* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] OKAY, [CALL TO ORDER] WE ARE READY. CALL THE MEETING, UH, ORGANIZATION MEETING OF THE FEBRUARY 2ND, 2023, UH, MUNICIPAL AUTHORITY. AND, [ELECTION OF OFFICERS] UH, LOOKS LIKE WE HAVE A QUORUM HERE. SO I'D LIKE TO TAKE NOMINATIONS FOR CHAIR, PLEASE, FOR, UH, 2023. NOBODY WANTS TO BE CHAIR. NOBODY WANTS TO BE CHAIR. I NOMINATE, UH, KEN HUGHES FOR CHAIR. GOT A NOMINATION FOR KEN HUGHES. DO I HAVE A SECOND? I'LL SECOND THAT. GOT A SECOND. ANY OTHER NOMINATIONS? NOMINATIONS CLOSED. ALL IN FAVOR FOR, UH, KEN HUGHES, PLEASE. SIGNIFYING BY SAYING AYE. AYE. AYE. CONGRATULATIONS. HEY, THANKS. WE'RE CONDOLENCES, RIGHT? NO, NO, NO, NO. THANK YOU. THANK YOU. OFFICIAL. YEAH, NO OFFICIAL. UH, BEFORE WE MOVE ON, I WASN'T HERE AT THE MEETING LAST AUGUST, BUT, UH, I TRUSTED THE VICE CHAIR HERE TO MY RIGHT. WAS HERE AND HE DID THE PLEDGE OF ALLEGIANCE. SO I THOUGHT IT'D BE NICE THING IF WE DID THE PLEDGE OF ALLEGIANCE. WELL, I AGREE. BEFORE I DO THAT, NOW THAT YOU'RE CHAIR, NEED TO TAKE NOMINATIONS FOR THE VICE SHOULD FINISH THAT FIRST. FINISH THAT FIRST. OKAY. WE CAN FINISH THAT FIRST. BE ORGANIZED. ALL RIGHT, FINE. WE WILL FINISH THE, UH, LI OF OFFICERS NOMINATIONS, PLEASE. FOR VICE CHAIR. I'LL NOMINATE AZ. SECOND. I'LL SECOND THE NOMINATIONS. ALL IN FAVOR, PLEASE SAY AYE. AYE. AYE. AYE. OPPOS. CONGRATULATIONS. AL. TIM, YOU ACT AS SECRETARY. YEAH. OKAY. UM, WE, WE NEED TO REELECT SECRETARY TOO. I THINK IT'S DONE AT A STAFF LEVEL. YEAH. OKAY. TIM WILL DO THAT. AND WE DON'T HAVE TO NOMINATE AND DON'T SPEND TOWNSHIP FUNDS, SO YOU DON'T NEED A TREASURER. OKAY. SO I THINK YOU'RE GOOD. I JUST WANTED TO GET OKAY. ALRIGHT. THANK YOU. THANK YOU FOR YOUR HELP. ALL RIGHT. NOW LET'S, UH, DO A QUICK, UH, PLEDGE OF ALLEGIANCE. PLEDGE OF ALLEGIANCE, THE FLAG. UM, [1. Approve February 2, 2023 Municipal Authority Agenda] NEXT THING ON THE AGENDA IS APPROVE TONIGHT'S AGENDA. HOPEFULLY YOU'VE HAD A CHANCE TO LOOK AT IT. CORRECTIONS TO THE AGENDA. HEARING NONE. IS THERE A MOTION TO APPROVAL? THE AGENDA? I'LL MAKE THAT MOTION. SECOND MOVE AND SECOND IN FAVOR, PLEASE SAY AYE. AYE. AYE. OPPOSED? DETENTIONS APPROVE. UH, WE WILL, UM, ONE NEXT ITEM IS AMI AUTHORITY. MINUTES FROM OUR LAST MEETING, ALLOW THE MEMBERS THAT HAVEN'T SEEN THEM TO READ THEM QUICKLY. NOW, KEN, COULD I ASK YOU TO SPEAK INTO THE MIC? OH, YEAH. SORRY. SO THANK YOU. THAT BETTER? YEAH. OKAY. WELL, THANK JOHN PEARSON FOR BEING OUR AUDI AUDIENCE TONIGHT. JOHN, NICE TO HAVE YOU WITH US. UM, SO WE [2. Approve August 4, 2022 Municipal Authority Minutes] WILL MOVE ON THEN. THE, UH, APPROVE THE ADMISSIBLE AUTHORITY MINUTES FROM OUR LAST, UH, MEETING, WHICH WAS ACTUALLY, UH, AUGUST 4TH, 1922. SO, UH, HOPEFULLY PEOPLE HAVE HAD A CHANCE TO AT LEAST SKIM THEM OVER. I WAS NOT AT THAT MEETING UNFORTUNATELY, BUT, UH, I'M GLAD AL WAS AND COULD SHARE THAT. UM, ARE THERE ANY ADDITIONS OR CORRECTIONS TO THOSE MINUTES? OKAY, HEARING HONOR. IS THERE MOTION TO APPROVE THE, UH, MINUTES OF AUGUST 4TH, 1922, BUT EXCUSE ME, 2022. I'M BEHIND SCHEDULE HERE. 2020? YES. I'LL MAKE THAT MOTION. OKAY. IS THERE A SECOND? SECOND MOVED. AND SECOND IN TO APPROVE THE AUGUST 4TH. 2022 MINUTES. UH, ALL IN FAVOR, PLEASE SAY AYE. AYE. AYE. AYE. THE OPPOSED EXTENSIONS. THANK YOU. NEXT [3. Review the impact of the January 4, 2023 Pennsylvania Commonwealth Court decision, ruling that West Chester Borough's stormwater fee is a tax and, not a fee. Solicitor Bresnan will provide an update.] ITEM IS THE ACTION AND DISCUSSION ITEMS. AND THE FIRST ITEM UP IS THE REVIEW OF THE, UH, PENNSYLVANIA COMMONWEALTH COURT DECISION, UH, REGARDING WESTCHESTER BOROUGH'S STORMWATER FEE. AND FOR THAT, I WILL TURN IT OVER TO JOE BRETON. THANKS, KEN. UM, THIS IS A SIGNIFICANT DECISION. UM, I CIRCULATED A MEMO TO ALL OF YOU, UH, PREVIOUSLY THAT SUMMARIZED IT. UM, [00:05:01] IF YOU THINK ABOUT WHAT ITS IMPACT IS, IN A WAY, I KIND OF HOPE THE SUPREME COURT DOES ACCEPT IT FOR AN APPEAL, UH, IN PENNSYLVANIA, WHEN YOU APPEAL FROM, FROM A COUNTY COURT, THIS, THIS DECISION CAME OUTTA WESTCHESTER. WHEN YOU APPEAL TO THE COMMONWEALTH COURT, WHICH IS DECIDED THIS CASE, THEY HAVE TO HEAR YOUR APPEAL. BUT THE STATE SUPREME COURT DECIDES WHETHER JUST LIKE THE US SUPREME COURT, IT DECIDES WHICH CASES IT WILL ACCEPT. TO ME, GIVEN THE SIGNIFICANCE OF IT, I WOULD HOPE THAT THEY WOULD ACCEPT IT TO GIVE IT SOME FINALITY AND POSSIBLY TO EVEN GO BROADER IN THE EXPLANATION OF THE REASONING. SO YOU'VE GOT THE COMMONWEALTH COURT SAYING FOR THESE DIFFERENT REASONS. IT'S A, IT'S A TAX, BASICALLY. IT IS NOT FOR EVERY, YOU KNOW, IT'S NOT FOR THE SPECIFIC GOOD OF THE PERSON PAYING THE FEE. IT'S FOR EVERYBODY'S GOOD. AND THEREFORE IT'S A TAX. UM, IT, THE SECOND CLASS TOWNSHIP CODE WAS AMENDED TO ALLOW SECOND CLASS TOWNSHIPS TO CHARGE THIS AS A FEE. SO, BECAUSE THE CASE CAME OUT OF A BOROUGH BACKING UP, AND I THINK I EXPLAINED THIS BEFORE THEY CHA, THERE WAS A, THERE WAS A LAW THAT WAS INTRODUCED TO ALLOW MUNICIPALITIES TO CHARGE THIS FEE DIRECTLY WITHOUT HA SO THAT EVERY TOWN THAT WAS BEING FACED WITH MS FOUR STORMWATER REGULATIONS DIDN'T HAVE TO FORM AN AUTHORITY TO CHARGE A FEE. SO IT STARTED OUT AS A LAW THAT WOULD ALLOW ALL MUNICIPALITIES TO DO IT DIRECTLY DURING THE N PROCESS OF NEGOTIATIONS. WHEN A BILL BECOMES A LAW, THEY TRADED AWAY FIRST CLASS TOWNSHIPS AND BOROUGHS. SO ONLY SECOND CLASS TOWNSHIPS CAME AWAY WITH THE RIGHT TO CHARGE IT DIRECTLY. AND BECAUSE OF THAT, THIS CASE CAME OUTTA WESTCHESTER BOROUGH. THERE WAS NO DISCUSSION OF THE LAW THAT SPECIFICALLY ALLOWS A SECOND CLASS TOWNSHIP TO CHARGE IT. SO IN OTHER WORDS, DID THE, DID THE FACT THAT THE LEGISLATURE BLESSED IT FOR SECOND CLASS TOWNSHIPS A TRUMP IN ANY WAY THE CASE SO THAT THIS ANALYSIS DOESN'T MATTER BECAUSE THEY WERE, WE WERE ALREADY BLESSED IN, IN THE SECOND CLASS TOWNSHIP. BUT THE ABILITY TO DO THIS, I, I DON'T THINK IT'S GONNA GO THAT WAY. BECAUSE IF YOU LOOK AT THEIR ANALYSIS OF THE REASONS THAT I PUT IN MY MEMO OF WHY THEY THINK IT'S A TAX, I DON'T THINK THE LANGUAGE IN THE SECOND CLASS TOWNSHIP CODE AMENDMENT WOULD SURVIVE THAT. BUT WE, WE NEED TO SEE, BUT LET'S ASSUME FOR A MINUTE THAT THEY AFFIRM THE COMMONWEALTH COURT OR THAT THE SUPREME COURT DOESN'T TAKE THE CASE. AND SO THE COMMONWEALTH COURT IS THE LAST WORD ON IT. THE AUTHORITY. THIS AUTHORITY WHEN THE CHARTER, YOUR, THE CHARTER WAS AMENDED TO ALLOW RECOMMENDATIONS TO BE MADE TO THE TOWNSHIP ON, UH, STORMWATER FEES. AND THAT MIRRORED THE AL THE SANITARY SEWER BEES THAT, OR THAT, THAT YOU USED TO MAKE RECOMMENDATIONS