Board of Commissioners
6-8-2020 Minutes
MINUTES
BOARD OF COMMISSIONERS LOWER ALLEN TOWNSHIP
REGULAR MEETING JUNE 8, 2020
The following were in ATTENDANCE:
BOARD OF COMMISSIONERS TOWNSHIP PERSONNEL
Dean W. Villone, President Thomas G. Vernau, Jr., Township Manager
- Edward Black, Vice President Erin G. Trone, Assistant Township Manager
Richard F. Schin Richard Grove, Finance Director
Carolyn Holtzman David Holl, Public Safety Director
Thomas H. Kutz Dan Flint, Public Works Coordinator
John Eby, Building and Zoning Coordinator
Leon Crone, Police Captain
Steven Miner, Solicitor
Tina Thomas, Recording Secretary
President Villone called the June 8, 2020 Regular Meeting of the Board of Commissioners to order at 7:00 pm. He spoke about this being the first meeting in person following the Zoom meetings held due to COVID-19 restrictions. He said that the meeting would conclude with an Executive Session to discuss the police collective bargaining negotiations. He also mentioned that the meeting agenda had been changed to reflect that the detention basin retrofit project was already awarded. President Villone then said the prayer and the Pledge of Allegiance. He announced that Proof of Publication was available for review.
MEETING MINUTES
Commissioner SCHIN moved to approve the minutes from the May 26, 2020 Regular Meeting. Vice President BLACK seconded the motion and the motion carried 5-0.
AUDIENCE PARTICIPATION: Any item on the agenda.
There was none.
PRESIDENT VILLONE
Check Register
Commissioner SCHIN moved to approve the check register of June 5, 2020 in the amount of $191,614.94. Vice President BLACK seconded the motion and the motion carried 5-0.
ANY BUSINESS PERTINENT TO THE TOWNSHIP:
There was none.
TOWNSHIP ENGINEER
Invoice No. 6 to SSM Industries
Mr. Flint spoke about the final payment of $10,721.80 being due to SSM Industries, plumbing contractor
for the Public Works Addition. Commissioner Schin asked how close the work there is to being completed and Mr. Flint said that the plumbing and general contractors are finished; the mechanical contractor is still waiting for some parts to come in. Mr. Flint said that the building is being used. Vice President Black asked if the Commissioners would be able to receive a tour and Mr. Flint said he would get that set up.
Commissioner SCHIN moved to approve the final payment of $10,721.80 to SSM Industries and Vice President BLACK seconded the motion. Motion carried 5-0.
Invoice No. 5 to Pennsy Supply
Mr. Flint said that the final payment of $95,000.00 is due for Pennsy Supply, Inc. for the Rossmoyne Road – Lisburn Road Roundabout project. He confirmed President Villone’s question that the bulk of the expense of the project is being reimbursed.
Vice President BLACK moved to approve the final payment of $95,000.00 to Pennsy Supply, Inc. Commissioner SCHIN seconded the motion and the motion carried 5-0.
Invoice No. 1 to JVI Group, Inc.
Mr. Flint spoke about the first payment of $94,440.88 being due for JVI Group, Inc., the general contractor for the Gettysburg Road Relocation Project. Mr. Vernau mentioned that pictures of the progress are posted on the Township Facebook page. He said they are currently working on the stormwater facilities.
Commissioner SCHIN moved to approve the initial payment of $94,440.88 to JVI Group, Inc. Vice President BLACK seconded the motion and the motion carried 5-0.
FINANCE
First Quarter 2020 Operating Results
Mr. Grove gave an update on the first quarter results of the General Fund. He said that this typically is a quiet quarter with the least activity, and results came in as anticipated. He spoke about the slowdown in revenue that was anticipated for this year and said that the COVID-19 pandemic had little impact on first quarter financials. Mr. Grove said that in the first quarter of last year the Township had a capital lease of 1.7 million. Money was not borrowed this year, so the budget is decreased. Last year grant money was received for several large projects like the roundabouts. Without grants this year, the budget is going to decrease by 1.3 million dollars. Taxes, fees, and fines are anticipated to amount to 1.4 million dollars this year, with 1.2 million coming from the increased real estate tax. Mr. Grove pointed out that revenue has actually increased by $29,000 compared to last year and real estate tax has increased by $227,000.
Mr. Grove then spoke about economically sensitive revenues such as earned income tax which stayed about the same and local services tax which has decreased by $40,000. More importantly, the real estate transfer tax is decreased by $148,000 this year compared to last year’s first quarter. He said that last year was exceptionally high. Building and zoning revenue is up by $15,000 with last year also being exceptionally high. Overall, Mr. Grove feels that the first quarter financial results are about equal to last year and indicate business as usual.
