Link


Social

Embed


Download

Download
Download Transcript


[00:00:01]

OKAY.

BEING THE APPOINTED, BEING THE APPOINTED HOUR, I'M GONNA, UM,

[CALL TO ORDER]

THIS IS THE REORGANIZATION MEETING OF THE MUNICIPAL AUTHORITY, UH, THURSDAY, FEBRUARY 5TH.

HAPPY NEW YEAR, EVERYBODY.

UH, IF WE COULD, UM, UH, WELL, IT'S NOT ON HERE, BUT WE'RE GONNA DO IT ANYWAY.

THE PLEDGE OF ALLEGIANCE.

YEAH.

SO, PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.

AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY.

I JUSTICE FOR ALL.

I'M GONNA GO AHEAD AND HAVE

[1. Election of chair]

NOMINATIONS FOR THE ELECTION OF CHAIR, PLEASE.

CONSIDERING WE ONLY HAVE, WE HAVE A QUORUM.

WE HAVE THREE PEOPLE.

SAME.

THREE.

I MOVE TO NOMINATE KEN HUGHES AS CHAIR.

WE HAVE A NOMINATION FOR KEN HUGHES AS CHAIR.

DO WE HAVE A SECOND? NO, SECOND.

SECOND.

UM, UM, ALL IN FAVOR FOR KEN HUGHES AS CHAIR.

AYE.

AYE.

AYE.

VERY GOOD.

MY DUTY IS DONE.

YOU DON'T WANNA DO VICE CHAIR? THANK YOU.

CONGRATULATIONS.

THANKS.

I THINK, UH, OKAY.

WE WILL MOVE ON TO THE ELECTION.

I WILL MOVE ON

[2. Election of vice-chair]

TO THE ELECTION OF A VICE CHAIR.

UH, WHILE YOU A NOMINATION, I NOMINATE LORI HIGGINS AS VICE CHAIR.

I'M NOT SURE, UH, JOE BRESNAN IS TALKING ABOUT.

YOU COULD BE IT FOR A WHILE.

YOU CAN BE IF, UH, I THINK OKAY.

WE CAN ALWAYS DO IT LATER.

IT DOESN'T MATTER.

I'M, I'M STANDING OUT OF IT, SO YEAH.

WE CAN REORGANIZE IT ANY TIME.

OKAY.

OKAY.

I'LL SECOND IT.

UH, ALL ALL IN FAVOR OF LAURIE HIGGINS FOR VICE CHAIR.

AYE.

AND YOU OPPOSED? ABSTENTIONS.

MOVE ON.

UM, WE NEED TO

[3. February 5, 2026 Municipal Authority Reorganization and Regular Meeting Agenda]

NEXT APPROVE THE AGENDA FOR TONIGHT.

SO MOVED.

SECOND.

SECOND.

OKAY.

IT'S BEEN MOVED AND SECONDED.

ANY COMMENTS ON ANYTHING? ALL IN FAVOR, PLEASE SAY AYE.

AYE.

AYE.

ANY OPPOSED? ABSTENTIONS? OKAY, WE'RE DONE.

WE DID IT.

UH, PUBLIC COMMENT.

I DON'T SEE ANY PUBLIC, SO I GUESS WE DON'T HAVE TO DO THE PUBLIC COMMENT.

UM, PROVE

[4. October 2, 2025 Municipal Authority meeting minutes]

THE ADMISSIBLE AUTHORITY.

MINUTES OF THE LAST MEETING, WHICH WAS OCTOBER 2ND, 2025.

SO MOVED.

SECOND.

UH, MOVED.

AND SECOND.

ANY DISCUSSION? HEARING NONE.

ALL IN FAVOR, PLEASE SAY AYE.

AYE.

AYE.

ANY OPPOSED? ANY ABSTENTIONS? THEY'RE APPROVED.

WE'RE MOVING RIGHT ALONG HERE.

UH, NEXT ITEM IS

[5. Update from Authority Engineer on MS4 compliance activites]

THE UPDATE FROM OUR ENGINEER ON MS FOUR COMPLIANCE ACTIVITIES.

MIKE, I HAVE NO UPDATE.

NOTHING'S CHANGED SINCE LAST YEAR.

, THAT WAS THE SHORTEST REPORT YOU EVER GAVE.