ON. AND THE REASON THAT THAT WAS DONE AT THE TIME WAS THAT THE SUPERVISORS WANTED TO KEEP THE ULTIMATE RESPONSIBILITY FOR IMPOSING IT. AND IF YOU REMEMBER UNDER THE LEASE, NOW IT'S THE TOWNSHIP'S RESPONSIBILITY. SO IF IT WERE TO HOLD AS IT IS TODAY, I WOULD THINK THAT THE AUTHORITY WOULD NOT, WOULD ONLY MEET AS CALLED UPON. I DON'T THINK WE WOULD CONTINUE TO NEED REGULAR MEETINGS IF YOU LOOK AT, BECAUSE IF IT'S A TAX, THE TOWNSHIP, IF IT'S A TAX, A TOWNSHIP CAN STILL CHARGE IT, BUT IT'LL LOSE THE ABILITY TO COLLECT IT FROM NONPROFITS. THAT'S THE, THAT'S WHERE, YOU KNOW, IT'S ANOTHER SITUATION WHERE, UM, THE, THE NONPROFITS ARE GETTING THE BENEFIT OF THE MS FOUR IMPROVEMENTS, BUT THEY'RE NOT BEING REQUIRED TO FUND THEM. AND THAT'S WHERE CALLING IT A FEE WAS, WAS SUCH A BIG ADVANTAGE. BUT YOU, IF IT'S A TAX, THE TOWNSHIP CAN STILL DO IT. BUT THEN WOULD THE TOWNSHIP SUPERVISORS ACCEPT RECOMMENDATIONS FROM AN OUTSIDE BODY ON A TAX? BECAUSE YOU, YOU WERE RECOMMENDING A FEE AND I'M NOT SURE THAT THEY WOULD WANT A RECOMMENDATION ON TAXATION. THEY MIGHT. WE, YOU KNOW, THAT'S YET TO BE DETERMINED. CAUSE WE HAVEN'T HAD THIS CONVERSATION YET WITH THEM. BUT RIGHT NOW WE'RE NOT IN A POSITION TO MAKE ANY RECOMMENDATIONS ON A FEE. AND THE SUPERVISORS HAVE TO DECIDE WHETHER IT'S SOMETHING THAT THEY WANT TO INCUR IN THE GENERAL FUND, YOU KNOW, AS A TAX. UM, DO THEY WAIT, DO WE SEE HOW THIS MIGHT MORPH OUT? HOW THE LAW MIGHT CHANGE THAT, THAT, THAT, THAT THEY DEVELOP SOME CRITERIA THAT MAKE IT A, A DEFENSIBLE FEE. YOU KNOW, THERE'S A LOT THAT'S GONNA HAPPEN AS A RESULT OF THIS CASE. UM, MOST THE OTHER ITEMS THAT COME UP TO THE AUTHORITY HERE, IF YOU LOOK ON OUR AGENDA, THEY'RE REALLY JUST INFORMATIONAL. THEY'RE [00:10:01] ALL WORK DONE BY THE TOWNSHIP, RIGHT? THEY RELATE TO THE SYSTEM, OF COURSE, AND THAT'S WHY THEY'RE ON THE AGENDA. BUT THEY DON'T REALLY REQUIRE ANY ACTION OF YOU. ONLY THE ONLY THE RECOMMENDATION OF A FEE WAS, WAS WHAT THE CHARTER CALLED FOR. AND NOW WHERE ARE WE WITH THAT? SO, UM, THERE'S 30 DAYS, I DON'T REMEMBER THE DATE. WELL, I SENT THIS MEMO, IT WAS JANUARY 4TH. SO IN TWO MORE DAYS, WE'LL KNOW WHETHER ANYBODY FILED AN APPEAL SEEKING A REVIEW. I'D BE SHOCKED IF NOBODY DID. AND THEN SOME MORE TIME WILL GO BY BEFORE WE SEE WHETHER THE SUPREME COURT ACCEPTS IT. SO REALLY, BY THE TIME WE WOULD NEXT MEET, YOU WOULD KNOW WHETHER IT WAS IN FRONT OF THE SUPREME COURT OR NOT, AND THEN ASSUME ANOTHER WEIGHT OF CLOSE TO A YEAR, UH, BEFORE YOU GET THE ACTUAL DECISION OF THE SUPREME COURT. SO, UM, OBVIOUSLY IT'S A MUCH TALKED ABOUT CASE MUNICIPALITIES AND AUTHORITIES AND PEOPLE ARE TRYING TO FIGURE OUT WHERE THEY ARE. AND IT'S ANOTHER UNFUNDED, YOU KNOW, MANDATE FOR THESE MS FOUR REQUIREMENTS. SO PEOPLE, MUNICIPALITIES DEFINITELY WANT TO DO SOMETHING ABOUT THIS, BUT RIGHT NOW EVERYBODY'S A LITTLE BIT UNSURE ON, YOU KNOW, WHICH WAY IT'S GOING TO GO. UM, AUTHORITIES CAN DO IT. I MEAN, A FEE, THE AUTHORITIES ACT WAS ALSO SPECIFICALLY CHANGED TO ALLOW STORMWATER FEES. BUT THAT STILL BEGS THE QUESTION, THEY WERE AUTHORIZED TO ENACT STORMWATER FEES. BUT IF THIS CASE MEANS IT'S ATTACKED BASED ON THE WAY IT'S IMPOSED, THEN AUTHORITIES WOULD BE STUCK TOO. LIKE RIGHT NOW, THE, THAT DECISION APPEARS TO BE APPLIED GLOBALLY, EVEN IF YOU WERE AN