NBCJMA 12 May 2026 Meeting Summary

Executive Summary

The May 12, 2026, meeting of the Newtown Bucks County Joint Municipal Authority (NBCJMA) and subsequent communications centered on the finalized legal authorization to sell Authority-owned land and the critical state of the regional sewer infrastructure.

Following a May 5, 2026, court order, the Authority has been granted permission to sell its 17-acre property on Lower Silver Lake Road. Recall that this land was obtained via an Eminent Domain purchase for $11.5 million (read “#NewtownPA Sewer Authority Scraps $128 Million Wastewater Treatment Plant”). The Authority intends to manage the sale internally to avoid realtor commissions, though it has already received multiple offers, including a low bid from Worthington. While there is significant public pressure to use sale proceeds to offset a major portion of the recent 47% rate increase, the Authority has not yet committed to any specific financial application for the sale proceeds.

Operationally, the “test and seal” program has revealed a significant 40–45% failure rate in terracotta pipe joints within the Tyler Walk section. This finding confirms that groundwater infiltration (I&I) is a primary driver of system costs. While the program is moving next to the Headley section, progress remains constrained by a $250,000 annual budget limit rather than a lack of necessary repairs.

Land Sale and Legal Status

Court Authorization and Strategy

On May 5, 2026, the court issued an order granting the Authority permission to list and sell its Lower Silver Lake Road property that was meant to be used for a waste water treatment plant — a project that was abandoned due to opposition by Newtown Township. Manager Mike Menditto confirmed that the Authority has “full reign” to sell the property as they see fit, with no contingencies, time limits, or restrictions imposed by the judge.

Internal Management: The Authority is contemplating handling the sale in-house through their solicitor to avoid realtor commission fees.
Property Characteristics: The land is a 17-acre parcel on Lower Silver Lake Road, described as the “last big buildable lot” in Newtown.
Bidding Process: To avoid “tainting the waters” or encouraging collusion among bidders, the Authority plans to discuss specific offer amounts and bidder identities in executive sessions rather than public meetings. By law, municipal authorities can handle real estate transactions in closed-door executive sessions.

According to Mr. Menditto, the Authority has already received multiple offers, but detailed discussions have been deferred to executive sessions. For example, the Board chose not to act on an initial offer from Mr. Jim Worthington — the land’s original owner — because it was deemed too low.

The Authority is not required to rush into accepting the first or lowest bid; rather, their stated goal is to make a fiscally sound decision that yields the “most bang for our buck for the ratepayers’ money.”

Pending Litigation

The Authority’s solicitor is currently managing a motion to quash a request for “delayed damages.” A supplemental memorandum of law is being prepared to move this matter toward final review.

Additionally, various litigation matters involving “Prop Co” — Wawa — and other civil issues remain under discussion in executive sessions.

Infrastructure Integrity and Maintenance

The “Test and Seal” Program

The Authority is aggressively pursuing a remediation program for its aging terracotta pipes, which date back to the 1960s and 1970s.

Technical Process: The process involves an air-testing device that uses a bladder to test each joint, located every 4 to 5 feet. If a joint fails the pressure test, grout is applied from the inside to seal the joint against groundwater.
Failure Rates: Testing in the Tyler Walk section revealed a 40–45% failure rate. This is significant because it allows groundwater to enter the system — Inflow and Infiltration — increasing treatment costs, though it does not necessarily mean sewage is leaking out.
Geographic Progress: The Tyler Walk section was completed ahead of schedule. The program will next target the Headley section, which is known to have similar leakage issues.
Budgetary Constraints: The program is currently limited by the annual budget. Approximately $250,000 remains for the current fiscal year. Manager Menditto noted that the availability of funds, rather than the volume of work required, dictates the pace of progress.

Bird-in-Hand Sinkhole Investigation

The Authority recently investigated a sinkhole near a sewer lateral at the Bird-in-Hand property on State Street in Newtown Borough.

Findings: Dye testing and downstream monitoring confirmed there was no inflow or pipe breakage.
Conclusion: The sinkhole was likely caused by an old, uncompacted septic tank or a decaying root ball from a large tree rather than sewer infrastructure failure.

Development Project Updates

The Authority reviewed several ongoing and proposed developments within the service area:

Municipal Policy on Private Roads

The Authority reaffirmed its policy regarding the dedication of infrastructure. If a township does not accept dedication of a road — common in new developments using HOAs — the Authority will not accept the underlying sewer facilities. This shift forces developers to maintain private low-pressure systems rather than the Authority taking on long-term maintenance of those lines.

Public and Regulatory Friction

Transparency and Rate Hikes

Public commentary highlighted significant community dissatisfaction regarding two main areas:

Rate Increases: A 47% rate increase was recently implemented. Residents have questioned whether proceeds from the land sale will be used to rescind or offset the portion of the rate hike — estimated at 26% — tied to loan coverage for “Phase One.”
Closed-Door Proceedings: There is frustration regarding “closed-door” sessions at the April 27, 2026, Common Pleas court case regarding the land sale requestion — read “NBCJMA Eminent Domain Case #2024-03151” — and the use of executive sessions to discuss land sale offers, which residents feel limits public transparency.