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Home»Board of Commissioners Minutes»Board of Commissioners
8-13-18 Minutes

Board of Commissioners
8-13-18 Minutes

MINUTES

 BOARD OF COMMISSIONERS                                       LOWER ALLEN TOWNSHIP

REGULAR MEETING                                                       AUGUST 13, 2018

 

The following were in ATTENDANCE:

BOARD OF COMMISSIONERS                                     TOWNSHIP PERSONNEL

Edward Black, President                                                     Thomas G. Vernau Jr., Township Manager

Jack R. Simpson Jr., Vice President                                     Erin G. Trone, Assistant Township Manager

Richard F. Schin                                                                   David Holl, Public Safety Director

Dean W. Villone                                                                   Daniel Flint, Public Works Director

                                                                                             John Eby, Building & Zoning Coordinator

                                                                                             Steven P. Miner, Solicitor

                                                                                            Julie Echterling, Recording Secretary

President Black called the August 13, 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.   Commissioner Holtzman was not in attendance.

MEETING MINUTES

Commissioner SCHIN made a motion to approve the minutes from the July 23, 2018 meeting of the Board of Commissioners.  Commissioner VILLONE seconded the motion. Motion carried 3-0, with President Black abstaining due to his absence from that meeting.

EMPLOYEE RECOGNITION – PROFESSIONAL ACHIEVEMENT

The Board recognized Mr. John Eby for his election as the President of the Pennsylvania Association of Building Code Officials.  Mr. Vernau was recognized for his election as President of the Association for Pennsylvania Municipal Management for 2018-2019. 

AUDIENCE PARTICIPATION: ANY ITEM ON THE AGENDA

Mr. Kurt Hower, Patriot News, asked to speak on Ordinance 2018-05 under item 7(b).

CONSENT AGENDA

President Black 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 can request so now. There was no response.

Commissioner VILLONE made a motion to approve the following items on the Consent Agenda:

  1. Resolution 2018-R-30, a resolution of the Board of Commissioners of Lower Allen Township, Cumberland County, Pennsylvania, authorizing the sale of township property valued over $1,000.
  2. Tax Collector’s July 2018 monthly report.
  3. Requests for Reductions in Improvement Security:
    1. SLD Docket No. 2015-08, Arcona Highpoint Phase 1.5, approving a new amount of $376,237.39 and a new expiration date of August 13, 2019.
    2. SLD Docket No. 2017-02, Arcona Phase 2.1 and 2.2, approving a new amount of $1,302,393.08 and a new expiration date of August 13, 2019.
    3. SLD Docket No. 2018-03, Arcona, Phase 2.3, approving a new amount of $1,219,820.70 and a new expiration date of August 13, 2019.
  4. SLD Docket No. 2018-05: Lot Line Adjustment Plan for Highpoint Phase 1.3, Lot 34.
  5. SLD Docket No. 2018-06: Land Development Plan for Capital City Mall Restaurant Outparcel, contingent upon the following:
    1. PaDEP sewer component approval.
  6. Drainage Plan No. DP 2018-01, Cedar Cliff High School Batting Facility, contingent upon the following:
    1. Addressing comments of Township and County Planning staff.

Commissioner SCHIN seconded the motion. Motion carried 4-0.

PRESIDENT BLACK

Commissioner SCHIN made a motion to approve the Check Register of August 3, 2018 in the amount of $1,012,982.93.  Commissioner VILLONE seconded the motion.  Motion carried 4-0.

Vice President SIMPSON made a motion to approve the Manual Check Register of July in the amount of $1,810.45.  Commissioner SCHIN seconded the motion.  Motion carried 3-0.  President Black abstained as a family member received a check.

ORDINANCE 2018-05 – ADDING CHAPTER 134 – LITTER

Mr. Kurt Hower, Operations Director for the Patriot News, expressed a desire to work with the Township and asked for more time to work out a solution.  He believes, the way the Ordinance is written is unconstitutional.  He stated that Atty. Craig Staudenmaier, from Nauman Smith, was here and is representing the paper. 

