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Home»Board of Commissioners Minutes»Board of Commissioners
8-24-2020 Minutes

Board of Commissioners
8-24-2020 Minutes

MINUTES

 BOARD OF COMMISSIONERS                                         LOWER ALLEN TOWNSHIP

REGULAR MEETING                                                         AUGUST 24, 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

Thomas H. Kutz                                                                    David Holl, Public Safety Director

                                                                                               Dan Flint, Public Works Coordinator

                                                                                               Leon Crone, Police Captain

                                                                                               Tony Deaven, EMS Captain

                                                                                               Steven P. Miner, Solicitor

                                                                                               Tina Thomas, Recording Secretary

 

 

President Villone called the August 24, 2020 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 Villone added that Commissioner Holtzman is absent with excuse.

 

MEETING MINUTES

Commissioner SCHIN moved to approve the minutes from the August 10, 2020 Regular Meeting. Vice President BLACK seconded the motion. The motion carried 4-0.

 

AUDIENCE PARTICIPATION:  Any item on the agenda.

There was none.

 

PRESENTATION:  EMERGENCY OPERATIONS PLAN

Public Safety Director Holl introduced the Emergency Operations Plan, or EOP. He said that maintaining an EOP is required for municipalities under Title 35, Section 7503. He spoke about the current Plan having last been updated in 1989 and was mainly geared toward a TMI emergency. Mr. Holl said that municipalities can adopt the county’s plan, but Lower Allen decided to create our own due to unique circumstances found in the Township. He said that Justin Strawser was hired as the Township’s Emergency Planner and he has updated the EOP. Mr. Holl would like feedback from the Commissioners and the public and hopes to come back with a resolution ready to be adopted at the September 14th meeting.

 

Mr. Strawser spoke about the revisions he has made to the outdated plan. He said that the previous plan focused only on a TMI disaster. He has made the plan flexible and able to cover all hazards. Mr. Strawser outlined revisions such as the National Incident Management System (NIMS), which consists of Command and Coordination, Resource Management, and Communications. He said that Lower Allen’s Plan integrates with surrounding municipalities as well as County, State, and Federal emergency plans.  Mr. Strawser covered the structure of the Emergency Support Functions (ESF’s) that make up the command structure. He also spoke about the various Activation Levels of the Emergency Operations Center. Mr. Strawser spoke about training requirements based on Homeland Security’s program, HSEEP. This is a capability assessment and includes Improvement Planning where there is a review after the action has occurred and an improved plan based on feedback. Mr. Strawser said that he and Mr. Holl are working on this following the COVID-19 pandemic. In closing, Mr. Strawser said that the EOP can be reviewed by the public as it does not contain sensitive information.

 

Commissioner Schin and Vice President Black asked about the section of the EOP where it states, “Lower Allen Township Commissioners are ultimately responsible for the protection of the lives and property of the citizens.” Commissioner Schin said that the Commissioners do not have a lot of control over what happens asked if they could be held financially responsible for a mistake that is made. Solicitor Miner said that they would be covered by governmental immunity and insurance if they are carrying out their duties to the best of their ability and something would happen. President Villone thanked Mr. Holl and Mr. Strawser for putting this presentation together.

 

CONSENT AGENDA

President Villone 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.

 

  • Department Reports for the month of July for Community Development, Fleet Maintenance, Township Engineer, Facility Maintenance, Public Works, and Public Safety.
  • Tax Collectors July Monthly Report.

 

Commissioner KUTZ moved to approve the Consent Agenda and Commissioner SCHIN seconded the motion. Motion carried 4-0.

 

PRESIDENT VILLONE

Check Register

Commissioner KUTZ moved to approve the Check Register of August 14, 2020 in the amount of $711,387.42. Commissioner SCHIN seconded the motion and the motion carried 4-0.

 

Retirement

Commissioner SCHIN moved to approve the retirement of Barry Zook, Maintenance Specialist in the Public Works Department, effective August 14, 2020. Vice President BLACK seconded the motion and the motion carried 4-0.

