DV Journal

Pennsylvania American Water Co. (PAW) announced last week it is stepping away from a deal to buy the Towamencin Municipal Authority after a ruling from the state Public Utility Commission (PUC) changed the parameters of the arrangement.

“Since our last meeting, the Pennsylvania Public Utility Commission issued an order setting a formula that effectively determines what it deems to be a ‘reasonable’ purchase price for a wastewater system in a sale to a public utility,” Supervisors Chairman Chuck Wilson said during the Aug. 28 meeting.

“The purchase price Pennsylvania American Water must pay to the Township under the Asset Purchase Agreement is far higher than the PUC’s purchase price standard under its new formula. Although the PUC did recently conditionally accept PAWC’s application to purchase our system, given the new legal framework instituted by the PUC, it is very unlikely the PUC would ultimately approve the sale of our system to PAWC as currently structured,” Wilson said.

“I am asking that an item be placed on the agenda for our next meeting [Sept. 11] to terminate the APA based on this change in law and authorize all necessary actions, including signing the associated termination documentation, to do so. As you know our solicitor, Bob Iannozzi, is on vacation. When he returns, he will address this request.”

The news was greeted by applause from community opponents of the deal who attended the meeting. The four-year effort to sell the system has faced continued resistance from some residents, as well opposition from state organizations opposed to private ownership of public utilities.

The leftwing group Food and Water Watch celebrated the news, and they credited “years of successful organizing by Towamencin Neighbors Opposing Privatization Efforts (NOPE).”

“Clearly, water privatization is unwelcome across Pennsylvania,” said Ginny Marcille-Kerslake, Pennsylvania organizer at Food & Water Watch.

PAW stepped into a deal for the Towamencin Municipal Authority in March 2023 after NextEra Water Pennsylvania abandoned the $115 million agreement to buy the township’s sewer authority.

The sale of the sewer authority was a contentious issue during the 2023 election for supervisors’ seats. Sale-opponent Kofi Osei won a seat on the board in that election.

“I still feel like I’m dreaming with how abrupt it was,” said Osei. “I didn’t have any idea that Supervisor Wilson was going to announce that termination was going to be on the agenda until the words came out of his mouth. The American Water press release was at 7:20 p.m., almost as he was speaking. I am thankful that he came around for whatever the reason, but [I] do wish he chose to listen to the Towamencin residents at any of the points prior when it was clear they didn’t want a sale. The termination will feel very real to me when we take the vote at the next meeting.”

PAW President Justin Lander said his company was “grateful” as well, thanking “the Board of Supervisors for their partnership and the trust they placed in us to address their environmental compliance challenges and much-needed investment in their treatment plant.

“Unfortunately, and upon further review, we both agree the structure of the original deal is unlikely to meet the approval criteria recently established by the PUC. Pennsylvania American Water has a long history of delivering water and wastewater solutions that bring greater value to communities, and we will continue to take that same approach across the commonwealth.”

A group of Towamencin residents concerned that controversial symbols or flags would fly over the township building recently began the process of limiting the facility’s flagpoles to official government flags.

But now they’re rebooting their effort to make room for one more flag, a cause they believe is bigger than partisan politics or cultural debate: The flag of prisoners of war and members of the military missing in action.

“We withdrew and started a new petition because of the feedback we were receiving from the community,” said resident Shannon Main. “The POW/MIA (prisoner of war/missing in action) flag is a federally recognized flag under the U.S. and Pennsylvania flag code and some military veterans asked us to include it. We could not amend our current petition that we were already circulating, so we had to withdraw it and submit a new one.”

Other communities regularly fly flags representing issues that can inspire debate and division, such as the LGBTQ flag, the Palestinian flag, or, depending on one’s politics, the flag of Israel.

The residents are concerned supervisors will approve the LGBTQ flag or other flags they consider inappropriate to fly on township flagpoles.

Resident Nancy Becker said, “I am supporting the ordinance because I believe that the only flags flown over the township building should be the American flag, state, county, township, and POW/MIA flags. I want to ensure that there is an appropriate and respectful display of flags. The Army, Air Force, Navy, Marine Corps, Coast Guard, and Space Force flags may be flown over township-owned properties, including parks, open space, and especially Veteran Memorial Park.

“Our ordinance adheres to the Pennsylvania Flag Code and the U.S. Flag Code. We do this because we want to uphold the values of respect and honor, especially toward the American Flag and our government flags.

“We do not want to discriminate against anyone or organization.  The ordinance clearly states our flag policy, therefore I believe it will enable any one or organization to understand our flag policy and not have them feel that we are discriminating against them,” said Becker.

“The ordinance clearly states our flag policy, so I believe it will enable anyone or organization to understand our flag policy.”

Barry L. Kenyon, a retired Navy lieutenant, said he is “passionate about the POW/MIA flag and my fellow service members in general. He gave a history of the POW/MIA flag.

“In 1971, Mrs. Michael Hoff, the wife of a U.S. Military Officer listed as Missing In Action (a.k.a. MIA) during the Vietnam War, developed the idea of a national flag to remind every American of the U.S. Service members whose fates were never accounted for during this war. It took until 1990 for the 101st Congress to officially recognize the POW/MIA Flag, designating it the symbol of our nation’s concern and commitment to resolving, as fully as possible, the fates of Americans still held prisoner and those missing and unaccounted for in Southeast Asia.