IT'S USUALLY JEN'S JOB, BUT SHE'S NOT HERE TONIGHT.

BUT WE SHOULD SAY THAT WE DID HAVE, UM, UCCI WAS OUT HERE WITH DEP.

THEY DID AN AUDIT RIGHT.

FOR THE MS FOUR, IS THAT CORRECT? THEY DID AN INSPECTION, INSPECTION, INSPECTION, INSPECTION STUFF WE DID ALONG THE STREAM.

BANK RESTORATION, GREENWOOD AVENUE.

EVERYTHING WAS EVERYTHING.

EVERYTHING WAS A OKAY.

VERY GOOD.

AT LEAST TO HAVE SOME GOOD NEWS.

OKAY.

THAT'S GOOD HERE.

GOOD.

GLAD TO HEAR THAT.

UH, IF THERE'S NOTHING ELSE, WE WILL MOVE

[6. Receive update on current and pending water/sewer projects]

ON.

RECEIVE AN UPDATE ON THE CURRENT AND PENDING, UM, PROJECTS.

OKAY.

THE SECOND AVENUE FORCE MAIN PROJECT, WE ARE, I BELIEVE WE DID GET A GRANT, OR WE'RE ON THE LIST FOR THE GRANT.

YEAH.

WE DID GET A, A GRANT THROUGH THE FEDERAL, UH, COMMUNITY DIRECT SPENDING PROGRAM.

IT'S A FEDERAL EARMARK THROUGH MADE AND DEAN'S OFFICE.

SO WE GOT ABOUT A MILLION, UH, MILLION ONE.

YEAH.

MILLION ONE.

IT'S LIKE ALMOST 1,000,001.

UM, UH, I THINK THAT'S GOOD NEWS.

THE, THE POTENTIAL CHALLENGE ON THIS IS, AM I CORRECT THAT THIS COMES UNDER EPA RULES AND NOT, NOT DEP RULES? AND I THINK THERE'S SOME, WE'RE WE'RE GONNA BE HAVING A MEETING WITH THE EPA.

EPA MAY HAVE SOME DIFFERENT RULES AND REGULATIONS.

YES.

WHICH WE NEED.

THE, THE EXISTING PIPE IS ASBESTOS CEMENT, WHICH WE WERE NOT TOUCHING.

WE WERE PUTTING A PARALLEL PIPE DOWN SECOND AVENUE, SO WE DIDN'T HAVE TO TOUCH THE ASBESTOS CEMENT.

MM-HMM .

MM-HMM .

AND DEP WAS OKAY WITH THAT.

AS LONG AS WE CA THE ENDS AND MADE IT LEAK PROOF OR THEN DIDN'T TAKE IN GROUND WATER.

IF EPA GETS INVOLVED, THEIR MODE OF OPERATION IS USUALLY THEY WANT YOU TO REMOVE ALL THE ASBESTOS CEMENT, WHICH IS A MIGHTY COSTLY PRO PROJECT

[00:05:01]

BECAUSE YOU GOTTA DIG IT UP.

YOU GOTTA CUT IT WITH WATER SAWS.

YOU GOTTA BE IN THE PROTECTIVE SUITS.

YOU GOTTA WRAP IT IN SPECIAL PLASTIC, TAKE IT TO A SPECIAL LANDFILL AND RID IT.

AND THERE'S LIKE ALMOST A MILE OF THAT.

SO THAT'D BE KIND OF EXPENSIVE.

SO WE HAVE A, I BELIEVE IT'S, IT WAS SUPPOSED TO BE NEXT TUESDAY, BUT IT'S GONNA BE RESCHEDULED WITH BRIAN COULDN'T MAKE THAT MM-HMM .

WITH EPA TO SEE WHAT THEY'RE GONNA MAKE US DO.

SO IT'S UP IN THE AIR UNTIL WE GET A MEETING WITH EPA OR PHONE CONVERSATION.

SO THE GOOD NEWS IS WE GOT A GRANT.

UH, THE POTENTIAL BAD NEWS IS THERE'S A BIG STRING ATTACHED TO IT.

SO WE, WE WILL SEE, UH, WHERE THAT, WHERE THAT GOES.

RIGHT.

THE WAY THE GRANT WORKS THOUGH, WE'RE ON THE LIST, BUT THEN WE HAVE TO MEET ALL THOSE EPA REQUIREMENTS.

