Board of Commissioners
12-14-2020 Minutes
MINUTES
BOARD OF COMMISSIONERS LOWER ALLEN TOWNSHIP
REGULAR MEETING DECEMBER 14, 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 (joined Zoom at 7:37) Erin G. Trone, Assistant Township Manager
Richard F. Schin Richard A. 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
Dave Murdoch, Fire Chief Lower Allen Fire Co
Steven P. Miner, Solicitor
Tina Thomas, Recording Secretary
President Villone called the December 14, 2020 Regular Meeting of the Board of Commissioners to order at 7:00 pm. He explained that this meeting was being held on the Zoom platform for the health and safety of the public as well as staff. This was followed by a prayer and the Pledge of Allegiance. He announced that Proof of Publication was available for review. He explained to members of the public how they could notify staff if they wish to speak at the meeting.
MEETING MINUTES
Commissioner SCHIN moved to approve the minutes of the November 16, 2020 Budget Meeting. Commissioner KUTZ seconded the motion. The motion carried 4-0.
Commissioner KUTZ moved to approve the minutes of the November 23, 2020 Regular Meeting. Commissioner SCHIN seconded the motion. The motion carried 4-0.
PRESENTATION: Andrew Ritter, Fredrickson Library Representative
Mr. Ritter provided an update of the operations of the Cleve J. Fredrickson Library, which receives financial support from Lower Allen Township. He noted that this library is the only one which has been able to stay open in Cumberland County since being allowed to re-open. Mr. Ritter said that the library has invested in safety measures to protect staff and the public as well as in technology such as e-books and e-audiobooks. He said that in-person visits are down due to the pandemic, but the numbers are starting to pick up as other libraries have had to close recently. The library continues to stream programs and see an increase in use of their electronic resources. Mr. Ritter said that the library has pursued available funding such as PPE loans for staff use. He spoke about the newly opened business and career center with state-of-the-art equipment to help those seeking jobs. This is still operating virtually at this time. Commissioners Schin and Kutz expressed their appreciation for the efforts put forth by the library and by Mr. Ritter. President Villone spoke about the value that the library provides to the citizens. Mr. Ritter added that the library staff and volunteers deserve all the credit. President Villone suggested a letter be drafted to the staff, volunteers, and Library Board from the Township expressing gratitude for their efforts.
AUDIENCE PARTICIPATION: Any item on the agenda.
There were no public participants who wished to speak at that time.
PRESIDENT VILLONE
Check Register
Commissioner KUTZ moved to approve the Check Register of December 4, 2020 in the amount of $509,416.96. Commissioner SCHIN seconded the motion and the motion carried 4-0.
Resolution 2020-39
Commissioner SCHIN moved to adopt Resolution 2020-39, fixing the property tax rates for the year 2021 and Commissioner KUTZ seconded the motion. President Villone noted that that fixing the tax rates means that they will not be raised for 2021. Commissioner Schin asked Mr. Vernau if the media would be notified of this. Mr. Vernau said that he normally does not notify them, but he could do a press release. Motion carried 4-0.
Ordinance 2020-10
Commissioner KUTZ moved to enact Ordinance 2020-10, appropriating specific sums estimated to be required for the specific purposes of the municipal government, hereinafter set forth, during the fiscal year of 2021. President Villone noted that this is the 2021 Budget.
Roll Call Vote: Commissioner Holtzman -Aye
President Villone -Aye
Commissioner Schin -Aye
Commissioner Kutz -Aye
Ordinance 2020-10 was approved by a 4-0 vote.
Ordinance 2020-11
Commissioner SCHIN moved to enact Ordinance 2020-11, amending the codified ordinances of Lower Allen Township, 1997, as amended, Section 32-7, dealing with compensation of the Township Manager.
Roll Call Vote: Commissioner Holtzman -Aye
President Villone -Aye
Commissioner Schin -Aye
Commissioner Kutz -Aye
Ordinance 2020-11 was approved by a 4-0 vote.
