EAST PENNSBORO TOWNSHIP
BOARD OF COMMISSIONERS
REGULAR MEETING, SEPTEMBER 19, 2012
Regular Meeting 7:00 p.m.
The Regular Meeting of the East Pennsboro Township Board of Commissioners was held
on Wednesday, September 19, 2012, at 7:00 p.m. at the Community and Municipal Center, 98 S.
Enola Drive, Enola, Pennsylvania.
Those present were: Commissioners - Charley Hall, President; Scott Dardick, Vice
President; Wayne Melnick, John Kuntzelman and Amy Gish; John Pietropaoli, Township
Manager; Joseph Curcillo, Esquire, Township Solicitor; John B. Owen, Codes Enforcement
Officer; Joseph Bonarrigo, Township Engineer; Mike Dobson and Andy Kirkessner, Wastewater
Treatment Plant; Todd Bashore, Police Chief; Erik Owen, Fire Marshal; and Cheri Matter,
II. APPROVAL OF MINUTES
MOTION approving the following itemized minutes:
1. Regular Meeting - August 1, 2012
2. Special Meeting - August 15, 2012
was made by Mr. Kuntzelman, seconded by Ms. Gish, and was carried by a majority of the aye
votes, with Mr. Dardick abstaining from voting on the August 15 minutes due to absence.
III. BUSINESS FROM THE FLOOR
Ms. Cheri Matter noted that the East Pennsboro and West Creek Hills Elementary PTOs
held a race for elementary students, and from funds left over they made a donation of $2,467.50
to the parks, specifically Imagination Station. The donation will be used for new things at the
park, which turns 15 years old next year. President Hall thanked the PTOs, on behalf of the
Board of Commissioners, for their hard work and contribution.
Ms. Heidi Myers, from CET Engineering, made a presentation on the township's MS4
permit and stormwater management plan, highlighting new items this year for the MS4 program.
The MS4 program covers the storm sewer system, which is the system of conveyances, pipes
and swales, and ditches that carry stormwater through the township and discharge into the
various water bodies, creeks, and streams in the township, which ultimately discharge into the
Chesapeake Bay. Problems in stormwater management often cause a decrease in water quality
while increasing water quantity. The cause of this is development and disturbed land. Another
problem the MS4 program addresses is nonstormwater discharges to the storm system, such as
illicit discharging, dumping of oils, and illicit connections such as sanitary and industrial sewer.
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September 19, 2012
East Pennsboro is current permitted through an NPDES permit issued in January 2005.
It has been extended several times but expires March 2013, and a new permit will be required.
The township recently submitted a renewal permit application for their permit to DEP. Some of
the new permit requirements include a continuation of the existing program with some newer
requirements, such as continuing to track stormwater progress toward the written goals in the
permit and report on the Township's progress through annual reports to be submitted to DEP
every June. The permit contains six minimal control measures, the same measures in place since
2005. The first two control measures involve public education and public participation and
involvement. The township is expected to continue to implement its public outreach and public
involvement plan. The township recently received a storm grant which will help stencil more
storm sewer drains as "no dumping." Additionally, the county planning department, through
grant money they received, will create a stormwater Web site and publish all their information
that municipalities can uniformly distribute and rely on the county's documentation to help satisfy
The township must continue to screen all 380-some stormwater outfalls in the township,
which means a field visit has to be conducted once over the 5-year permit term looking for any
illicit discharges or dumping or signs of new storm flows. One of the new charges is the
township has to continue to develop a stormwater system map. The new permit requires
information on the entire collection system, every inlet, sewer, pipe, in the storm sewer system to
be updated at least once a year. Another new development is a requirement regarding
construction site stormwater runoff control, although now the township can rely on the County
Conservation District permitting program through NPDES to satisfy this control measure. They
can also rely on the County Conservation District for post-construction stormwater management
because their permitting program allows for that. The township has to enact an ordinance that
specifically addresses post-construction stormwater management runoff and encourages and
expands on the use of low-impact development or green stormwater facilities, and that any
ordinance that contradicts low-impact development practices must be repealed.
