Stormwater Authority
5-4-2022 Minutes
MINUTES
STORMWATER AUTHORITY | LOWER ALLEN TOWNSHIP |
REGULAR MEETING | MAY 4, 2022 |
The following were in ATTENDANCE: | |
BOARD MEMBERS | TOWNSHIP PERSONNEL |
Timothy Johnson, Chairman
Lloyd Bucher, Vice Chairman |
Rebecca Davis, Director of Public Works
Steven P. Miner, LATSA Solicitor |
Alison J Shuler, Secretary | Charlie Reynolds, Fleet Manager |
Richard Schin, Treasurer | Nate Sterling, Administrative Assistant (Acting- |
Robert Edwards, Assistant Treasurer | Recording Secretary) |
Chairman Johnson called the May 4, 2022, Regular Meeting of the Lower Allen Township Stormwater Authority to order at 7:48 p.m. and announced the meeting had been duly advertised for publication.
APPROVAL OF MEETING MINUTES
Ms. SHULER moved to approve the minutes from the April 7, 2022, Regular Meeting. Mr. BUCHER seconded the motion. The motion carried 4-0 with Mr. Edwards abstaining since he was absent from the prior meeting.
AUDIENCE PARTICIPATION
There was none.
AUDITORS PRESENTATION
Brian Marchuck, Principal and Scott Henry, Senior Manager from Brown Schultz Sheridan & Fritz (BSSF) were in attendance to present and discuss the LATSA audit report for years-ended 2020/2021. Mr. Scott led the presentation and discussion on the Management Letter, Audit Report, and DCED Report which had been provided prior to the meeting. BSSF would be issuing the formal Opinion stating the audit was clean with no internal control findings. The balance sheet was positive, there was no long-term debt, and an appropriate level of receivables. Additionally, the large amount of uncollectable funds from the governmental agencies (PA Commonwealth, PennDOT, Turnpike, SCI, etc.) would be addressed accordingly on the financials. The financials would afford some flexibility as the exact outcome for the uncollectable funds on the financials would be determined based upon the outcome of certain legal cases (separate from the Township) related to Stormwater charges being deemed taxes not fees. Mr. Scott noted their firm’s standard disclaimer on providing financial advice in the Covid-19 era which considers the possibility of unforeseen factors and impacts from the pandemic.
SOLICITOR’S REPORT
During the auditor’s report and discussion on the uncollectable accounts, Mr. Miner provided a brief update on the status of the potentially related cases such as the Commonwealth Court in Borough of West Chester v. Pennsylvania State System of Higher Education, and his sense was the time for the courts and lawmakers to determine the fee vs. tax distinction for Stormwater was drawing closer. Mr. Miner recently issued letters to the P.A. Department of Corrections and the PA Turnpike Commission much like the letter issued to PennDOT regarding the fee vs tax issue.
TREASURER’S REPORT
LATSA Financial Reports:
Mr. Schin reported the April 28, 2022, cash balance of the Fund was $2,827,826.
Uncollectable Accounts:
Property Owner | Accounts | Balance |
Commonwealth of PA | 8 | $6,249 |
PennDOT | 4 | $654,797 |
PA Turnpike | 1 | $79,608 |
PA Industrial School (SCI/Prison) | 1 | $234,477 |
Norfolk Southern | 1 | $247 |
TOTALS | 15 | $975,378 |
Mr. SCHIN motioned to approve the Treasurer’s Report. Mr. EDWARDS seconded the motion. The motion carried 5-0.
PUBLIC WORKS DIRECTOR REPORT:
Stormwater Fee Credit and Appeals Monthly Report
Ms. Davis reported no submissions since the prior meeting.
Lower Allen Township and Stormwater Authority Agreement – 2022
Ms. Davis presented approved agreement for signature by the authority and noted the Board of Commissioners had requested a minor clarifier to the existing langue, specifically stating the agreement was applicable to “Stormwater Projects” only.
Ms. SHULER motioned to approve the proposed change and execute the agreement. Mr. EDWARDS seconded. The motion carried 5-0.
Award Landscape Maintenance BMP Bid
Ms. Davis provided the results of the bids for the Township’s BMP maintenance contract. LandStudies, LLC’s bid of $41,325.00 was the only bid received.
Mr. BUCHER motioned to award the contract to LandStudies, LLC. Ms. SHULER seconded. The motion carried 5-0.
There was discussion on the duration of the contracts (single year vs. 2-3 year), and the possibility of taking on some of the work in-house. Ms. Davis indicated longer contracts could be possible in future years, and the work requires having knowledge and expertise on invasive plants, which could be performed in-house with the proper training and staff.
Mini Excavator Purchase Discussion and Authorization
Ms. Davis summarized her memo requesting authorization for the purchase of a mini excavator, describing the need, usefulness, and increased efficiency for Stormwater projects, siting the unique capabilities of the mini excavator in relation to the existing Public Works equipment. Public Works employees were able to demo the mini excavator during a recent stormwater repair project. Additionally, Charlie Reynolds, Fleet Manager was on hand and spoke to technical details, questions, and provided assurance the mini excavator would be maintainable and compatible with the existing fleet. The mini excavator was available for purchase and on-hold from Stephenson Equipment in Harrisburg at a cost of $134,800; it was anticipated the price would increase and availability would decrease in the future. Ms. Davis estimated the usage of the mini excavator to be split 80/20 between Stormwater and Public Works projects respectively and she proposed the cost to purchase maintain the same ratios, meaning LASTA would fund $107,840 of the purchase and the Township would fund the remaining $26,960. There was discussion and consensus on authorizing the purchase of the mini excavator, and then additional discussion on the possibilities for funding and the outcome should the Township not agree to contribute 20% towards the purchase. A motion was made containing the following constructs:
Mr. SCHIN motioned (1) to authorize the purchase of the mini excavator; (2) that the request for the 20% contribution towards the purchase of the mini excavator be presented to the Board of Commissions at their Monday, May 9, 2022, meeting; and (3) that the total cost of the mini excavator be defrayed through possible ARPA funding. Mr. BUCHER seconded. The motion carried 5-0.
ANY OTHER BUSINESS PERTINENT TO THE AUTHORITY:
Mr. Johnson advised he would not be able to attend the June meeting (should it be held).
ADJOURN:
The Regular Meeting of the Stormwater Authority adjourned at 8:41 p.m.
Respectfully Submitted,
Nate Sterling
Administrative Assistant
Lower Allen Township