Board of Commissioners
7-23-18 Minutes
MINUTES
BOARD OF COMMISSIONERS LOWER ALLEN TOWNSHIP
REGULAR MEETING JULY 23, 2018
The following were in ATTENDANCE:
BOARD OF COMMISSIONERS TOWNSHIP PERSONNEL
Jack R. Simpson Jr., Vice President Thomas G. Vernau, Jr., Township Manager
Carolyn Holtzman Erin G. Trone, Assistant Township Manager
Richard F. Schin David Holl, Public Safety Director
Dean W. Villone Richard Grove, Finance Director
Leon Crone, Police Captain
John Eby, Building & Zoning Coordinator
Steven P. Miner, Solicitor
Tina Thomas, Recording Secretary
Vice President Simpson called the July 23, 2018 Regular Meeting of the Board of Commissioners to order at 7:00 pm followed by a prayer and the Pledge of Allegiance. He announced that Proof of Publication was available for review. President Black is absent with excuse.
MEETING MINUTES
Commissioner SCHIN made a motion to approve the minutes from the July 9, 2018 meeting of the Board of Commissioners. Commissioner VILLONE seconded the motion. Motion carried 4-0.
PRESENTATION
Vice President Simpson congratulated Captain Frank Wirth on the completion of his Basic Emergency Management Certification and presented him with his certificate.
Mr. Vernau introduced Aaron Duncan, who was recently hired by Lower Allen Township as an auto mechanic.
AUDIENCE PARTICIPATION: There was no response.
CONSENT AGENDA
Vice President Simpson asked that any Commissioner, staff member or anyone in attendance who would like to have an item on the Consent Agenda removed for further discussion request so now. There was no response. The following items were on the Consent Agenda:
1. The release of Parks Superintendent Thomas Stambaugh from Probation effective July 23, 2018.
2. The release of Corporal Ed Curtis from Probation effective August 7, 2018.
3. The release of Corporal Jeremy Read from Probation effective August 7, 2018.
4. June monthly reports from Community and Economic Development, Public Works, and Engineer; Public Safety for May and June; Fleet for April, May, and June.
Commissioner SCHIN made a motion to approve the Consent Agenda and Commissioner VILLONE seconded it. Motion carried 4-0.
VICE PRESIDENT SIMPSON
Check Register
Commissioner VILLONE made a motion to approve the Check Register of July 20, 2018 in the amount of $533,696.22. Commissioner HOLTZMAN seconded it. Motion passed 4-0.
ANY BUSINESS PERTINENT TO THE TOWNSHIP
1. Mr. Carroll “Bucky” Nelson, 1444 Maplewood Drive, wished to address the Board regarding safety concerns with the intersection of Beacon Hill Blvd and Capitol View Drive. He stated that there are no pedestrian crossing signs posted here and he has had numerous “close calls” with motorists who do not yield to pedestrians. He requested that Lower Allen Township work to get pedestrian crossing signs posted. Mr. Vernau stated that this will require permission from PennDOT and possibly a traffic study.
2. Mr. Kurt Hower, Operations Director with the Patriot News, and Mr. Dan Christ came to request that the Board of Commissioners revise proposed Ordinance 2018-05, which would seek to end the distribution of free newspapers and circulars by throwing them in driveways. Mr. Hower shared that the newspaper has protection under the First Amendment, gives local citizens a way to earn money by distributing the papers, and helps local businesses who advertise in the publication. He stated that they do not deliver the Patriot Plus to apartment buildings or vacant lots and that there is a non-delivery list that people can be added to who do not wish to receive the paper. Vice President Simpson asked how long it takes for delivery to cease after being added to the list, and Mr. Christ responded 7 to 10 days. Commissioner Villone asked about what training employees receive regarding paper delivery. Mr. Hower said that paper deliverers are told to throw the papers in driveways and complaints tend to be from service not placement. Mr. Schin asked if the people receiving the papers want them and was told that everyone receives a paper unless they opt out. The Commissioners will take the request under advisement.