Commissioner Villone believes the unconstitutionality of the ordinance is between the Solicitors.  He believes a solution can be found since the problem isn’t as high and wide in the Township.  He would like to see the parties work together toward a solution.  He believes the vote on this came very quickly and asked for a delay in the vote.  Solicitor Miner stated that he heard from Mr. Staudenmaier today and he provided a case about this issue.  He agreed with Mr. Villone on delaying a vote till next meeting to review the case.

Commissioner Schin asked what the issue is and Mr. Hower stated that the requirement of the paper being delivered to the door.  He stated that some want this publication.  They have part-time employees who deliver the paper who start out very early in the morning.  He stated that they want to work with the Township on a solution which could include an option to opt out of these deliveries.  Vice President Simpson expressed concern about having a paper delivered that he didn’t want or order and has to recycle it and then opt out of the paper.  President Black asked if an opt-in option was possible, and Mr. Hower stated that there is an opt-out option on the front page of the paper.  Discussion ensued.

Vice President SIMPSON made a motion to enact ORDINANCE 2018-05, an ordinance of the Board of Commissioners of Lower Allen Township, Cumberland County, Pennsylvania, adding Chapter 134, Litter, to the Codified Ordinances of Lower Allen Township.

Roll Call Vote:            Commissioner Schin- Aye

                                             President Black – No

                                                Vice President Simpson- Aye

                                                Commissioner Villone- No

 

            Ordinance 2018-05 failed by a of 2-2 vote.

Mr. Vernau asked the Board how they would like to proceed.  Commissioner Villone would like to see a litter ordinance and the parties work together on a solution with the Solicitor.  President Black asked staff and the Patriot News to work on a solution and come back in a month with a revised ordinance.

Release from Probation Period

Commissioner VILLONE made a motion to release MS4 Coordinator Rebecca Davis from her Probation Period.  Vice President SIMPSON seconded the motion.  Motion carried 4-0.

Vice President SIMPSON made a motion to release EMT Molly Curtis from her Probation Period.  Commissioner VILLONE seconded the motion.  Motion carried 4-0.

Resolutions Appointing PSOs

Vice President SIMPSON made a motion to adopt Resolution 2018-R-31, appointing Bryan A. Dunbar to the position of Public Safety Officer in the Public Safety Department, effective August 27, 2018.  Commissioner VILLONE seconded the motion.  Motion carried 4-0.

Vice President SIMPSON made a motion to adopt Resolution 2018-R-32, appointing Thomas D. Kidd to the position of Public Safety Officer in the Public Safety Department, effective August 27, 2018.  Commissioner VILLONE seconded the motion.  Motion carried 4-0.

COMMISSIONER SCHIN

James W. Chianos Memorial Field

Commissioner Schin spoke about the dedication of the field at LACP that took place last week.  He was unable to attend but wanted to honor Mr. Chianos.  He read a statement about meeting Mr. Chianos while he was a softball coach, how the fields in LACP were the finest in the league and what a privilege it was to play on the.  He spoke about the Keystone organization he coached and the quality of the fields.  He knows the labor of love it took to keep the fields to the quality they were, and he wanted to honor Mr. Chianos for his contribution and work.  His was a labor of love.  He thanked him for his work and stated that he will be missed.  President Black thanked him for his words.

ANY BUSINESS PERTINENT TO THE TOWNSHIP

Mrs. Jean Foschi, 2195 Brunswick Ave., stated that she was here to listen and learn.  She is running as the Democratic candidate for the State Representative in Pennsylvania’s 88th district.

TOWNSHIP ENGINEER

Letter of Credit -Off-Site Improvements Associated – Meridian Development

Mr. Flint discussed the letter of credit for Lisburn Devco I, LP, for off-site improvements associated with the Meridian development.  He spoke of the plan from 2011 for the traffic signal and the offsite improvements.  The security is $360,000.  Since the roundabouts are planned and the security expires in October, the Board could release the security.  President Black asked, if the roundabouts aren’t completed/started by  October, can we ask for the security.  Mr. Flint said it is possible.  A decision on the security will be due by the second meeting in September.