 

Release from Probation

Commissioner KUTZ moved to approve the release of Paramedic Michael Houser from probationary status, effective August 10, 2020. Vice President BLACK seconded the motion and the motion carried 4-0.

ANY BUSINESS PERTINENT TO THE TOWNSHIP

Ryan Blazi, 3208 Concord Way, wished to speak on the proposed parking requirement changes at Arcona.  He feels they will enable Spring Gate Winery to take parking spots from the residents as overflow parking. He said that Charter Homes has not provided enough parking for residents as it is, and he would like to see them provide more. Mr. Blazi said that since the townhouse units do not have basements or attics, a lot of people use their garages for storage. He noted that Charter uses two different parking standards – one for residential and one for commercial.

Doris Conway, 708 Upland Street, addressed the Board of Commissioners regarding the Tax Collector’s office space. She said she has e-mailed the Commissioners on this issue and only received one response. She requested to know if the Tax Collector pays rent for her space and she was told that she does not pay rent. Commissioner Schin said that the Tax Collector has always been given the space. Ms. Conway expressed her feeling that since the Tax Collector is working out of her house during the COVID-19 pandemic, she should be able to work out of her house from now on. President Villone asked if charging a fee has been discussed and Mr. Vernau said it has not. Ms. Conway requested that this be changed.

 

Joan Lenker, 1942 Sheepford Road, spoke about attending the Cumberland County Commissioners meeting today on behalf of the Sheepford Road Bridge. She read a letter to the Board which she had also read to the County Commissioners. Mrs. Lenker said that the Friends of Sheepford Bridge are writing a proposal which they will present on September 15th. She said that funding is key to securing the restoration of the bridge, but an agreement must be reached for maintaining it. Mrs. Lenker requested that the Commissioners visit the website entitled “Phoenixvillefoundry.org” to learn more about this type of bridge. She passed around a puzzle which is being sold as a bridge fundraiser. She asked if anything from the previous meeting was forwarded to the County Commissioners and Mr. Vernau said that a letter was sent encouraging them to work with the group of people trying to save the Sheepford Bridge. Vice President Black added that at the previous meeting, Commissioner Kutz moved to the support restoration of the bridge with Vice President Black’s amendment that it be at no cost to Lower Allen Township.

 

TOWNSHIP ENGINEER

Invoice No. 1 to Pennsy Supply, Inc.

Mr. Flint noted that the initial bid for this project was $425,000 but the amount can vary depending on actual quantities used. It ended up costing less than anticipated. Vice President Black asked if this finishes the paving program for this year and Mr. Flint said that it does. Commissioner KUTZ moved to approve payment of Invoice No. 1 to Pennsy Supply, Inc. in the amount of $382,996.79 for the final invoice for the 2020 Street Paving Resurfacing Contract. Vice President BLACK seconded the motion and the motion carried 4-0.

 

Improvement Security for SLD 2015-08, Highpoint 1.5

Mr. Flint said that this is the townhouse section of Arcona, and the buildings are mostly complete. Work remains in stormwater facilities and trail construction, as well as a final wearing course on the roads. A decrease in the improvement security being held is requested. Commissioner SCHIN moved to approve the decrease in improvement security to $342,192.35 with a new expiration of August 10, 2021. Vice President BLACK seconded the motion and the motion carried 4-0.

 

SLD Docket No. 2017-04:  Final Subdivision and Land Development Plan for 145 S. Locust Street