COMMUNITY AND ECONOMIC DEVELOPMENT
Arcona Improvement Security
Mr. John Eby, Building and Zoning Coordinator, provided information to the Board on several Requests for Reductions in Improvement Security. He stated that they are routine requests due to completion and he will have the dollar amounts for action at the next Board of Commissioners meeting in August.
a. SLD Docket No. 2015-08, Arcona Highpoint Phase 1.5
b. SLD Docket No. 2015-10, Arcona Phase 2.1 and 2.2
c. SLD Docket No. 2018-03, Arcona Phase 2.3
Final Subdivision Plan for 145 S. Locust St.
Mr. Eby presented SLD Docket No. 2017-04 for 145 South Locust Street for Board of Commissioner approval. This follows a 2 week time extension granted by the Board on July 9, 2018. Mr. Tim Dewire of K&W Engineers was present and addressed the Board. He stated that revised plans were submitted to the Township and all outstanding comments have been addressed. He does not anticipate any problems receiving the HOP and NPDES permits, as these had been granted for this property in the past. The Lower Allen Township Authority approved the plans on July 12, 2018. Commissioner SCHIN made a motion to accept the plans and Commissioner HOLTZMAN seconded it. Motion carried 4-0.
High Point Lot Line Adjustment
SLD Docket No. 2018-05 is a Lot Line Adjustment Plan for Highpoint Phase 1.3, Lot 34. Mr. Eby put a sketch on the overhead projector to show the plan. Mr. Anthony Faranda-Diedrich from Charter Homes was on hand to explain the need for the variance. Due to a cantilever bay window which extends into the five foot setback of the side yard and into the open space, a 192 square foot of land from the adjacent Open Space Lot OS-8B is to be added to Lot 34. The window was not shown on the foundation or construction plans initially. The lot line adjustment is minimal enough that the calculated Open Space required is not changed. Commissioner Villone added that the Planning Commission is also aware of this and did not have any issue with it. Since the home is currently occupied under a temporary permit, Charter Homes will perform a final survey of the home to verify that the lot lines are as stated. This should be ready for a final approval at the next BOC meeting.
Capital City Mall Restaurant Out-parcel
There was discussion involving the anticipated Capital City Mall Restaurant Outparcel which is SLD Docket No. 2018-06. This 6,500 square foot restaurant would be located near the intersection of Hartzdale Drive and Lower Allen Drive. Mr. Eby showed the audience where this would be in relation to the mall on the overhead projector. Craig Raynor of Pennoni Associates and Steve Hutchison from PREIT filled the audience in on the details of the plans. They will be taking some parking spaces but there are still enough remaining to comply with the zoning requirements of one space for every 350 feet. The restaurant will tie into the existing sewer, and utilities will be private. The restaurant will actually be creating more pervious area with the planned islands. Mr. Raynor stated that he has met with Mr. Flint. This item could be on the agenda for a vote at the next BOC meeting.
Public Hearing for Zoning Code Amendment
Mr. Eby requested permission to advertise and to set a public hearing date for an amendment of Zoning Ordinance Chapter 220. As discussed in the July 9th Board of Commissioners meeting, the maximum building height would be increased to 75 feet in the C-2 General Commercial and C-4 Regional Commercial districts. In the I-2 Mineral Recovery district, which previously did not have an established limit, building height would be limited to 75 feet. Commissioner VILLONE made a motion to advertise the hearing and Commissioner SCHIN seconded it. Motion carried 4-0. The meeting will be advertised for September 10th at 6:00 pm.
Updating Codified Ordinances Chapters
The next item for discussion is switching from the use of the 2009 edition of the PA Uniform Construction Code to the 2015 edition published by the International Code Council. Lower Allen Township currently uses the International Property Maintenance Code and Fire Code from 2009 and this would be switched to the 2015 editions of these as well for consistency. There is a typographical error in Chapter 70, Section 70-8(A) that will be corrected. In addition, the Zoning Department staff would like to see a resolution that specifically grants the Building Code Officials to have control over rules related to the processing of applications and permits. Currently the Uniform Construction Code does not authorize the Building Code Officials to do this. Commissioner Villone asked if there would be any changes in going from 2009 to 2015. Mr. Eby stated that there are not really many changes.
