Board of Commissioners
5-13-19 Minutes
MINUTES
BOARD OF COMMISSIONERS LOWER ALLEN TOWNSHIP
REGULAR MEETING MAY 13, 2019
The following were in ATTENDANCE:
BOARD OF COMMISSIONERS TOWNSHIP PERSONNEL
Edward Black, President Thomas G. Vernau, Jr., Township Manager
Richard F. Schin Erin G. Trone, Assistant Township Manager
Carolyn Holtzman David Holl, Public Safety Director
Dean W. Villone Richard Grove, Finance Director
John Eby, Building & Zoning Coordinator
Steven P. Miner, Solicitor
Tina Thomas, Recording Secretary
President Black called the May 13, 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.
MEETING MINUTES
Mr. Miner requested a correction be made to the minutes on page 5 regarding the Jenny’s Salon discussion. Commissioner HOLTZMAN moved to approve the amended minutes from the April 22, 2019 Regular meeting of the Board of Commissioners. Commissioner SCHIN seconded the motion. Motion carried 4-0.
Resignation of Commissioner Jack Simpson
President Black announced that a letter of resignation was received from Vice President Jack Simpson and that there would be further discussion regarding this later in the meeting. Commissioner HOLTZMAN moved to accept Vice President Simpson’s resignation and Commissioner SCHIN seconded it. Motion carried 4-0.
AUDIENCE PARTICIPATION: ANY ITEM ON THE AGENDA
There was no response.
BID OPENING: 2019 Street Resurfacing Maintenance Project
No bids were received on this project by 4 pm today so this will have to be re-bid. If no bids are received the second time, the Township would be permitted to negotiate the project with a contractor.
BID OPENING: Lisburn-Rossmoyne Roundabout Project
This was conducted through PennBid electronically and bidding was closed at 11 am today. The following bids were received:
| Pennsy Supply, Inc. | $1,352,676.58 |
| Kinsley Construction Sitework | $1,481,000.00 |
| Landis C. Deck & Sons Site Contractors (Division of H & K Group, Inc. | $1,794,472.00 |
Pennsy Supply, Inc. presented the lowest bid and will be referred to the Township Solicitor for review.
PRESENTATION: Police Department Awards and Citations
Director Holl, Captain Crone, and President Black presented awards to the following officers:
- Officer Katie Justh, Officer Bryan Rennie, Detective Troy McNair, and Community Service Officer Josh Sheaffer: these officers worked together to arrest a suspect and driver believed to be involved in prescription fraud at CVS.
- Officer Alex Milletics, Officer Tim Cox, and Officer Michael McIntyre from Hampden Township Police Department: these officers received a Lifesaving Award for their actions in saving trapped individuals at a house fire.
- Officer Kevin Cramer: this officer received the Director’s Certificate of Recognition for assisting with a cardiac arrest along Route 83 South until EMS could arrive.
- Officer Katie Justh: this officer received a Lifesaving award for administering Narcan and performing CPR on an overdose patient.
PRESIDENT BLACK
Check Registers
Commissioner VILLONE moved to accept the Check Register of April 26, 2019 in the amount of $570, 553.13 and Commissioner SCHIN seconded the motion. Motion carried 4-0.
Commissioner SCHIN moved to accept the Check Register of May 10, 2019 in the amount of $215,196.85 and Commissioner VILLONE seconded it. Motion carried 4-0.
Resignation of EMT James Whitall
Commissioner HOLTZMAN moved to accept the resignation of EMT James A. Whitall, effective May 17, 2019. Commissioner VILLONE seconded the motion. Motion carried 4-0.
Introduction of EMS Captain Tony Deaven
Director Holl introduced the new EMS Captain, Tony Deaven, to the Board and audience. Mr. Deaven started work today at Lower Allen Township.
ANY BUSINESS PERTINENT TO THE TOWNSHIP:
Daniel Peltier, 1756 Marlin Ridge, addressed the Board regarding traffic and speed concerns he has in his neighborhood in The Cliffs and Allendale Way. He asked if something could be done to stop the speeding at the back entrance to the neighborhood. He believes that speed bumps might help. Captain Crone responded that the officers do run speed details in the neighborhood. He stated that officers will try to get in there more often.