The township must maintain, as part of this post-construction stormwater management
requirement, a database of all stormwater structures installed since March of 2003 under the
NPDES program, and the database must contain all specific maintenance requirements including
what, who is responsible, and an assessment by the township as to whether or not these BMPs are
being maintained properly. Regardless of whether it is a private homeowner or homeowner
association who is responsible for conducting the maintenance, the township is responsible for
making sure it is complete. A final control measure is pollution prevention and good
housekeeping, which targets all municipally-owned facilities. The requirements focus on the
township leading by example as far as good housekeeping procedures.
DEP stresses that all procedures, logs, and reports have to be written indicating proof that
these activities are being conducted. Another requirement is annual training for township
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September 19, 2012
employees as far as pollution prevention, which can be informal, such as a presentation or written
documentation presented to all the employees. New additions to the MS4 permit include a
TMDL plan, Total Maximum Daily Load. She noted this does not apply to the township at the
moment because there are no TMDL streams, but if there were, they would have to address how
they would achieve the pollutant reductions in the TMDL.
Ms. Myers noted the township does have impaired streams, which are stream segments
that have been identified as impaired for water quality, but it does not yet have a TMDL prepared
for them. The permit requires that new discharges to these impaired segments have to be
addressed and how the township will repair the water quality. The Cumberland County
Conservation District can help with that. The township is required to, as a discharger within the
Chesapeake Bay Watershed, prepare a Chesapeake Bay pollutant reduction plan. It has to be
prepared and submitted by March of 2014, and it must address how sediment, phosphorous, and
nitrogen are being reduced or prevented from stormwater discharges. This needs to include the
collection and drainage area, including an estimate of the impervious area draining into the MS4.
An implementation schedule for milestones for implementation of the BMPs and guidance is
expected from DEP this spring. This is a DEP permit under a Federal NPDES permit.
In 2010, EPA sent an administrative order to 83 municipalities in southcentral
Pennsylvania, East Pennsboro being one of them. Out of 83, 5 were selected for onsite audits by
EPA. A training session was provided by Tri-County Planning Commission in which a
representative from Swatara Township described their onsite audit. They were initially fined
$166,500 for their violations, and were able to negotiate the fine down to $43,000. Accordingly,
resources spent for engineering and legal fees came closer to the original $166,000 fine. EPA
can require higher and stricter protocols than DEP. EPA estimates that a municipality should be
spending $50,000 a year to implement the program to the level they are specifying, although they
do not share their parameters with the municipalities.
Mr. Melnick asked about the pollutant reduction plan to reduce and prevent sediment,
phosphorous, and nitrogen discharge, how those pollutants will be eliminated once they are in
stormwater pipes, and what kind of technology exists to prevent it from accumulating. Mr.
Owen noted repairs include retrofitting of existing stormwater facilities and retrofitting a
detention basin with a rain garden facility to reduce pollutants, which are costly. There must be
complete documentation every time as to who went in, when they were there, and specific as to
time. They are trying to assign different departments to coordinate this activity, but there is no
one on board to oversee the process.
The board then heard a presentation from Bill LaDieu from CET Engineering on project
updates. The project is winding down, and well into the percentile for payments to the
contractors. The headworks has been online for two weeks and has been performing quite well,
removing a lot of rags and grit and material that previously went into the plant. That process
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September 19, 2012
will go on for a week or two. All the welding to the digester is done, they have to paint and test
it, and it should be online in two to three weeks. They have been meeting with the contractors
every other week.
Mr. Kuntzelman asked how it handled the recent rain. Mike Dobson noted they had
empty tanks that they were able to fill up with the 3 inches of rain flow. They almost have a
dumpster of rags in two weeks' time, and a significant amount of grit, which previously ended up
in the tanks and caused problems with maintenance. He noted the high flow during the heavy
rain was about 9 million gallons flow rate.
