Board of Commissioners
4-12-21 Meeting Minutes
MINUTES
BOARD OF COMMISSIONERS LOWER ALLEN TOWNSHIP
REGULAR MEETING APRIL 12, 2021
The following were in ATTENDANCE:
BOARD OF COMMISSIONERS TOWNSHIP PERSONNEL
Dean W. Villone, President Thomas G. Vernau, Jr., Township Manager
H. Edward Black, Vice President Erin G. Trone, Assistant Township Manager
Richard F. Schin, Commissioner Richard A. Grove, Finance Director
Carolyn Holtzman, Commissioner David Holl, Public Safety Director
Thomas H. Kutz, Commissioner Brad McCullough, Public Works Coordinator
Daniel J. Flint
Leon Crone, Police Captain
Tony Deaven, EMS Captain
Rebecca Davis, Stormwater Program Manager
John Eby, Building & Zoning Coordinator
Steven P. Miner, Solicitor
Michelle Kilgore, Recording Secretary
President Villone called the April 12, 2021 virtual Regular Meeting of the Board of Commissioners to order at 6:01 pm. He instructed any members of the public wishing to speak during the Zoom meeting to notify the hosts. President Villone announced that Proof of Publication for this meeting is available for review. This was followed by a prayer and the Pledge of Allegiance.
MEETING MINUTES
Commissioner SCHIN moved to approve the minutes from the March 22, 2021 Regular Meeting, Vice President BLACK seconded the motion. The motion carried 4-0. President Villone reminded the Board that although Commissioner Holtzman was expected to be attending the meeting, she was not yet present for this vote.
AUDIENCE PARTICIPATION: Any item on the agenda.
President Villone explained how to notify the meeting hosts if anyone from the public wished to speak. There were no requests.
PRESIDENT VILLONE
Check Registers
Commissioner SCHIN moved to approve the check register of March 26, 2021 in the amount of $167,812.66. Commissioner KUTZ seconded the motion. The motion carried 4-0.
Commissioner SCHIN moved to approve the check register of April 9, 2021 in the amount of $864,995.05. Vice President BLACK seconded the motion. The motion carried 4-0.
Resolution 2021-R-13: Building Safety Month
President Villone noted that a communication was sent earlier in the day to the Commissioners proposing a minor adjustment to a Resolution of the Board of Commissioners of Lower Allen Township, Cumberland County, Pennsylvania, proclaiming May 2021 as Building Safety Month. President Villone then sought a motion to adopt the amended resolution. Commissioner KUTZ moved to adopt the amended resolution. Commissioner SCHIN seconded the motion. The motion carried 4-0.
Release of Receptionist/Clerk Rhonda Shenk from Probationary Status
President Villone sought a motion to approve the release of Receptionist/Clerk Rhonda Shenk from probationary status to regular full-time status effective April 13, 2021. Commissioner SCHIN moved to approve the release. Vice President BLACK seconded the motion. The motion carried 4-0.
ANY BUSINESS PERTINENT TO THE TOWNSHIP:
President Villone noted that if anyone wished to speak at the meeting, there would be 15 minutes allotted per person. Arnold Cushner, a resident of Bethany Village, wished to speak on behalf of the Bethany Village Ecology Team, who work to promote a sustainable and medically safe environment for the residents. Mr. Kushner noted that his statements that evening were to serve as a follow-up to a previous written request to the Board of Commissioners for placement of a medical collection box at Bethany Village. Mr. Cushner stated that Bethany Village is the largest taxpayer in Lower Allen Township with the highest concentration of voting citizens. Further, he indicated that of eleven Township-offered services that taxpayers take for granted, Bethany Village only utilizes three of those services. Hence, he felt that the request for a medication collection box within Bethany Village is a modest yet important one, and that it would protect the safety and health of its residents. He expressed his disappointment in the resistance that he encountered when first introducing this request during a previous Lower Allen Township Board of Commissioners meeting.
President Villone thanked Mr. Cushner and advised the Board that after this request was first introduced at the January 25, 2021 Lower Allen Township Board of Commissioners meeting, the Township’s public safety leaders were to have met with Mr. Cushner for further discussion. President Villone deferred to Director Holl and Captain Crone to speak on the matter.
Director Holl explained that the approval by the Board for placement of a medical collection box within Bethany Village would be considered an exception, and therefore would place the Township in a position where any other privately owned community such as The Woods, or Capital City Mall could request and expect the same accommodation. Director Holl added that it would be a safety and security issue for an unattended and uncontrolled collection box to be installed. As an alternate solution, Director Holl stated that he had previously offered to set up a meeting between Bethany Village and the company that manufactures disposal capsules (an ecologically sound option that renders the narcotics inert), but that Bethany Village did not appear interested in pursuing that meeting.