“It took until 29 October 2020 for the State of Pennsylvania to amend Act 81 to allow the POW/MIA Flag to be flown, ‘When the United States flag is displayed on any ground or building owned or under control of the Commonwealth, the official POW/MIA flag shall also be displayed where it can be reasonably accommodated.’”

“On 29 March 1973, the last U.S. combat troops were withdrawn from Vietnam with the fall of Saigon occurred on 30 April 1975.  It was far too long that the politicians took to recognize the sacrifices of the U.S. Service members in Southeast Asia,” said Kenyon.

“I enlisted in the U.S. Navy in June 1971 and spent 26 years of service.  Of all of the service personnel I have known who served in Vietnam, I do not recall anyone requesting to spend their time in the service in Vietnam.  But they did what was asked of them and did their duty to our country.  That is what patriots do!  Flying the POW/MIA is a small show of respect for their fallen and missing comrades,” he said.

The residents have until May 8 to gather signatures.

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At their Wednesday meeting, the Towamencin Township supervisors did not discuss or have a proposal to fly an LGBTQ flag on the township’s flagpole on their agenda–for now.

Supervisor Kofi Osei told DVJournal, “We tabled the flag discussion at the Feb. 28 meeting so our solicitor could do some research on flag ordinances. There are no flag ordinance proposals, LGBTQ or otherwise, that are before the board. Since our last agenda item was for a discussion, I want to wait until a meeting with a proposal to make my opinion public.”

However, a group of concerned residents hope to limit which flags township officials are permitted to fly on Towamencin property.

The group is following a process under the recently adopted Home Rule charter to limit the flags that can be flown. They would be limited to the U.S. flag, the state flag, and the township flag.

“We feel that flags within the township symbolize unity among all residents and deserve to be regarded as emblems of respect and honor,” said Shannon Main. “Permitting the display of flags for particular groups or beliefs may result in a surge of requests, diluting the intended symbolism and potentially opening the township to discrimination against other groups. It is our contention that a blanket refusal of all other flags would prevent such discrimination.”

The group needs to gather signatures of 15 percent of the township’s registered voters by April 10. Then, the Board of Supervisors would take up an ordinance for discussion and a vote.

“We feel that the flags flying over the township are there because they are flags that all residents honor,” said Nancy Becker, another resident. “Flying a flag other than the U.S. flag, the county flag, the commonwealth flag, and the township flag may cause some residents issues. Flying flags or branches of military service might be the only exception. Our service men and women have served our country and deserve the honor.

“Allowing one group to fly a flag (LGBTQ) would open the township to requests from other groups that may be offensive to township residents.  These groups include the following flags, but are not limited to, the Trump flag, MAGA flag, Ukraine flag, Israel flag, Palestine flag, Iran flag, Afghanistan flag, French flag, etc.,” said Becker.

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Kofi Osei picked the winning tile after a tie with incumbent Rich Marino for Towamencin supervisor in the Nov. 7, 2023 election.

The tie occurred after mail-in ballots that had previously been set aside were added due to a federal judge’s decision. On Nov. 28, Judge Susan Baxter of the U.S. District Court for the Western District of Pennsylvania ruled that undated or mail-in ballots with the wrong date should be counted. This brought many county boards of elections that were in the midst of certifying their elections to a halt, including Montgomery County, which is now slated to certify its results on Dec. 4.

“The drawing occurred (Thursday) at 12 p.m. Candidates selected tiles number up to 30. The person who selected the lower number is the winner. The drawing was done alphabetically by last name. Marino picked 28, and Osei selected 15. Osei won,”  said Megan Alt, Montgomery County spokesperson.

However, Marino is considering whether to challenge the result.

“My feeling is at this point is that I did not lose the election,” said Marino, a Republican. “I just picked the wrong number. Moving on to where this goes…  from the feedback I am getting, this court decision changing the rules after election day and after voters had cast their ballots does not sit well with a lot of people.  I feel I owe it to them as well as those that supported me to pursue the options that are available to me.   In addition, there is strong sentiment that this is an issue that needs to be resolved before the 2024 election.  Given that, I see an appeal of some sort down the road.”

Osei rose to prominence by leading Neighbors Against Privatization Efforts (NOPE), a group that opposed selling the township’s sewer system to a private company.  He then spearheaded a successful referendum to change Towamencin’s charter to home rule in order to try to block the sewer sale.

The Democrat is not rushing to declare victory.

“First thing is first, I am not going to declare myself the winner until I am certified as such. Rich has some options to challenge the result, and I respect his right to do so,” said Osei. “This is the 2nd time a Towamencin supervisor race has been uncertain due to the way votes by mail are processed, and Act 77 has been subject to lawsuits ever since it was passed in 2019. I would urge the general assembly to clarify the law prior to the 2024 election by removing the date requirement and allowing pre-canvassing of the ballots.

“I am very excited to have so much support in Towamencin versus an incumbent, regardless of what ultimately happens. It has been a contentious few years in Towamencin because of the proposed sewer sale, and ending in a tie feels poetic. We have a lot of work to do in Towamencin between our comprehensive plan and the North Penn High School renovations, and I hope we can start to sew some of the divisions that came up. We had a very high turnout for a municipal election, and I hope more people continue to follow municipal government,” Osei said.

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