Ordinance 2020-12
Commissioner HOLTZMAN moved to enact Ordinance 2020-12, authorizing the execution of a cable franchise agreement between the Township and Verizon Pennsylvania, LLC.
Roll Call Vote: Commissioner Holtzman -Aye
President Villone -Aye
Commissioner Schin -Aye
Commissioner Kutz -Aye
Ordinance 2020-12 was approved by a 4-0 vote.
Resolution 2020-41
Commissioner KUTZ moved to adopt Resolution 2020-41, honoring the service of Lower Allen K-9 Team, Officer Rocco and Officer Michael Scarlato. Commissioner SCHIN seconded the motion and the motion carried 4-0. The Commissioners expressed their appreciation for the service of Officer Scarlato and Rocco, and invited Officer Scarlato, who was attending the meeting by Zoom, to speak if he chose to. Officer Scarlato said that it was an honor to be chosen for the program and that it had been a highlight of his law enforcement career. He said that Rocco is enjoying his time at home. President Villone also thanked the community members and businesses who have supported the canine program.
Letter of Support for Boat Ramp
Mrs. Trone spoke about a request from a member of the New Cumberland Borough Council for a letter of support from Lower Allen Township for their boat ramp project. She said that they are trying to improve the boat ramp at the Borough Park, which is the last place on the Yellow Breeches to take out boats before the dam. They would like to widen and pave the boat launch and parking area which are currently not very well developed. Mrs. Trone noted that this could help alleviate some of the congestion at Lower Allen Community Park’s boat ramp. Commissioner Kutz added that the Yellow Breeches Watershed Association supports this project.
Commissioner KUTZ moved to approve a letter of support to New Cumberland Borough for their boat ramp improvements. Commissioner SCHIN seconded the motion and the motion carried 5-0, with Vice President Black joining the meeting by telephone.
Lower Allen 2021-2024 Collective Bargaining Agreement
Mr. Vernau spoke about the Collective Bargaining Agreement between the Township and the Lower Allen Police Officers Association being up for approval by the Board. President Villone asked if this could be discussed in the Executive Session at the end of the meeting with action being taken at that time. Mr. Vernau agreed that this would be acceptable.
ANY BUSINESS PERTINENT TO THE TOWNSHIP:
Mr. Vernau said that he has spoken previously with Mr. Michael Deluca and that he was interested in speaking to the Board tonight. Mr. Deluca introduced himself and said that he is seeking permission to collect scrap metal in the Township such as appliances and grills. He spoke about being pulled over recently by the police who gave him a warning and told him about an ordinance which prevents collection of scrap metal. Mr. Deluca said that the Ordinance 180-7 provides for an agreement between the Township and an individual who would then be allow to collect recyclables, such as scrap metal. Vice President Black asked if painted metals are recycled and Mr. Deluca said that they are. Vice President Black said he is in favor of this and Commissioner Holtzman agreed. Mr. Vernau said that the recyclables mentioned in the ordinance do not refer to scrap metal and the definition in the ordinance would need to be changed. Secondly, the Township’s contract with the waste hauler gives them exclusivity to items put out on the curb. Mr. Vernau would need a letter from Penn Waste saying that they do not object to items being collected by a private person. Captain Crone noted that the police do not have a problem with individuals picking up recycling, but they stop people who are in neighborhoods during the night due to thefts and burglaries which occur at those times. Mr. Deluca said that he would report any suspicious activities or persons that he might come across to the police. Commissioner Schin said that the waste haulers are not permitted in the neighborhoods until 7am and asked Mr. Deluca if he could delay collection until then. He said that would not be optimal due to being in the same areas at the same time. He also said that his scrap metal collection is done with a van and much more quietly than commercial trash and recycling trucks. Mr. Vernau added that the ordinance provides for licensing of individuals and, once the definition is changed and permission is granted by Penn Waste, he would have a background check done and then provide a license that could be carried. Commissioner Kutz asked Mr. Miner’s opinion, and he agreed with what Mr. Vernau had said regarding getting permission from Penn Waste as they have a contract for the Township’s recyclables. Commissioner Kutz would like a discussion to be held with the manager and solicitor present.
