Tempers Flare as Clarion Borough Moves Forward With Stormwater Repairs Despite Objections

Leon Aristeguieta

Leon Aristeguieta

Published March 3, 2022 5:35 am
Last Updated: April 5, 2024 5:25 am
Tempers Flare as Clarion Borough Moves Forward With Stormwater Repairs Despite Objections

CLARION, Pa. (EYT) — Clarion Borough will move forward with a combined stormwater project and sinkhole repair with Clarion University in spite of objections from a stormwater authority member.

During the borough council’s meeting on Tuesday, March 1, two motions were approved authorizing the borough to move forward with the design and procurement of necessary services for the repair of the stormwater system at 78 N. First Avenue, across from Memorial Stadium.

The project aims to repair a sinkhole that has developed on the property as a result of the stadium’s stormwater system not fully functioning. The Clarion University Foundation has agreed to split the cost of the project with the borough.

During the public comment period, before these actions were taken, Clarion Borough Stormwater Authority Secretary Tom DiStefano voiced his objections to the projects, arguing the stormwater authority should be the one to make the repairs, not the borough.

“The authority has the responsibility according to the lease agreement and perhaps the ordinance. If the borough spends tax money or grant money on this project, that’s money that should have come from the stormwater fee and then this raises the burden unto the property taxpayers of the borough,” said Distefano.

The response from the borough council to DiStefano’s objections was that because the sinkhole had become a public hazard, the borough needed to step in.

“We intend to go ahead with this project because it is a dangerous situation,” council president Carol Lapinto told Distefano. “It is not a time to make a point the university is not paying their stormwater fee…It’s creating a very serious situation.”

DiStefano said the authority has the ability and the funds to repair the system and said that he was in favor of repairing it, but he could not speak for other members of the authority.

“If you take action, we won’t have to, but we’re going to take action tonight to ensure the safety of the community,” said borough solicitor John Marshall. “It is true that you have the general authority over the stormwater system, but the borough’s name is still on the permit. They’re still responsible. If PennDOT comes in and insists that things be repaired, it’s ultimately the borough’s responsibility.”

DiStefano also brought up the fact that Clarion University has failed to pay its stormwater fees, citing their tax-exempt status. This point drew ire from the council as the members said they could not discuss it due to current litigation over whether state universities are subject to stormwater fees.

“I don’t think this is on topic at all,” said borough councilmember Zachary Garbarino, competing with DiStefano for who could talk over the other. “This is a non-agenda item. This should not be allowed.”

“Yes it is,” DiStefano told Garborino. “This is the same thing.”

“No, we’re talking about them not paying,” chimed in Lapinto.

“Well, that’s what has led to this,” replied DiStefano.

Also, a contentious point regarding two meetings between the borough and the university on the sinkhole issue held in January in which the authority was not present.

According to DiStefano, this was because they were not invited, but borough council members disagreed with this point, as well.

“The stormwater authority was invited to attend that meeting,” said councilmember Keaton MacBeth. “Your chairman chose not to.”

“I was not invited nor was anyone else. The two employees of the authority were there on behalf of the borough. We had nobody there,” said DiStefano.

The chairman of the stormwater authority and borough councilmember, Ben Aaron, was not present at the March 1 meeting.

Speaking to exploreClarion.com after the meeting, MacBeth explained it is the university’s stormwater system that is not working properly and has caused the sinkhole.

“We reached out to the university for financial assistance on it because it’s going to benefit them and benefit us,” he said.

MacBeth added fixing the issue with the university will actually be saving the borough around $11,000.00. The borough’s part in the project will be paid through American Rescue Plan money.

The stormwater authority has been aware of the sinkhole issue since July 2021.

“We’re trying to fix a situation and possibly head off another one if PennDOT comes in,” said MacBeth.

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