RIGHT.

WE GOTTA, WE GOTTA PUT AN APPLICATION INTO THE EPA FOR THEM TO APPROVE, FOR US TO GET THE MONEY.

MM-HMM.

MR. CHAIR, CAN I ASK A QUESTION? SURE.

THANK YOU.

SO DOES THE STRING ONLY COME IF WE TOUCH THE MONEY? IF WE DON'T GET THE MONEY, WE DON'T HAVE TO DO, WE DON'T HAVE TO REMOVE THE, I GUESS THE QUESTION IS, IF WE GET THE GRANT, UM, DOES, IS THE COST OF REMOVING THE ASBESTOS MORE THAN THE GRANT, RIGHT.

IF THAT'S THE CASE MM-HMM .

THAT'S I GOING, THEN WE JUST DON'T TAKE THE GRANT AND MOVE FORWARD.

SO IF WE DON'T USE THE GRANT MONEY, WE WOULD GO BY WHAT DEP DID DURING OUR PLANNING STAGE.

AND D P'S NOT MAKING US REMOVE IT SO WE WOULDN'T HAVE TO REMOVE IT.

MM-HMM .

BUT IF WE USE THE GRANT MONEY, WE MAY NOT HAVE TO REMOVE EPA COULD SAY WE'RE NOT TOUCHING IT, JUST LEAVE IT IN THE GROUND AS IT IS.

RATHER, WE DON'T KNOW YET.

DIG IT UP, MIKE.

IF WE DID HAVE TO DO THAT, DID, HAS THERE, HAS THAT BEEN COSTED OUT? I KNOW IT HAS NOT.

I KNOW IT'S EXPENSIVE.

I BEEN, WE HAVE NOT ACTUALLY COSTED IT OUT, BUT I KNOW IT'S MIGHTY EXPENSIVE BECAUSE OF A PROJECT I DID A FEW YEARS AGO IN ANOTHER TOWNSHIP.

MM-HMM .

WOULD, WOULD AN ALTERNATIVE BECAUSE ALL MY ASBESTOS INFORMATION IS FROM WATCHING THIS OLD HOUSE, YOU KNOW, AND HOW THEY REMOVE IT.

, YOU KNOW, .

SO, UH, WOULD ONE POSSIBLE SOLUTION BE, RATHER THAN TO REMOVE IT, TO ENCASE IT IN CONCRETE? LIKE IF WE WERE TO JUST PUT IT IN CONCRETE THE WHOLE WAY, THIS WAY, YOU KNOW, OR SPRAY IT WITH RUBBER FIRST AND THEN I, 'CAUSE I MEAN THEY'RE LOOKING AT GROUNDWATER RUNOFF, RIGHT.

AND NO, THEY'RE JUST LOOKING AT THE FACT THAT IT'S A SPTO CEMENT PIPE IN THE GROUND.

RIGHT.

AND IF THAT NEEDS TO COME OUT AND IF IT LEACHES WATER RIGHT.

COULD CARRY THE ASBESTOS INTO THE GROUNDWATER.

RIGHT.

I GUESS.

I DON'T KNOW WHAT THEY LOOK AT EXACTLY.

I JUST KNOW THAT WE WERE IN THE SAME TRENCH THE LAST JOB I DID.

SO WE HAD TO REMOVE IT.

MM-HMM .

KNOWING THAT WE PUT THE NEW FORCE MAIN SIX FEET, FIVE FEET, SIX FEET AWAY OUT INTO THE ROAD.

SO WE DIDN'T GET ANYWHERE NEAR IT.

RIGHT.

AND DEP WAS HAPPY WITH THAT.

OKAY.

SO EPA, THEY MAY SAY, SINCE WE'RE NOT TOUCHING IT, WE DON'T HAVE TO TOUCH IT.

THEY'RE FINE WITH EEP, WITH D P'S REGULATIONS.

OKAY.

BUT WE WON'T KNOW THAT TILL WE TALK TO 'EM.

AND THEN ONCE WE TALK TO 'EM, I GUESS THEN WE CAN TALK ABOUT OTHER OPTIONS.

RIGHT.

BUT STILL EVEN TO HAVE TO DIG IT ALL UP TO COVER IT WITH CEMENT, IT, IT'S A MILE LONG, IT'S MIGHTY EXPENSIVE, AN EXTRA TRASH AND IT GOES THROUGH PEOPLE'S FRONT YARDS, WOULD'VE TO TAKE TREES DOWN.