Commissioner Schin said he is not in favor of scrap metal collection taking place by individuals. President Villone, Vice-President Black, and Commissioner Holtzman are in favor of this along with safety measures and parameters. Commissioner Kutz is in favor of the action as long as Penn Waste is in agreement. Mr. Vernau said that he can request a letter from Penn Waste and then draft the ordinance changes and requirements for the recyclers. Mr. Deluca clarified that at this time he is not permitted to collect scrap metal until a decision has been made. Mr. Vernau agreed with this. Mr. Deluca thanked the Board for their time. Commissioner Kutz asked about enforcement of other scrap metal collectors who may be working in the Township to be fair to Mr. Deluca. Captain Crone said that it is typical for officers who encounter someone collecting scrap metal in the night to stop them, identify them, inform them of the ordinance, and send them on their way.
TOWNSHIP ENGINEER
Invoice No. 9 to JVI Group, Inc.
Commissioner SCHIN moved to approve the payment of Invoice No. 9 to JVI Group, Inc. in the amount of $219,235.28 for the Gettysburg Road Relocation Project. Commissioner KUTZ seconded the motion and the motion carried 5-0. Vice President Black asked Mr. Flint when the project would be completed and he replied that PA American Water still needs to relocate a water main so probably not until spring.
Invoice No. 4 to TRC
Commissioner KUTZ moved to approve the payment of Invoice No. 4 to TRC in the amount of $32,399.84 for Construction Inspection services on the Gettysburg Road Relocation Project. Vice President BLACK seconded the motion and the motion carried 5-0.
Resolution 2020-R-40
Commissioner SCHIN moved to adopt Resolution 2020-R-40, accepting dedication of Liberty Cove as a Township street. Commissioner HOLTZMAN seconded the motion and the motion carried 5-0. Vice President Black asked Mr. Flint if he has inspected it and he indicated that he has done so.
Release of Construction Financial Security for Liberty Point SLD 2004-09
Mr. Flint said that this was discussed in a previous meeting and construction financial security can be released as the final wearing course is on the streets. He added that the maintenance security agreement would now need to be established. Commissioner SCHIN moved to release construction financial security and approve establishing maintenance security for SLD 2004-09 Liberty Point, in the amount of $5,805.30 with an expiration date of June 14, 2022. Commissioner KUTZ seconded the motion and the motion carried 5-0.
Release of Construction Financial Security for Jenny’s Salon SLD 2018-09
Mr. Flint said that construction financial security was being held for the stormwater management facilities located beneath the parking lot at Jenny’s Salon, 4500 Gettysburg Road. He said that these are now completed and financial security can be released. Commissioner KUTZ moved to approve the release of construction financial security for Jenny’s Salon and Commissioner HOLTZMAN seconded it. Motion carried 5-0. Commissioners Schin and Kutz commented on the addition to Jenny’s Salon being nicely done and the value their business adds to the Township.
Reduction of Improvement Security for Arcona Phases 2.1 and 2.2 SLD 2017-02
Mr. Flint spoke about this section of Arcona as being the Arcona Strand Apartments, between Strong Road and the railroad. He said most of the construction is completed but this also includes the final wearing course on Strong Road. He said it is necessary to hold the remaining amount of security until the final wearing course is put on the road. Commissioner KUTZ moved to approve the reduction in improvement security for SLD Docket No. 2017-02, Arcona Phases 2.1 and 2.2, establishing a new amount of $166,809.80 with a new expiration date of December 14, 2021. Commissioner SCHIN seconded the motion and the motion carried 5-0.
