CHADDS FORD TOWNSHIP SEWER AUTHORITY
MINUTES
December 18, 2007
The 218th meeting of the Chadds Ford Township Sewer Authority was held on this date in the Chadds Ford Township building.
Present: Chairman Vincent Del Rossi, Treasurer Keith C. Klaver, Member at Large Paul Koch; Secretary Marc Altman participated during the meeting via telephone.
Not Attending: Vice President Anthony J. Cutrona
Also attending were J. Michael Sheridan, Solicitor; John E. Spitko, Jr., PE, Authority Engineer; and Joseph DiMatteo, Delcora Remote Systems Foreman, and Mary Walter, asst. secretary/asst. treasurer.
Chairman Del Rossi called the meeting to order at 7:10 p.m.
ANNOUNCEMENTS
1. Officials from the CFTSA, DELCORA, and the Township Board of Supervisors met on 12/14/2007 to consider a response to the DEP draft consent order. Mr. DiMatteo, Mr. Sheridan, and Mr. David Linehan of Yerkes Associates will draft the response.
2. The Board met in Executive Session prior to the 12/18/2007 meeting to discuss personnel matters.
MINUTES:
The minutes of the November 17, 2007 meeting were approved on a motion by Mr. Koch and a second by Mr. Klaver.
Theodore Mennicke of 100 Ridings Blvd. asked when the minutes from the meetings are posted on the Chadds Ford Township website. Ms. Walter stated that the minutes from the previous month’s meeting are posted after the Board approves them. Mr. Klaver noted that all minutes are available for inspection in the CFTSA office.
DELCORA REPORT:
Mr. DiMatteo reviewed his written report for the month of November.
1. The plant is treating a consistent amount of wastewater. One violation was reported in total suspended solids.
2. There are continuing concerns with the sand filter. Sand is being lost at the top end of the filter even though the parameters at which the plant is operating are consistent. The sand has been replaced.
3. The use of aluminum sulfate continues to positively affect the thickening of sludge. Mr. Klaver noted that the cost benefit from the use of the aluminum sulfate has been positive because sludge has not had to be removed from the plant as frequently as previously. Mr. DiMatteo noted that prior to the December hauling, sludge has not been hauled since early September. As well, the aluminum sulfate is resulting in a phosphorus measurement that already is below the parameter that will be required in the 3rd year of the new permit.
4. Mr. DiMatteo is awaiting estimates for building an 18’x5’ shed or lean-to to be attached to the building to store the aluminum sulfate so it does not freeze. No permits are required for the shed. On a motion from Mr. Klaver and Mr. Koch, the Board approved the spending up to $5000.00 for the installation of the shed with a pad. Delcora will complete the electrical installation for the shed.
5. Chemical use has decreased due to a concurrent decrease in air temperature.
6. Mr. DiMatteo noted that the stream was cleaned today 12/18/2007. The cleaning was done in response to a citizen concern regarding “brown bubbles” at the outfall. No solids were observed; however, the stream was cleaned.
Mr. Mennicke asked questions regarding TSS calculations and what will be stored in the shed.
7. The Woodland pump station experienced a power outage Thanksgiving night. The backup generator ran and used about 115 gallons of diesel fuel.
8. The telephone call monitoring process determined that an outside contractor switched the Woodland Pump Station autodialer to the wrong telephone line. The autodialer was calling the Ridings plant instead of the SCADA system.
9. In response to a resident concern, Delcora inspected a manhole on Raven Drive for odor issues. The recommendation is to insert a charcoal filter in-line if there is clearance for the filter. It was noted that a vent is missing on a neighboring property’s cleanout, and the odor may be exacerbated because of the missing vent. A letter will be sent to the neighbor asking that the cap be replaced.
10. On a motion by Mr. Del Rossi and a second by Mr. Klaver, the Board approved the installation of the disc filter by Delcora for $8760.00.
ENGINEER’S REPORT:
Mr. Spitko reviewed his written report.
1. Annual inspections were completed at the Brandywine River Hotel, Knights Bridge, and Springhill Farm wastewater treatment plants. The reports are ready for distribution. No major problems were noted. The Knights Bridge plant has made significant progress in controlling grease issues over the past year due to better maintenance of grease traps by restaurants. Knights Bridge has plans to expand its plant and have the permit revised to reflect 90,000 gallons per day. The Pantos Plant was not made available for inspection. A letter has been sent to the owner regarding re-inspection and re-inspection fees.
2. Mr. Spitko reviewed the design plans for the Painters Crossing pumping station. In general, the hydraulics and design plan concepts are as expected. Mr. Spitko noted that the pipe that the pump station will pump into is designed as a pressure main, yet the flows move by gravity for at least 1000 feet downhill from Painters Crossing. There are “stubs” for future connections on that pipe. Mr. Klaver noted that there are preliminary plans for businesses east of the Painters Crossing to tie in to that pipe. Mr. Spitko pointed out that if the additional connections are made, the pipe might start to operate as a pressure main, as it is designed. If that happens, there is a possibility that the flow rates from the Painters Crossing pumping station may be reduced. Mr. Spitko said Toll Brothers paid for the design and construction. The Board requested that Mr. Spitko send this information to Township Code Enforcement Officer Richard Jensen and to Garry Paul, Board of Supervisors liaison to the Sewer Authority.