THERE'S UTILITY POLES IN THE WAY AND ALL KINDS OF STUFF.

WOW.

OKAY.

BECAUSE IT'S RIGHT ALONG THE EDGE OF THE ROAD.

YEAH.

IT'S ALREADY BURIED, SO WHY DISTURB IT.

RIGHT.

RIGHT.

OKAY.

THANK YOU.

DID, DO YOU HAVE ANY IDEA WHEN WE MIGHT KNOW THE ANSWER? WE WERE SUPPOSED TO TALK NEXT WEEK ON TUESDAY, BUT BRIAN HAD SOMETHING COME UP THAT HE CAN'T MAKE THAT MEETING.

SO WE ARE NOW WORKING ON WHAT AVAILABILITY WE HAVE THE FOLLOWING WEEK TO HAVE THE CONVERSATION WITH DEP.

OKAY.

SO I MEAN, WE'RE IT YOU EEP IT'S GOING TO HAPPEN REAL FAST, MEANS P YEAH.

WE'RE NOT GONNA LEAVE IT SIT THERE 'CAUSE WE NEED TO GO ANSWERS, BUT IT'LL BE WITHIN THE NEXT TWO WEEKS PROBABLY.

OKAY.

ANY FURTHER DISCUSSION ON THAT? NOPE.

OKAY.

GO AHEAD.

OKAY.

THE SEWER ON EAST LINFIELD TRAP ROAD IN SPROUSE CIRCLE, THE PLANNING DOCUMENT IS AT THE TOWNSHIP BUILDING FOR PUBLIC REVIEW.

IT'S UNDER THE 30 DAY ADVERTISEMENT PERIOD, WHICH I THINK IS ALMOST OVER.

AND ONCE IT'S ADVERTISED, I MEAN IT'S ADVERTISED ONCE THE ADVERTISEMENT PERIOD ENDS, WE THEN TAKE ANY COMMENTS THAT THE PUBLIC HAD AND ADDRESS THEM.

IF THERE'S NO COMMENTS, WE JUST PUT A FORM IN THERE SAYING THERE WAS NO COMMENTS.

WE SEND IT TO THE SUPERVISORS FOR THEM TO SIGN THE RESOLUTION AND IT GOES INTO DEP FOR APPROVAL.

AND WE DID GET A GRANT FOR THIS.

WE DID A SMALL WATER AND SEWER GRANT, $400,000.

SO ONCE WE GET IT INTO IT, IT, WE HAVE TO SURVEY THE ROADS AND STUFF RIGHT NOW AND WE GOTTA WAIT FOR SOME SNOW TO DISAPPEAR TO BE ABLE TO DO THAT.

BUT THEN WE'LL DO THE FINAL DESIGN AND HOPEFULLY BE UNDER CONSTRUCTION BY THE END OF THE YEAR IF EVERYTHING

[00:10:01]

GOES WELL WITH DEP WITH THEIR PLANNING REVIEW.

WHICH IT SHOULD.

BECAUSE I'VE BEEN IN CONTACT WITH DEP THE WHOLE TIME.

I WAS DOING THE PLANNING DOCUMENT, ANSWERING ALL THEIR QUESTIONS THAT WE WENT ALONG WHAT THEY NEEDED IN THERE.

SO, MR. CHAIRMAN.

YEAH.

SO, UH, WAS THAT A STATE GRANT OR A FEDERAL GRANT? THAT'S A STATE GRANT.

STATE GRANT.

STATE GRANT.

AND HOW, WHAT'S THE TOTAL COST OF THE PROJECT? 1.6 MILLION.

OKAY.

THANK YOU.

UH, ANY OTHER COMMENTS OR QUESTIONS ON THAT MOVE ON THE SANITARY SEWER INTERCEPTING LINING PROJECT? UM, ARE WE, HAVE WE DETERMINED WHERE WE'RE STARTING WITH THAT? WELL, WE GOTTA START ON JACOBS, RIGHT? JACOBS STREET GET ON 29.

SO WE CAN DO THAT IN ONE SHOT SO WE DON'T HAVE TO CROSS 29 TWICE RIGHT.

WITH THE INTERCEPTOR LINE PROJECT.