PUBLIC SAFETY
Civil Service Commission List Certification
Mr. Holl spoke about testing and oral interviews being completed to fill a series of vacancies that will occur in the police department when Lieutenant Thomas retires in April. He said that two candidates meet the requirements for Lieutenant and three meet the requirements for Sergeant. The Civil Service Commission has met and certified the results. Mr. Holl requested that the Board approve and create the following promotional list: Sergeant Douglas Foltz and Corporal Donald Sentman for the positions of Lieutenant; Corporal Ed Curtis, Patrolman Troy McNair, and Patrolman Mike Scarlato for Sergeant. Civil Service also certified the list for police officer from the previous list, including Michael Lightner, Cameron Flynn, and Corey Shoemaker. Oral interviews are coming up at the beginning of 2021 for the position of Corporal; written testing is complete. Commissioner Kutz asked where the Sergeant position comes in. Mr. Holl explained that if either candidate had not passed the requirements for Lieutenant, the Sergeant list would have been used. It is currently not needed as the plan is to move back to a two Lieutenant department. Commissioner Kutz asked what would happen with the Drug Task Force position if Detective McNair were to be promoted to Corporal and Captain Crone said that he would have to choose between staying on the Task Force or accepting the promotion; he could not do both. Commissioner Kutz then requested to reconsider the Drug Task Force position with twice annual updates on the activities of the DTF. Mr. Vernau said that the District Attorney typically does a presentation once a year.
Commissioner KUTZ moved to approve the Civil Service Commission certification of lists for Lieutenant, Sergeant, and police officer. Vice President BLACK seconded the motion and the motion carried 5-0.
Promotion of Douglas Foltz and Donald Sentman for Lieutenant
Mr. Holl said that these are budgeted positions which would become effective January 11, 2021. He said that this would provide field training time for Lieutenant Sentman to learn from Lieutenant Thomas before his retirement. Commissioner SCHIN moved to approve the promotion of Douglas Foltz and Donald Sentman to Lieutenant, effective January 11, 2021. Commissioner KUTZ seconded the motion and the motion carried 5-0.
Hiring of a Police Officer January 11, 2021
Mr. Holl spoke about this being a replacement position and the importance of hiring early in the year due to length of time required for training. He said that Michael Lightner is the top candidate, and he would also prefer to work for Lower Allen Township. The effective date for this position would be January 11, 2021. Commissioner HOLTZMAN moved to approve the hiring of a police officer effective January 11, 2021 and Vice President BLACK seconded the motion. Commissioner Kutz asked if this was planned to hire early and if it affects the budget. Mr. Vernau said that this is a replacement position and is in the budget. Motion carried 5-0.
MANAGER
Resolution 2020-R-42, 2021 Fee Schedule
Mr. Vernau said that there are some changes on the fee schedule which Mr. Eby will address. Mr. Eby noted that under the Community and Economic Development section, construction fees have been divided between commercial and residential. This should make the form easier to understand. President Villone asked if this will be at the next meeting for approval and Mr. Vernau said that it will be.
Purchase of 2021 Pierce Enforcer 107’ Aerial Truck
Mr. Vernau said this purchase was initially scheduled for 2023 but would cost significantly more if purchased later. He spoke about the plan that was worked out to pay for the chassis mid-year with the balance due upon delivery in December. He said that a significant discount of over $41,000 has been offered if the aerial truck is purchased with the total being paid upfront. President Villone asked how this would affect the budget if it is paid for ahead of time. Mr. Vernau responded that instead of loaning the money to the Fire Fund at the end of the year, the money will be loaned to them at the beginning of the year. It adds one year’s worth of interest to the Fire Fund payments back to the General Fund, which benefits the General Fund with an extra year of interest. Mr. Grove added that it does not cause a cash flow problem. President Villone asked when the purchase of the aerial truck became necessary and if it was due to the Arcona development. Mr. Vernau said it was not on the original apparatus replacement schedule but this was added in 2017 when the tight turn radius was noted in Arcona. The shorter wheel base of this truck is a bonus. Mr. Grove said that this has been planned for years and is not costing more than what was originally planned for. Fire Chief Murdoch said there are processes in place with the Codes Department for future development. Plans are reviewed by the Fire Department to prevent development that does not accommodate fire apparatus. Commissioner Kutz asked if a used aerial truck could be purchased instead of a new one but Chief Murdoch said that this is a new design and there are no used trucks available. Commissioner Kutz asked if Township staff oversee the big purchases and Mr. Holl said that there is an in-house committee who oversees the process. Periodic updates are provided by the manufacturer and a final inspection is performed by Township staff. Commissioner Kutz asked if this new engine would increase calls for mutual aid and Chief Murdoch said that he did not think so. President Villone thanked Chief Murdoch for his hard work on arranging for the new engine.
