Stormwater Authority
6-4-2020 Minutes
MINUTES
STORMWATER AUTHORITY LOWER ALLEN TOWNSHIP
REGULAR MEETING JUNE 4, 2020
The following were in ATTENDANCE:
STORMWATER AUTHORITY BOARD TOWNSHIP PERSONNEL
Gordon E. Wilson, Chairman Rebecca Davis, Stormwater Program Manager
Timothy Johnson, Vice Chairman Richard Grove, Finance Director
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
Chairman Wilson called the June 4, 2020 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. Chairman Wilson thanked the Township for the flowers and card he received.
MEETING MINUTES
Mrs. Shuler moved to approve the minutes from the March 5, 2020 meeting of the Stormwater Authority. Mr. Bucher seconded the motion. Motion carried 4-0.
Mr. Wilson stated that he abstained from voting since he was not at the March meeting.
AUDIENCE PARTICIPATION
None.
SOLICITOR’S REPORT
Peiffer Memorial Arboretum Update
Mr. Miner spoke about his brief, which he provided to the Stormwater Authority, being filed with the court regarding the Peiffer Memorial Arboretum. He received the brief from Mr. Peiffer’s legal team on March 13th, as they waited until the deadline. Mr. Miner is hoping for a favorable result. Due to the courts being closed for the Covid-19 shutdown, everything is backed up and he is not sure when the judge will make a decision. He said that the rebuttal brief echoed what was filed originally.
Resolution 2020-A-02
Mr. Miner also spoke about Resolution 2020-A-02, the second quarter penalty waiver for the Stormwater Authority. This resolution keeps the Township Authorities in line with Cumberland County’s decision to waive late fees for the second quarter. He said this was also done by the Lower Allen Sewer Authority.
Mrs. Shuler moved to approve Resolution 2020-A-02 and Mr. Schin seconded the motion. Motion carried 5-0.
TREASURER’S REPORT
LATSA Financial Report
Mr. Bucher provided the Treasurer’s report. He said that the current revenue is at $403,287.67, with an expenditure of $82.49. Mr. Bucher said there is a request from the Township for $283,567.00 in reimbursement. He mentioned that on the reconciliation, $1,108 is shown as being owed to the Stormwater Authority. The audit report shows the Township as owing $86,939 to the Stormwater Authority. Mr. Grove will look into where the number came from and let the Board know.
Mr. Bucher moved to approve the Treasurer’s Report and Mr. Johnson seconded the motion. Motion carried 5-0.
Request for Reimbursement to the Township
Mr. Bucher moved to reimburse Lower Allen Township with the transfer of $283,567.00 from LATSA funds to the General Fund. Mr. Johnson seconded the motion. Mr. Schin pointed out that the reimbursement check should have been included as part of the financial report. The motion carried 5-0. Mr. Bucher asked where Mrs. Davis’s salary appears in the financial report. Mr. Grove responded that it is in the General Fund under the Stormwater section and then is transferred over.
STORMWATER AUTHORITY AUDIT
Mrs. Davis said that the audit had been completed and that Mr. Grove was on hand to answer any questions concerning the audit. Mr. Grove explained that he looks for a clean audit opinion which means that the auditors consider it to be accurate. The Stormwater Authority audit was a clean audit. He said last year was mainly an accumulation of assets to go toward projects this year. Mr. Schin questioned a line in the audit which refers to sewer accounts. This was identified as a mistake in the document which should have been stormwater.
STORMWATER PROGRAM MANAGER REPORT
Credit and Appeals Summary
Mrs. Davis stated that no new credit applications have come in but two appeals came in from Verizon Wireless. The appeals were granted as the cell towers exist on the top[s] of buildings.
Basin Bid Drawings Contract
Mrs. Davis spoke about being given permission by the LATSA Board at the previous meeting to seek proposals for drawings of two basins for up to $8,000. These would be used to try to obtain a grant from the National Fish and Wildlife Foundation (NFWF). She reported that Rettew Associates created the drawings which were submitted to NFWF for $5,750.00. The two basin retrofit projects would be for Sheepford East and the United Methodist Home for Children. Mrs. Davis hopes to receive grant money for these two projects. Chairman Wilson asked if Township staff reviews the bids. Mrs. Davis said that this isn’t a bid but she and Mr. Flint have reviewed the drawings.
LATSA Collections
Mrs. Davis explained that since a year of billing has been completed, notice of delinquency can now be applied to accounts that have not paid in four quarters. As per the Resolution, accounts that are delinquent in the fourth quarter can be sent a letter of delinquency. Following this, in fifteen days, liens can be placed against the properties that do not respond to the letter. Mrs. Davis said that there are 163 accounts that are delinquent, with the majority being residential. In dollar amount this equates to $325,644.49. With $304,000.00 owed by the PA Turnpike, PennDOT and SCIC removed, it amounts to $21,644.49. She requested input from the Board for moving forward. Mr. Miner advised that since there is a procedure, moving forward with the liens is appropriate. This guarantees that the money will be paid in the event of a property sale; otherwise there is no public record. Mrs. Davis said that she will work with Mr. Miner to prepare letters of delinquency. Mr. Miner mentioned that a lien cannot be placed on the state. He also said that there is a chance that the state will agree to pay the fee but take it out of the Township’s share of liquid fuels money. Chairman Wilson spoke about being in favor of suing SCIC for the stormwater fee. Mr. Miner said that the Board of Claims is the starting point for unpaid bills and that is a state agency. He will look into whether he can sue in Common Pleas Court instead of starting with the Board of Claims.
Public Works/Sheepford Basin Award Results
Mrs. Davis spoke about bids received by the Board of Commissioners for two detention basins; Public Works and Sheepford East. She said the project was awarded to SMC out of Hunt Valley, Maryland, for $136,395.69. She said when a bid bond and insurance information ha[s]ve been received, the construction meeting can take place. Mr. Miner added that he anticipates a potential bid protest from Malco Landscape, Inc. Both bids were received on time, but the bid from Malco was opened on May 11th and the other bid opened on May 26th, due to an administrative error. Mrs. Shuler asked why the bids [a]were opened and decided by the Board of Commissioners instead of the Stormwater Authority. Mrs. Davis said that the Commissioners approve the projects and the Stormwater Authority approves the transfer of funds to cover them. Mrs. Davis will speak to Mr. Grove and Mr. Vernau about the Stormwater Authority opening and approving bids since there are eight more projects to come. Mr. Wilson commented that conceptual approval of the project and required funds should come from LATSA; engineer/technical review should be the domain of the LAT staff.
PADEP MS4 Annual Report Review Letter
Mrs. Davis provided a copy of the letter she received from the Department of Environmental Protection stating that they had reviewed her annual report. It says it is complete and acceptable.
PennDOT Correspondence
Mr. Miner pointed out that the state created the Municipalities Authorities Act and it has specific amendments regarding stormwater where they mention fees. The PennDOT representative writing the letter does not mention this but cites Supreme Court cases instead. The state also does not allow First Class Townships to collect stormwater fees. Mrs. Davis asked the Board if they would like Mr. Miner to send a letter to Kenda Gardner from PennDOT.
Mr. Schin moved to authorized Solicitor miner to send a letter to PennDOT on behalf of the Stormwater Authority defining money owed for stormwater as a fee not a tax. Mrs. Shuler seconded the motion and the motion carried 5-0.
ANY OTHER BUSINESS PERTINENT TO THE AUTHORITY:
There was none.
ADJOURNMENT
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 July 9th.
Respectfully submitted,
Tina Thomas
Recording Secretary