Council Hears Traffic and Accessibility Complaints, Challenges DELCORA Sale
Traffic on Fairview Road, Swarthmore’s response to the sale of the county regional wastewater management company, and accessibility were the main topics of the month’s sole Swarthmore Borough Council meeting on August 10. The meeting was (virtually) packed, with 26 people in attendance, including 16 residents of Swarthmore and Ridley.
Fairview Road Safety Concerns
“Because this is a through street from MacDade to Chester, we experience trucks, car carriers, construction vehicles, all different kinds of vehicles, and they are speeding to make those two lights as well,” said Mary Vonvital of Ridley. (The council broke from its usual practice and permitted Ridley residents who live on Fairview Road to speak.) “I’m surprised a pedestrian hasn’t already been struck.”
Swarthmore resident Neil O’Brien submitted a statement, signed by several neighbors, listing concerns about the safety of residents and pedestrians on the street.
“We would love to have some way to slow down the traffic,” said Swarthmore resident Carol Kennedy. She recommended installing a stop sign, signage to inform people of their vehicular speed, or lowering the speed limit.
The Public Safety Committee will take up the issue.
Protesting Sale of DELCORA to Private Company
After lengthy discussion, Council voted to file a protest against the sale of publicly held wastewater management company Delaware County Regional Water Authority (DELCORA) to Aqua Pennsylvania, a private water company. DELCORA processes Swarthmore’s wastewater.
Asserting that the deal is not in the best interests of sewer ratepayers, including those in Swarthmore, the borough will file a protest with the Public Utility Commission (PUC) and send an objection to DELCORA, requesting that both reject the deal. The council will also protest to Pennsylvania’s Office of Consumer Advocate.
“In September, DELCORA and Aqua struck a deal to sell the regional sewer authority to Aqua,” council member Ross Schmucki explained. “That was a private deal. There was no public bidding.” He recounted a rush to finalize the deal, with the Central Delaware County [Sewage] Authority changing its bylaws and minimal opportunity for public input.
Aqua paid $276 million for DELCORA’s assets, which Schmucki says is far less than their actual value. Another private water company, American Water Works, publicly valued the DELCORA system at $400 million and requested an opportunity to bid, Schmucki said.
Further, Schmucki reported he had examined documents relating to a trust Aqua and DELCORA set up to receive part of the sale price. Money from the trust would temporarily help defray the cost of the higher rates Aqua intends to charge users. Schmucki says Aqua will raise its rates for processing wastewater, but consumers will not notice the rate hike right away, because Aqua will take the extra portion out of the trust – until money runs out.
So, for now, Aqua will pay itself from the trust it just put money into – a circular arrangement. “It goes out of one Aqua pocket into another Aqua pocket,” Schmucki said.
After the trust runs dry, ratepayers will become responsible for the entirety of the higher rates. Schmucki reported that Aqua’s application to the PUC says the company will raise sewage treatment rates 14%. They also plan to raise water rates by 4%. “And each year they are free to continue to try to raise the rates,” he added.
Schmucki also pointed out that, under the deal, Aqua bought the employment contracts of the DELCORA negotiating team. In this way, Aqua controlled both sides of the negotiating table, and was effectively negotiating with itself. “This is a bad deal for the public and should be undone or renegotiated,” he said.
Swarthmore’s actions align the borough with Delaware County, which has taken legal action to dissolve DELCORA and undo the sale.
As a county employee, Council President Mary Walk recused herself from considering and voting on the matter. Council Vice President Lauren McKinney chaired the discussion.
The Time Is Now
Swarthmore resident Samina Iqbal addressed the need for the borough to improve accessibility, especially in light of the 30th anniversary of the Americans With Disabilities Act.
“Now is the time to make that happen,” agreed council member Sarah Graden, who chairs the General Government Committee. Graden suggested partnering with Swarthmore Town Center to survey merchant attitudes about accessibility challenges and potential upgrades.
Walk asked Borough Solicitor Robert Scott if the borough could require private business to make buildings more accessible when renovating them.
Scott explained that this is only permissible when the business “changes the use group.” If a restaurant changes hands but remains a restaurant, the new owners don’t have to bring the facility up to ADA code, even if they renovate. By contrast, a restaurant becoming a retail store “triggers the requirement to bring it up to accessibility standards,” Scott said.
Council member Jill Gaieski brought up the issue of the cost of ADA compliance and asked if the borough could defray some costs. Scott explained that it is not possible to use borough real estate taxes to make improvements to private property. “Federal money could be available for that purpose,” he said, referring to grants from agencies including the Department of Housing and Urban Development (HUD).
Council member Betsy Larsen suggested letting business owners know that federal tax credits might be available as well. The Public Works, Parks, and Recreation committee could look into making borough parks more accessible, she said.
The discussion of accessibility will continue in the General Government Committee and the Public Works, Parks and Recreation Committee.
