Storage tanks at what was then known as the Upper Gwynedd-Towamencin Municipal Authority Wastewater Treatment Facility are seen in 2010.
Another step has been taken in Towamecin’s long-running sewer sale saga, which shows no signs of ending soon.
The township’s supervisors voted Wednesday night to hire a defense counsel to handle a case filed by two residents meant to stop the sewer sale, and heard an update on long-term capital needs for the township’s sewer system.
“In conjunction with the Foster/Osei v. Board of Supervisors suit filed in the Montgomery County Court of Common Pleas on August 22nd, the township has received an engagement letter from Dilworth Paxson to provide defense counsel,” said supervisors Chairman Chuck Wilson.
“The hourly rate for legal fees is outlined as $500 per hour, and $680 per hour for the designated lead attorney; the firm has agreed to a 15 percent discount on these fees,” he said.
In August residents Jenn Foster and Kofi Osei filed a suit against the board of supervisors, alleging the sale of the township’s sewer system that four of the five supervisors approved in May 2022 could no longer be fulfilled under the terms of a new home rule charter that voters adopted in May and took effect July 1. Earlier this month the supervisors voted down a proposed mailer to residents that they said would give the public details about the litigation, and the next round of the debate came Wednesday night, along with continued public comments against the sale, and a presentation from the township’s sewer engineer
As Wilson presented the motion to appoint the defense counsel, supervisor Joyce Snyder — who cast the only vote against the sale in 2022 and against transferring the sale to a new buyer earlier this year — asked why the second board vote was necessary.
“I thought, when we hired Dilworth Paxton as our special sewer counsel, they were supposed to handle all sewer sale-related items under that agreement?” she said.
Solicitor Bob Iannozzi answered that the board did hire Dilworth Paxton in early 2021 for sewer sale-related purposes, but “in an abundance of caution” and at the recommendation of both that firm and his firm, “a specifically-tailored engagement letter” was put forth to the board to approve. Snyder then asked why Iannozzi and his firm couldn’t handle the responsibilities instead: “You’re much less expensive than these people. Why can’t you do this for us?” and Iannozzi answered that his role was to represent the township, but he and the firm both advised clearly spelling out the responsibilities for the suit.
“If only there was some way we could avoid being sued…” Snyder said, before casting the only vote against hiring the firm.
Residents Sound Off for Another Round
Earlier in the meeting, Foster and Osei both spoke during the public comment portion to the board, with Foster asking about where campaign signs were allowed in the township, and Osei thanking the board for voting down the mailer expenses in the prior meeting, then addressing their public comment policies.
“The government study commission had multiple public comment periods, which is a policy copied from Upper Gwynedd. It does make meetings longer, but I believe it reduces speaking out of turn. Not talking about the sewer sale is probably the easier solution,” he said.
Osei then questioned a statement from Iannozzi in the Sept. 13 meeting that the township could be liable for tens of millions owed to PA American if the township was found to be in violation of the sale agreement.
“We are arguing the charter is sufficient grounds for termination without liability. You, the township, are arguing the charter has no effect on the asset purchase agreement, in which case they would continue through the PUC. Neither of these things would end in a breach,” Osei said.
David Daikeler told the board to “not spend any more of our money on this sham,” and Ken Stout said he thought a presentation on the township’s sewer infrastructure needs showed “how the sale makes no sense to a homeowner.”
“We now have a new township expense, before of the four supervisors, to pay the legal bills they’re responsible for,” he said.
Joe Silverman said he had concerns about what the board would do with the sale proceeds, and showed tools he used in a neighborhood lawn mowing business decades ago to demonstrate how he would save up, and spend only what was necessary.
“Typically, at the end of the week, if I needed gasoline I’d take (money) out, the rest would go into the piggy bank. I couldn’t charge the customer any more: think of the customer as the taxpayer. I wouldn’t dare ever increase his price,” he said.
“The township will think ‘Well, we have all this money, let’s spend it.’ You’re going to have millions of dollars, burning a hole in your pocket, that you have to spend it all,” he said.
Bruce Bailey said he also wanted to see the board cut their spending, comparing it to a household reducing expenses if a job is lost.
“One example is, you go to the supermarket. You buy a case of Coca-Cola, and get to the counter, and see that bottle in the little fridge. You grab it, and pay ten times the cost of what’s in the case. When Dad gets laid off, you don’t buy the case of soda: you drink water, because you don’t have the money to spend,” he said.
Vanessa Gaynor asked if the board would stream online and/or record budget workshops in October, then questioned whether the rate being paid to Dilworth Paxton under the new letter was higher than the rates negotiated in 2021. Wilson said it was, and Bailey then asked if the board had any indication of how many hours the contract would cover.
“What’s the maximum number this is going to cover? 100 hours? 200? Do you have a scope on that?” Bailey asked, and Wilson said the board did not.
“It’d be a lot cheaper to just back out of the contract, which you have the legal right to do,” Bailey said.
Sewer engineer presents long-term plans
Prior to the vote on the defense council contract, the board also heard a presentation from township sewer engineer Bill Dingman on the township’s long-term sanitary sewer capital plan for the years 2024 through 2031. During that presentation, Dingman outlined a chart of future expenses for both the for-now-township-owned sewer plant on Kriebel Road, and for the sewer lines it connects to, and the roughly $39 million in expenses projected over the next eight years.
Of that total, Dingman told the board, roughly $14 million would go toward replacing sewer lines in the Inglewood section of the township, which date back to the late 1950s, and a chart of projected expenses shows roughly $3.6 million in projects needed in 2024, $5.6 million in 2025, $4.9 million in 2026, and $5.8 million needed in 2027, with roughly $3.6 million of those expenses going toward the Skippack Creek Interceptor sewer line replacement, and $1.9 million for an UV disinfection system upgrade at the plant itself. Supervisor Kristin Warner asked if the UV system would “help with the smell” that emanates from the plant, and Dingman said it would not; “You could cover the tanks, but that expense is not included in here. That is an option.”
During that presentation, Osei asked about a township study of the plant performed in 2011 that “said to raise the rates and do some upgrades. Have we been keeping up with that?” Dingman said that study was done while the plant was jointly owned and operated by both Towamencin and Upper Gwynedd, and Towamencin has since “maintained equipment throughout the years, and replaced equipment as necessary.”
“It’s an ongoing expense, as with any facility that has moving equipment. It wears out, and needs to be replaced. It doesn’t last forever,” Dingman said.
In subsequent comments on the NOPE group Facebook page, former plant director Steven Hickman said that study was done during his tenure as plant manager, at the request of Upper Gwynedd, ahead of the planned separation of the two.
“They were trying to find fault with the facility. Hazen Sawyer stated the the facility was in exceptional shape and was being operated in the best way,” he said. “The suggested upgrades were based on a lot of maybes and mights from the idea that more stringent parameters would be instituted by EPA or PA DEP. Almost ten years later this has not happened.”
Towamencin’s supervisors next meet at 7 p.m. on Oct. 11 at the township administration building, 1090 Troxel Road. For more information visit www.Towamencin.org.
This article appears courtesy of a content share agreement between North Penn Now and The Reporter. To read more stories like this, visit www.thereporteronline.com.
See also:
Renovations on Former Saint Luke’s UCC Church in North Wales Could Start in October
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Towamencin Supervisors Vote Down Sewer Sale Mailer
Upper Gwynedd’s Pennbrook Parkway Debate Continues, with Eyes on Lansdale
Lansdale Police Say Mental Health Co-Responder Already Seeing Results