Donna Arthur, P.O. Box 41, Mechanicsburg, wished to address safety concerns she has with a section of Lowther Road near Weis Markets where she recently received a traffic ticket. The sign has been moved 12 feet from the corner which she feels makes it unsafe. Mrs. Arthur believes that additional signage would help and there is also a tree obstructing view at that location. She also requested that the Board conduct an investigation of how she was treated at the traffic stop and video footage she saw of the stop. She believes part of the video was edited.
TOWNSHIP ENGINEER
SLD Docket No. 2019-06: Minor Land Development Plan for the PennDel District Council Building Addition- Waivers
Mr. John Eby presented a waiver of the requirement to submit a preliminary plan (Section 192-24.C) being requested by the applicant. This has already been approved by the Planning Commission. A second waiver was granted by the Zoning Hearing Board through Special Exception allowing the applicant to forgo sidewalks along street frontage until such a time where it may be deemed necessary by the Township. These would then have to be constructed at the owner’s expense. Project Manager Tim Diehl of HD Engineering Solutions spoke about the planned building addition, previously approved parking spaces, and the proposed rain garden to meet stormwater requirements. He stated that the plan has met all zoning requirements and was approved by the Zoning Hearing Board, Planning Commission, and the Sewer Authority. It just needs to be recorded at this point.
Commissioner VILLONE moved to approve the waivers and Commissioner SCHIN seconded the motion. Motion carried 4-0.
SLD Docket No. 2019-06: Minor Land Development Plan for the PennDel District Council Building Addition
Commissioner VILLONE moved to approve the proposed construction of an 8,689 foot building addition (one and two story sections) to the existing 8,220 square foot one story building at 4651 Westport Drive. Commissioner SCHIN seconded the motion and the motion carried 4-0.
Resolution 2019-R-17, PennDOT Winter Services Agreement
Mr. Eby stated that this Resolution is a standard form required by PennDOT to authorize a five-year Winter Service Agreement. It states that PennDOT will reimburse us for plowing state-owned roads. Commissioner SCHIN moved to approve Resolution 2019-R-17 and Commissioner HOLTZMAN seconded the motion. Motion carried 4-0.
PUBLIC SAFETY
Resolution 2019-R-18: Appointment of Ian Chambers to EMT II
Director Holl requested the appointment of Ian E. Chambers to the full-time position of Emergency Medical Technician II, effective May 28, 2019. This position replaces Mr. Whitall and was advertised internally. Commissioner Villone asked how EMS handles the shortage of staffing. Mr. Holl stated that they use overtime for regular staff and increased hours for part time staff. Commissioner SCHIN moved to appoint Mr. Chambers and Commissioner VILLONE seconded the motion. Motion carried 4-0.
Purchase of two LIFEPAK 15’s and one LUCAS CPR Device
Mr. Holl explained that since the Township will be providing its own Advanced Life Support Services beginning in July, these items need to be purchased for the ambulances. This was included in the capital budget. The LUCAS Chest Compression System has been quoted at $18,467 and the two LIFEPAK 15’s were quoted at $73,277.80. Thirty days are required for getting these items and they are needed in time for our July 1st transition date. Commissioner Villone asked about the lifetime of these devices. Mr. Holl stated that it is 5 to 7 years, depending on changes to technology. It also includes a service agreement and is the latest edition. Commissioner SCHIN moved to approve the purchase and Commissioner VILLONE seconded it. Motion carried 4-0.
COMMUNITY AND ECONOMIC DEVELOPMENT
Docket #2019-01: Application of the Pennsylvania Delaware District Council Assemblies of God
Mr. Eby spoke about the request by the PennDel District Council, 4651 Westport Drive, for a Special Exception to Section 220-241 of the Code for reduction of off-street parking spaces due to the building addition. This request was approved by the Zoning Hearing Board.
Docket #2019-02: Application of Kacie Henley for an in-home grooming business
A request for a Special Exception to Section 220-165B of the Code was granted to Kacie Henley, 132 Yorkshire Drive. She wishes to establish an in-home pet grooming business with a sign not to exceed 6 square feet. This request was approved by the Zoning Hearing Board. The applicant and the Lower Allen Township Authority will review wastewater generation and water consumption to determine if commercial billing is needed.