Mr. Grove said that expenditures are budgeted to decrease by $750,000. This is mostly due to decrease in capital outlays such as the roundabout and the Public Works building addition. Operating costs such as salaries and goods and services are budgeted to increase by 1.7 million. Increases in public safety and stormwater projects contribute the bulk of this increase. Expenditures so far have increased by $316,000. Mr. Grove spoke about there being no past precedent to look toward for how things will go in the second quarter. There are many changes to date for things such as taxes being due that affect revenue. He said he would like to take a deeper look into it after the second quarter, in about one month. He anticipates the economy making a strong comeback.
President Villone spoke about budgeting for the anticipated amount of real estate tax and other revenue from bills. He asked if there is a shortfall, if the money will come in eventually and Mr. Grove said that he will have a better idea by the third quarter. He said that the fund balance will cover any shortages and he does not anticipate a recession. President Villone does not want to depend on the fund balance for fear of adding burden on the taxpayers. Mr. Grove said that he appreciates the long-term perspective that Township staff have and their ability to stick with plans they make. Mr. Vernau said that the Board will receive quarterly financial reports.
PUBLIC SAFETY
Civil Service Commission Rule Change
Mr. Holl spoke about the Civil Service Commission meeting on June 4th to discuss two items. He said that they approved the testing for the Lieutenant position and the Corporal position. They also amended Section 5.3 of the Civil Service Rules to say that an officer who leaves for an extended period of time during their probationary period will have it frozen until their return. This will provide for a full year of probation. Mr. Holl said that there is an employee who could be deployed for military service soon which would fall during his probationary period.
Commissioner KUTZ moved to approve the rule change to the Civil Service Commission regarding probationary period and Vice President BLACK seconded the motion. Motion carried 4-0 with Commissioner Schin being absent from the room during this motion.
ECONOMIC DEVELOPMENT
Amendments to Chapter 220, Zoning, Article XXV, Signs
Mr. Eby spoke about the ongoing discussions from last year regarding changes to the sign ordinance. He spoke about size limits leading to an amendment being drafted. He said that PennDOT does not allow signs in the right-of-way. He also said that if only political or campaign signs are allowed in public rights-of-way, it opens the issue up for constitutional challenge. Therefore, he feels it needs to be all or none when it comes to signs in the right-of-way.
Commissioner Kutz said that he anticipated there being an exception for political signs and was not expecting to hear that they are not allowed. Mr. Miner said that was being offered as an option to the Board but not being endorsed. He said the decision of the Board last year not to enforce it led to reconsidering the ordinance. Mr. Miner said that when he and staff looked into what surrounding municipalities were doing, as well as the Supreme Court opinion and PennDOT, keeping the current ordinance made the most sense. Mr. Vernau said that it was felt that protected political speech would allow for a political signs exception until they looked at the Supreme Court opinion.
President Villone pointed out that only signs in the right-of-way were being considered at this meeting, not signs on private property. He said that most municipalities around Lower Allen Township do not allow signs to be in the rights-of-way. He has not heard of municipalities taking down political signs. He would like the staff and management to provide the Board with guidance for election time. He would like the rule for signs in the right-of-way to stay as it is. Commissioner Kutz said his written comments applied to residential signs on private property, not signs in the right-of-way. He said he can wait to discuss signs on private property at a future meeting. Commissioner Schin added that he has seen many signs in the rights-of-way in other municipalities even if they claim to not allow them. Mr. Eby said that the ordinance gives the direction, but it is not enforced. Commissioner Kutz said he does not want to see the ordinance enforced. He stated that most candidates are conscientious and remove their signs in a timely manner, and it is part of the political process. Mr. Eby suggested that additional comments regarding signs on private property be forwarded to Mr. Vernau. Mr. Miner feels that changing the ordinance will create more problems and lead to an abundance of signs. President Villone said that, in summary, the ordinance is remaining as it is and the topic of signs on private property will be discussed at a future meeting.
Zoning Ordinance Amendments for TND Parking: ZOA 2020-01
Mr. Eby introduced Charlie Courtney from McNees, Wallace, and Nurick along with Anthony Faranda-Diedrich of Charter Homes. Mr. Courtney provided the Zoning Board with a proposal for an amendment to parking requirements in a Traditional Neighborhood Development, or TND. The proposed changes would treat core village businesses the same way as a shopping center regarding parking space requirements. Excess parking would be available at the Strand apartment complex to accommodate a community event at the common area or special promotion at Spring Gate Winery. Mr. Courtney said that signs directing pedestrians between overflow parking and the event would be in place. He said that Spring Gate Winery currently has 200 seats with 112 parking spaces. They would like to be able to seat 300. He said that there are 600 spaces in Arcona Strand and 309 are required by the parking standards data base for apartments. Mr. Courtney said that counts were completed in 2019 at peak evening hours when most of the restaurants would be busiest. A count was also completed in March of 2020 during the night to see how many spaces were available when most everyone was home. He said that the counts showed 1.3 spaces per unit needed, or 564 spaces. Mr. Courtney said actual parking demand was 372 spaces, leaving approximately 200 spaces. The Township ordinance requires apartments have 2 spaces per unit. He said that Arcona Strand has one and two bedroom apartments and Charter would like to assign one bedroom apartments one parking space. This would free enough parking spaces to provide for overflow parking. The current Township ordinance states that overflow spaces must be within 600 feet of the event and Charter would like to extend this to 1,000 feet with posted signs giving directions. Mr. Courtney said that for commercial parking, the current ordinance requires 121 spaces; Charter Homes is proposing 109 spaces.