AND THEN WE'RE GOING TO GO DOWN.

BUT THAT'S GONNA START SOMETIME THIS YEAR.

YES.

IT JUST HASN'T BEEN DETERMINED THE EXACT START.

SO CAN CAN YOU GIVE US A LITTLE MORE INFORMATION ABOUT THE EXTENT OF THAT, WHERE IT IS? WELL, THE FIRST PART WE'RE GONNA DO IS JACOB STREET DOWN THROUGH WALNUT STREET BECAUSE WALNUT STREET IS UNDER DESIGN TO BE RECONSTRUCTED.

TOTALLY.

SO WE WANT TO GET THAT IN.

AND THEN I BELIEVE WE'RE GONNA MOVE UPSTREAM TO DO AN AREA THAT THERE WAS A LEAK SO WE CAN SEAL THAT LEAK, WHICH I THINK WE ALREADY DID SEAL IT, BUT THERE'S OTHER AREAS UP THERE THAT MAY BE IN BAD SHAPE THAT WE'RE GONNA SEAL FIRST.

AND I THINK WE'RE GONNA WORK FROM THERE DOWN TOWARDS THE TREATMENT PLANT.

OKAY.

OKAY.

ANYTHING ELSE ON THAT QUESTIONS? COMMENTS? OKAY, KEEP GOING.

CIDER MILL ROAD, STORM PIPE REPLACEMENT PROJECT SINCE THE BLACKROCK ROAD CULVERT IS FINISHED, THAT PROJECT'S DONE.

WE ARE GOING TO PUT THIS OUT TO BID THIS YEAR.

WE'RE GONNA PUT IT OUT TO BID AS IF THEY HAVE TO DO IT IN THREE WEEKS SO THEY GET IT.

'CAUSE WE CAN'T WORK DOWN THERE TILL AUGUST 1ST BECAUSE OF THE EAGLE RESTRICTIONS.

SO ONE OF THE OPTIONS IN THE BID'S GONNA BE THAT THEY START AUGUST 1ST AND THEY'RE DONE WITHIN THREE WEEKS BEFORE SCHOOL STARTS.

OKAY.

AND THEN, AND THAT ADD ALTERNATE WOULD BE TO JUST BID IT AND GIVE THEM MORE DAYS THAN THAT AND HAVE TO CLOSE THE ROAD AND DEAL WITH THE SCHOOL DISTRICT AND EVERYTHING.

BUT THAT WAS, THAT.

PROBABLY HAVE TO BID EARLY SUMMER.

SO WE WERE READY FOR THE AUGUST START.

MM-HMM .

THAT'S ALL I HAVE.

OKAY.

ANY OTHER QUESTIONS FROM THE AUTHORITY OR ANYBODY? OKAY.

THEN WE'LL

[7. Update on West Chester storm water fee litigation; consider formation of a working group to study an alternative funding approach]

MOVE ON TO NUMBER SEVEN, THEN WE'LL TURN TO ZACH FOR THAT.

.

GOOD EVENING EVERYBODY.

UM, UNFORTUNATELY I DON'T REALLY HAVE ANY UPDATES ON THE WESTCHESTER CASE.

UM, THE SUPREME COURT STILL HASN'T MADE ANY, UH, ISSUED.

ITS ITS DECISION IN THIS MATTER.

UH, I THINK THE, UH, IT'S ANTICIPATED THAT THIS DECISION WILL BE COMING OUT IN 2026.

IT COULD DROP TOMORROW.

IT COULD DROP IN SIX WEEKS.

WE HAVE NO IDEA.

I THINK WE HEARD THAT TWO YEARS AGO.

YEAH.

UM, IT COULD COME IN 2027, WHO KNOWS? I DON'T, I DON'T QUITE KNOW WHAT'S HOLDING IT UP.

UM, IT SEEMS A LITTLE UNUSUAL TO HAVE THIS MATTER BE UNDER ADVISEMENT FOR AS LONG AS IT IS, BUT THERE'S REALLY NO WAY TO FORCE THE SUPREME COURT TO TAKE ACTION ON IT.

UM, THERE WAS SOME DISCUSSION WITH, WITH BETWEEN TIM AND I ABOUT IS IT WORTH, UM, STARTING TO LOOK INTO KIND OF ADOPTING SOME SORT OF A PROGRAM.