Commissioner HOLTZMAN moved to approve the purchase of the 2021 Pierce Enforcer 107’ Aerial Truck and Commissioner SCHIN seconded the motion. Motion carried 5-0.
Increase in Director Expenditure Approval Limits
Mr. Vernau spoke about the discretionary expenditure limit for Directors being set at $2,500 for many years. He is looking to increase this limit to $5,000 for budgeted items. Mr. Vernau will prepare the resolution for a future meeting as the Commissioners are in favor of this.
President Villone noted that the Board is going to recess to Executive Session following the meeting to discuss several items.
COMMISSIONER REPORTS
Mr. Holl said that Public Safety is still fighting the COVID battle. He said a lot of the exposure is coming to employees by way of family members rather than each other.
Captain Crone thanked the Board for their action tonight on changes in the Police Department and command staff. He noted that there will be a lot of changes soon but then things should be set for a while.
Chief Murdoch thanked the Board for their actions and helping them provide for the needs and safety of the community.
Mr. Vernau said that the 2021 date for Trick or Treat has already been brought up. He noted that most of the Townships are still planning to have it on the Thursday before Halloween. Mr. Vernau suggested staying with Thursday and using Saturday as a rain date and the Board agreed.
Mr. Eby thanked the Board for supporting the water trail project in New Cumberland.
Commissioner Kutz encouraged everyone to support their local businesses. He thanked the staff for their work on the budget and expressed appreciation that a budget was passed without a tax increase. He spoke about maintaining good service levels for Police and Fire.
Vice President Black requested that the issues with the Zoom meeting access be worked out before the next meeting. Mr. Vernau will work on this.
Commissioner Schin mentioned Mr. Eby’s dedication to the watershed and thanked him for his service.
President Villone said that he is happy that the budget could get passed before the last meeting of the year. He felt that the departmental limits that became part of the budgeting process this year got the information to the Board more quickly and efficiently. He also spoke about the gardens along the Yellow Breeches. He anticipates increased interest from the public in using these gardens but there is a big problem with deer eating all of the crops. President Villone asked if fencing would be a possibility around the whole garden area. He offered to arrange a conversation in the Spring with residents who are interested in participating.
RECESS TO EXECUTIVE SESSION
The Zoom Meeting of the Board of Commissioners recessed at 9:20 pm to discuss the Township Engineer candidate, emergency sick and vacation leave provisions, Lower Allen Commons update, and Police Collective Bargaining Agreement. Mr. Vernau noted that all participants aside from Commissioners would be returned to the waiting room until the meeting reconvenes.
The Board reconvened at 10:15 pm. Commissioner SCHIN moved to authorize the manager to make an offer of employment to Bradley E. McCollough and Vice President BLACK seconded the motion. Motion carried 5-0.
Vice President BLACK moved to approve the Collective Bargaining Agreement for 2021 – 2024 between Lower Allen Township and the Lower Allen Township Police Officers Association. Commissioner SCHIN seconded the motion and the motion carried 5-0.
ADJOURNMENT
President Villone asked if there was any other business to be brought before the Board. There was none and the meeting adjourned at 10:17 pm.