MANAGER
National League of Cities Service Line Program
Township Manager Tom Vernau spoke about an opportunity for residents called the NLC Service Line Warranty Program. In our area this is administered by Homeserve USA. It is an insurance program that residents can sign up for that protects against expenses related water laterals, sewer laterals, and indoor plumbing. The Township would receive 50 cents per month for each program signed up for. There is no cost to the Township. Mr. Vernau will pursue this with Homeserve USA and find out what their marketing plan entails for the next meeting.
Recycling Crisis Presentation
Mr. Vernau made a presentation sponsored by Penn Waste entitled “The Recycling Crisis.” Due to China not accepting recycled materials which do not meet a very low contamination level, the United States has no market for our recyclables. They have currently banned all paper recycling. We may see a large reduction in what can be recycled and how it can be placed out for collection. If materials cannot be sold, waste collection fees may go up. Our current contract with Penn Waste runs until the end of 2019. The Township may go out to bid for future trash and recycling service if costs go up significantly. Commissioner Schin stated that he appreciates that Penn Waste is being upfront with the upcoming changes.
Amending the Noise Ordinance for Fireworks
A draft of Ordinance 2018-07 that addresses consumer fireworks was introduced. The current Noise Ordinance for the Township does not extend to fireworks. Two sections of the ordinance would be amended to define what consumer fireworks are and to establish 11 pm as the cutoff time for discharging fireworks. Public Safety Director Holl stated that he feels 11 pm is a reasonable time. Commissioner SCHIN made a motion to authorize advertisement of the ordinance as is and Commissioner VILLONE seconded it. Motion passed 4-0.
Defined Contribution Pension Plan
Mr. Vernau led a discussion related to the defined contribution plan after the Board’s recent meeting with Randall Rhoades, the Township’s pension attorney. Mr. Rhoades stated that there would not be a problem having the program in place by the end of the year and possibly in the next 4 months. The Board will need to decide between three scenarios:
1. Voluntary employee contributions: the Township chooses what they want to put in and the employee can decide what amount they wish to contribute but it is not pre-tax
2. Mandatory employee contributions: the Township sets an amount to put into employee accounts and also sets the amount that employees are mandated to contribute; this is pre-tax
3. No employee contributions: the Township selects what they want to put in for their employees and they alone contribute. Employees are encouraged to save on their own by utilizing a 457 plan. This would be pre-tax.
Commissioner Villone expressed concern that the retirement plan offered be attractive to quality employees. Mr. Grove spoke about the liability that comes with defined contribution plans if the Township would be accused of not managing investments well. He recommended that employees selected their investment options to prevent this. Mr. Rhoades recommended against voluntary contributions. He suggested a 12% contribution, with 8% Township contribution and a 4% mandatory match. State aid contributes up to 10%. There are two positions for Public Safety Officer that are ready to be filled. Commissioners Schin and Holtzman expressed their belief that there should be a hiring freeze until the new plan is established. The date of September 15th was set as the cut off for being hired under the Defined Benefit plan. The two PSOs will be hired under the current Defined Benefit plan. The preferred percentage is 8% by the Township and 2% by the employee. Mr. Vernau will summarize the discussion and present it for a vote at the next BOC meeting.
COMMISSIONERS REPORTS
Public Safety Director Dave Holl stated that they are closely monitoring the weather reports and potential for flooding. The Yellow Breeches is expected to crest just under a moderate flood stage. A community alert will likely go out tomorrow. Public works is ready with road blocks.
Commissioner Villone thanked Mr. Eby for his organization of the Yellow Breeches cleanup and the leadership he provides. He also mentioned that crime statistics seem to show crime is down with the exception of forgery and counterfeiting. Captain Crone stated that checks and credit cards are mostly what the criminals use because they have a lower probability of getting caught.
Vice President Simpson also expressed appreciation for the work done with the Yellow Breeches cleanup.
RECESS TO EXECUTIVE SESSION
The closed executive session took place from 9:16 pm until 9:56 pm. They discussed a Letter of Intent for the recently vacated Bon Ton property.
The Board reconvened at 9:56 pm and Commissioner SCHIN made a motion to loan the Lower Allen Development Authority $810,000 for a down payment on the former Bon Ton property being liquidated by A&G Properties. This was seconded by Commissioner VILLONE and the motion carried 4-0.
ADJOURNMENT
The Regular Meeting of the Board of Commissioners adjourned at 9:58 pm.