MINUTES

STORMWATER AUTHORITY                                           LOWER ALLEN TOWNSHIP

REGULAR MEETING                                                          SEPTEMBER 3, 2020

                                                                                                         

The following were in ATTENDANCE:

 

STORMWATER AUTHORITY BOARD                        TOWNSHIP PERSONNEL

Gordon E. Wilson, Chairman                                                 Rebecca Davis, Stormwater Program Manager

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.

 

Chairman Wilson called the September 3, 2020 Regular Meeting of the Stormwater Authority to order at 7:47 pm. He announced that Proof of Publication was available for review. Tina Thomas completed a Roll Call of the Board members present.

 

MEETING MINUTES

Mr. Bucher moved to approve the minutes from the July 9, 2020 meeting of the Stormwater Authority with noted corrections. Mrs. Shuler seconded the motion. Motion carried 5-0.

 

AUDIENCE PARTICIPATION

None.

 

SOLICITOR’S REPORT

 

Triple Crown Corporation

Mr. Miner spoke about correspondence received from the Triple Crown Corporation where they expressed their displeasure with losing their appeal of stormwater fee payment for the extra lot they own at the Manor at Westport. Mr. Miner does not feel that they should be treated any differently than anyone else when it comes to paying stormwater fees. He explained that Triple Crown purchased a bankrupt, partially built subdivision which includes an extra lot along the road. Had they created a Homeowners Association (HOA), it would have been responsible for paying it. Triple Crown would like to gift this piece of land either to the adjoining property owner, Richard Hammon, or to the West Shore School District. Mr. Miner said that gifting the land is a viable option but someone must still pay the stormwater fees. He said it is possible that it could go to litigation. Mr. Bucher asked if it is possible to lien a property with no value and Mr. Miner replied that it has to be done in an effort to keep things fair. He and Mrs. Davis are looking for guidance from the Board. The Stormwater Authority is in favor of placing a lien on the property. Mrs. Davis commented that the value of the property has no correlation on the stormwater fee; the property still produces stormwater.

 

Mr. Schin moved to authorize a lien being placed on the vacant property and Mr. Johnson seconded the motion. The motion carried 5-0.

 

State Correctional Institution

Mr. Miner said that the prison, SCIC, is taking the stance of other governmental agencies in stating that the stormwater fee is a tax and they therefore do not have to pay it. He referred to the cost for litigation he had previously provided to the Board. Mr. Miner would like to hold off on pursuing this matter until a decision is reached in the case of the Borough of West Chester vs. West Chester University in Commonwealth Court. He feels this will set a precedent. He also does not want to bypass the Solicitor for Municipal Authorities Association who is also following the case. Mrs. Davis said that she and Mr. Vernau are meeting with the other COG members on September 16^th to discuss how to proceed with organizations that refuse to pay the fee.

 

TREASURER’S REPORT

 

LATSA Financial Reports

Mr. Bucher said that he had just received the financial report at the start of the meeting and had not had time to review them. Mrs. Davis said that the financial reports were just run by the Finance Director on September 1^st so that they would be more up to date. Previously, Mr. Bucher had asked why the money that was transferred did not appear on the last statement. Mrs. Davis said that the transfer was based on a budgeted amount which had not been spent in the first two quarters. Therefore the money was not transferred. She said that there is a $626,000 adjustment due to projects not yet being completed. Mrs. Davis asked Mr. Miner if there is a correction needed since the motion was approved in June but the money transferred was a different amount. The correct amount for both the first and second quarters is $255,985.00. 

 

Mr. Bucher made a motion to approve the Treasurer’s Report for September 3, 2020 and Mrs. Shuler seconded it. Motion carried 5-0.

 

Mr. Bucher made a motion to approve the Disbursement Requisition dated September 3, 2020 in the amount of $255,985.00; this replaces the Disbursement Requisition approved at the June 4, 2020 meeting. Mrs. Shuler seconded it. Motion carried 5-0.

 

STORMWATER PROGRAM MANAGER REPORT

Credit and Appeals Summary

Mrs. Davis stated that one credit application came in but no appeals were received. The credit application was for Jenny’s Salon. When they added on to their building, they mitigated all of their stormwater runoff with a large underground system. 

 

LATSA Collections / Fee Resolution

Mrs. Davis noted that she has 26 accounts which are passed fourth quarter delinquency and at the point of having liens placed against them per the resolution. She said that since they have been notified of this, she and Mr. Miner will proceed with the process. In the future, she would like the Stormwater Board to consider revising the resolution. She said the staff time and expense is not financially worth filing the lien for the amount due after four quarters ($85.50). Mrs. Davis feels that two years (eight quarters) is a more financially sensible point for a lien. At this time the cost of the lien would be added to the balance owed.  Mrs. Davis said that notices of delinquency will continue to be sent throughout this time. For commercial properties, she said it would be more appropriate to use an amount of $500 or the eight quarters of delinquency.

 

Mrs. Davis noted that she currently sends out an unpaid bill notice at three quarters. She is considering sending this out again at six quarters. It is a fairly automated process that does not require a lot of staff time.

 

The Stormwater Authority Board expressed their support of Mrs. Davis’s suggestions. She will prepare the amendment for the next meeting.

 

Public Works/Sheepford Basin Construction Update

Mrs. Davis gave an update on progress with the two basin projects that were awarded grants. She said that the contractor came in and dug out the basin by the Public Works building. The topsoil is being amended and mixed with a compost leaf mix to help with drainage. After the basin dries out from recent rains, the soil will be put back in along with plants. Mrs. Davis said that work will begin on the Sheepford Basin next. A permit has been obtained from PennDOT to enter from Lisburn Road. Mrs. Davis anticipates work being completed by the end of October and she will complete the necessary paperwork for reimbursement.

 

ANY OTHER BUSINESS PERTINENT TO THE AUTHORITY:

Mrs. Davis spoke about looking at Norman Road with the Public Works staff where there have been flooding issues. She said the construction of the Weis Store directed stormwater down Lowther Street and onto Norman Road. She said that manholes in that area are made of brick and are in good shape. It is unknown what condition the underground pipes are in. She would like to look into getting the corrugated pipes in that area televised by a vendor. Mrs. Davis said that there is $20,000 in this year’s budget for infrastructure work. She also noted that this area is slated to be paved in 2022 and any pipe replacement would be best done beforehand. She said Seneca and West Maple Avenue would also be good candidates for being televised. Mr. Schin asked if the Sewer Authority could be hired to do the work. Mrs. Davis will check with Mr. Brosman for availability.

 

ADJOURNMENT

There being no more business, Mr. Wilson adjourned the Stormwater Authority meeting at 8:34 pm.

Respectfully submitted,

Tina Thomas

Recording Secretary