditions:

1.   The access must not interfere with Authority operations.

2.   That an indemnification provision would be provided together with insurance naming the Authority as an insured as a result of any injuries or damages incurred overuse of the right-of-way.

3.   That the right-of-way be maintained, and that the maintenance cost be shared by the parties.

 

5.         Hulich Partners/Stephens Brothers Pharmacy

I have forwarded correspondence from Attorney Mark Zimmer pertaining to sewer services at 1129 Main Street.  I just received this late Friday afternoon and have been unable to confirm whether sewer service existed at the property prior to 2020 or not.

 

Board Discussion

 

  • Correspondence will be sent to Titan Industrial Services regarding the product warranties for the SBR Tank Project.
  • The White Mills Sewer Project valve issue was discussed. Correspondence will be sent to Integrity Fusion Products regarding the defective 2-inch Ball Valves.
  • A response will be sent to Attorney Mark Zimmer regarding Hulich Partners / Stephens Brothers Pharmacy’s property located at 1129 Main Street Honesdale.  Sewer service has existed at the property without disruption from the Authority. Property sewer laterals are under the ownership and control of property owners in Honesdale Borough.
  • The request for an easement from the Authority to access property owned by Keith and Mariann Gunuskey was discussed. The Board is not opposed to the easement, but the railroad must first be consulted regarding the use of the existing crossing that is licensed to the Authority.

 

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) – RUS Approved

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

(iii)  Change Order #6 – Time Extension (95 Days) – Under RUS Review

  1. Substantial: November 20, 2020, Final: December 31, 2020

(iv)  Change Order #7 – Time Extension (141 Days) – CWRA Approved

  1. Final: May 21, 2021

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

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

(i)      Job Completed to Date: $5,412,931.41 (103.49%)

(4)  Substantial Completion Certificate – November 20, 2020

  1. Payment Applications:

(a)    Payment Application #23 (Final) – Not Submitted

  1. Schedule/Meetings:

(1)  Punch List Items – Finishing Minor Items

  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

(iii)  Change Order #5 – Time Extension (Final: 122 Days) – RUS Approved

  1. Final: August 30, 2020

(iv)  Change Order #6 – Time Extension (264 Days) – CWRA Approved

  1. Final: May 21, 2021

(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: $2,676,909.94 (93.61%)

  1. Payment Applications:

(1)  Payment Application #13 (Final) – Not Submitted

  1. Schedule/Meetings:

(1)  Punch List Items – Finishing Minor Items

  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) – DEP Approved

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

(iii)  Change Order #4 – Time Extension (41 Days) –  Under DEP Review

  1. Final: September 26, 2020

(d)   Certificate of Substantial Completion – July 17, 2020 –  Submitted to PennVEST

(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: $ 901,940.38 (102.6%)

(c)    Change Order #5 – Balancing Change Order ($23,215.38) –  Submitted to PennVEST

(i)      Final Contract Amount: $901,940.38 (102.97% Over)

  1. Schedule/Meetings:

(1)  Waiting on DEP for Final Walk Through

  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) – DEP Approved

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

(iii)  Change Order #5 – Time Extension (78 Days) –  Under DEP Review

  1. Final: November 16, 2020

(iv)  Certificate of Substantial Completion – July 31, 2020 –  Submitted to PennVEST

(3)  Contract Amount: $947,749.00

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

(b)   Change Order #4 – $34,500 (Curb) – Under DEP Review

(c)    Revised Contract Amount: $988,538.36 (Based on DEP Approval)

(i)      Job Completed to Date: $1,117,685.05 (113.1%)

  1. Schedule/Meetings:

(1)  Waiting on DEP for Final Walk Through

  1. 3) 5th STREET BRIDGE REALIGNMENT
  2. Contract Information:
    1. Contractor: Pioneer Construction Company, Inc.
    2. Dates:

(1)  Notice to Proceed: August 19, 2020

(2)  Substantial Completion: November 2, 2020 (75 Days)

(3)  Final Completion: November 17, 2020 (90 Days)

  1. Contract Amount: $179,903.00
    1. Payment Applications:

(a)    Payment Application #3 – Not Submitted

  1. Schedule/Meetings:
    1. Only Pave Restoration Remaining - Spring
    2. 4) toxic reduction evaluation study
    3. Kleinfelder TRE Final Report Submitted to DEP
      1. 5) CRESTMONT SEWER MAIN PROJECT
      2. Design/ Permits
        1. Submitting Permits

DEP has begun their review of the NPDES permit for the WWTP that was submitted in December of 2018. They inquired about the TRE Report.

 

Leeward Construction has submitted invoices to the Authority for PPL Utility interruptions at Canal Mobile Home Park.  A total of five invoices were submitted.  After review by Entech Engineering’s Resident Project Manager it has been determined that the charges for two of the dates are valid based on the Project Manager’s recollection and project notes. Correspondence will be sent to Leeward Construction.

 

Plant Report

  • The monthly discharge monitoring and plant reports were reviewed. 
  • Representatives from EPA were on-site at the WWTP for an inspection.  They will provide the Authority with an inspection report in 2-3 months.
  • Some in-house cross training has been done with plant and collection system employees.

Collection System Report

  • An electrical connector was replaced at Pump Station B-1.
  • Two electrical connectors were replaced at Pump Station B-3.
  • Pump #2 was replaced at the Birch Street pump station in Cherry Ridge on February 20th.
  • Many hours were spent clearing snow.
  • The E-One grinder pump test station was assembled in the new garage.

Administration Report

  • The monthly invoices and financial reports were reviewed.
  • 47 -  60 & 90-day delinquent sewer rent letters have been sent this month totaling $10,342.08.
  • 6 liens will be filed at the Wayne County Courthouse.
  • White Mills Sewer Project – 173 grinder pumps have been activated.
  • Changes to the Authority Rules & Regulations were reviewed for Sections V and VIII and Appendix A.
  • A proposal for the 2020 Authority Audit was received from Bradly T. Murray, CPA.

Motion

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

Roll Call

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

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

 

 

Motion

On a motion made by James LaPoint and seconded by John Feik the Board approved the changes presented for Section V and VIII, and Appendix A of the Authority Rules & Regulations.  Motion carried.

Roll Call

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

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

 

Motion

On a motion made by James LaPoint and seconded by John Haggarty the Board approved a proposal from Bradly T. Murray, CPA for the 2020 Authority Audit in the amount of $9,000.00. Motion carried.

Roll Call

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

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

 

The meeting was adjourned at 7:00 p.m.

The next Board meeting is scheduled for March 22, 2021.

 

 

 

James LaPoint, Secretary

 
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