Mr. Flint spoke about the request for a waiver from obtaining a Highway Occupancy Permit (HOP) before recording the subdivision plan for 145 S. Locust Street. He said that a Plan for this area was approved in 2012, Locust Street Homes, and a HOP was issued at that time because Locust Street is a state road. It was not used, as the homes were not built. A new HOP is needed and has been applied for and has been through several reviews by PennDOT. The developer has requested to record the plan and start the site work as they await the HOP being issued. Mr. Flint said that no issues with the permit are anticipated. Mr. Flint introduced Jeff Shyk from K&W Engineers representing the developer. Commissioner Schin expressed concern due to two previous approved projects not being done. Vice President Black asked Mr. Shyk if revisions to the Land Development Plans are finished and he said that they are. Mr. Shyk said that the developer would like to be able to get some site work done before winter and it could be October before PennDOT issues the permit. President Villone asked what the Township would lose in the event the plan did not proceed after it was recorded. Mr. Flint said that there will be financial security required. He said that PP&L won’t start work until a plan is recorded. He said that if PennDOT wasn’t going to approve the HOP, the Township would know by now. Vice President BLACK moved to approve the waiver from the requirement in Section 192-51.C that a PennDOT Highway Occupancy Permit must be issued prior to recording a plan for SLD Docket No. 2017-04, Final Subdivision and Land Development Plan for 145 S. Locust Street. Commissioner KUTZ seconded the motion and the motion carried 3-1 with Commissioner Schin in opposition.

 

Liberty Forge and Lucky Bear LLC :  Flood Insurance Rate Map Revisions

Mr. Flint noted that this item will not be discussed tonight as the applicant was not prepared to do so. He said they may be at the next meeting. President Villone added that FEMA has created a 90 day public review period extension due to COVID.

 

FINANCE

Refinancing of 2012 & 2014 Bond Series, and 2013 Pension Bond

Mr. Grove spoke about the opportunity that has arisen to refinance Township bonds and save around $217,000. He said the principal would stay about the same and the term would stay the same. Mr. Grove said that the debt policy suggests a minimum of 3% of savings in order to refinance, and at this time our savings would be over 3%. The two sets of bonds would be handled separately, since one issue is taxable. Mr. Grove said that Concord Public Finance will shop with banks for a private placement and then a public bond auction for the best deal. He noted that Mr. Daryl Peck, CFA, of Concord was present in the meeting. In response to Vice President Black’s question, Mr. Grove said that the Township’s current bond rating is AA+ and Mr. Peck said that banks will definitely be interested. He said the decision comes down to what saves the Township the most. Mr. Grove said that a motion is needed to authorize Concord to being the process and to advertise the related ordinance.

 

Commissioner KUTZ moved to authorize Concord to begin the refinance process for the Township bonds and Commissioner SCHIN seconded it. Motion carried 4-0.

 

Resolution 2020-R-22:  2021 Pension Budget and Minimum Municipal Obligations

Mr. Grove said that the pension budget for the upcoming year must be approved by the end of September.  Commissioner Schin asked why more money is required if the interest assumption is lower, and Mr. Grove said the assumption is what the Township expects to earn on the pensions’ investments. He said originally this was 7.75% and is now 7.50%; if less interest is anticipated than more contributions are required.

 

Commissioner SCHIN moved to approve Resolution 2020-R-22, 2021 Pension Budget and Minimum Municipal Obligation, and Commissioner KUTZ seconded the motion. Motion carried 4-0.

 

2020 Budget Calendar

Mr. Grove spoke about budget season approaching quickly and noted the proposed dates and times for budget meetings that have been advertised. He listed October 5, 2020 at 6 pm, October 19, 2020 at 7 pm, November 2, 2020 at 6 pm, and November 16, 2020 at 7pm. Commissioner Kutz requested that the November 2nd meeting be canceled due to falling on the night before the election. It was decided that to avoid having to re-advertise the dates, the budget meeting could be held on November 9th at 7 pm just before the Board of Commissioners meeting.

 

COMMUNITY AND ECONOMIC DEVELOPMENT

Ordinance 2020-02 Public Hearing

Mrs. Trone spoke about receiving a request from Charter Homes on August 18th for a continuation of a public hearing on the parking requirement standards. She said they requested a continuation of 30 days until September 24th. She said that the closest BOC meeting to this would be September 28th. If it is agreeable to the Board, she would like to advertise for the public hearing to be at 6 pm on September 28th. Charter has agreed to pay the cost for re-advertising the public hearing date and time.

 

Commissioner SCHIN moved to approve the request to advertise for the public hearing to be held on September 28th at 6 pm. Commissioner KUTZ seconded the motion and the motion carried 4-0.