Docket #2019-03: Application of Johnnie Compton III for reduction of parking spaces of Lower Allen Shopping Center
A request for a Special Exception to Section 220-241 of the Code was presented to the Zoning Hearing Board by Johnnie Compton III, 2238 Gettysburg Road, which would reduce the number of required parking spaces for the Lower Allen Shopping Center to accommodate off-street parking for a proposed 100 seat restaurant. Solicitor Miner participated in this discussion. Deliberation and decision have been continued until May 16th when the Zoning Hearing Board meets again.
Docket #2019-04: Application of JMS Property for encroachment on side yard setback by a new parking area
A request for a variance from Section 220-242.L.2.(b) of the Code made by JMS Property LLC, 4500 Gettysburg Road, was continued to the May 16th Zoning Hearing Board for a Public Hearing at the request of the applicant. The applicant’s attorney submitted a corrected deed which includes their half of the street and an indemnification agreement. The encroachment of the new parking area into the required yard setback would create the need for a new lot line. Mr. Eby stated that the Zoning Hearing Board is not extinguishing anyone’s private rights if they do choose to approve the variance.
TOWNSHIP MANAGER
Draft Ordinance #2019-02 amending Chapter 209, Articles III and IIIB and Section 187
Section 187 refers to the right-of-way ordinance and covers non-mobile objects. Chapter 209 refers to parking regulations on the streets regarding buses and recreational vehicles. Commissioner Schin questioned why the draft ordinance states that recreational vehicles can be parked in the street no more than 72 hours when he thought they were banned. Mr. Vernau stated this is to give people time to load and unload. It was suggested that “for the purpose of loading and unloading” be added to the ordinance. The Board would like to hold off on a decision regarding this.
Draft Ordinance #2019-03 amending Chapter 202, Trees
This Ordinance deals with shade trees growing on public land in the right-of-way in the Township. It addresses clear cutting trees without reason, safety concerns, and tree limbs growing over the sidewalk or street. It only applies to trees growing on private property if it affects public land right-of-way. A permit must be obtained to cut down trees in the right-of-way. The Board would like to hold off on a decision regarding this.
Health Insurance Premium Rebate
Mr. Vernau stated that the Township had a good year in 2018 with low health insurance claims and has so far received a rebate of $97,156.50, which is 75% of the total $129,542.00 to be paid. Due to the size of the rebate, Mr. Vernau would like to offer the employees of the Township a one month break from paying premium co-pays. This would cost the Township around $8,000. Typically, the rebates are put into a post-employment health benefits trust fund for the Police. Commissioner SCHIN moved to designate a portion of the health insurance premium rebate to be used for one month of employee premium co-pays. Commissioner HOLTZMAN seconded it and the motion carried 4-0.
Clarification of Chapter 151, Parks and Playgrounds, Section 151-8, Alcoholic Beverages
Alcoholic beverages are currently allowed in the parks by permit. When being brought into the rec center, a security guard must be provided by the party bringing in the alcohol. Generally, CSOs are used but the Township may want to consider allowing groups to bring in their own security if approved by the Township. Commissioner Schin suggested that the Township maintain a list of approved security firms. Clarification is still needed to address security guards in pavilions. Commissioner Villone spoke about the requirement of 15 days written notification to the Board being too long of a time. Mr. Vernau stated that the time could be less than 15 days if we had a list of approved security firms. Board of Commissioners feels that alcohol should be allowed in pavilions if security guards are provided. Mr. Vernau will draft the Ordinance amendment.
Timing of Commissioners’ Paychecks
Mr. Vernau spoke about the current policy of paying the Commissioners’ salaries at the start of each quarter instead of at the end of the quarter. This resulted in an overpayment to a Commissioner who did not finish his term. Commissioner Schin stated that this rarely results in a problem and he does not see a need to change the pay schedule. Commissioner Holtzman, Commissioner Villone, and President Black are in favor of changing the pay schedule to the end of each quarter, after services are rendered. The pay schedule is to be changed to the end of the quarter.
DISCUSSION: COMMISSIONER VACANCY
President Black spoke about the need to fill the vacancy left on the Board of Commissioners by Vice President Simpson’s resignation to avoid voting ties due to having an even number of Board members. First Class Township Code gives the Board 30 days to appoint someone or the Vacancy Board is convened. The Vacancy Board has an additional 15 days to make an appointment. If no appointment is made after 45 days, it would go to the Court of Common Pleas. The appointee would serve out the remaining term. Commissioner Villone spoke about his thoughts on a replacement for the Board, who has experience and knowledge of what is going on in the Township. He would like to suggest Ped Young, as he was also the last Commissioner to leave the Board.