THERE ARE SOME MUNICIPALITIES, NOTABLY, UH, I FOUND ONE IN MIDDLETOWN IN BUCKS COUNTY, UH, THAT JUST RECENTLY ADOPTED A STORMWATER FEE PROGRAM.

UM, IT MAY BE WORTH INVESTIGATING AND EVALUATING SOME OF THOSE PROGRAMS AND AT LEAST POSITIONING OURSELVES.

SO WHENEVER THE SUPREME COURT DECISION DOES COME DOWN, UM, HOPEFULLY WHATEVER THEY DECIDE IN TERMS OF HOW THE FEE IS APPLIED, WE CAN FIGURE OUT HOW WE CAN CRAFT AN ORDINANCE THAT WOULD IMPOSE A FEE THAT'S PERMITTED UNDER THE LAW.

UM, SO I I I, I THINK THAT IT PROBABLY WOULD MAKE SENSE TO START KIND OF DOING THAT EVALUATION MM-HMM .

AND, AND GETTING SOMETHING AT LEAST PRELIMINARILY READY, UH, FOR WHENEVER THAT DECISION COMES DOWN.

AND THEN WHEN WE CAN, ONCE WE KNOW WHAT DIRECTION WE CAN GO, WE CAN ADOPT SOMETHING MM-HMM .

OR IF IT TAKES FOREVER, WE CAN JUST ADOPT SOMETHING AND MM-HMM .

WE MAY HAVE TO TWEAK IT WHENEVER THE DECISION COMES OUT.

KEN, I WAS SUGGESTING THAT SINCE WE'RE SITTING AROUND TWIDDLING OUR THUMBS, WAITING FOR THE SUPREME COURT TO ACT MAYBE FORMER WORKING GROUP, MAYBE A, AND JUST STUDY SOME ALTERNATIVE APPROACHES, UM, AND MAYBE KIND OF WHAT MIDDLETOWN DID AND, AND BECAUSE I THINK THE SECOND CLASS CODE, UM, DOES HAVE SPECIFIC LANGUAGE ON THAT.

[00:15:01]

I THINK THE CASE WITH WESTCHESTER, IT WAS A BOROUGH.

YEAH.

BOTH, BOTH.

THE SECOND CLASS TOWNSHIP CODE AND THE MUNICIPAL AUTHORITY ACT HAVE LANGUAGES SPECIFICALLY ALLOWS THE IMPOSITION OF STORMWATER FEES.

THAT'S THE, THAT'S THE ISSUE THOUGH, IS THAT, IS IT A FEE OR IS IT A TAX? AND, AND YOU KNOW, IN THE WESTCHESTER CASE, BECAUSE THE ARGUMENT IS THAT BECAUSE THERE ISN'T ANY SPECIFIC BENEFIT THAT IS BEING GAINED BY THE PROPERTY OWNERS, IT'S A TAX.

SO THE SUPREME COURT NEEDS TO PARSE THAT OUT AND DECIDE IS THAT TRUE OR IS IT NOT? DOES THAT CONSTITUTE FEAR? DOES IT CONSTITUTE TAX? SO THERE MAY BE WAYS TO CRAFT IT SO THAT WE CAN, YOU KNOW, MAYBE, MAYBE THERE'S LIKE A, A DRAINAGE DISTRICT OR SOMETHING WHERE YOU CAN SPECIFICALLY SHOW WATER THAT'S FALLING ON THIS PROPERTY IS FLOWING INTO THIS PIPE OR THIS WATERWAY OR WHATEVER.

AND SO WORK DONE IN THAT WATERWAY IS DIRECTLY BENEFITING THAT PROPERTY.

YOU KNOW, THERE, THERE MAYBE THERE ARE WAYS THAT WE CAN KIND OF CRAFT THE LANGUAGE OF THE ORDINANCE SO THAT IT, IT IS A FEE INSTEAD OF A, INSTEAD OF A TAX.

IF THAT'S THE WAY THE COURT ENDS UP COMING OUT ON IT.

I, ZACH IS MIDDLETOWN'S ORDINANCE, DID THEY, IS IT JUST A STUDY ORDINANCE OR IS IT AN ORDINANCE WAITING FOR THE SUPREME COURT? OR IS IT ACTUALLY IN PLACE? IT, IT'S, IT'S IN PLACE.