AUTHORITY THAT THE TOWNSHIP FULLY EMPOWERED TO DIRECTLY CHARGE IT. UNDER THIS CASE, YOU WOULDN'T AS OF TODAY BECAUSE IT'S A TAX, WHICH THEN YOU CAN'T APPLY IMPOSE BECAUSE IT'S, YOU DON'T HAVE TAXATION AUTHORITY. SO, UM, HEY JOE, I'M JUST CURIOUS WHAT'S HAPPENING TO THE AUTHOR LIKE DAIRY TOWNSHIP AND SOME OF THESE AUTHORITIES THAT HAVE ALREADY ENACTED IT. ARE THEY GONNA HAVE TO REFUND THAT TO, UM, THE NONPROFITS WHO HAVE BEEN ASSESSED? I'M JUST CURIOUS HOW THAT'S SHAKEN OUT. I THE LEGAL CIRCLES. SO RETROACTIVITY IS THAT, THAT YOU'RE TALKING ABOUT RETROACTIVE APPLICATION OF THE DECISION? THAT'S ANOTHER VERY COMPLICATED AREA OF THE LAW. THE OPINION DIDN'T DECIDE THAT BECAUSE IT, THAT WESTCHESTER REFUSED FROM THE JUMP TO PAY. THE UNIVERSITY REFUSED TO PAY. SO THEY DIDN'T, THERE WERE NO PAYMENTS AT ISSUE. BUT THAT'LL BE ANOTHER THING TO FIGURE OUT. MM-HMM. , FORTUNATELY, WE'RE NOT DOWN. THAT'S A ROAD. THAT'S NOT YOUR ROAD. YEAH. RIGHT. SO WHAT WE HAVE ARE MUDDY WATERS. VERY MUDDY. YEAH. VERY MUDDY, VERY MUDDY WATERS. UM, GO AHEAD JOE. I'M SORRY. WELL, YOU KNOW, IO DON'T, IN THE END, WHAT I'M LEAST SURE ABOUT IS WHAT COULD YOU SAY ABOUT ALL THESE THINGS THAT YOU COULDN'T SAY ABOUT, UM, SANITARY SEWER FEES? YOU KNOW, THE, THE ANALYSIS THEY APPLIED TO CALL IT A TAX TO, TO THESE STORMWATER FEES. COULD YOU APPLY IT TO ALL, ALL FEES AND THEN WHERE ARE YOU? SO THAT'S KIND OF WHY I'M HOPING FOR A SUPREME COURT DECISION ON IT. WELL, I THINK YOUR BOTTOM LINE IS CERTAINLY JUST HOLD OFF DOING ANYTHING FOR NOW. YES. IF, IF IT IS NOT APPEALED AND, AND THIS STANDS THEN WHAT WE JUST, IF IT'S, IF IT'S AS IT STANDS, THE SUPERVISORS WOULD HAVE TO, FIRST THEY WOULD HAVE TO DECIDE THAT THEY WERE WILLING TO IMPOSE IT AS A TAX, WHICH THEY MIGHT, YOU KNOW, DEPENDING ON HOW BIG THESE MS FOUR OBLIGATIONS BECOME, I MEAN, THEY MIGHT NOT HAVE A CHOICE, BUT OBVIOUSLY THEY WOULD RATHER COLLECT IT AS A FEE AND APPLY IT TO EVERYBODY TO, TO LEVEL OUT THE PLAYING FIELD. IF THEY, IF THEY CA IF THEY ARE GOING TO MOVE FORWARD WITH CHARGING IT AS A TAX, THEN THEY HAVE TO DECIDE WHETHER THE AUTHORITY SHOULD MAKE RECOMMENDATIONS TO THEM ON THAT TAX CHARTER. TECHNICALLY RIGHT NOW ONLY SAYS THAT YOU'RE AUTHORIZED AS A FEE. I DON'T KNOW IF THAT'S SPLITTING HAIRS OR NOT, BUT I WOULD GO BACK TO THE, YOU KNOW, THERE MIGHT BE A GREATER SENSITIVITY IN RECEIVING OUTSIDE INPUT REGARDING TAXATION THAN ON A FEE THAT'S SUPPOSED TO BE MORE TECHNICALLY ORIENTED TOWARDS THE ACTUAL COST OF IMPOSING THE PROGRAM. A TAX IS A, THEORETICALLY, IT'S, THAT'S HOW YOU RAISE MONEY, NOT HOW YOU ONLY CHARGE THE COST OF THE SERVICE PROVIDED. SO THEY WOULD HAVE TO MAKE THAT DECISION ON WHETHER TO FURTHER AMEND THE CHARTER, I THINK TO, TO ASK YOU FOR RECOMMENDATIONS ON THE TAX. THAT'S NOT WHAT YOU'VE EVER DONE BEFORE BECAUSE THE, THE STORM WATER WAS JUST A FEE. RIGHT. ANY, ANY QUESTIONS FOR JOE ON, ON THAT? JOE? [00:15:01] DOES ANYONE HAVE FILE'S APPEAL YET? DO YOU KNOW OF ANY? I, I CHECKED, UM, A FEW DAYS AGO. I DON'T, I DIDN'T SEE ONE, BUT SOMETIMES THERE'S ALSO A LAG IN HI IN SEEING IT ON THE DOCKET FROM WHEN THEY FILED IT. UM, BUT I'LL, YOU KNOW, NOW THAT WE'RE UP AGAINST 30 DAYS, UM, SATURDAY, MONDAY, I'LL CHECK IT FOR, YOU KNOW, AND SEE WHETHER ANYTHING WAS PUT IN. HAVE WE, UH, WOULD WE, UH, UH, UM, HAVE