WEST HANOVER TOWNSHIP WATER AND SEWER AUTHORITY
7901 JONESTOWN ROAD, HARRISBURG, PA
17112
TUESDAY, FEBRUARY 26, 2002, 7 P.M.
REGULAR MEETING
In the absence of the Chairman and Vice Chairman, Mr. Millard called the meeting to order at 7:01 p.m., followed by the Pledge of Allegiance.
Mr. Millard announced that Kenneth Deaven resigned from the Sewer Authority and that the Board of Supervisors appointed Bob Jones to fill his seat. He added that in light of that appointment, he was calling for a reorganization of the Sewer Authority.
Robert R. Jones
Stephen L. Millard
Robert Ziltz
Election of Chairman. The Authority members asked Mrs. Martin to serve as chairman pro-tem for the election of the chairman. Mrs. Martin called for nominations.
Mr. Jones moved, seconded by Mr. Ziltz, to appoint Stephen Millard as Chairman. The motion was unanimously approved.
Following the election, Mr. Millard proceeded with the reorganization of the Authority.
Election of Vice Chairman. Mr. Jones moved, seconded by Mr. Millard, to appoint Robert Ziltz as Vice Chairman. The motion was unanimously approved.
Election of Secretary/Treasurer. Mr. Ziltz moved, seconded by Mr. Millard, to appoint Robert Jones as Secretary/Treasurer. The motion was unanimously approved.
Mr. Jones said that he would take no remuneration for serving on the Authority.
Election of Assistant Secretary. By consensus, it was agreed to have Mark Salisbury continue as Assistant Secretary.
Election of Assistant Treasurer. By consensus, it was agreed to have Gail Martin continue as Assistant Treasurer.
Appointment of Solicitor. Mr. Jones moved, seconded by Mr. Ziltz, to
terminate the services of Rhoads and Sinon as solicitor for the Authority. The motion was unanimously approved.
Mr. Jones moved, seconded by Mr.
Ziltz, to appoint Jon Yost of Yost and Davidson as solicitor for the
Authority. The motion was unanimously
approved.
Appointment of Engineer. Mr. Millard said that it was his recommendation that three engineering firms, specifically CET Engineering, Glace Associates and Gannett Fleming, be evaluated to provide services to the Authority. He suggested that in the meantime CET Engineering should be retained.
A brief discussion followed and concerns were raised regarding replacing CET Engineering since there were numerous projects at varying degrees in progress. By consensus, it was agreed that the Authority should hear an update on all of the ongoing projects from Mrs. Tupper as part of the March 19, 2002 meeting and that CET Engineering should be retained for the present time.
Beth Carricato, 699 Knight Road. Mrs. Carricato encouraged the Authority members to work together to better West Hanover Township.
She also inquired as to whether or not the contract had been awarded for the Fox Mill Road project. Mrs. Tupper reported that the contract had been awarded to Aaron Enterprises and added that Follmer Construction would serve as subcontractor for the sewer lines and installation of the pump station. Mrs. Tupper also reported that she was working with Aaron Enterprises and Follmer Construction to resolve an issue as to which company would post what portion of the financial security required for the project.
Donald Steinmeier, 11 North Fairville Avenue. Mr. Steinmeier congratulated the new majority. He encouraged the Authority to seek reimbursement of the $50,000 retainer paid to Rhoads and Sinon recently.
Bill Keane, 100 North Fairville Avenue. Mr. Keane encouraged the Authority to seek reimbursement of the $50,000 retainer from Rhoads and Sinon.
December 18, 2001. Mr. Jones moved, seconded by Mr. Ziltz, to table approval of the December 18, 2001 meeting until the March 19, 2002 meeting. The motion was unanimously approved.
Operating Expenses. Mr. Millard stated that the operating expenses for February totaled $121,405.58. Mr. Jones moved, seconded by Mr. Ziltz, to approve payment of the operating expenses. The motion was unanimously approved.
Update on Fox Mill Road. In response to Mr. Jones’ question regarding the size of the sewer line that would be run under the creek, Mrs. Tupper said that it would be 1.5 inches. Mr. Jones also asked whether or not a right-of-way would have to be obtained for placement of the grinder pumping station. Mrs. Tupper said that she would research that concern and report back to the Authority.
Update on Lime Silo and Screen. Mrs. Tupper reported that contracts for both projects were awarded to A & E Enterprises. She also said that the completion date for both projects would be August 1,2002.
Rescind Motion to Retain Nauman, Smith, Shissler and Hall, LLP. Mr. Millard said that the Authority had voted at an earlier meeting to retain Nauman, Smith, Shissler and Hall, LLP to represent the Authority in the lawsuit brought by Robert Kodak. He added that the Authority also voted to indemnify its members from any liability for damages connected to the lawsuit. A retainer of $25,000 was also paid to the law firm.
Mr. Jones moved, seconded by Mr.
Ziltz, to rescind the motion retaining Nauman, Smith, Shissler and Hall,
LLP. The motion was unanimously
approved.
Mr. Jones moved, seconded by Mr.
Ziltz, to send a letter to the law firm of Nauman, Smith, Shissler and Hall,
LLP informing them that they have been taken off the case, request that reports
be submitted showing expenses incurred to date for their representation, and
request that the balance of the $25,000 retainer be returned to the
Authority. The motion was unanimously
approved.
