Towamencin Neighbors Opposed to Privatization Efforts (NOPE) held a celebration to commemorate the installment of the Home Rule Charter over the weekend, continuing their efforts to put a stop to the sale of the Towamencin municipal sewer system to Pennsylvania American Water (PAAW).
The charter — which became effective on July 1 — prohibits the sale of wastewater, rainwater, and water utilities, which NOPE hopes will result in negating the sale via the deal’s “no-fault language.”
The event was held on the pedestrian bridge crossing Forty Foot Road near Sumneytown Pike, the location of which organizers said holds historical significance due to it being constructed under the approval of the board of supervisors despite the protests of the local people — an event NOPE compared to the sewer sale.
The celebration was comprised of around 60 attendees as well as a few speeches from NOPE’s leader, Kofi Osei, and former Government Study Commission members Jenn Foster and Marty Cohen, who each took time to thank the various NOPE volunteers and people who helped with the installment of the Home Rule Charter.
Origins of the Charter
The Towamencin board of supervisors proposed the idea of selling the municipal sewers as a way to save money and avoid the debt that would be accumulated through the various upgrades and maintenance repairs the sewer needs. With a 4 to 1 majority vote, the board began searching for potential buyers, gaining the attention of NextEra energy.
NOPE was formed out of the concern that the privatization of the Towamencin municipal sewers would result in rate hikes for residents that would far outweigh the money saved by selling the sewer system. Thus, NOPE began working to establish a government study commission (GSC) in the efforts of introducing a vote to the May 2023 ballot on whether or not a Home Rule Charter should be added to Towamencin law.
When made aware of the formation of a GSC, NextEra energy pulled out of the deal, causing the Towamencin board of supervisors to transfer the deal over to PAAW
When the results of the ballot came in, the charter was passed with a 2728 over 2418 majority vote, meaning the Home Rule Charter would be added to Towamencin law effective July 1, thus marking the date as “Charter Day,” officially.
What’s Next?
Despite the charter being passed, neither the Towamencin Board of Supervisors nor PAAW have made any moves towards turning over the deal.
“There is strong legal precedent against overturning pre-existing contracts based on the passage of new laws. As such, we do not intend to seek to terminate the contract,” Said Towamencin Supervisors Chairman Chuck Wilson, during a meeting on May 24. “We remain confident that, after considering the many benefits to our community, we have made the right decision. We intend to honor our contractual commitments.”
As part of the activities that took place on Charter Day, Osei led the guests of the celebration in an effort to have each call the people at PAAW to attempt to convince them to terminate the deal on their end and make their voices heard.
“In case this doesn’t work, we might have to sue the township. We are working through if and how we have to do that,” said Osei. “Right now, we aren’t doing anything, but if American Water doesn’t terminate the sale this week, we are going to start fundraising for that,”
“To be clear, nobody wants to sue the township. That’s the last thing anyone wants to do. But voters and residents have spoken over the course of several years against the sale,” said former GSC member Jenn Foster, during an interview with North Penn Now. “With the charter now being in place and effective, this is essentially a hostile takeover of our wastewater plant, so if the supervisors nor the PAAW do not terminate the agreement, the next option would be litigation.”
As of the publishing of this article neither Towamencin Supervisors Laura Smith nor Rich Marino have provided comment to North Penn Now on the events of Charter Day or future actions regarding the sale.
See also:
Towamencin Supervisors to Continue with Sewer Sale Despite Passage of Home Rule Charter
PA American Water to Proceed with Towamencin Sewer Purchase Despite Passage of Home Rule Charter
Letter: Next Steps for Towamencin Post-Home Rule Charter Passage
Towamencin Voters Pass Home Rule Charter as Fight to Overturn Sewer Sale Continues
Everything Towamencin Residents Need to Know About Tuesday’s Ballot Question on Home Rule Charter