AN IDEA TO, TO, TO APPEAL OUR TOWNSHIP? WELL, I WOULD THINK WHAT YOU, WHEN YOU'RE NOT A, WHEN YOU'RE NOT DIRECTLY A PARTY TO A LAWSUIT, YOU CAN SOMETIMES APPEAL, YOU CAN INVOLVE YOURSELF AN APPEAL AS WHAT'S CALLED A FRIEND OF THE COURT AT AN AMICUS. YOU FILE AN AMICUS BRIEF. I WOULD, I WOULD THINK PSATS MIGHT DO THAT, BUT THEORETICALLY YOU COULD DO IT AS A SINGLE TOWNSHIP. I DON'T KNOW WHETHER YOU WOULD WANT TO SPEND THE MONEY TO PAY ME ON THE APPEAL. I DON'T KNOW THAT I WOULD BE GRANTED FRIEND OF THE COURT'S STATUS AS JUST ANOTHER SINGLE TOWNSHIP NON-PARTY. USUALLY THAT STATUS IS GRANTED TO LIKE ORGANIZATIONS THAT REPRESENT A BUNCH OF ENTITIES LIKE PSATS. IS THERE AN ORGANIZATION FOR SECOND CLASS TOWNSHIPS? YEAH, THERE'S PSATS AND THEN THERE'S ALSO THE MUNICIPAL AUTHORITIES, UM OH YEAH. ORGANIZATION TOO. YEAH. AND THEY MIGHT, THEY MIGHT DO THE SAME. THANKS. UH, ANYTHING ELSE FROM ANY OF THE STAFF ON THIS? JUST THAT THE MS FOUR OBLIGATIONS AND THE UNFUNDED MANDATE DOESN'T GO AWAY. IT'S STILL WITH US, SO YEAH, WE'RE WELL AWARE OF THAT. SO , UM, ALL RIGHT. I GUESS YOU'LL KEEP US INFORMED AS TO WHERE, WHERE THINGS GO AND, UH, WHAT WE NEED TO DO IN THE FUTURE. THANK YOU. ALRIGHT, [4. Discuss possible intermunicipal cooperation on stormwater and MS4 compliance activies] WE'LL THEN MOVE ON TO ITEM NUMBER FOUR, WHICH IS DISCUSS POSSIBLE INTERM MUNICIPAL COOPERATION ON STONEWATER AND MS FOR COMPLIANCE ACTIVITIES. I CAN JUST TAKE THAT. UM, BEFORE THIS COURT CASE CAME DOWN, UM, THERE WAS SOME INTEREST IN, UH, WITH SOME LOWER PROVIDENCE OFFICIALS. SINCE THE PERCHIK KIND OF, UH, BORDERS BOTH OF OUR COMMUNITIES, THERE'S A LOT OF, UM, SYNERGIES THAT WE SH THAT THEY THOUGHT WE COULD WORK AT TOGETHER IF WE WERE TRYING TO DO AN, SOME MS FOUR REMEDIATION. AND I THINK, UH, MIKE, DAVE LE HAD REACHED OUT. I DON'T KNOW IF HE HEARD ANYTHING. SO, SO THERE'S SOME INTEREST THERE. I JUST THOUGHT I'D PLANT IT, UH, PLANT THE SEED. UM, VERY PRELIMINARY DISCUSSIONS. SO I'LL, OKAY. THAT WAS JUST AN INQUIRY FROM YES. OFFICIALS IN LAW, PROVIDENCE. YEAH. YEAH. WAS THERE ANY INQUIRY FROM COLLEGE DRILL OR TRAP OR ANY OTHER MUNICIPALITIES? NO. NO. AND IT'S NOT THAT, NOT THAT THERE'S A LACK OF INTEREST THERE, IT'S JUST I KNOW THAT THEY HAVE A PRETTY ACTIVE V A C THAT JUST, UH, UH, UH, STARTED UP IN LOWER PROVIDENCE. I KNOW THE STORM WATER AND MITIGATION'S, UH, A TOP PRIORITY FOR THEM. I'LL KEEP YOU POSTED. ALL RIGHT. THANK YOU. UH, [5. Project Updates] WE'LL THEN MOVE ON TO PROJECT UPDATES. UM, AND I'LL TURN THAT OVER TO DON. THE TINDI RUN SANITARY SEWER PROJECT. THE PIPE WORK IS COMPLETE. THE CONTRACT WAS BASICALLY DONE. HE HAS TO JUST COME BACK AND RECEDED SOME AREAS IN THE SPRING. THE PUMP STATION IS MISSING A FEW ELECTRICAL COMPONENTS BECAUSE OF SUPPLY CHAIN ISSUES. SO THE VARIABLE FREQUENCY DRIVES THAT RUN THE PUMP, SO WILL NOT BE HERE UNTIL MARCH. AND OUR GENERATOR WAS SUPPOSEDLY SHIPPED ON MARCH 20, I MEAN JANUARY 24TH. AND IT IS LOST. OH GOSH. THAT'S A REAL SUPPLY CHAIN ISSUE. YES. THANKS. HERE'S A PICTURE OF THE COMPLETED PUMP STATION. LOOKS NICE WITH NO PANELS AND NO GENERATOR. STRUCTURE LOOKS NICE. , THERE'S ANOTHER PICTURE THERE. YOU WANNA GO ONE MORE? EXACTLY. YEAH, THERE IS. IT'S ALL FENCED IN. IT'S READY TO GO. OTHER THAN THE PANELS IN