Borough, university agree to repair sinkhole

Clarion Borough Council earlier this week approved the first steps in repairing a sinkhole along North First Avenue caused by drainage erosion.

The developing sink hole is next to a home owned by the Clarion County Housing Authority.

By a 6-0 vote, council approved authorizing The EADS Group, borough engineers, to design specifications for the repair. Council also approved procuring a contractor to make the repairs according to the specifications The EADS Group develops.

The borough estimates the cost of the repairs at $22,200.

Clarion Borough Council President Carol Lapinto said Clarion University has agreed to pay half of the costs related to the sinkhole repair, up to $11,100.

Clarion University wants to reconnect its stormwater runoff to the drainage system, which is a part of the sinkhole problem.

Water from the parking lot at Memorial Stadium across Route 322 from the sinkhole area has washed out the two collection system drainage pipes that take the water under the roadway. Heavy rains can push debris onto the highway.

Under pressure from the Pennsylvania Department of Transportation, Clarion University wants to repair those collection system drains and direct the water into the borough’s stormwater system again.

The borough, in turn, has been advised by its engineers that the system, in its current state, cannot handle the extra water until the sinkhole area is repaired.

Council believes it controls which entities can tap into the stormwater collection system.

However, members of the Clarion Borough Stormwater Authority believe they should have control over who can tap into the system, when and where.

As of now, Clarion University owes nearly $100,000 in past-due and current stormwater fees.

That bill is in dispute, as the Pennsylvania State System of Higher Education believes the fee is a tax. PASSHE asserts it is not subject to local taxes.

A similar case is in litigation at West Chester University.

The Stormwater Authority believes the fee is not a tax, but a fee levied on all property owners. Therefore, it charges the fee on the university as well as all county-owned property, churches and other nontaxable properties.

Local Clarion University officials have no say in the matter and both the university and the Stormwater Authority have declined to publicly comment on the matter, citing possible litigation.

Citing proposed actions on the agenda, Stormwater Authority Secretary Tom DiStefano asked about council’s intent on the sinkhole at the start of its Tuesday night meeting and whether council had the authority.

“We intend to go ahead with this because it is a dangerous situation,” Lapinto said. “Now is not the time to ask about the university not paying its bills.”

The borough’s legal counsel, John Marshall, said, “The fee not being paid is a topic for another day.”

DiStefano said the Stormwater Authority, being tasked with the management and operation of the borough’s stormwater system, should and can make the needed repairs at the sinkhole location.

DiStefano said the Stormwater Authority would be spending stormwater funds generated by the fee on the repairs where the borough would be spending taxpayers’ money.

Council member Keaton MacBeth, chairman of council’s public works committee, agreed the Stormwater Authority could make the repairs.

“But will you?” MacBeth asked.

Lapinto and MacBeth said council member Ben Aaron, as chairman of the Stormwater Authority, was invited to meetings with Clarion University to discuss the issues of the sinkhole repair and reconnecting to the stormwater system.

“But he had other commitments,” Lapinto said.

DiStefano said, “The Stormwater Authority still manages that system.”

Marshall asked if the Stormwater Authority has the funds to make the repair. DiStefano said he believes it does.

“Then why haven’t you?” MacBeth asked.

“We were cut out of the meeting,” DiStefano said. “I’ll make the motion at the next (stormwater authority) meeting to have it done quickly.”

MacBeth countered the Stormwater Authority chairman was invited but didn’t show up.

“And he’s not here tonight. I guess I’m the one here to defend the authority,” DiStefano said. “Do what you want. I’m just here to voice my opinion.”

When the actions came up later in the meeting, both were approved without further comment.