Stormwater Fee Program

Mr. Flint provided a presentation to the Board about the Stormwater Fee Program.  He discussed the two fee structures available for billing residents; flat rate or 2-tier structure.  He spoke about keeping the structure accurate and fair, resulting in minimal work for staff.  There are approximately 5,400 single family homes in the Township.  He spoke about the ERU (Equivalent Residential Unit) calculations.  He went over an example of two properties and how the fee structures would apply.  The consensus of the Board was to implement the flat rate system.

Mr. Flint discussed the level of services for the Stormwater Fee Program.  He discussed the planned maintenance expenses.  These expenses included street cleaning, operations & maintenance, MS4 permit compliance, Fee Program administration and billing, and legacy transaction costs.  There are two budgets, one is the full O&M and the other is the streamlined.  Four grants have been submitted for these projects.  He discussed the comparative quarterly fees for residents, gas stations, churches and box stores between the Full O&M and streamlined options.  Discussion ensued.  The Board agreed to go with the Full O&M option.

COMMUNITY AND ECONOMIC DEVELOPMENT

Zoning Hearing Board Report

Mr. Eby discussed Docket #2018-05.  The residents at 41 Citadel Drive requested a variance for a fence that would exceed the 3 ½ ‘height requirement in their front yard.  The ZHB approved the request.  He discussed Docket #2018-06 for 1418 Carlisle Road.  They requested a setback variance for enclosing a carport and the ZHB approved the request with conditions.  There are no new dockets for August. 

MANAGER

Trick or Treat date.

Mr. Vernau provided a list of the Trick or Treat dates for the surrounding municipalities.  Some are doing trick or treat on October 31st and some are on October 25th.

Commissioner SCHIN made a motion to make Thursday, October 25, 2018 trick or treat night for Lower Allen Township.  Vice President SIMPSON seconded the motion.  Motion carried 4-0.

National League of Cities’ Service Line Program.

Mr. Vernau provided a draft of the marketing documents for the insurance with the Nation League of Cities service line program.  He stated that the Township will receive 50¢ for per month per account.  The insurance is for sewer, indoor plumbing and water lines and a resident could have up to three accounts.  Commissioner Schin asked about how they are with doing repairs.  Mr. Vernau stated that the National League said they have a low denial rate.  Solicitor Miner questioned if there would be pushback from local utilities which is their competition for these types of programs.  Discussion ensued.  The consensus of the Board was they don’t mind if they send out the documents, but just not with the Township endorsing it.  President Black asked if there would be a difference in the rates if we don’t endorse it and Mr. Vernau will reach out tomorrow and find out.

Advertising a proposed ordinance to cut off membership in the Defined Benefit pension plan

Commissioner SCHIN made a motion to authorize staff to advertise Ordinance 2018-09, an ordinance which would cut off membership in the Defined Benefit pension plan as of October 1, 2018.  Vice President SIMPSON seconded the motion.  Motion carried 4-0.

COMMISSIONERS REPORTS

Mr. Flint discussed the delays in the paving project for Cedar Cliff Drive.

Commissioner Villone discussed the successful Lisburn Festival held this past weekend.  He spoke about the members and how they work as a team to raise monies.  He mentioned Captain Wirth was out helping during the festival.  Commissioner Schin spoke about the Public Safety meeting with COG and our Township staff being involved with the meeting.

Solicitor Miner reminded the Board about the early start to next Board meeting for the stormwater public hearing starting at 6:30 pm.  Director Holl thanked the Board for their vote for the PSO hiring.  This will allow 24/7 coverage which will help support the volunteers in the fire company.

RECESS TO EXECUTIVE SESSION

The Regular Meeting of the Board of Commissioners recessed at 8:42 p.m. for the following personnel and legal discussions: 

Executive Session:  Personnel and Legal.

  1. Stormwater Authority Member
  2. Solicitor Fee for 2019

RECONVENE REGULAR MEETING

The Regular Meeting of the Board of Commissioners reconvened at 9:16 p.m.

There was no need for a vote on any of the issues discussed in Executive Session.

ADJOURNMENT

The Regular Meeting of the Board of Commissioners adjourned at 9:16 pm.