Board of Commissioners
4-8-19 Minutes
MINUTES
BOARD OF COMMISSIONERS LOWER ALLEN TOWNSHIP
REGULAR MEETING APRIL 8, 2019
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 Dan Flint, Public Works Director
Richard Grove, Finance Director
Leon Crone, Police Captain
John M. Eby, Zoning Officer
Steven P. Miner, Solicitor
Tina Thomas, Recording Secretary
President Black called the April 8, 2019 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 absent with excuse.
MEETING MINUTES
Commissioner SCHIN moved to approve the minutes from the March 25, 2019 Regular meeting of the Board of Commissioners. Vice President SIMPSON seconded the motion. Motion carried 4-0.
STORMWATER MANAGEMENT PROGRAM PRESENTATION:
Mrs. Rebecca Davis, Lower Allen Township’s MS4 Coordinator, presented a slideshow outlining our current stormwater program and the steps required by our PAG-13 National Pollutant Discharge Elimination System (NPDES) permit. This meeting is required annually for our permit. The goal of this program, which is regulated by the DEP and EPA, is the reduction of pollutants into waters of the Commonwealth and ultimately into the Chesapeake Bay. Our current NPDES permit is good for five years and runs from March 16, 2018 to March 15, 2023. Neither the federal nor state government provides funding for this program and permit but requires municipalities to comply or face fines.
There are six different Minimum Control Measures (MCMs) that must be reported on annually to the governing agencies demonstrating efforts to reduce pollutants. Pollutant Control Measures (PCMs) were developed by the DEP relating to pathogens and priority organic compounds found in discharged water. In Lower Allen Township, The Cedar Run has been listed as an impaired stream for pathogens and the Yellow Breeches has been listed as an impaired stream by priority organic compounds. Suspected sources of contamination are required to be determined and “mapped” by the end of June 2019. The Chesapeake Bay Pollution Reduction Plan consists of retrofitting ten stormwater management basins and bioretention areas in Lower Allen Township. Grants have been obtained from the DEP for two of the four that are located on Township owned property. The other six are on private property and will require easements. Mrs. Davis hopes to accomplish educating a lot of the population of the Township before new ordinances take effect. She has received questions regarding what is required to retrofit old basins.
President Black asked if the waterways listed as impaired have levels high enough to endanger wildlife. Mrs. Davis stated that the DEP did not share data with us regarding their findings. John Freidhoff of 2000 Milltown Road, inquired about the recently assessed fee for the stormwater program. Mrs. Davis explained how the fee was determined and how the money collected goes to meeting the requirements of the unfunded mandate.
AUDIENCE PARTICIPATION: ANY ITEM ON THE AGENDA
There was no response.
PRESIDENT BLACK
Check Register
Commissioner SCHIN moved to approve the Check Register of March 29, 2019 in the amount of $168,298.81 and Commissioner VILLONE seconded it. Motion carried 4-0.
Resolution 2019-R-10
Vice President SIMPSON moved to adopt Resolution 2019-R-10, authorizing the sale of Township property valued at over $2,000. Commissioner SCHIN seconded the motion. Motion carried 4-0.
Tax Collector’s Report
Tax Collector’s Monthly Report was provided but there were no questions.
ANY BUSINESS PERTINENT TO THE TOWNSHIP:
There was no response.
TOWNSHIP ENGINEER
SLD Docket No. 2016-04: Increase Improvement Security for Highpoint Phase 1.3
Mr. Dan Flint, Township Engineer, reported on the Improvement Security for Highpoint Phase 1.3 that will be coming up for its annual renewal soon. There will be an increase included in this fee. This will be presented for action at the next Board of Commissioners meeting.
Indemnification Agreement for Trinity Place
The SLD Plan for Jenny’s Salon, 4500 Gettysburg Rd. calls for placing a parking lot partially into a paper street named Trinity Place. This street is adjacent to Jenny’s Salon property and was drawn on the original plan by the developer but never created. The attorney for the developer would like to extinguish any private easement rights, as public rights have already expired. Mr. Miner stated that the normal way of doing this is to notify property owners in the subdivision, but the developer feels that they can acquire the street without doing this. They have offered the Township an Indemnification Agreement. If this action were to be challenged in the future, the Indemnification Agreement would protect the Township from any disputes or legal fees. Any easement disputes would be heard in a courtroom, not a Board meeting. The Indemnification agreement will not be signed at this meeting. President Black stated that he would like Mr. Miner to notify the applicant of the Board’s preference to see this done in the correct way.
SLD Docket No. 2018-09: Land Development Plan for Jenny’s Salon
Mr. Flint led a discussion regarding granting a time extension to Jenny’s Salon located at 4500 Gettysburg Road for their Land Development Plan until May 28, 2019. Commissioner SCHIN moved to accept the time extension and Vice President SIMPSON seconded it. Motion carried 4-0.
2019 Street Resurfacing Maintenance Project Bids
Roadways in the Fair Oaks neighborhood are overdue for resurfacing following sewer and gas line installation. Permission for staff to solicit bids for the project was sought by Mr. Flint. Vice President
SIMPSON moved to authorized staff to solicit bids and Commissioner SCHIN seconded it. Motion carried
4-0.
