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9-5-19 Minutes

Stormwater Authority
9-5-19 Minutes


 STORMWATER AUTHORITY                                           LOWER ALLEN TOWNSHIP

 REGULAR MEETING                                                          SEPTEMBER 5, 2019


The following were in ATTENDANCE:



Gordon E. Wilson, Chairman                                                Rebecca Davis, MS4 Coordinator

Timothy Johnson, Vice Chairman

Lloyd Bucher, Treasurer                                                 

Alison J Shuler, Secretary

Richard Schin, Assistant Secretary


Also in attendance: Steven P. Miner, Esquire, and Tina Thomas, Recording Secretary.                                     


Chairman Wilson called the September 5, 2019 Regular Meeting of the Stormwater Authority to order at 8:05 pm. He announced that Proof of Publication was available for review. Tina Thomas completed a Roll Call of the Board members present. 



Ms. Shuler moved to approve the minutes from the August 1, 2019 meeting of the Stormwater Authority. Mr. Bucher seconded the motion. Motion carried 5-0.



Kurt Henderson, 5400 Oxford Drive, was in attendance to observe the meeting.



Mr. Miner began his report by expressing his appreciation for Ms. Trimmer sitting him for him while he was on vacation. He has spoken with Mrs. Davis about what took place in the meeting [he missed]. Mr. Miner referenced the confidential letter which he provided to the Board regarding the Shuman and Peiffer appeals. He gave the Stormwater Board the option of discussing it publicly or privately in Executive Session. Chairman Wilson asked the Board’s preference and Mr. Schin stated that he felt since it is a legal issue, it should be discussed privately. Mr. Miner said an Executive Session would be appropriate as they are seeking clarification of confidential material.



The Regular Meeting of the Stormwater Authority recessed at 8:09 pm to discuss the confidential letter provided by Steven Miner, Esquire.



The Regular Meeting of the Stormwater Authority reconvened at 8:29 pm.



Chairman Wilson suggested the board resolve the Peiffer matter first. Mr. Bucher moved to disapprove the Peiffer appeal and for Mr. Miner to notify Mr. Peiffer of the decision. Mr. Miner will also send a letter to the Board of Commissioners. Ms. Shuler seconded the motion and the motion carried 5-0. Mr. Miner noted that he and Mr. Schin would need to recuse themselves if the appeal is brought before the Board of Commissioners. Mr. Dennis Shatto from the Zoning Hearing Board would take Mr. Miner’s place.


Ms. Shuler moved to affirm that the Fee and Credit Policy of the Stormwater Authority does not need to be amended at this time to address the vacant parcel issue brought to the Authority by the Shumans. Their fee will not be exempt. Mr. Schin seconded the motion and the motion carried 5-0. Mr. Miner will notify the Shumans of the decision and also send a letter to the Board of Commissioners.  


Mr. Bucher spoke about the Township’s Statement of Revenues and Expenditures for the Stormwater Authority. The revenue collected for the year (rounded) is $787,000 and expenditures (rounded) $140,000. This lends an available revenue (rounded) of $647,000. He mentioned [the] large outstanding fees. Mr. Bucher moved to accept the Treasurer’s report and Mr. Johnson seconded the motion. Motion carried 5-0.



Mrs. Davis stated that two additional credit applications have been received. Both properties have existing BMP’s and were granted credits. This is not retroactive to the start of the stormwater fee. Mr. Bucher asked about the homes at Liberty Cove and Mrs. Davis said that all twelve of the homes built there have infiltration trenches.



Ms. Shuler asked about any progress filing against PennDOT, the Turnpike, and the Prison for failure to pay. She asked about a meeting that the Township Manager will be attending with Managers from other municipalities to discuss stormwater billing issues. Mrs. Davis replied that it is called CAPCOG, or Capital Area Council Of Governments, and it will be held at Lower Allen Township in a couple of weeks. Chairman Wilson asked Mr. Miner about the Prison. Mr. Miner said he has told them it is not a tax but it will take litigation to get them to pay. He hopes that other municipalities will share the cost. He has responded to letters from the Turnpike and the Prison. Chairman Wilson asked if the Stormwater Authority belongs to PMAA, the Pennsylvania Municipal Authority Association. Mrs. Davis stated that we do but not very many Stormwater Authorities are part of PMAA.



There being no more business, Mr. Wilson adjourned the Stormwater Authority meeting at 8:46 pm. The next meeting of the Stormwater Authority will take place on Thursday October 3rd.

Respectfully submitted,

Tina Thomas

Recording Secretary