Captain Crone stated that he agrees with Director Holl’s comments regarding the lack of safety and security of a collection box with a camera in lieu of a fully attended box. He stated that a camera would not prevent a theft of a controlled substance. Rather, it would only record the incident, and that a theft could ultimately lead to a death. Captain Crone also commented on Mr. Cushner’s statement that Bethany Village takes advantage of only three (police, fire, EMS) of eleven services paid for by Lower Allen Township taxpayers. Captain Crone said that the police, fire, and EMS vehicles would not be able to service Bethany Village residents if not for the tax money that keeps the entire Township’s infrastructure intact, and that although Bethany Village residents have access to all facilities maintained by the Township, Township residents would not have the liberty to access and utilize this proposed collection box, paid for by taxpayers, but housed within the private Bethany Village community.
Mr. Vernau stated that if Township employees were to have to go to Bethany Village to collect the medications, he anticipates it would be often. He does not feel he can offer the required Township time and resources that would be needed to manage this service.
Echoing Mr. Vernau, Vice President Black stated that he does not feel the Township is staffed for this task, and that Township safety officers are direly needed on the street.
Commissioner Kutz asked if the Rupp Avenue fire station could be used as a collection box location for Bethany Village residents, since it is close by to Bethany Village. Captain Crone stated that setting up a collection box at the Rupp Avenue location would not be feasible because it does not have adequate staffing to keep the box secure. Commissioner Kutz asked if the Township could afford to offer a person to staff Rupp Avenue one hour per week. Captain Crone stated that two people are required and would need to drive there to man the box for one hour. He added that if Bethany Village residents are getting into a vehicle to drop off medications at Rupp Avenue, it would be the same distance or less to take the narcotics directly to the Township building.
Commissioner Kutz inquired on the possibility of Bethany Village staff manning the box and collecting the box contents (if a box were placed within Bethany Village), and then transporting the medications to the closest Township box. Captain Crone stated that only certain authorized people can transport narcotics that are not prescribed specifically to them, therefore it would not be legal. Captain Crone also mentioned that the local pharmacy personnel may be licensed to pick up and transport out of Bethany Village, and that he felt that is an option that should be explored further. Commissioner Kutz asked if anyone had checked with the pharmacy within Bethany Village as a potential resource. Mr. Cushner stated that he inquired with that pharmacy, and that they do not have the physical space to offer such a service.
Commissioner Kutz requested the Board explore the possibility of offering collection boxes on a case-by-case basis provided certain eligibility criteria is met, such as age 55+ communities, and noted that he looked forward to the Township Solicitor’s response to this comment, and the testimony thus far.
Steven Miner, Township Solicitor weighed in. He expressed he does not believe public funding can be used for a program taking place on private property. Commissioner Kutz asked if there is law supporting this theory. Mr. Miner stated he has not formally researched it, but he feels it does not appear to be an appropriate use of tax money. Commissioner Kutz asked Mr. Miner to complete a formal investigation into this topic prior to the Board making any final decisions.
Commissioner Schin reminded the Board that the staffing issue is another serious issue that continues to be passed over. He does not believe that picking up, transporting, and dumping chemicals should be a task of the police staff, therefore fully opposes this request.
President Villone asked Mr. Cushner if he would be open to having public safety officers along with the company that manufactures the disposal capsules present their solution to Bethany Village. Mr. Cushner agreed to the meeting. Director Holl agreed to coordinate the meeting set-up.
Mr. Cushner stated that he does not feel that the Bethany Village residents will be open to being responsible for managing their own medications. President Villone indicated he understood and encouraged Director Holl to move forward. President Villone also asked that Mr. Miner get the appropriate clarification on the current law as previously requested by Commissioner Kutz.
President Villone noted that Commissioner Holtzman had joined the Zoom meeting and would, at that point be included in the quorum for the remainder of the Board meeting.
TOWNSHIP ENGINEER
Kinsley Construction Invoice Approval
Mr. McCullough requested approval of Invoice No. 1 in the amount of $40,777.98, to Kinsley Construction, Inc. for construction progress on the Fun Fort Construction Project.
Vice President Black asked Mr. McCullough why the design professional had not signed the request for payment. Mr. Flint stated that the design professional completed his services when the project was completed and went to bid but was not contracted for construction phase services. Vice President Black asked if anyone is inspecting the work that Kinsley is doing. Mr. McCullough stated he and Mr. Flint are indeed reviewing the project once a week, and Public Works inspector Glenn Magatz visits at least every other day. Commissioner Schin asked Mr. McCullough if records of these inspections are being kept. Mr. Flint stated that Mr. Magatz keeps a daily record and log of his visits and findings, but that the logs are not listed on the invoices by design.