THE GENERATOR. SO WE'RE WAITING ON THE VENDOR FOR THE GENERATOR AND FEDEX WHO WAS SHIPPING IT, HAVE INVESTIGATORS, TRYING TO FIND OUT WHERE IT IS. THEY HAVE IT TRACKED TILL, I THINK IT WAS JANUARY 28TH AND THEN IT VANISHED. I MEAN, SO I DON'T KNOW HOW YOU LOSE A GENERATOR. GENERATOR'S PRETTY BIG. I DON'T KNOW. I HOPE, UH, NO MUNICIPALITY GOT IT AND INSTALLED IT SOMEWHERE. BUT, UH, SCARY THING IS THAT IT TOOK A YEAR TO GET THAT. SO IF WE HAD TO GET ANOTHER ONE. [00:20:04] SO THAT'S WE'RE AT WITH THAT PROJECT. OKAY. NO TRACKING NUMBER. THE GREENWOOD AVENUE SANITARY SEWER EXTENSION THAT IS DESIGNED, WE'RE WORKING AGAIN, THE PEN PENDA PERMIT, BUT THE TOWNSHIP HAS APPLIED FOR A GRANT TO CONSTRUCT IT. AND THE GRANT PEOPLE SAID THEY WON'T DETERMINE WHO GETS THE GRANTS UNTIL MIDDLE OF JUNE, EARLY JULY. SO WE'RE HOLDING OFF TO DO ANYTHING UNTIL WE GET THE GRANT. CAUSE WE CAN'T START CONSTRUCTION. WE HAVE TO GRANT. CAUSE IF WE DO, THEN WE CAN'T USE THE GRANT MONEY TO PAY FOR THE PROJECT. WE HAVE TO HAVE THE MONEY IN HAND TO USE IT. SO THAT'S IN A HOLDING PATTERN UNTIL WE SEE IF WE GET THE GRANT OR NOT. TOWNSHIP LINE, SANITARY SEWER EASEMENTS THAT'S ON HOLD DUE TO AN EASEMENT ISSUE WITH, UH, 18 NORTH TOWNSHIP LINE. THE OWNER HAS SOLD THE PROPERTY, UH, TH THROUGH A LEASE TO PURCHASE AND WILL NOT SIGN THE EASEMENT. WE WILL TALK TO THE NEW FUTURE HOMEOWNER AFTER SETTLEMENT, WHICH SHOULD BE SOMEWHERE DECEMBER OF THIS YEAR. THAT'S A LONG WAYS OFF . OKAY. GUMS ROAD CULVERT UPGRADES. TIM, IF YOU BACK THAT UP, I'VE GOT SOME SLIDES UP THERE FOR YOU TO SEE A LITTLE FURTHER, UH, TOO FAR. SO HERE'S THE GUMS ROAD CULVER PROJECT. UH, WE'RE PRETTY WELL ALONG HERE. IF YOU GO TO THE NEXT SLIDE, THERE'S THE COMPLETED PIPE. THAT'S THE, UH, THAT'S WHERE THE WATER GOES INTO THE PIPE. WE HAVE THAT HEAD WALL. WE'RE WAITING ON THE END WALL TO FINISH ON THE OTHER SIDE. THE ROAD BED'S BEEN RESTORED. WE DON'T HAVE IT OPEN TO TRAFFIC YET BECAUSE WE DON'T HAVE GUARDRAIL UP. WE CAN'T PUT THE GUARDRAIL UP TILL THE END WALL IS ON THE OTHER END OF THE PIPE. UM, TO, AT THIS POINT WE'RE STARTING TO ROCK LINE THE BANKS ON EITHER SIDE OF IT. AS YOU CAN SEE, THAT PIPE IS A LARGE PIPE. THE OTHER PIPE WAS 36 MM-HMM. . AND THIS PIPE IS NOW 60 INCH. SO I WOULD EXPECT OF THE NEXT COUPLE WEEKS WE'LL BE SUBSTANTIALLY COMPLETE AND THE ROAD WILL BE BACK OPEN. THAT'S ALL I HAVE FOR MATT. YOU THINK THIS WILL BE, UH, THIS WILL SOLVE A LOT OF THE PROBLEMS. GUMS ROAD, LET'S PUT IT THIS WAY, THE WATER IS NOT GONNA BE RESTRICTED IN ANY WAY TO GET THROUGH THERE. YEAH, IT'S GONNA, IT'S GONNA FIND ITS WAY THROUGH THERE VERY QUICKLY. IT'S ACTUALLY SUPPOSED TO DOUBLE THE SIZE OF THE PIPE. SO, UM, I THINK IT'S GONNA WORK WELL AS A STARTING POINT FOR WHAT WE WANT TO DO ANYWHERE DOWN THERE IN THE OAKS GARDENS AREA, IN MY OPINION, AND I'M SURE MIKE AGREES THIS NEEDED TO BE DONE BEFORE ANYTHING ELSE COULD BE DONE, ADDING ANY KIND OF INLETS OR ANY KIND OF STORM STRUCTURES ANYWHERE ELSE IN THAT AREA, THIS IS THE FINAL PLACE THAT IT HAS TO GET THROUGH FROM THIS POINT ON. THAT PIPE IS THAT SIZE ALL THE WAY TO THE RIVER. SO THIS WAS A CHOKE POINT BEFORE IT GOT TO THE BIGGER PO OR BIGGER PIPE. SO YES, I BELIEVE THIS IS GONNA HELP QUITE A BIT. THANKS TOM. DONE THE VE AND MIDDLE INTERCEPTOR, THAT PROJECT