Towamencin Board Ties on Stopping Sewer Sale

Dan Sokil | The Reporter•

A last-minute vote has highlighted the current stalemate status of Towamencin’s long-running sewer sale saga.

New township supervisor Kofi Osei made his first motion since taking that seat, one that should be no surprise to anyone following the topic.

"I would like to motion to authorize staff to prepare a resolution to terminate the sewer sale, and put that resolution on the January 24th meeting agenda,” Osei said.

After a second from supervisor Joyce Snyder, who cast the lone vote against the sale in 2022, board Chairman Chuck Wilson called for a vote.

"We have a motion and a second. All in favor, please say aye?” Wilson said. Osei and Snyder voted yes, Wilson then asked for those opposed, and he and supervisor Laura Smith both said no, yielding a tie with supervisor Kristin Warner absent from the meeting.

"So that does not carry. It’s two-two. Anything else?” Wilson said.

2024 marks the fifth straight year in which the sewer sale has been discussed, starting with a board vote in September 2020 to study the topic, followed by a year of consultant reports and resident opposition prior to the board’s first vote to sell the sewer system in May 2022.

Throughout the debate, proponents have argued that the sale proceeds could be used to pay down debt, generate interest, and fund infrastructure and other projects across the township, while opponents have warned of sudden and steep rake hikes by a private owner that ratepayers would be unable to stop or oppose.

Residents led by Osei then won voter approval in late 2022 to establish a township government study commission, which met starting in early 2023 to draft a new township charter with "home rule” provisions that took effect July 1 which sale opponents argue would make the sale illegal.

In November Osei and sale proponent Rich Marino faced off on what would become the township’s closest-ever election, with Marino ahead after election day, late ballots narrowing the margin, a court ruling leading additional ballots to be counted, and ultimately a tie vote that was decided by the two drawing lots in a county proceeding on Nov. 30.

January 2 brought Osei’s oath and formal seating as a supervisor, while Marino gave a public update on his and his backers’ various legal challenges to the election result and rulings. In the board’s first action meeting on Jan. 10, no formal actions regarding the sale were taken until just before the call for adjournment, when Osei and Snyder made their attempt.

"Closest yet,” Osei said on the Towamencin NOPE Facebook group after the vote, and Snyder then asked why a tie vote automatically failed instead of passing.

"Just the way it is, absolute majorities to take action. Probably to avoid weird attendance situations where the tie wouldn’t be reflective of the whole body (like tonight),” Osei answered.

Nearly two hours before that vote, the sale and debate was referenced in public comments, starting with a comment submitted online by resident Joe Rumsey and read by Wilson.

"Please cancel the sewer sale. Aside from making many residents broke, the sale will hurt home values,” he said.

"Nobody wants a sewer bill the size of a homeowners’ association fee. At least we get something of value from paying an HOA fee, like snow and trash removal. The people have spoken multiple times,” Rumsey said.

NOPE member Jenn Foster — one of several residents, along with Osei, who have sued the board to stop the sale — then asked if Towamencin had pursued grant funding similar to several recent grant awards announced by neighboring municipalities and local lawmakers for sewer, stormwater, and related infrastructure work.

"In a recent meeting, supervisor Wilson and former supervisor Marino got into a back-and-forth about the needed funding for stormwater management, with Chuck telling Rich there was no money for it. So my question is, did we apply for any of these grants?” Foster said.

Wilson answered that the township’s staff and board apply regularly for similar grants, and had received funding in an earlier cycle, with some awards being allocated based on how successful a municipality had been in prior rounds of funding.

"We are currently using that (grant funding) to rehabilitate parts of the Skippack Creek interceptor,” Wilson said.

"So yes, we do get those grants regularly. You’re not going to get one every time, particularly maybe if you just got one recently and the project’s still ongoing, but all of our consultants and township staff have instructions to apply for every grant that becomes available, whether that’s in wastewater, highways, parks, whatever,” he said.

Paul Andrews referenced the litigation over the election, saying he was "really concerned” that several residents, including Warner, "are involved in a lawsuit to try to take away some people’s right to vote.”

"Apparently some voters had some errors on the date on their mail-in ballot envelopes, and they would like to try to throw out those votes,” he said, before citing federal Civil Rights Act terminology regarding rights to vote and when ballots can be disqualified.

Bonny Davis of Springfield Township added to her comments in the board’s reorganization meeting the week prior, saying that township saw a similar sale debate, a board vote to sell, followed by all of the consequences that opponents had warned about beforehand, including steep sewer rate hikes by the private owner.

"My sewer bill, I live alone, was $9 a month. It’s now $45 a month, so five times what I used to pay,” she said. "You need to ask more questions about what else will change, and what else will happen, if and when you sell your sewer system. Just always say, ‘And then what?’ ‘And what else?’ Just keep asking questions.”

The sale was also referenced indirectly during Wilson’s finance committee report, when he said that group had discussed several topics including long-range financial projections and development of a long-term capital plan covering the next five years. Details will be presented in a future board meeting, Wilson said, and Osei said he was "very happy” to see that process begin.

Towamencin’s supervisors next meet at 7 p.m. on Jan. 24 at the township administration building, 1090 Troxel Road. For more information visit www.Towamencin.org.

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