President Villone asked if additional businesses coming in will bring increased parking needs and Mr. Courtney said most would be off of Rossmoyne Road. He said they anticipate many people walking to the restaurants and businesses. Commissioner Schin asked about age restricted development and parking requirements associated with that. Mr. Courtney said that age restricted refers to 55+ communities and studies show that the parking demand is much less than non-age restricted.
Mr. Vernau asked Mr. Courtney to explain the bicycle spaces. He said that a parking space can be eliminated by providing three bike spaces instead. The maximum reduction is five spaces, or 15 bicycle spaces. Commissioner Schin asked where the bicycle spaces would be located and Mr. Faranda-Diedrich replied that they would be clustered between the Spring Gate building and the coffee/pizza building. Commissioner Kutz asked Mr. Eby if staff is comfortable with the bicycle spaces and the cap. Mr. Eby responded that staff has not had time to discuss it, but they are in favor of the small cap.
Mr. Eby said that he will ask Solicitor Miner to start the process with a public hearing. It will come before the Planning Commission for discussion as well at their July meeting. The County Planning Department must also review it. The Solicitor would need to prepare and publish the notice for the public hearing. President Villone asked if Spring Gate has a date when they plan to be open and Mr. Courtney said it would be late August or early September. Vice President Black would like to hear from the residents of Arcona. Getting the public process underway will give them time to chime in. Mr. Courtney offered to attend the Planning Commission meeting in June to introduce the proposed changes.
Mr. Miner will advertise the public hearing in the newspaper, on Pennlive, and on the Township website. There may also be a neighborhood association that has been formed at Arcona who would be informed.
Commissioner SCHIN moved to authorize staff to advertise a public hearing for July 27, 2020 at 6:00 pm to discuss the proposed zoning ordinance amendment regarding parking spaces in the TND and transmit the information to the planning agencies. Vice President BLACK seconded the motion and the motion carried 5-0.
Zoning Hearing Board Report
Docket 2020-04
Mr. Eby said that the applicant, FCPT Holdings, Inc., requested variances to enable subdivision of two outparcel lots at the Capital City Mall. These are for Outback Steakhouse and Mavis Tire. This unifies parking, access, and signage with no apparent change to the shopping center. He said this request was approved.
Docket 2020-03
Mr. Eby said there is an upcoming hearing for Capital Plaza Associates, Macungie, PA, who appealed the Zoning Officer’s order to remove unauthorized signs at 3401 Hartzdale Drive for the Excitement businesses. Mr. Eby said that since he will be testifying, Mr. Miner will attend the meeting representing the Township. If the Zoning Officer’s decision is not reversed, Capital Plaza Associates is requesting variances.
Software Purchase
Mrs. Trone spoke about the need to purchase new permit and project tracking software for Codes and Economic Development. Their first choice is called Municity 5 and would cost $72,225.00. She said that the CED department has looked a long time for software that would allow customers to submit permits online without printing out their paperwork at home. Mrs. Trone said that the system being considered is owned by General Codes which they already work and are a subsidiary of the International Codes Council. They will assist with ESRI GIS mapping that is already being done. Commissioner Schin asked if the software was under budget. Mrs. Trone said that the financing for the system has already been obtained. It is part of the software system shared with the Finance Department. It is in the budget for $350,000. President Villone asked if the software could be used to reserve the pavilions at the park or ballfields but Mrs. Trone said that it is not a facility reservation system. He asked if the system would last for a while and Mrs. Trone said that she hopes so because a lot of data has to be migrated into it. She said that there is a $15,500 maintenance fee but the current system has a similar priced maintenance fee. Mrs. Trone has spoken with 3rd Element and they like that the system is a cloud-hosted service and will be handled offsite. Mr. Miner has reviewed the legal terms.