 

MANAGER

Updates to Chapter 180, Solid Waste Ordinance

Mr. Vernau spoke about updates that need to be made to the solid waste ordinance to make it more aligned to the current practices. He said that paper and cardboard were added to the recycling section and plastic bags are not used in recyclable collection. He also noted that one oversize item can be disposed of per week. Nothing that is taking place currently is being eliminated. Mr. Vernau led a discussion on Section 180-12, D(4) which states that no reduction of fees will be allowed for a vacancy of less than 90 days. This includes people who are away for the winter. Commissioner Schin had suggested that some people are away due to hospitalizations or other reasons, and Mr. Vernau pointed out that the standard would need to be consistent for all temporary absences. The charge for waste collection is a yearly charge, billed quarterly. Mr. Vernau said that in the past exonerations were given for people who left the home and were not coming back. He said what the Township pays is based on what is collected. It does not cost the Township if someone is away from home. President Villone requested that the Township continue the exonerations and include snowbirds who leave their homes over the winter months for 90 days or more. Mr. Vernau said that there is an application form that must be completed and approved. Mr. Vernau said that the changes to the ordinance must be advertised. It will then come back to the Board for approval.

 

Commissioner SCHIN moved to advertise the updates to the Solid Waste Ordinance and Commissioner KUTZ seconded the motion. The motion carried 4-0.

 

West Shore Recreation Commission 2021 Budget and Per Capita Rate

Mr. Vernau noted that no increase in per capita rate was proposed by the West Shore Rec Commission for 2021. The Township will continue to pay $36,155.00. He said that it has been requested that the Township pay the entire amount at the beginning of the year instead of in three installments to help the Rec Commission financially. Many of the facilities used by the Rec Commission have been unavailable due to COVID-19 and this has caused financial hardship. Commissioner Schin thanked Vice President Black for his involvement with the West Shore Recreation Commission.

 

Commissioner SCHIN moved to approve the West Shore Recreation Commission 2021 Budget and per capita rate and Vice President BLACK seconded the motion. The motion carried 4-0.

 

President Villone noted that the Board would be adjourning to Executive Session following the meeting, as the item requiring action could be discussed in open session.

 

COMMISSIONER REPORTS

Captain Crone spoke about completing interviews of 15 candidates for police officer. He said background checks are being completed and a list will be generated following that.

 

Mrs. Trone said that the Lower Allen Development Authority’s Plan for Lower Allen Commons is going to be recorded in the near future.

 

Mr. Miner requested permission to intervene in the appeal of tenant Global Video of a non-permitted sign. He said that this is a companion appeal to the Capital Plaza’s appeal. Commissioner SCHIN moved to allow for solicitor participation in the appeal of Global Video and Vice President BLACK seconded the motion. Motion carried 4-0.

 

Vice President Black asked if there were any updates on the property by the creek behind the Lisburn Fire Company. Mr. Holl replied that the police are patrolling the area and temporary parking restrictions have been put into place. Mr. Flint is doing a traffic study along the road from the bridge to the curve by the Crab Shack. Mr. Holl said that area is all “No Stopping or Standing” as well as being a tow-away zone, including Brenda Avenue. Mr. Vernau added that Lisburn is looking into taking down tree branches. They are getting quotes.

 

Commissioner Schin spoke about a discussion on mail-in voting at the COG meeting. A ballot drop-off box will be available at the Cumberland County Election Bureau as an alternative to mailing in ballots.

 

Commissioner Kutz provided an update of small businesses he has visited recently. He has visited the Grappling Crab Shack and the Peppermill Restaurant. He added that Sheetz is now hiring for 35 positions.  

 

President Villone said that he received mail from the Sunoco Pipeline regarding additional emergency response training and planning. Mr. Holl said that public safety also receives the information and a number of staff are registered to attend the virtual training.

 

ADJOURNMENT TO EXECUTIVE SESSION

The Regular Meeting of the Board of Commissioners adjourned at 9:07 pm to discuss a personnel issue and a collective bargaining update.