President Black asked for a nomination and Commissioner VILLONE nominated Ped Young, if Mr. Young would be interested in doing it. Commissioner HOLTZMAN seconded the nomination. No other nominations were announced. The Board voted unanimously to appoint Ped Young to fill the open Commissioner position. Mr. Young stated that he would be honored to serve to the end of the year and the election is completed. Mr. Vernau stated that this must be done by resolution, which will be prepared for the May 28th meeting. The appointment will be effective at that time.
APPOINTMENT OF VICE PRESIDENT
Mr. Vernau stated that a Vice President should be appointed as well due to the potential need for signing of checks in the event that the President could not do it. Mr. Miner stated that the President can appoint an interim Vice President. President Black appointed Commissioner Dean Villone as Vice President of the Board of Commissioners. Commissioner Villone accepted the appointment.
COMMISSIONERS REPORTS
Mr. Eby spoke about the bid for the roundabout at Rossmoyne and Lisburn and stated that our traffic consultants, TPD, will be reviewing the bid documents as well as Solicitor Miner.
Mr. Vernau stated that the Township has sold a 2002 GMC dump truck on an online auction for $23,200. The truck was originally purchased for $93,000 and was used for 16 to 17 years. This is a testament to the quality work of Fleet Maintenance staff as well as employees who use the equipment. President Black stated this is also the case with our fire vehicles.
Commissioner Villone spoke about attending a TEAM graduation recently. He was very impressed with the program as well as the student enthusiasm and essays. He wishes to compliment the Officers involved with the TEAM program. Commissioner Villone also attended a dinner on Mother’s Day held at the Lisburn Fire Company. He had a great time and saw lots of Lower Allen personnel in attendance.
Commissioner Schin inquired about progress in livestreaming the Township meetings. Mr. Vernau stated that he has again met with Third Element’s Mike Riazy. They have come up with a solution and a quote is being put together. A device that can control two cameras was found and YouTube will automatically provide the closed captioning. It can be broadcasted live and a copy saved. The Office of Open Records is being consulted with to determine if the Township must maintain a separate copy in its possession. It is possible that a disclaimer could be included stating that the livestream recording is not an official record of the meeting and how to obtain a copy of approved minutes. There are no software costs, however two cameras, an encoding device, a camera control device which can be programmed, and a laptop will be required. It will also let us index the video.
Director Holl spoke about May 6th – 16th being National Police Week and the Peace Officer’s Memorial Day being May 15th, with ceremonies being held in honor of officers killed in the line of duty. The following week, May 19th – 25th is EMS week. An appreciation luncheon will be held for EMS. He also mentioned that the Yellow Breeches is currently at 6.68 feet. We monitor it when it gets to 7 feet. There are currently no issues with creek flooding anticipated. Mr. Holl spoke about the success of last week’s TMI exercise. It was observed by PEMA and the Township received great comments on the good communication among staff. With TMI closing, this may have been the last exercise. He introduced Justin Strawser who has been hired as a part time Planner and participated in the TMI drill. He is currently enrolled in the Master’s Program at Millersville University in Emergency Management. He will also be updating our Emergency Operations Plan.
Mrs. Trone stated that the BonTon is in the process of being abated for asbestos. The bid for demolition is out and a contractor will be selected by the end of the month. The plan is to have demolition completed by November 1st.
Captain Crone addressed allegations of lying and tampering with evidence made against the police department at tonight’s meeting by a member of the public. He stated that it is not possible to tamper with the video system used by the officers. He spoke about viewing the video in question, which shows a traffic violation taking place. Captain Crone stated that Officer Gelnett’s questions were appropriate and asked politely. He offered to show the video and welcomed an investigation by the Board of Commissioners as well as promising cooperation. Captain Crone spoke about the effort that the Police Department puts into earning and keeping the public’s trust. The Commissioners thanked Captain Crone. President Black spoke about all of the praise and good comments he has received regarding the police department. He also spoke about the good impression the officers make on students through the TEAM program.
Donna Arthur spoke again and stated that the officer repeatedly turned on and off his recording device during her traffic stop.
ADJOURNMENT
The Regular Meeting of the Board of Commissioners adjourned at 8:58 pm.