WEST MIFFLIN SANITARY SEWER MUNICIPAL AUTHORITY

WEDNESDAY, DECEMBER 1, 1999

REGULAR BOARD MEETING

MINUTES

Roberta Chonko, Donald Trimbath, Michael Price, Donna Diener

ALSO PRESENT

Ron Hess, Ken Frick, Ira Weiss, Esq., Isobel Storch, Esq., Engineer Brian Farmer

A quorum was established with the majority of the Members of the Board present and the meeting commenced at 7:00 PM.

1. Reception of visitors:

Richard O'Dato was present and requested to speak to the Board of Directors. Permission was given for him to address the Board for three minutes. See attached sheets for discussion.

2. On motion (Price/Diener) approved the minutes from the November 3, 1999, regular Board of Directors meeting.

3. On motion (Trimbath/Diener) approved Treasurer's Report for October, 1999.

4. On motion (Trimbath/Price) approved November 1999 bills.

5. On motion (Diener/Trimbath) approved Requisition # 11 in the amount of $593,854.63 as drawdown against Consent Order, Bond Series 1998, by National City Trustee, Pittsburgh, Pennsylvania.

6. Report of Solicitor:

On motion (Diener/Trimbath) approved payment of $600 to Joseph and Rose Isabella of 419 Dennison Drive in exchange for a final release to all claims.

On motion (Trimbath/Price) approved Resolution 48-99-1 amending the Pretreatment Resolution and imposing a $75.00 non-refundable application fee.

7. Report of the Engineer:

On motion (Trimbath/Diener) approved change order #1 for David W. Jones, Electrical Contracting, PO Box 146, Charleroi, Pennsylvania 15022, in the amount of $5,405.00 for revisions to the location of the blowers and items proposed to improve operations at the New England Sewage Treatment Plant.

On motion (Trimbath/Diener) approved change order #2 for Magnum Mechanical Contractors, Inc., 1247 Keenan Hill Road, Monogahela, Pennsylvania 15063, in the amount of $2,056.00 for changing three valve body designs at the Kenmore Sewage Treatment Plant.

8. Report of General Manager:

Report attached to minutes

On motion (Trimbath/Diener) approved hiring Gino Marino as a Full-time Laborer beginning January 3, 2000.

There was a break-in at the Kenmore Sewage Treatment Plant. It was discovered by Kennywood Security about 3:00 AM Saturday. There was about $20,000 worth of Contractors' Equipment stolen. Police are working to solve this case.

9. Old Business

No old business.

10. New Business

11. Motion to adjourn (Trimbath/Price) at 6:45 PM

Respectfully submitted:

Michael Price, Jr., Secretary
VISITORS:

Mr. O'Dato: "I built Andover Court Townhouses 19 - 20 years ago on Curry Hollow Road. At that time West Mifflin Borough drew up a contract with me and them, I had a partner then, and in the contract they had something called the 'Instant Plan'. I guess you are familiar with that. It says you pay $300 for each unit, I paid $9,000 for 30 units, they say [in the contract] I would never again have to pay sewage fees. But, the tenants have been getting billed. I have 8 units now, I have sold 22 units and still have 8 left. They have been complaining because when they moved in I told them that they didn't have to pay sewage. But they have been getting bills. I would like to know if the solicitor can help me out? Are you familiar with it?"

Ira Weiss, Esq.: "I am not familiar with the contract you are speaking of, we've had other individuals who have discussed similar arrangements. This is the first one I have heard of that there is a multiple unit situation, and where the property has not been sold.

You are saying you have a contract where you paid $300 a unit, and you would not thereafter pay any sewage charges?"

Mr. O'Dato: "Right. They called it an 'Instant Plan.' I'll give you a copy of the contract.

Ira Weiss, Esq.: "What I would like to propose... (receives contract)"

Mr. O'Dato: "For example there are two units in particular where tenants moved out and did not pay sewage and now there is a lein on the property. $700 on one and $400 on the other. It bothers me. Either give my $9,000 back or scratch all the billings."

Ira Weiss, Esq.: "What I would like to propose is because this is the first time I have seen this, I don't . . . Do you know who was Solicitor at the time for the Borough?"

Mr. O'Dato: "Fetzko, I think"

Ira Weiss, Esq.: "What I would like to do is review this, contact him for any input he can give me, then I can get bact to you directly if you like."

Mr. O'Dato: "I wrote to the Borough a few years ago and they never responded."

Ira Weiss, Esq.: "Well, I will respond to you. I'll respond in a week or so and let you know what the position of the Authority is on it and we can discuss it."

Mr. O'Dato: "OK, thanks for your time."

Ms Chonko: "The next time you want on the agenda, please call Mr. Hess with the reason and he will be happy to put you on."

Mr. Price: "The reason behind that, Sir, is so he can prepare to answer any and all questions you may have."