THEY'RE ACTUALLY COLLECT, IT'S IN PLACE.

IT WAS ADOPTED IN 24.

THEY, THEY MADE TWO AMENDMENTS IN 25.

UM, YOU KNOW, I MEAN I, THEIR ORDINANCE PRETTY MUCH SETS A FLAT FEE FOR ALL RESIDENTIAL PROPERTIES AND THEN IT, IT CHARGES A FEE BASED ON IMPERVIOUS SQUARE FOOTAGE FOR NON-RESIDENTIAL PROPERTIES FOR ALL OTHER PROPERTIES.

IT APPLIES UNIFORMLY ACROSS ALL PROPERTIES.

UM, I, I, I WANT TO DO SOME MORE INVESTIGATION MM-HMM .

AND SEE IF THERE ARE OTHER KIND OF SOLUTIONS THAT PEOPLE HAVE COME UP WITH OR, UM, YOU KNOW, IT, IT SEEMS LIKE THERE IS A, A WAY TO WORK AROUND THE ISSUE MM-HMM .

IF IT, IF THE SUPREME COURT DOES SAY IT'S A TAX, IT SEEMS LIKE THERE MAY BE WAYS THAT YOU CAN CRAFT IT TO MAKE IT MORE DIRECTLY APPLICABLE TO PROPERTIES.

I THINK THE RUB, THE WHOLE PHILOSOPHICAL RUB IS THAT WAS THE ISSUE OF, UM, IT IMPACTING NON-PROFIT CORPORATIONS.

AND I THINK BRIAN DID A, WE CAN BRING THIS UP IN A, IN OUR CORE GROUP, IS THAT I THINK WE ONLY HAVE A HANDFUL OF NON-PROFITS.

I THINK AT, AT MOST IT WOULD BE LESS THAN 1% OF THE LAND AREA.

AND I, AND I, I GUESS THE QUESTION IS, IS THAT ENOUGH TO HOLD UP THE PROCESS? AND THAT'S SOMETHING YOU NEED TO LOOK AT.

AND I, I DO THINK THAT THERE IS SOME LEGISLATION ON THE STATE LEVEL THAT IS LOOKING AT REQUIRING THE COMMONWEALTH TO PAY THESE TYPES OF FEES MM-HMM .

IF THEY GET ADOPTED.

BECAUSE THAT, I MEAN THAT, THAT'S OBVIOUSLY THE ENTITY THAT'S CHALLENGING THE WESTCHESTER CASES, THE HIGHER ED, HIGHER ED, UM, ASSOCIATION OF COLLEGE CONSIDER IT'S THE STATE THAT AUTHORIZED THE WELL, EXACTLY.

IT'S BASICALLY AN UNFUNDED MANDATE.

YOU KNOW, THEY'RE SAYING, WELL, YOU GUYS HAVE TO, TO, YOU HAVE TO DO THIS.

YOU HAVE TO IMPROVE YOUR STORMWATER, BUT WE'RE NOT WILLING TO CONTRIBUTE FOR THE PORTION THAT WE CAN CONTRIBUTE TO IT.

PAY OUR FAIR SHARE.

WE WANT THAT TO BE BORNE BY EVERYONE ELSE.

SO WE'LL SEE.

THERE ARE A LOT OF BALLS IN THE AIR STILL.

I THINK IT WOULD MAKE SENSE TO LOOK, LOOK INTO THAT MIDDLETOWN ORDINANCE, UM, SOME MORE AND MAYBE GIVE US A BRIEFING ON THAT YEAH.

IN THE FUTURE.

SURE.

BUT I'M WONDERING, AS I'M THINKING ABOUT THIS, UH, SEVERAL YEARS AGO WHEN WE THOUGHT A DECISION WAS IMMINENT, UM, A LOT OF WORK HAD BEEN DONE BY OUR ENGINEERS ON, UM, UH, SORT OF DRAFTING AN IDEA.

I MEAN, THERE WAS CONCEPTS OF IDEAS AND, AND WHAT TO DO.

AND I MEAN, THAT'S A GOOD STARTING POINT I WOULD THINK.

YEAH.

I THINK WE SHOULD RE WE WE SHOULDN'T DISCOUNT THAT WORK THAT'S ALREADY YEAH, ABSOLUTELY.

