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11-1-18 Minutes

Stormwater Authority
11-1-18 Minutes


 STORMWATER AUTHORITY                                           LOWER ALLEN TOWNSHIP

REGULAR MEETING                                                          NOVEMBER 1, 2018


The following were in ATTENDANCE:


Gordon E. Wilson, Chairman                                                 Rebecca Davis, MS4 Coordinator

Timothy Johnson, Vice Chairman                                          Dan Flint, Township Engineer          

Lloyd Bucher, Treasurer                                                         Steven P. Miner, Solicitor

Alison J Shuler, Secretary                                                      Tina Thomas, Recording Secretary

Richard Schin, Assistant Secretary                                         

Chairman Wilson called the November 1, 2018 Regular Meeting of the Stormwater Authority to order at 8:40 pm. He announced that Proof of Publication was available for review. Tina Thomas completed a Roll Call of the Board members present.

Chairman Wilson invited Vice Chairman Johnson to speak about his background and schooling as he is new to the organization. Mr. Johnson is a graduate of Cedar Cliff High School and Penn State University with a degree in Civil Engineering and Geography. He was previously employed by PennDOT and now works for KCI Technology in Mechanicsburg.


Mr. Bucher moved to approve the minutes, with corrections, from the October 4th meeting of the Stormwater Authority. Ms. Shuler seconded the motion. Motion carried 5-0.


Chairman Wilson requested a motion to establish the hourly rate for the Stormwater Authority Solicitor’s services at $175. He requested the rate be effective from October 4, 2018 until the end of the 2018 calendar year. Ms. Shuler questioned if the Stormwater Board (LATSA) should be approving the rate since the Solicitor is paid by the Township and would then be reimbursed by LATSA once it is financially solvent. Mr. Miner stated that the Township has already approved his rate. His rate for next year is included in the budget and will become effective when the 2019 budget is passed. Ms. Shuler moved to approve this motion and Mr. Schin seconded it. Motion carried 5-0.

Ms. Shuler moved to approve Mr. Miner’s rate for 2019 as $200 per hour, contingent upon corresponding Township approval. Mr. Bucher seconded the motion and the motion carried 5-0.


Ordinance 2018-10:  This Ordinance establishes the relationship between the Stormwater Authority and Lower Allen Township. It was passed by the Board of Commissioners on October 22, 2018.

Agreement: Mr. Miner shared the agreement he created which outlines the services that the Stormwater Authority will perform for the Township. Discussion ensued regarding the agreement. The document states that the facilities remain Lower Allen Township’s property and the Stormwater Authority is responsible for fee collection for the Township. Mrs. Davis, the MS4 Coordinator, is borrowed from the Township where she is a full-time employee and at this point she is not reimbursed by the Stormwater Authority. The Township may request reimbursement eventually. Mr. Schin moved to approve this agreement and Ms. Shuler seconded the motion. Motion carried 5-0. This will be presented by Solicitor Miner to the Board of Commissioners.

Lower Allen Township Stormwater Authority Resolution 2018-A-01: Mr. Miner stated that this resolution is modeled after the Sewer Authority. The purpose of this resolution is to enact the rate at $19 per equivalent residential unit, or ERU, to be billed quarterly. There is a returned check charge included as well as Solicitor fees and it is effective April 1, 2019. Included in the resolution there is a section on Enforcement which gives the Stormwater Authority the ability to collect fees and file claims and liens when fees are not paid. Ms. Shuler asked if leaf collection and street sweeping, which are already being paid for by the Township, are included in the new $19 fee. Mrs. Davis stated that leaf collection is not included but street sweeping is. Mr. Flint added that in the past, the street sweeping has been done on an as needed basis when the Township was able to do it. This is now part of the MS4 permit requirement and must be performed regularly. Mr. Schin moved to approve this resolution and Mr. Johnson seconded the motion. Motion carried 5-0.


Credit Policy and Appeals Process Manual:

Mrs. Davis presented a draft of the Credit Policy and Appeals Process Manual for discussion by the Authority. Now that a fee is in place, a process for property owners to obtain credits, learn what it eligible for a credit, or to file an appeal is necessary. She expressed the hope that this manual can be approved in December. Mrs. Davis stated that Township staff will review the credit applications. The Stormwater Board and Mr. Miner feel that the appeals should go to the LATSA Board and not the Board of Commissioners.  Mr. Wilson stated that the Stormwater Board should be run the same way as the Sewer Authority is run. Mr. Flint stated that the Stormwater Authority is not an operating authority. The Stormwater Authority would prefer that the customers see Mrs. Davis or an appropriate LAT staff member first if they have questions and then she/he would provide a recommendation to the Authority. The Stormwater Authority should then approve or disapprove the request. If the customer is not satisfied with the decision, the next step would be an appeal to the Board of Commissioners.

Mr. Wilson expressed the opinion that LATSA should control the Credit process. Without doing this, LATSA would have no financial control. He also offered the thought that the Township staff should be the primary point of contact for credit issues. The Township staff, in effect, would be the LATSA staff on Stormwater issues. Doing this would mean keeping the LATSA Board informed and bringing forth issues that require a decision.

Mr. Johnson asked about how the maximum credit amount was set at 50%. This maximum was determined by the Arcadis study and is based on the fact that there will still be some runoff from every property even if a good amount is captured. Resident Sarah Cordek, 1607 Letchworth Road, Camp Hill, was present at tonight’s meeting. She was also interested in hearing about how the property runoff and credit amounts were connected. Ms. Shuler inquired about the existence of a list of BMP’s and Mrs. Davis stated she has one. The Board will reconsider this manual at the December Stormwater Authority meeting.

2019 Budgets for MS4, Street Cleaning, and Storm Sewers and Drains:

Mrs. Davis provided the Stormwater Authority with 3 draft budgets for MS4, street cleaning, and storm sewers and drains. These budgets will go to the Board of Commissioners for approval. Ms. Shuler wondered how the amounts have been budgeted were determined.  Mr. Flint stated that these figures are based on historical data from past years where this activity was performed by the Township Public Works Department. Legal fees have been budgeted in for potential appeals.

PA DEP Grants:

Mrs. Davis spoke about two grants that we have received from the Department of Environmental Protection for Bioretention retrofits. One is for the basin at the Public Works Facility for $60,536. The other one is for the large basin at the intersection of Sheepford Road and Lisburn Road for $122,358.


Chairman Wilson spoke about how the sewer bills have an autopay option. He wondered if it would be possible for the Stormwater fees to also be collected in this manner. Mr. Flint stated that he will check with the Lower Allen Township Finance department. Chairman Wilson also asked what the accuracy of the billable base is for the assessed Stormwater fee. Mr. Flint stated that the database from the County was used which includes every tax parcel in the Township. Lower Allen staff are in the process of merging that with the existing Township database.


There being no more business, Mr. Wilson adjourned the Stormwater Authority meeting at 9:53pm.

Respectfully submitted,

Tina Thomas

Recording Secretary