Yardley, Lower Makefield At Odds Over Sewer Sale

LMT supervisors could vote Wednesday night to sell the township's sewer system. Others, including Yardley, want the vote postponed.

By Doug Gross, Patch Staff

Jul 1, 2020 10:34 am ET

LOWER MAKEFIELD TOWNSHIP, PA — Yardley Borough is trying to stop a vote by supervisors in Lower Makefield on selling the township's sewer system.

Meanwhile, an attorney who lives in Lower Makefield has gone to court to try to delay the vote. The emergency petition, in the Bucks County Court of Common Pleas, asks that the vote by Lower Makefield's board of supervisors, scheduled for Wednesday eveninga, be postponed 90 days.

Under an agreement signed in 2015, Yardley residents use Lower Makefield's sewer system. Morrisville and Falls Township residents also are served by the system.

Facing a budget crunch, LMT supervisors are considering selling the system to a private owner for as much as $56 million. The issue was first discussed publicly at a June 17 supervisors meeting held online due to coronavirus concerns and notice of Wednesday's planned vote wasn't made until June 25, at a special meeting.

Tuesday night, Yardley Borough Council voted unanimously to request Lower Makefield delay its vote.

"Yardley and Lower Makefield are two municipalities, but one community," said Yardley Borough Council President David Bria. "It is my hope our we can continue our relationship as partners and friendly neighbors as we navigate this complex challenge."

He said the decision would impact rate payers in Yardley, Morrisville and Falls Township, as well as in Lower Makefield. Bria said it's worth considering something like a joint authority to run the sewer system and that privatizing likely will lead to higher rates for users.

"I understand Lower Makefield's desire to sell their sewer system as a way to remedy short-term cash flow challenges, but the truth is that residents almost always pay more in the long run when public utilities are privatized," Bria said. "Whether you call it a tax or call it a sewer bill doesn't matter—at the end of the day, residents shouldn't pay more than they have to for necessary services."

A Lower Makefield official was not able to be immediately reached for comment on Wednesday morning.

The court petition, filed by Lower Makefield attorney Jeffrey F. Hall-Gale, argues that discussion between the impacted municipalities was hampered by coronavirus restrictions which, among other things, have caused government meetings to be held remotely and online instead of in person.

The LMT supervisors meeting on June 17 did not allow public comment until about midnight, Hall-Gale says in the petition. The petition also claims supervisors considered options for the sewer system in at least one closed session, in violation of Pennsylvania open-meetings laws.

It says documents with information about the proposed sale were not released to supervisors and citizens until shortly before the planned vote.

The Lower Makefield Township Board of Supervisors meeting is scheduled for 7:30 p.m. on Wednesday.

It can be viewed on Verizon (Channel 20) and Comcast (Channel 22) was well as on the township's Facebook, YouTube channel and website. Public comment will be available by phone when the chairman calls for public comment.

Residents may dial in at 646-558-8656 and enter meeting ID 831 7237 4140# when prompted.