MINUTES

 STORMWATER AUTHORITY                                           LOWER ALLEN TOWNSHIP

REGULAR MEETING                                                          NOVEMBER 1, 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 November 5, 2020 Regular Meeting of the Stormwater Authority to order at 7:49 pm. He announced that Proof of Publication was available for review. Tina Thomas completed a Roll Call of the Board members present.

 

MEETING MINUTES

Mrs. Shuler moved to approve the minutes from the October 1, 2020 meeting of the Stormwater Authority. Mr. Bucher seconded the motion. Motion carried 5-0.

 

AUDIENCE PARTICIPATION

None.

 

APPOINTMENT OF CALDWELL & KEARNS, P.C.

Mr. Bucher moved to approve appointing the law firm of Caldwell & Kearns, P.C. in the person of Steven P. Miner, as Stormwater Authority Solicitor at a rate of $200 per hour, effective November 30, 2020. Mr. Johnson seconded the motion and the motion carried 5-0.

 

SOLICITOR’S REPORT

Mr. Miner thanked the Board for approving his consent letter. He said that there was one lien satisfaction in the past month.

 

TREASURER’S REPORT

LATSA Financial Report

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

LATSA Funds Transfer

Mr. Bucher noted that there is a request for funds transfer of $136,430. He said this is the third budgeted transfer. It will reimburse the Sanitation Fund $8,437.50 and the General Fund $127,992.50. Mr. Bucher moved to approve the funds transfer and Mr. Schin seconded the motion. Motion carried 5-0.

LATSA Financial Reports

Mr. Bucher said that there is also a funds transfer request for final payments of $2665 and $4885 to the Utility Services Group. They have completed televising and flushing of the stormwater pipes, manholes, and inlets along Sussex and Norman Roads. Mr. Bucher moved to approve the funds transfer and Mr. Schin seconded the motion. Motion carried 5-0.

 

Letter Regarding Stormwater Transfers

Mr. Bucher spoke about receiving a letter from Mr. Grove in response to a letter sent to him by Chairman Wilson. Mr. Grove was asked if, in the future, stormwater fund transfers could be made based on actual amounts rather than budgeted. He said that it could be done, it is just a little more work to do it that way. Mrs. Davis said that Mr. Grove explained that projects are being paid for out to the General Fund with transfers from the Stormwater Fund. These are ultimately reimbursed by grants but the projects must be paid for in advance and closed for this to happen. Mrs. Davis said that she does not feel this should affect the Stormwater Fund because the items are already included in the budget without the additional grant money. She added that sometimes more money is transferred than is needed because the projects have not even been completed. In response to Mr. Grove’s letter, the Stormwater Authority would like to have the transfers in actual amounts starting in 2021.

 

STORMWATER PROGRAM MANAGER REPORT

Credit and Appeals Summary

Mrs. Davis stated that no new credit or appeal applications have come in this past month.

 

Public Works/Sheepford Crossing Basin Retrofit Projects Final Payment

Mrs. Davis requested authorization to make the final payment to Stormwater Maintenance, LLC in the amount of $144,613.69. She added that after this payment is made, she can submit the grant paperwork to the state for reimbursement of both projects. Mr. Johnson moved to approve final payment to Stormwater Maintenance, LLC for Public Works and Sheepford Crossing Basin Retrofits in the amount of $144,613.69. Mr. Bucher seconded the motion and the motion carried 5-0.

 

2021 Budget

Mrs. Davis noted that there have been no changes made to the budget presented to the Board last month. She said it will go before the Board of Commissioners at their next Budget Meeting. Mrs. Shuler asked if the budget adequately covers the funds which are needed. Mrs. Davis responded that it does. She hopes to get four of the remaining eight basins retrofitted next year along with lining sunken manholes on Norman Road and replacing inlets on Sussex Road. She said that money is also included for doing some required water testing.

 

Letters of Appointment and Reappointment

Chairman Wilson asked Mr. Schin if he would like to continue to serve on the Stormwater Authority Boards and Mr. Schin said that he would. The Board is in agreement. Chairman Wilson noted that Robert Edwards will be joining the Stormwater Authority Board to fill a vacancy. The Board is in agreement.  

 

ANY OTHER BUSINESS PERTINENT TO THE AUTHORITY:

Mrs. Davis spoke about participating in a webinar with PMAA regarding stormwater fees and establishing an authority. She said an attorney spoke about the upcoming litigation between the state and stormwater fees. There is action anticipated. Mr. Miner said that the only case he knows of being at a decision level is West Chester Borough vs. West Chester University.

 

ADJOURNMENT

There being no more business, Mr. Wilson adjourned the Stormwater Authority meeting at 8:15 pm. The next meeting of the Stormwater Authority will take place on Thursday December 3^rd.   

 

Respectfully submitted,

Tina Thomas

Recording Secretary