Commissioner SCHIN moved to approve the purchase of Municity 5 for a price not to exceed $72,225.00 and Vice President BLACK seconded the motion. President Villone asked when interest rates increase, how this purchase would be affected. Mr. Grove responded that the money for it is already borrowed and has a fixed interest rate. He said it was part of the $1.7 million that was financed for a number of items and it will be paid off in four years. Mrs. Trone said that the price quote for the software is good for three months. Motion carried 5-0.
MANAGER
Awarding Contract to W.C.Eshenaur and Sons, Inc
Mr. Vernau spoke about the low bid from W.C. Eshenaur and Sons, Inc. for replacing the Packaged Rooftop Unit/Outdoor Air Handling Unit No. 2 in the amount of $99,688.00. He said this exceeds the budgeted amount of $85,000. The final cost will be $109,558.00. Mr. Vernau said that the project could be deferred to next year, although it is possible that it might cost more. President Villone asked how the current unit is working. Mr. Vernau responded that some work was done on it recently and it is okay for now, but it is an old unit that will have to be replaced before long and will continue to generate maintenance costs. The Commissioners decided to defer replacement of the rooftop unit until next year and therefore to reject the bids.
Commissioner SCHIN moved to reject the bids for replacement of the Packaged Rooftop Unit/Outdoor Air Handling Unit No. 2. Commissioner KUTZ seconded the motion and the motion carried 5-0.
Continued Disaster Relief Declaration
Mr. Vernau explained that unlike the recent Declaration of Health Emergency, this is a Declaration of Health Emergency Recovery which allows the Township to continue to be eligible for reimbursement for costs associated with recovery. He said that it will go until the end of the year, although it can be canceled at any time. Mr. Holl added that there are two separate federal grants available. The first was preparedness which covered costs associated with preparing for the COVID-19 event. The recovery grant handles costs incurred during the declared health emergency and in recovery from it through the rest of 2020. It gives authority to the Township Manger to coordinate continued recovery efforts and to restore essential public services. Commissioner Kutz asked why it needed to go to the end of the year and Mr. Holl replied that it’s a slow process to get the reimbursement.
Commissioner KUTZ moved to authorize the Declaration of Health Emergency Recovery and Commissioner SCHIN seconded the motion. Motion carried 5-0.
Employee Recognition
Mr. Vernau said that seven employees will be receiving years of service awards at the next public. Due to not meeting in person, there are awards from March and from June. They will be invited to attend the next Board of Commissioners meeting.
COMMISSIONERS REPORTS
Mr. Holl spoke about a copy of a letter that had been provided to the Board in their packets. The author of the letter inquired about the possibility of getting body-worn cameras for the officers and urged putting them in the budget. Mr. Holl responded that they are already in the 2021 capital budget. He spoke about there being legal issues in the past with officers wearing the body cams, but this was changed by the legislature. He said they have applied for a grant through PCCD, Pennsylvania Commission on Crime and Delinquency. They are hoping to hear about the results in the near future which could allow for purchase of some of the cameras in 2020. Mr. Holl also said that the police department would like to get 360° cameras for the police cars in addition to the body cams.
Commissioner Holtzman thanked Commissioner Kutz for the flowers he brought her as she has been ill.
Vice President Black spoke about the letter requesting the body cams for officers. He hopes that the cameras will be used to detail situations and not to spy on the officers.
Commissioner Schin said that COG will not be meeting again this month but is planning to meet in July. He said the auction is taking place. He spoke about noticing ponding water near where the new Rossmoyne Elementary School is being built. Mr. Flint said that the basin is a permanent structure but will eventually be cleaned up and planted.
Commissioner Kutz said that he is glad to see Commissioner Holtzman at the meeting. He also spoke about going on the park tours with the Recreation and Parks Board. He was impressed by their dedication to the parks and the long-term planning that he saw taking place. Commissioner Kutz said that he did notice a missing board in one of the boardwalks on the Creekwood Trail. He is looking forward to an exciting summer.
Mr. Vernau said he has been asked by other Boards and Committees if they can continue to use the Zoom meeting format. He said Act 15, which allows for virtual meetings, expires when the emergency expires. It was supposed to expire at the end of the week but was extended another 90 days by the Governor. Mr. Vernau also said that the federal government is providing $225 million to help out businesses who suffered during the shutdown. The money is going to be dispersed through financial institutions.
President Villone said it was a good meeting with good discussions. He said that he has also done the park tours in the past and enjoyed them. He asked if there was any progress toward creating a pickle ball court, but Mr. Grove did not know of anything specific. Mr. Vernau said he was planning to attend the Recreation and Parks meeting to discuss possible locations in March, but the meetings have been canceled. President Villone also mentioned a comment from a resident about a need for a railing at Creekwood Park where there are stairs into and out of the creek.
ADJOURNMENT TO EXECUTIVE SESSION
The Regular Meeting of the Board of Commissioners adjourned to executive session at 9:26 pm to discuss the police contract.