IS COMPLETE. THE PIPE'S ON THE GROUND, IT'S OPERATIONAL. THE ONLY THING THERE WE HAVE TO, WE, WE HAVE A PERMIT THAT HAS TO GET SIGNED OFF ON AND TO GET THE PERMIT SIGNED OFF ON THE GRASS HAS TO GROW. SO WE'RE WAITING FOR IT. THE SPRING THAT THE GRASS GROWS AND THE CONSERVATION CIRCUIT IS HAPPY, THEY'LL SIGN THE PERMIT OFF AND THEN THE PROJECT'S TOTALLY DONE. THE KEOKUK OUTFALL PROJECT, WE ARE IN THE PROCESS. WE MEANING GILMORE ASSOCIATES OF OBTAINING GEOTECHNICAL DATA AND DOING A SURVEY AROUND IT SO WE CAN REPLACE THAT N WALL ONCE WE GET THE INFORMATION. WE'RE WORKING ON THE DESIGN OF THE NEW N WALL FOR THAT CULVERT. SO THAT PROJECT WILL PROBABLY GO SOMETIME LATER IN THE YEAR. IS THAT, IS THAT THE ONE CLOSE TO SOUTH LOUIS ROAD? YES. YES. OKAY. OKAY. AND ANYTHING ELSE? THAT'S ALL I HAVE. ANY QUESTIONS ON ANY OF THOSE PROJECTS FROM ANYBODY? [6. FEMA Buyouts - Stormwater Mitigation] HEY, WE CAN MOVE ON TO FEMA BUYOUTS. JUST TO GIVE EVERYBODY, UH, BRING EVERYBODY UP TO SPEED. THIS HAS BEEN GOING, UH, ON, UH, THROUGH, ON MOLASSES. UH, AS FAR AS TRYING TO GET THE FEMA BUYOUTS FROM, UH, FROM THE FEDS. WE HAVE ABOUT AROUND 40 PEOPLE, UM, THAT HAVE GOTTEN THE BUYOUTS, UH, AUTHORIZED, UH, FROM FEMA. FEMA IS NOW GOING THROUGH WHAT'S CALLED A HISTORICAL SURVEY OF THE AREAS. UM, WE'RE, WE'RE GETTING A LOT OF, UH, WE'RE HEARING THAT THEY'VE APPROVED SOME OF THE PROJECTS IN PERION. A LOT OF THE OTHER TOWNS WHERE WE'VE HAD ONE OR TWO PROJECTS. UM, THE PRO TOWNS THAT HAVE HAD, UH, SUBSTANTIAL BUYOUTS, UH, [00:25:01] EXCEEDING 30 HOMES, UM, WE'RE FINDING THAT, UM, THEY'RE TAKING A BE, UH, UH, THEY'RE CONCERNED ABOUT THE OVERALL IMPACT IT MIGHT HAVE ON THE HISTORICAL INTEGRITY OF THE, OF THE NEIGHBORHOODS, BUT WE DON'T, IT'S, WE DON'T ANTICIPATE THAT IT'S GOING TO, UM, UH, RESULT IN ANY DENIAL OF THE FUNDS. IT'S JUST DELAYING THE PROCESS. AND, UM, UH, EVERY FEMA CALL THAT BRIAN AND I HAVE, THERE'S AT LEAST 10 OR 15 FEMA OFFICIALS ON THE, UH, CHECKING BOXES. UH, WE HAVE A LOT OF FRUSTRATED RESIDENTS. I KNOW THE SUPERVISORS ARE, WE'RE ALL A LITTLE FRUSTRATED AT THE SLOW PACE THAT IT'S GOING, BUT WE'RE HOPING THAT WE'LL START CLOSING ON SOME OF THESE HOMES THIS YEAR. I ACTUALLY HAD, UH, I WAS SCHEDULED FOR THE FIRST SETTLEMENT LAST WEEK. WE HAD TO POSTPONE IT TO GET SOME UPDATED PAYOFF NUMBERS FOR THE HOME. BUT IT'S, UH, 2 0 1 CANAL AND IT'S SCHEDULED, IT'S, UH, PENDING FOR SETTLEMENT WITHIN ANY DAY NOW. MM-HMM. , THAT'LL BE THE FIRST ONE. MM-HMM. . OKAY. ARE, ARE ALL OF THESE CONCENTRATED IN, IN THAT PORT PROVIDENCE? MONT? YES. CLEAR? YES. WELL, UH, MONTCLAIR PORT PROVINCE, YEAH. PORT PRO. THEY'RE ALL IN THE, UH, FLOODPLAIN, UH, AREA. WHEN THE, WHEN THESE THINGS ARE DOWN, DOWN, ALL OF THEM HAVE BEEN RAISED. WE'RE GONNA HAVE SUBSTANTIAL SUB SUBSTANTIAL, UM, UM, AREAS THAT WE CAN MITIGATE FROM STORMWATER. SO THERE'LL BE SOME, UH, IT'LL BE A, A POSITIVE THING AS FAR AS, UM, STORM WATER MITIGATION, BUT GETTING THERE AND RAISING THE HOMES AND, AND DOING THAT'S, UH, IS A LONG PROCESS. THAT'S WHAT I WAS GONNA ASK. WHAT HAPPENS AFTER THEY BUY OUT? SO YOU'RE JUST GONNA JUST LIKE TEAR EVERYTHING DOWN AND THEN REBUILD WITH, YOU KNOW, NO, NO. THERE WON'T BE ANY REBUILDING. IT'LL BE, UH, THEY'RE DEED RESTRICTED FOR PERMANENT OPEN SPACE. OKAY. ALRIGHT. SO MORE