Rescind Motion to Retain Rhoads and Sinon. Mr. Millard said that the Authority had voted at an earlier meeting to retain Rhoads and Sinon to represent the Authority in the event of a takeover by the Board of Supervisors. A retainer of $50,000 was paid to Rhoads and Sinon.
Mr. Ziltz moved, seconded by Mr. Jones, to send a letter to the law firm of Rhoads and Sinon informing them that they have been taken off the case, request that reports be submitted showing expenses incurred to date for their representation, and request that the balance of the $50,000 retainer be returned to the Authority. The motion was unanimously approved.
Kodak Litigation. Mr. Millard suggested that the Authority authorize the attorneys hired by St. Paul’s Insurance to investigate settling Mr. Kodak’s lawsuit.
Mr. Ziltz moved, seconded by Mr.
Jones, to have the attorneys hired by St. Paul’s Insurance as the attorneys of
record for the Authority for the Kodak litigation. The motion was unanimously approved.
Mr. Ziltz moved, seconded by Mr.
Jones, to direct the attorneys of record to proceed in a course of action to
resolve the Kodak matter in the most expeditious way possible. The motion was unanimously approved.
Keys for the Authority Property. Mr. Millard asked Mr. Salisbury who had keys for the Authority property. Mr. Salisbury said that Mr. Rodemoyer, Mrs. Martin, the janitorial service employees, Way’s Lawn Care, and he had access to the property.
Payment of the Pension. Mr. Millard explained that in 2000 the Authority did not reimburse the Township the total amount due to satisfy the contributions to the pension plan made on behalf of all of the eligible Authority employees.
Mr. Millard moved, seconded by Mr. Jones, to authorize reimbursement of all outstanding pension funds to the Township for 2000 and 2001. The motion was unanimously approved.
Finances. Mr. Millard asked who was currently authorized to sign checks at the Authority. Mrs. Martin responded saying that the Chairman, Vice Chairman, Secretary/Treasurer, Assistant Secretary, and Assistant Treasurer were authorized to sign checks on behalf of the Authority. She added that two signatures were required on all checks and/or transfers made on behalf of the Authority.
Mr. Ziltz moved, seconded by Mr. Jones, to have all five officers of the Authority serve as signatories on the Authority bank accounts. The motion was unanimously approved.
Mrs. Martin was directed to have the signature cards changed on the bank accounts to include Mr. Millard, Mr. Ziltz, Mr. Jones, Mr. Salisbury, and Mrs. Martin. Mrs. Martin said that she would notify the bank the following day.
A brief discussion also ensued during which a question was raised as to who should sign the checks. It was suggested that one of the Authority members and either Mr. Salisbury or Mrs. Martin could be the authorized signatories for all checks issued by the Authority. Following further discussion, it was agreed that a policy should be developed in the near future regarding whose signatures would be required for Authority transactions.
Axel Walsen, 7714 Farmdale Avenue. Mr. Walsen congratulated the new majority. He asked what would happen if neither Mr. Young nor Mrs. Zimmerman attended future meetings. Mr. Jones responded saying that the Pennsylvania Authorities Act provided for members to be removed if they did not attend three consecutive meetings.
In response to a question raised as to how or if the matter was addressed in the By-Laws, Mr. Ziltz and Mr. Jones requested a copy of the Authority’s current By-Laws. Mrs. Martin said she would provide them with a copy.
Bob Garland, 8000 Rabbit Lane. Mr. Garland pointed out that the By-Laws of the Authority provide for the Chairman to serve as the CEO of the Authority as well. He said that the Authority members should keep that in mind.
Donald Niland, 6916 Devonshire Heights Road. Mr. Niland congratulated the new majority.
Mark Salisbury, Wastewater Treatment Superintendent. Mr. Salisbury submitted a written report (a copy is attached to the Minutes).
Mr. Jones said that the Township planned to hold an Open House of all Township facilities on April 13 and suggested that the Open House should include the Authority. During a brief discussion, some concern was raised as to safety of the public being permitted to go up on top of the tanks. It was suggested that perhaps that area of the treatment plant should not be accessible to visitors. It was agreed that more discussion would be held at a future meeting regarding the open house.
A brief discussion was held relative to bringing the Authority members up to date on resolutions, etc., of the Authority. In that regard, Mrs. Martin volunteered to provide each of the Authority members with copies of the resolutions at or before the March 19 meeting. Mr. Millard asked her to proceed.
Mr. Ziltz also asked about the arrears listing. Mrs. Martin volunteered to provide the Authority members with information regarding liens, judgments, etc., relative to the arrears list. Mr. Millard asked her to proceed.
Karen Tupper, Engineer. Mr. Millard said the Authority members wanted to get an update from Mrs. Tupper on the ongoing projects at the March 19, 2002 meeting. Mrs. Tupper agreed to provide a briefing to the Authority members as part of the March meeting.
Solicitor. No solicitor was present at the meeting.
Mr. Jones moved, seconded by Mr. Ziltz, to adjourn the meeting. The motion was unanimously approved. The meeting was adjourned at 8:40 p.m.
Gail A. Martin
Recording Secretary