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10-3-19 Minutes

Stormwater Authority
10-3-19 Minutes


 STORMWATER AUTHORITY                                           LOWER ALLEN TOWNSHIP

 REGULAR MEETING                                                          OCTOBER 3, 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, LATSA Solicitor, and Tina Thomas, Recording Secretary, Dean Villone, and Shawn Fabian.                                     


Chairman Wilson called the October 3, 2019 Regular Meeting of the Stormwater Authority to order at 8:23 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 September 5, 2019 meeting of the Stormwater Authority. Mr. Schin seconded the motion. Motion carried 5-0.






Mr. Miner spoke about a formal appeal being filed with the Board of Commissioners by Mr. David Peiffer on behalf of the Peiffer Memorial Arboretum and Nature Preserve. A hearing is scheduled for October 14th at 6:00 pm for the presentation of his case seeking exemption from the Stormwater fee. Mr. Dennis Shatto will be representing the Township as Solicitor. Mr. Miner and Mr. Schin are recusing themselves due to serving on the Stormwater Authority. The hearing has been advertised.



Mr. Bucher presented the Statement of Revenues and Returns as of August 31, 2019. He stated there is still a 25% rate of delinquency. Mrs. Davis said there are approximately 500 residential units who will be receiving a letter of delinquency after the third quarter of billing, followed by a lien against their property. She is considering creating a postcard to send out for delinquent payments similar to that which the Sewer Authority uses. Mrs. Davis has spoken with several people who thought that the Stormwater Fee was a onetime charge.


Mr. Schin moved to approve the Treasurer’s Report and Mr. Johnson seconded it. Motion carried 5-0.


Mr. Bucher asked if the Financial Reports could be changed to a format that shows the revenue received. Mrs. Davis stated that they could be. He also requested a more detailed report of reimbursements paid out to the Township. Mrs. Davis will also provide this.



Mrs. Davis stated that no new credits or appeals were received in the past month. She spoke about dates for Stormwater Authority meetings in the upcoming year of 2020. There was discussion in the Sewer Authority meeting about beginning their meetings at 7:00 pm instead of 7:30 pm. This would allow for an earlier start for the Stormwater meetings which follow them. There will be additional discussion and possibly a vote on this next month.


Mrs. Davis presented the Stormwater Board with a copy of the Draft 2020 Budget for Lower Allen Township which includes MS4, street cleaning, and storm sewers and drains. She said the cost for the basins is shown on the budget until the grants are received. Grants are to be reimbursed at 100% of cost. The budget also includes money for televising of pipes and infrastructure, as well as money to cover water testing. Since Cedar Run and the Yellow Breeches Creeks have been deemed impaired by the DEP, testing must be done to determine the source of the contaminants. There currently are no projected revenue figures for next year.  



Mr. Schin spoke about attending the Cumberland County Municipal Advisory Board Meeting. He thanked Mrs. Davis for keeping the Township on track with the MS4 Requirements. It was clear to him that Lower Allen Township is ahead of some of the other municipalities with the Stormwater program.


The recent CAPCOG meeting was also discussed. Several other municipalities in attendance were having the same stormwater fee collection issues. The suggestion was made to form a group and start a class action lawsuit. They will reach out to Senator Regan’s office and the Governor for support. Chairman Wilson would like to see PMAA become involved. Mr. Miner stated that they have done this in the past for the Sewer Authority.


Mrs. Davis stated that she is applying for two additional grants from the National Fish and Wildlife Foundation. These are for the Sheepford East and Moreland Basins. Sheepford West and Public Works Basins are due out for bid in January.


Mrs. Davis spoke about submitting the annual report to DEP in mid-September also with the required $500 fee. A copy of the report can be found on the website but it is quite lengthy. Chairman Wilson asked her to provide an executive summary to the Stormwater Board on this large report.


Mr. Johnson commented on the possibility that the stormwater fee could be lowered if the revenue collected is above the budgeted amount.


Ms. Shuler asked if the railroad is paying their stormwater fee. She was told that they are paying. By court decision, they have to pay it in other states so it set a precedent.


Mr. Villone commented that if revenues exceed expenses in the beginning, it will then catch up in three to five years due to construction.



There being no more business, Mr. Wilson adjourned the Stormwater Authority meeting at 8:52 pm. The next meeting of the Stormwater Authority will take place on Thursday November 7th.   

Respectfully submitted,

Tina Thomas

Recording Secretary