MINUTES

STORMWATER AUTHORITY	LOWER ALLEN TOWNSHIP
REGULAR MEETING	AUGUST 5, 2021
The following were in ATTENDANCE:
BOARD MEMBERS	TOWNSHIP PERSONNEL
Timothy Johnson, Chairman	Rebecca Davis, Stormwater Program Manager
Richard Schin, Treasurer	Steven P Miner, LATSA Solicitor
Alison J Shuler, Secretary	Michelle Kilgore, Recording Secretary
Robert Edwards, Assistant Treasurer

Chairman Johnson called the August 5, 2021 Regular Meeting of the Lower Allen Township Stormwater Authority to order at 7:32 pm.  He announced that proof of publication was available for review.  He also noted Vice Chairman Lloyd Bucher was absent with excuse.

 

APPROVAL OF MEETING MINUTES

Mr. EDWARDS moved to approve the minutes from the July 1, 2021 Regular Meeting.  Ms. SHULER seconded.   The motion carried 4-0.

 

AUDIENCE PARTICIPATION

Joseph Swartz, 1706 Letchworth Road, Camp Hill came to the podium.  He stated that he saw the results of the Moreland Basin project, and wanted to comment on how great it looks, particularly the use of the cardinal flowers planted there.  He thanked everyone involved in making it happen.

 

SOLICITOR’S REPORT

Mr. Miner noted there were 28 delinquency notice letters, and of those there are 15 residents that have not paid.  He filed liens on those 15 on behalf of the Stormwater Authority.  He added that the liens will be released as the funds are collected, which will include the solicitor’s fee.

Mr. Minor discussed his dealings with a property owner that is preventing Ms. Davis from completing a permissible stormwater outfall inspection on his property.  He said he sent the owner a certified letter and has not heard back.  He added the Township and Public Safety leadership has been made aware they made need to escort Ms. Davis onto the property to complete the inspection, as it is mandated by the State to be completed semi-annually for this type of outfall.  Mr. Schin asked Ms. Davis if she completes the inspections by herself.  Ms. Davis replied that the newly hired stormwater inspector is now assisting her with 90% of the inspections.  She added that they are now using technology to locate the points which helps them to capture more data.  Chairman Johnson asked if equipment is needed for the inspections.  Ms. Davis said no, that if an illicit discharge is identified during inspection, and it has a color, odor, or smell, their permit requires sampling and then tracing to determine the source of the discharge.  She added that the Township has never gotten to a point where illicit discharge was discovered.

 

TREASURER’S REPORT

LATSA Financial Reports:

Mr. Schin stated the July 20, 2021 cash balance of the Fund was $2,305,672.00.  This balance does not include interest due to it not being posted at the time of the report.

Mr. SCHIN motioned to offer this as the Treasurer’s Report.  Mr. EDWARDS seconded the motion.  The motion carried 4-0.

 

Request for Transfer of LATSA Funds to General Fund

Amount of the transfer request was $21,441.00, identified as the second quarterly installment for 2021.  Mr. SCHIN made a motion to approve the transfer request.  Mr. EDWARDS seconded.  The motion carried 4-0.

 

STORMWATER PROGRAM MANAGER REPORT:

Credit and Appeals Summary:

Ms. Davis stated there were no new credits since she prepared her log.

 

Stormwater Collections Summary Report:

Ms. Davis included in her packet a summary of collectible accounts for the LATSA.  She stated that Norfolk Southern paid the first quarter payment due and then stopped paying.  She asked Mr. Minor for assistance in explaining why LAT cannot issue a lien against them.  Mr. Minor stated the railroad has congressional authority that prevents local governments from issuing a lien, in addition to the fact that it is a railroad and not a structure on a property which poses a challenge.  He added that he plans to continue researching the possibility of approaching the issue from another angle.

Ms. Davis stated that lien-eligible accounts reduced from over $18,000 to over $9,000 after notices were sent.  Mr. Edwards asked if the uncollectable amounts are transferred year to year.  Ms. Davis replied yes, and the owners continue to get billed, plus quarterly and annual penalties.

 

Moreland Basin Construction Update/Partial Payment

Ms. Davis reported that approximately 30% of the plants have died, although some are coming back.  She added there is some invasive weed removal that was needed and took place the prior Monday by the contractor.  When speaking with the contractor, a plan was developed to replace dying or dead plants in the Fall or Spring.  Ms. Davis said that there is a one-year warranty period, and LAT has held 5% of the total project cost in a letter of credit.  She indicated she would like to issue a partial payment to the contractor of $109,014.54 and asked for the Authority’s approval for the partial payment.

Chairman Johnson asked for a motion to approve partial payment of $109,014.54, withholding an amount of $30,763.08.  Mr. EDWARDS made the motion.  Ms. SHULER seconded.  The motion carried 4-0.

 

LATSA Credit and Appeals Policy

Ms. Davis stated she reviewed Mr. Peiffer’s application with the engineer, it was determined that the credit Mr. Peiffer was asking for is already in the PA DEP BMP manual, already referenced in the existing policy, therefore Mr. Peiffer is eligible for a 50% reduction in the stormwater fee assessed on the arboretum property.  She said that he has higher than the number of needed trees required to be eligible for the reduction.  Ms. Davis noted that she has heard that DEP is revising their BMP manual, therefore any future credits would have to comply with their most recent version.  Ms. Davis asked the Authority if they want more specifics in the Township’s policy, noting there are hundreds of BMPs in the DEP manual.  Chairman Johnson noted that the reason LAT’s policy was designed to be so broad was to not limit the several potential credits that may be allowable, and suggested an appendix be added that would list out all of the BMPs that a resident would be eligible for.  Ms. Davis said that it is something that can be done, but it would be largely comprehensive.  She agreed to wait for the updated DEP manual, which may present additional BMP opportunities, prior to updating the current LAT policy.  Mr. Edwards asked Ms. Davis if she believes any DEP BMPs will be removed from their upcoming revised manual.  Ms. Davis stated she felt all existing BMPs would stay, but that more innovative BMPs will be added.  She also asked the Authority to consider the addition of non-structural credits when the policy is rewritten.  Mr. Schin asked if there is a financial impact.  Ms. Davis replied that when drafting the budget an assumption was made that the Township would lose so much money to credits, and that was based on the amount of BMPs they had.  She added the non-structural credits would not involve as much work and may be offered as low as 10%.  She offered to research other townships’ policies to get an idea of how the non-structural credits are offered.

Ms. Davis noted that the PA Turnpike sent a letter indicating they received a refuse bill from the Township.  In the letter they advised they will not be paying refuse, asked that stormwater fees not be assessed.  Ms. Davis advised LAT will continue to send the bill, and Mr. Minor said that the bill should be sent at least until litigation is resolved.

Ms. Davis stated she was contacted beginning of July for a DEP audit of MS4 Programs on July 13.  The report was minimal, as there were no findings and no comments.  Mr. Edwards asked if DEP exempts itself from paying stormwater fees throughout the Commonwealth.  Mr. Minor replied that he believes they do.

Ms. Davis said that USG has finished their television, and LAT is slightly under budget.  Deliverables will be to Ms. Davis within the next week.  She was told there are pipes that are rusted out, and debris flushed out of the pipes.

 

ANY OTHER BUSINESS PERTINENT TO THE AUTHORITY:

None

 

ADJOURN:

The Regular Meeting of the Stormwater Authority adjourned at 8:05PM.