Commissioner KUTZ moved to approve payment of the invoice. Vice President BLACK seconded the motion. The motion carried 5-0.
STORMWATER PROGRAM MANAGER
LATSA and LAT Agreement
Ms. Davis stated that the Stormwater Authority’s Auditor (BSSF) recommended that the Stormwater Authority and the Township enter into a written agreement that would outline the bid process for projects. Ms. Davis noted that although the Stormwater Authority and the Township are utilizing a standard bid process today, BSSF recommends that this process be placed in writing, reviewed, and agreed upon annually. Ms. Davis presented the written bid process, previously approved by the Stormwater Authority, to the Board and requested consideration.
Commissioner BLACK moved to approve the written bid process. Commissioner HOLTZMAN seconded the motion. Commissioner Kutz asked Mr. Miner to weigh in on the written bid process prior to a vote. Mr. Miner indicated that he did not speak with the auditor but felt that formalizing an agreement between the financing authority and the transfer of payments makes sense. He added that without this written agreement, a conflict between the two parties would be problematic for him as the Township Solicitor, as he would not be able to represent either party. Commissioner Schin, a member of the Stormwater Authority Board, agreed that this written agreement was formalizing a process that has historically worked well between Lower Allen Township (LAT) and the Lower Allen Township Stormwater Authority (LATSA). Commissioner Kutz asked Mr. Miner to clarify the verbiage of #2 in the documentation, “The Board of either the Township or the Authority will review and approve the lowest responsible bid”. Commissioner Kutz questioned the use of the word “or”, in lieu of only one or the other Board (LAT, or LATSA). Mr. Miner stated he felt that it was an attempt to formalize the arrangement, even though the LATSA does not have the paid staff, therefore the authority, to open or approve a bid. The question was called, and the motion carried 5-0.
Stormwater Inspector Job Position Discussion
Ms. Davis advised she has experienced an unanticipated workload based on recent grants that were approved for use by Lower Allen Township Stormwater Authority (LATSA). She requested the Board approve the hiring of someone to take over some LATSA field work, GIS mapping, and data collection. Ms. Davis then opened the floor up for questions.
Vice President Black commended Ms. Davis for her work with the grant-writing process, and asked Ms. Davis if the salary for this position would come from the Stormwater Authority. Ms. Davis confirmed. Vice President Black indicated he would advocate for the position. Commissioner SCHIN motioned to move forward with the advertisement of the position. Vice President Black asked if the position would include a workload that is pre and post grant. Ms. Davis clarified that she is looking for someone to handle work around MS4 permit requirements. Vice President BLACK then seconded the motion.
President Villone inquired as to whether the ongoing revenue from the fees that residents pay to the LATSA would pay the $41,000 salary and benefits, or if the position is only now possible due to the grant money that was awarded. Mr. Grove indicated that the money is already there to cover the salary and benefits that come with hiring this employee. President Villone then asked Mr. Grove if the proposed salary of $41,000 is in line with the job role. Ms. Davis stated she met with the HR Coordinator and the Township Manager, and together they reviewed salary survey data, along with salaries from other local municipalities with similar job positions. She further noted that the $41,000 starting point would offer some flexibility in hiring someone with more, or less experience. President Villone called for the vote, and the motion carried 5-0.
FINANCE
Planned change in delinquent refuse collection practices
Mr. Grove stated that with the current collection process, after a refuse account is delinquent for four quarters, the Township will file a complaint in assumpsit on the resident. He explained that the process is specific to the individual it is placed with. Mr. Grove added that with the new case law, the Township is now permitted to place a lien on the delinquent resident’s property.
Commissioner Schin asked Mr. Grove to define the term “assumpsit”. Mr. Grove advised that it acts as a personal judgement, which stays with the individual. With a lien, the judgement stays with the property, which positions the Township to collect delinquencies more quickly and successfully.
President Villone received a motion from Commissioner SCHIN, and a second from Vice President BLACK to update the delinquent refuse account practice as outlined by Mr. Grove. The motion was carried 5-0.
COMMUNITY AND ECONOMIC DEVELOPMENT
Zoning Hearing Report
Mr. Eby advised that the Zoning Hearing Board met on March 18, 2021. They had a public hearing with Goodall Pools regarding a homeowner at 3410 Canyon Creek. The variance was to exceed impervious coverage on their lot. The applicant was not able to show sufficient hardship as defined in the variance criteria of the zoning code, and they did not request the minimum relief possible, therefore it was denied.
Mr. Eby stated that an upcoming hearing is slated for April 15, 2021. The applicant is Linda Milletics of 10 Argali Lane. They will be discussing the height of a fence she has in one of the two front yards of her peculiarly shaped corner lot. The application explains the five variance criteria in detail; therefore, no solicitor appearance will be requested by staff.
