Politics & Government

Solicitor: Offering Payment Plans is 'Risky Venture'

Meanwhile state Rep. Jesse White said he filed an open records request.

Solicitor Romel L. Nicholas told the Cecil Township Municipal Authority that not only is the governing body within its right to lien the homes of those residents who did not pay their tap-in fee—but that it would be irresponsible not to.

“You have a duty to protect bond holders,” he told the board during its meeting Tuesday, adding that payment plans are generally not offered until after a lien has been filed.

The comments were in response to a from , D-, to township supervisors that blasted the .

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Nicholas told the board that offering a payment plan was a “risky venture.”

He said one risk is the possibility that a homeowner might file bankruptcy, which he said could affect the ability of the authority to collect on payment.

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“If bankruptcy is filed, you lose your priority claim,” he said, adding that state and case law dictate that placing liens on delinquent property owners is standard operating procedure for many boards.

Nicholas then lauded authority Manager Dennis Bell, telling the board that he has worked with district judges to “amicably” resolve outstanding issues with delinquent payments associated with both the Miller’s Run and Fleeher sewage projects.

And the solicitor and manager added: Payment plans have been offered on a “case-by-case” basis, and that residents needed only to contact the authority to ask for help.

Bell said, for example, that of the 18 properties in the Fleeher plan that were facing a possible lien, only eight of the owners called in to inquire about what options were available.

Still, board Chairman Don Gennuso suggested a committee of two members investigate the matter further—and possibly create a uniform policy and “formalize the process.”

That way, he told the board, it could not be “falsely accused of not working with our customers.”

But Nicholas again cautioned them, saying it had always had a certain “amount of discretion the board has” and that that should be retained.

But Gennuso persisted, volunteering to be one member of the committee. Authority member Leslie Peters volunteered to act as the second member.

Gennuso also suggested that the authority defer filing liens on the 18 property owners in the Fleeher plan who have yet to pay tap-in fees until the committee has a chance to review a packet Nicholas provided about case law, statutes and other information associated with the practice of filing liens.

The committee is expected to make a report to the board during its next meeting, which will be held at 6 p.m. Feb 21.

But board member Stephanie Lucchino, who was recently reappointed, said she felt the authority would be “negligent” if it didn’t immediately file the liens.

“We don’t get to pick and choose who pays and who gets off the hook,” she said. “I’m gonna go on record now and say I’m in favor of liening.”

Reached for comment on the meeting, White said a committee of two members isn’t enough.

“Two of five isn’t enough to make a change. This is an example of why I asked the board of supervisors in writing and in person to hold off on reappointing Ms. Lucchino,” he said. “By reappointing Ms. Lucchino, who in her first meeting said she was in favor of liening, the board of supervisors has institutionalized the status quo and missed a golden opportunity to prove they care about the people of Cecil Township instead of the bond holders.”

And White scoffed at the suggestion that liening properties without first offering a payment plan was the responsible move.

“Insisting on slapping liens on senior citizens without a uniform and consistent payment plan is unconscionable and cruel. Period,” he said, adding that he is now hearing reports that some residents were offered long-term payment plans that were not offered to others.

And that led White to his next step: Filing an open records request with the authority to “investigate this and many other concerns.”

“If it turns out that some residents were given an unfair advantage that other residents weren’t afforded, then I think it might be necessary to explore all remedies—including consulting the ethics commission, the attorney general’s office, auditor general’s office and private law suits by taxpayers.”

He added: “Just because the municipal authority members were never elected by anybody doesn’t mean they are above the law. I’m not stopping until this is over—and if some of them don’t like it, too bad for them.”


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