LIKELY IT'LL JUST BE NATURALIZED DOWN THERE, WHAT, WHAT, WHAT OUR PLAN WOULD LIKE TO BE. AND THE TOWNSHIP WILL ACTUALLY OWN THE GROUND, CORRECT? THAT'S CORRECT. AND IT'LL BE DEED RESTRICTED FOR, UH, NO ACTIVE RECREATION, BUT IT'LL WILL CERTAINLY BE ABLE TO RECLAIM SEVERAL ACRES OF OPEN SPACE. AND WHAT WE DO WITH THAT, I THINK IT WILL BE A PA IT'LL WANNA HAVE IT FOR SOME TYPE OF PASSIVE USE. I'M SURE WE'LL BE GETTING SOME, UH, INTERESTING IDEAS ON WHAT TYPE OF THINGS TO PLANT THERE AND, AND THAT, BUT IT'LL CHANGE THE, IT'LL CERTAINLY CHANGE THE, UM, THE, THE TEXTURE OF MONTCLAIR. MM-HMM. . UH, I THINK THAT'S ONE THING THAT HAS THE, HAS THE FEDS CONCERNED IS ABOUT, IS HOW MUCH WILL IT IMPACT THE, UH, INTEGRITY. BUT THE IRONY IS THAT THOSE HUMS SHOULDN'T BE IN THE FLOODPLAIN IN THE FIRST PLACE. OKAY. UM, WE'LL KEEP YOU POSTED ON THAT. OKAY. THANK YOU. ANYTHING ELSE ANYBODY HAS? YES. SO, UM, AS THE MUNICIPAL AUTHORITY MEMBER ON THE EAC, UM, AT OUR LAST MEETING THERE WAS, UH, DISCUSSION OF, UM, POTENTIAL PROJECTS, UM, FOR THE EAC AND, AND A TOWNSHIP. AND ONE OF THE THINGS THAT WAS BRIEFLY DISCUSSED, UM, WAS ABOUT, UM, UH, RETENTION BASINS. AND JEFF HAD MENTIONED THAT, UM, AND, AND I KIND OF CHIPPED INTO, UM, THAT LIKE THE TOWNSHIP THAT THE PUBLIC WORKS WERE STARTING TO LOOK AT THE RETENTION BASINS, UM, THROUGHOUT THE TOWNSHIP. AND I JUST SAID THAT I WOULD ASK AT THIS MEETING FOR AN UPDATE TO TAKE BACK TO THAT MEETING , IF THERE'S LIKE, BASICALLY LIKE WHAT IS, WHAT IS PUBLIC WORKS DOING AS FAR AS THAT? AND THEN WHAT CAN, IF ANYTHING, THE EAC DO TO ASSIST. SO OUR PLAN LOOKING FORWARD, WE'VE TALKED TO MIKE FROM GILMORE AND, UH, JEN FROM GILMORE. AND WE'RE GONNA PROVIDE PLANS FOR ALL THE BASINS. WE'RE GONNA PICK A GROUP OF BASINS. WE'RE LOOKING AT STARTING DOWN IN THE AREA OAKS AND WORKING OUR WAY UP AROUND AND THROUGH THE TOWNSHIP, STARTING IN OAKS WITH MAYBE 15 AT A TIME. UM, CAUSE IT'S GONNA TAKE SOME TIME TO DO THIS. IT'S GONNA HAPPEN, IT'S GONNA TAKE QUITE A BIT OF TIME. WE HAVE A LOT OF BASINS, WE HAVE MANY BASINS. SO WE'RE GONNA START DOWN THERE IN OAKS AND WORK OUR WAY UP THROUGH THERE. UM, I WAS HOPING TO GET FROM OAKS, THE TOWNSHIP, YOU KNOW, DOWN EGYPT ROAD ALL THE WAY TO 29 AND THERE'S WAY MORE BASINS IN THERE THAN 15. SO WE MIGHT HAVE TO SPLIT THAT UP TWICE AND DO 15 THIS YEAR. 15. THEY'RE ALL PRIVATELY OWNED ALSO, RIGHT? OR YES. MAJORITY OF 'EM, YES. OKAY. EITHER BY AN YES. OKAY. ANYTHING ELSE FROM EAC, BILL? UM, ANYTHING ELSE YOU WANNA ASK? I KNOW THE EAC, THEY'RE ALSO LOOKING AT GRANTS. THERE'S A LOT OF GRANTS FOR, THERE'S THE REVITALIZED GRANTS. THERE'S A LOT OF, UM, SPECIFIC, UM, PROGRAMS [00:30:01] OUT THERE THAT, UM, WE'RE TRYING TO GET THAT ARE BASIN FOCUSED ON NATURALIZING BASINS. SO, YEAH. AND, AND ONE OF THE THINGS I REALLY, THAT WE HAD TALKED ABOUT WAS, UM, ONCE STUFF IS FIGURED OUT, YOU KNOW, LIKE SOME SORT OF LIKE OUTREACH OR, OR EDUCATION TO THE HOMEOWNERS ASSOCIATIONS AND HOMEOWNERS THAT LIKE, HEY, THIS IS HOW YOU SHOULD BE MAINTAINING IT TO MAKE SURE THAT IT DOESN'T FAIL WORKS. COOL. THANK YOU. OKAY. WELL THANK YOU FOR REPRESENTING US ON THE, UH, EAC. THANKS. ANYTHING ELSE TO ADD TO THE AGENDA? HEARING NOTHING DEMEANING IS ADJOURNED. THANK YOU ALL. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.