Commissioner Kutz inquired as to where the arborvitae is in relationship to the fence. Mr. Eby indicated he believed the arborvitae is aside the fence inside the yard.
President Villone asked why a variance was requested. Mr. Eby said that in Lower Allen Township’s zoning code for fences, it limits fences in front yard setbacks (distance from street right of way to where you can build a building) to 42 inches. Because this is a corner lot, and the Sna Road frontage is along Ms. Milletics’s back yard, her intention is to seek backyard privacy. The fence would be closer than 30 feet to the street right of way line, which creates a need for the variance. President Villone thanked Mr. Eby for the report.
MANAGER
Pickleball Courts at Wass Park
Mr. Vernau updated the Board on the status of the quotes he is requesting for the pickleball court construction. He advised they are currently under the amount required for a formal bid but are within the range requiring telephonic quotes. He added that in speaking with other municipalities, there are not many contractors doing this type of work, therefore finding the quotes needed may be a challenge. He indicated that the law requires that as long as there is an attempt to retrieve the quotes, that is sufficient. Mr. Vernau stated that it is projected that this construction could be completed before the end of May. Mr. Vernau clarified that the location of the pickleball courts would be in place of the current lighted tennis court closest to Wesley Drive at Wass Park. Commissioner Kutz inquired if there are plans for pickleball courts at the tennis courts by Church Field. Mr. Vernau said that may be discussed in upcoming years. He added that only the tennis courts that have little or no use are considered for this type of change, and that one tennis court can be converted to four pickleball courts.
BUILDING CLOSURE
Mr. Vernau stated that there has been a slight uptick in coronavirus cases in Cumberland County. He expressed frustration in not being able to open Township buildings to the public. A benchmark had been previously set by the Township that less than 50 cases per day for at least a week would be the number required to open to the public. Those numbers, although close, had not yet been reached. Based on the latest trends, Mr. Vernau’s opinion was that the Township buildings may be in a position to open sometime by the end of May. In light of the current numbers, President Villone suggested to the Board that the next meeting be held via Zoom. Vice President Black concurred.
COMMISSIONER REPORTS
Captain Crone stated that the Police Department is in the oral interview stage of their hiring process for police officers, and that he should have a list of recruits shortly for July employment.
Mr. Eby provided a brief watershed report. He said there was no Trout Day this year because the Suez property was not available for public use. He is hopeful there will be a July creek clean-up event, and he will be continuously monitoring the situation for updates.
Mr. Vernau introduced Michelle Kilgore as the new Lower Allen Township Recording Secretary.
Commissioner Schin stated he was able to visit Cedar Cliff High School recently when the physical fitness tests for new potential police officers were taking place. He indicated that he appreciated the opportunity to be an observer.
Based on a recent incident with trash not getting collected on schedule in his neighborhood, Commissioner Schin asked about the use of LA Alert calls by the Township and wondered if it would have been relevant to this situation. Mr. Vernau stated the Township management prefers to reserve that service for incidences that affect a larger geographical area. He said they try to be cognizant of not over-using the notification system because they do not want residents to unsubscribe. Mr. Vernau did, in retrospect, express that the Township could have used that broadcast system for the trash pick-up issue that Commissioner Schin was referring to.
Commissioner Kutz expressed good wishes to Lieutenant Thomas for his recent retirement.
Commissioner Kutz summarized the Cumberland County Municipal Advisory Board’s recent meeting as it related to LAT. The Thirty by Thirty Farmland Preservation Goal, a program with a goal to preserve 30K acres of farmland by the year 2030. Property tax credit for firefighters and payments in lieu of taxes. Commissioner Kutz attended Spring Gate Arcona’s soft opening on April 2nd, and that it brought some parking issues to light. He was pleased to hear that York County approved $2,000,000 funding for repairs to the Slate Hill Road bridge, that the Sheepford Road bridge is getting preserved, and that both bridges are to be closed through December for these repairs.
Vice President Black asked Mr. Grove about the status of the Township’s efforts in the collection of delinquent EMS bills. Mr. Grove advised most of the collection process is governed by Medicare, and that the Township is doing everything they can to collect. Mr. Grove assured Vice President Black that the Township is using the best collection efforts possible, equal to anyone in the state.
Director Holl thanked Terry Lenker from Civil Service Commission for attending the police officer interview process and extended that invitation to any Township Commissioner that wishes to observe.
President Villone spoke of his upcoming work in support of the PSATC’s efforts at the Capitol. Vice President Black expressed he is advocating for the use of radar by police on local Township roads and will be supporting a related House bill on the topic.
ADJOURNMENT
The regular meeting of the Board of Commissioners adjourned to Executive Session at 7:39 pm.