THERE'S NO REASON TO REINVENT THE WHEEL IF WE DON'T NEED TO.

MATTER OF FACT, I THINK, UM, WEREN'T, WE MIGHT LOOKING AT CREDITS, THE WHOLE CREDIT PROGRAM, I THINK AT THE TIME, UM, AND I KNOW WE HAD A IMPERVIOUS MAP OF ALL THE IMPERVIOUS AREAS, THE MAP GOING.

YEAH.

YEAH.

THE SECOND CLASS TOWNSHIP CODE REQUIRES THAT, UM, THE TOWNSHIP, IT SAYS THE TOWNSHIP SHALL CONSIDER AND PROVIDE APPROPRIATE EXEMPTIONS OR CREDITS FOR PROPERTIES WHICH HAVE INSTALLED IN, ARE MAINTAINING STORMWATER FACILITIES THAT MEET BEST MANAGEMENT PRACTICES AND ARE APPROVED OR, OR INSPECTED BY THE TOWNSHIP.

SO THAT IS, THAT'S A MANDATORY COMPONENT OF A, A STORMWATER FEE PROGRAM.

MR. CHAIRMAN.

YEAH.

I VOLUNTEERED TO TAKE ONE OF THE OTHER NON-RES MEMBERS AND THE TWO OF US WORK TOGETHER TO, AS A SUBGROUP AND REPORT BACK TO THE, TO THE AUTHORITY ON WHAT WE COULD POSSIBLY DO.

THAT SOUNDS GOOD TO ME.

A QUESTION, TIM, FIRST, WERE YOU LOOKING TO HAVE JUST AUTHORITY MEMBERS AND STAFF WORKING ON THAT OR ARE YOU TALKING ABOUT BRINGING ANYBODY ELSE? UM, RIGHT NOW JUST A CORE GROUP OF IT.

SOMEBODY FROM THE AUTHORITY PARTNERING WITH MAYBE MYSELF AND, UM, UM, UM, DEFINITELY SOMEBODY FROM MCG GILMORE.

SURE.

SOMEBODY WHO IS, WE'D PROBABLY NEED TO BRUSH OFF THE COBWEBS MIC AND TAKE A LOOK AT SOME OF THAT STUFF.

YEAH.

SO ONE MORE.

WELL, THAT SOUNDS GREAT.

THAT SOUNDS GREAT TO ME.

I THANK YOU FOR VOLUNTEERING, JOHN.

AND, UM, IF YOU CAN'T GET

[00:20:01]

ANOTHER VOLUNTEER, THEN LET US KNOW.

.

I JUST THINK, UH, RATHER THAN JUST WAITING AND TWITTING OUR THUMBS, THERE HAS TO BE SURE.

I AGREE.

I AGREE.

AND I THINK WE WERE ALMOST, WE WERE BASICALLY READY SEVERAL YEARS AGO AND THEN EVERYTHING STOPS.

SO ZACH, YOU WOULDN'T MIND HELPING US ON THE LEGAL OF COURSE.

ON THAT.

OF COURSE.

YEAH.

AND WE COULD DURING THIS, DURING THE, WE COULD DO THIS DURING THE DAY.

YEAH.

IT DIDN'T HAVE TO BE AT NIGHT.

SO THE NON-MEMBER, ARE YOU NOMINATING BILL CASPER OR ARE YOU NOMINATING A ELISE? WHICHEVER ONE'S TERMS NOT UP.

OKAY.

OKAY.

, YOU'RE GONNA CONVINCE ONE OF THEM.

YEAH, THEY'RE, IT'S DONE.

OKAY.

THEY'RE GOING TO BE VOLUNTOLD.

THEY, THEY ASK VOLUNTOLD.

THAT'S A GOOD WAY TO PUT IT, .

ALRIGHT.

THANK YOU FOR THAT.

UM, ANYTHING ELSE? WE CAN'T CHANGE THE AGENDA NOW, APPARENTLY, BUT, UH, MOVE ADJOURNMENT.

OKAY.

MOTION TO ADJOURN A SECOND.

SECOND.

ALL IN FAVOR SAY AYE.

AYE.

AYE.

AYE.

I'M GONNA ASK IF ANYBODY'S NOT IN FAVOR.

THANK YOU ALL FOR YOUR, YOUR HELP TONIGHT.

YOUR ASSISTANCE.

THANK.