3. Mr. Del Rossi noted that the gate to the pump station at the Estates at Chadds Ford is unsecured. He asked that Mr. Spitko add that concern to the punch list.
SOLICITOR’S REPORT:
1. Mr. Sheridan attended a bankruptcy hearing for RD0015. The Authority’s lien is protected and will be satisfied when the property is sold.
2. Mr. Sheridan has received the final documents for the Painters Crossing loan agreement.
3. Mr. Sheridan drafted a letter to be sent to Ridings property owners who may need to retire their property’s septic systems. He has received the Board’s comments and will revise the letter.
4. No response has been received from the owner of HR0028 re the estate issue.
TREASURER’S REPORT:
4. On a motion from Mr. Klaver and a second from Mr. Del Rossi, the Treasurer’s report was accepted and payment was authorized for: $11,632.01 for monthly bills; $1,807.63 for ACH; $1475.00 for November payroll; $205.33 for QuickBooks expenses; and $346.07 for debit card purchases.
OLD BUSINESS:
1. The Board continued its discussion from last month regarding a two-tier rate structure for non-residential users. Mr. Sheridan had revised the resolution based on comments noted at the November meeting. Mr. Klaver moved and Mr. Altman seconded a motion to accept the resolution as written. The motion was defeated 1-3. Both Mr. Del Rossi and Mr. Koch noted that although they voted not to approve the resolution, they believe that the concept of a two-tier structure is a sound one. Mr. Koch suggested that the Board revisit the two-tier structure concept in six months when water use data and CFTSA operations data for Turners Mill will be able to be compared against the Authority’s recouping of costs. Mr. Del Rossi indicated adverse financial consequences as his primary concern. Mr. Klaver further suggested that a full rate review should be considered after a full year of operations of the Turners Mill plant. The rate review might consider a two-tier approach.
2. Mr. Spitko reported on his further review of the Delcora proposal for the operations and maintenance contract for the Turners Mill facility. The proposal does include insurance coverage information and will provide pollution legal liability insurance as well. Mr. Spitko noted that Delcora “goes about as far as possible” regarding indemnification terms in their proposal; Dutchland “will not be held liable under many circumstances.”
Mr. Sheridan noted that he was satisfied with the liability language in the Delcora proposal. However, he was concerned with the provision that requires the Authority to obtain adequate property insurance and to name the operator as an additional
insured with a “waiver of subrogation.” Mr. Sheridan believes the Authority does not have the legal standing to waive subrogation; only the Authority’s insurance carrier could do so.
Mr. Spitko also addressed the issue of negligence and the assumption of DEP and/or EPA fines “when caused by direct error or negligence” per the Dutchland proposal. He noted that Pennsylvania operator certification regulations do not require there be negligence by the operator proven in order for there to be a fine. Mr. Sheridan noted that 1) if the Authority is sued, the indemnification means that if payment is made, the operator is responsible for payment; and 2) the operator has a “duty to defend” the Authority, including the payment of legal fees. The Authority’s insurance policy carrier would be involved and paying legal fees; the operator would not be paying out-of-pocket. Mr. Sheridan recommended that any contract that is approved should be conditional upon the waiver of subrogation being eliminated and the “duty to defend” being included.
On a motion from Mr. Klaver and a second by Mr. Del Rossi, the Authority accepted the Delcora proposal to provide services for the Turners Mill Wastewater Treatment Plant subject upon a review of the final contract in its totality by the Solicitor and his satisfaction with the terms of the contract.
3. Mr. Del Rossi reported that 30-day letters were sent to four Ridings plant users who are at least four quarters behind requesting payment by year’s end. Liens will be placed if payments are not received. As an aside, Mr. Sheridan noted that confirmation was received that three property owners received sheriff’s notice have not responded; the next step would be execution of sheriff’s sale proceedings.
NEW BUSINESS:
1. Mr. Del Rossi was notified that he would receive the insurance renewal for the next year from the agent in the next several days. Mr. Klaver believes that the Authority should request proposals to determine if the current policy is competitive with other underwriters. Mr. Del Rossi also noted that different coverages expire at different times; he would like to consolidate all to one consistent date.
2. The proposals for CFTSA engineer have been received. The appointment will be made at the January 2008 meeting.
3. Mr. Del Rossi moved and Mr. Koch seconded that the Authority appoint Yerkes and Associates to prepare the Water Quality Management Part 2 permit to DEP for the screening and equalization. The Board would like the permit completed before the meeting with the DEP in January.
PUBLIC COMMENT:
ADJOURNMENT
The meeting was adjourned at 8:52 p.m. on a motion by Mr. DelRossi and a second by Mr. Koch.
Respectfully submitted,
Mary J. Walter, asst. secretary/asst. treasurer