Mr. Shannon stated the other projects are going very smoothly as well. Regarding the
southwest pumping station upgrade, the general contractor is waiting for electrical to be
completed before completing his remaining work. That project is scheduled to be finished by
the end of October. Anrich and subcontractors have done a lot of work on the force main and
trunk line replacement project. All of the new force main has been installed and they are in the
process of testing it. Anrich's project from last year has been closed out on the township end.
Work on municipal building improvements is also underway.
Mr. Rob Copeland, 236 Glenn Road, addressed the board concerning traffic coming out
of The Overlook development. He noted he actively participated in the deliberations on
Overlook, and one of the clauses in the original plan was that traffic would come onto Erford
Road from the driveway at the bottom of the hill. The exit at the bottom of the hill is now
closed off to be used for construction traffic, and the residents of Overlook are making lefthand
turns at the top of the hill. He went into the development and tried to make a lefthand turn out
of the development onto Erford Road and noted the sight distance is extremely poor. Last week
he witnessed an accident at that location. He asked how the original traffic plans could be
enforced as far as traffic exiting the development from the bottom of the hill, and what redress
the township has for violations of the original plan.
Mr. Owen stated he does not believe there is a restriction of which driveway to exit. The
bottom entrance is currently a construction entrance during the second phase of construction.
Jay States, township Traffic Engineer, verified sight distance at the upper intersection and noted
the issue is with speed enforcement on Erford Road, when the traveling speed is 40 to 50 miles
an hour but the road is posted at 25. If cars are traveling at the correct speed, it meets the
requirements for sight distance for that area.
President Hall stated there is no township directive requiring traffic to exit at the bottom
of the development. Mr. Kuntzelman asked to talk to the developer to find out if they plan to
make an entrance only at the top and an exit only at the bottom. Mr. Copeland noted collateral
damage because of a deficiency of the plan will cause lawsuits.
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September 19, 2012
Mr. Jim Massey, 221 Glenn Road, complimented the board on the sign for the
Adams-Ricci Park addition. He reiterated Mr. Copeland's complaint about traffic exiting The
Overlook, and stated the car in the accident was totaled.
IV. EXECUTIVE SESSION UPDATE
President Hall noted the board had Executive Session this evening at 5:30 p.m. to 7:00
p.m. to discuss personnel issues.
V. ITEMS FOR DISCUSSION AND APPROVAL
MOTION authorizing payment of invoices and payroll pending review and signatures of
Commissioners, was made by Mr. Dardick, seconded by Ms. Gish, and was carried by a
unanimous aye vote.
MOTION to approve payment of Requisition no. 11 from the 2010B General Obligation
Bond - General to DA Kellenberger Excavating in the amount of $25,482.21 for earthwork
performed at Adams-Ricci future phase expansion, was made by Mr. Kuntzelman, seconded by
Mr. Dardick, and was carried by a unanimous aye vote. Mr. Pietropaoli noted for the record this
was to level the fields and provide for the parking area and stormwater facilities.
Mr. Pietropaoli reported a mistake last meeting in one of the approvals of a bill to H&R
Mechanical, Incorporated. The amount of the bill which was approved to be paid was much
higher than the actual payment needed. The amount stated in the motion was for $16,282.00,
when the actual payment should have been $6,173.81. The check was sent correctly, but the
motion was incorrect.
MOTION to amend the motion of September 5, 2012, to approve payment of
Requisition No. 158 from the 2010A General Obligation Bond - Sewer to H&R Mechanical, Inc.,
for work performed under Contract no. 3 of the Wastewater Treatment Plant upgrade in the
amount of $16,282.00 - payment no. 12, per recommendation of CET/GHD Engineering
Services, to reflect $6,173.81 instead of $16,282.00, was made by Mr. Kuntzelman seconded by
Mr. Dardick, and was carried by a unanimous aye vote.
MOTION to adjourn the business portion at 7:45 p.m., was made by Mr. Dardick,
seconded by Ms. Gish, and was carried by a unanimous aye vote.