Minutes of the Special Meeting of the Board of Supervisors

March 3, 2009, 7:30 p.m.

Present: Stephen R. Conary; Georgia F. Brutscher; Lauressa J. McNemar, P.E.; Scott Towler, Artesian; Craig Kologie, AICP, Castle Valley Consultants; Ross Unruh, Solicitor, Pocopson Township; Residents of Riverside at Chadds Ford: Lauren MacMurray, Michael Laurelli, Tom Nyheim.

1. Call to Order: Conary called the meeting to order at 7:30 p.m.

2. Welcome and Introductions: Welcome comments by Conary. Following introductions, he announced the purpose of the meeting to provide updates on the Wastewater Treatment Facility (system) as previously discussed.

3. Updates:

a) Riverside Wastewater System Operation – Kologie provided an aerial display of the system that includes, as part of the long-term plan, additional site connections for off-site users such as Simon Pearce, Lenape Forge, Lenape Village Shoppes, and properties along Pocopson Road. There are currently 110 units in Riverside connected. When build-out is complete, there will be 150 units, a clubhouse, and a daycare center. He reviewed the Township Sewer Service Area Boundary pointing out that Pocopson Elementary School is not included as a connection at this time. Conary remarked that the Township met with School District Officials regarding the declining nitrogen outflow from the School wastewater treatment facility, and that the Township supports their application for a revised permit.

Kologie reviewed the elements of the lagoon irrigation system noting Department of Environmental Protection (DEP) approval for the only operating spray field at this time. Two additional spray fields were constructed last fall and are scheduled for testing at the end of April to demonstrate that they work. He explained the operation of the system noting that a majority of the irrigation takes place during summer months with limited irrigation during winter months. Kologie mentioned a number of similar wastewater facilities in the area stating it is a common system that is viewed as environmentally suitable due to the treatment process and recharging of groundwater.

b) System Costs – Conary reviewed the current $85.00 per month rate structure which has not changed since the meeting held in May 2008 and adopted by Resolution May 27, 2008. He commented that $5.00 per month is allocated for stormwater management (SWM) which may become a higher priority due to state and federal regulations. Residents in attendance suggested the Township contract with Artesian in order to oversee such SWM responsibilities as cleaning the inlets. Conary reviewed a System Operating and Maintenance Financial Summary for the period May 2008 through November 2008 noting that revenue is covering known expenses. However, he cautioned that unknown expense factors include (1) utility costs for the auto dialer for the control station; (2) cost of electricity when the facility is operating at full capacity (180 users versus 110 users at this time); (3) lab costs for the monitoring wells; and (4) monthly fee for sewer billing services charged by Artesian. Additionally, the operating budget does not include a contingency for users who are either slow pay or no pay. He reported that in January 2009 the Township Secretary telephoned unpaid account holders to inquire as to status of monthly payment. Towler commented that Artesian plans to set up an auto-bill pay system in the near future. Unruh noted that the off-site users understand the considerable expense to install infrastructure to connect to the system. Just the same, it is in their best interest to obtain easements and complete the connection, which in turn may affect the monthly user fee. Conary clarified that Toll is bearing the costs for the system until dedication and turnover to the Township. The Township is not prepared to accept an offer of dedication until completion of the spray fields, and all system components. Conary remarked that the Board approved requesting proposals for an owner/operator for the facility.

4. Discussion and Questions: A detailed document titled “Riverside Wastewater System Q&A, March 2009” was distributed and reviewed by attendees. The following is an additional question and answer exchange –

Q. Residents are concerned and want to know about the effluent entering the system from commercial users such as Brandywine Hardware and Lenape Forge.

A. Board confirmed that effluent from Lenape Forge will be limited to domestic waste from the office facilities and will not include industrial waste. Lenape Forge has a DEP permit for industrial discharge that includes inspections and sampling. The Board confirmed that monitoring provisions will be included in the connection agreements with commercial users. Additionally, Township Ordinance sets forth provisions for unlawful discharge of chemical waste into a sewage system or facility. Routine monitoring and inspection of the physical piping will be required by the Township to confirm that only domestic sewage is entering the system. Towler offered that Artesian looks for changes in the monitored biology of the system in order to pinpoint the introduction of chemical or industrial waste. The operator of the system reviews biological data on a daily basis.

Q. When will the system reach full capacity?

A. Many factors preclude identifying a date for full capacity. The system is designed to handle 45,150 gallons per day or 250 gallons per day per unit. As of January 2009, the flow rate was 16,000 gallons or 121 gallons per day per dwelling unit. By example, Conary noted that a connection by Simon Pearce would be the equivalent of 12 dwelling units and Lenape Village Shoppes 6 dwelling units.

Q. Must off-site users meet certain criteria for connecting to the system?

A. Off-site users are those as identified on the Sewer Service Area Map 2 in accordance with Township Code. Conary noted that Lenape Village Shoppes will be required to install a grease trap designed to intercept grease and fat before it enters the system. In addition, certain easements will be required; by example, Simon Pearce must obtain a right-of-way from the railroad to complete the sewer connection.

Q. Will the monthly sewer rate be reduced when the system is at full capacity?

A. Insufficient data is available as of this date to confirm that the rate will be reduced based on the number of connections. Furthermore, transferring operations to a public utility company owner/operator might also have an effect on the monthly rate.

Q. Is there a requirement for spray fields to be a set distance from property lines?

A. Kologie responded that a wooded buffer is required to satisfy the DEP 50-foot setback from a property line and the minimum setback for an open field is 100 feet. Basically, the DEP must make a determination if the current setbacks at Riverside meet DEP guidelines. Towler added that during the summer months it is important for residents and pets to stay out of the spray fields.

5. Closing: Towler commented that Artesian is finding household grease accumulating in the collection system. Unfortunately, the grease acts much like plaque build-up in an artery so it is imperative to clean it out. Artesian will send reminders about disposal of grease and the residents in attendance will include reminders in homeowner association announcements to further educate the community-at-large. Closing comments included general discussion regarding dedication of the roadbeds and construction of the daycare center.

6. Adjournment: At 8:40 p.m. Conary moved to adjourn the meeting; Brutscher seconded.

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Susan E. Simone, Administrative Secretary Stephen R. Conary, Chair