FINANCE
Resolution 2019-R-11
Mr. Rick Grove spoke about Resolution 2019-R-11, which amends the Investment Policy Statements (IPS)
for the Lower Allen Township Police Pension Plan and Lower Allen Township Non-Uniformed Pension
Plan. This gives our new plan administrator, Huntington Bank, permission to make investment decisions within stated parameters. Vice President SIMPSON moved to approve Resolution 2019-R-11 and Commissioner VILLONE seconded it. Motion carried 4-0.
PUBLIC SAFETY
Job Description and Proposed Advertisement
Public Safety Director David Holl requested permission to advertise for both full-time and part-time EMT Paramedic positions. These positions are required to make it possible to provide fully staffed
ALS service 24/7/365. Upon approval by the Board, advertising would begin immediately with a deadline
for applications of April 30, 2019. Interviews are anticipated to take place in early May with employment
offers going out in June for a start date of July 1, 2019. President Black inquired about having a medical
director in place by then. Mr. Holl stated that we will use our current one until we find a new medical
director. President Black stated his preference to delay hiring until we get a medical director. Commissioner VILLONE moved to authorize advertisement Commissioner SCHIN seconded it. Motion carried 4-0.
COMMUNITY AND ECONOMIC DEVELOPMENT
Building Safety Month
Mr. John Eby announced that there will be a resolution up for a vote at the next Board of Commissioners
Meeting proclaiming May 2019 to be Building Safety Month.
Zoning Hearing Board Report
The following dockets will be considered at the April 18, 2019 Zoning Hearing Board meeting:
- Docket #2019-01 Special Exception Request (Section 220-241) from the Pennsylvania Delaware District Council Assemblies of God, 4651 Westport Drive, to reduce the number of required parking spaces. This would be done to accommodate a building addition. They have provided data showing that they do not need the number of off-street parking spaces that they currently have.
- Docket #2019-02 Special Exception Request (Section 220-165B) from Kacie Henley, 132 Yorkshire Drive, to establish a home pet grooming business with a sign not to exceed six square feet. She currently has ample room for parking of customers. If approved, the staff will also request a review of wastewater generated and water consumed.
- Docket #2019-03 Special Exception Request (Section 220-241) from Johnnie Compton III, 2238 Gettysburg Road, to reduce the number of parking spots required to serve the Lower Allen Shopping Center. He would like to create a 100-seat tasting room and restaurant and is planning to use empty parking spaces in the shopping center which are not used, as the other businesses are not open in the evenings. A document showing that the other shopping center owners are in agreement with the plan has not been produced. Therefore, the Zoning Hearing Board is requesting authorization to use the Solicitor at the meeting. President Black would like the agreement to be provided before the applicant is heard at the meeting.
- Docket #2019-04 Variance request (Section 220-242.L.2(b)) from JMS Property, LLC, 4500 Gettysburg Road, to encroach into the required side yard five foot setback with a new parking area. Participation of the Solicitor has also been requested for this Docket.
Commissioner VILLONE moved to approve participation of the Township Solicitor at the Zoning Hearing Board meeting on April 18, 2019. Vice President SIMPSON seconded the motion and the motion carried 4-0.
TOWNSHIP MANAGER
Township Manager Tom Vernau spoke about a proposal from Cohen Law Group to update our Wireless Communication Facilities Ordinance. Cohen Law Group, who works for COG, created our current ordinance. Due to new rules passed by the FCC, they would like to update our ordinance to ensure compliance with the requirements. They are willing to discount the cost if enough COG municipalities participate. Commissioner SCHIN moved to authorize this proposal and Vice President SIMPSON seconded the motion. Motion carried 4-0.
COMMISSIONERS REPORTS
Mr. Holl spoke about the first meeting of the Public Safety Ad Hoc Committee having taken place last Monday with a good turnout. The next meeting is scheduled for April 16th in the EOC. Crimewatch cards were handed out by Captain Crone. They are getting good feedback from the Crimewatch posts.
Commissioner Schin asked if there was follow-up on the live streaming of Board meetings. Mr. Miner stated that closed caption services are required for public meetings. Mr. Vernau will get a proposal together with an estimated cost for doing this. Commissioner Schin also inquired about clutter around buildings being addressed by Township ordinance. Mr. Eby stated that if the clutter causes a fire hazard by blocking access to a building it is prohibited.
Vice President Simpson spoke about attending a Block Shoot at the Lisburn Fire Company. He stated that this event brings in a decent amount of money for the fire company and he looks forward to attending again in the future.
Commissioner Villone also spoke about the Lisburn Fire Company being a very active organizations. He encouraged anyone with interest to volunteer. He also stated that he is in charge of finding vendors for the Lisburn Old-Time Festival. Commissioner Villone asked if any progress has been made with a survey for residents near Windsor Park. Mr. Vernau stated that the land survey is finished, but a survey of the residents has not yet been sent out.
Mr. Vernau announced that he has filed a formal complaint with the PUC regarding recent unannounced road closures by the Norfolk Southern Railroad. He also communicated with the Manager of Hamden Township, which also had unannounced closures. He requested a copy of the complaint form as well.
Yard Waste collection has begun. Zeager Brothers is temporarily not accepting yard waste, so Penn Waste will be bringing the bulk yard waste to the Lower Allen facility for the time being.
Mr. Eby spoke about last Saturday being the trash clean up organized by Yellow Breeches Watershed Association and Suez. Less trash than usual was found. MS4 information was also distributed.
ADJOURN TO EXECUTIVE SESSION
The Regular Meeting of the Board of Commissioners adjourned to Executive Session at 9:00 p.m. to discuss the EMS Captain candidates.