Board of Commissioners
4-26-2021 Minutes
MINUTES
|
BOARD OF COMMISSIONERS |
LOWER ALLEN TOWNSHIP |
|
REGULAR MEETING |
APRIL 26, 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 | Richard A. Grove, Finance Director |
| Carolyn E. Holtzman | David Holl, Public Safety Director |
| Thomas H. Kutz | Brad McCullough, Public Works DirectorDaniel J. Flint
Leon G. Crone, Police Captain |
| Tony Deaven, EMS Captain | |
| Rebecca Davis, Stormwater Program Manager | |
| John Eby, Building & Zoning Coordinator | |
| Michelle Kilgore, Recording Secretary | |
President Villone called the April 26, 2021 virtual Regular Meeting of the Board of Commissioners to order at 6:03 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 of the April 12, 2021 Regular Meeting. Vice President BLACK seconded the motion. The motion carried 5-0.
Resolution 2021-R-14: Recognition of Daniel J. Flint
President Villone asked for a motion to adopt this resolution of the Board of Commissioners of Lower Allen Township (LAT), Cumberland County, Pennsylvania, recognizing, commending, and honoring Daniel J. Flint, P.E. for his 23 years of service to the residents of Lower Allen Township. Commissioner SCHIN moved to adopt the resolution. Commissioner HOLTZMAN seconded the motion. The motion carried 5-0.
Presentation to Daniel Flint on his retirement
Mr. Vernau read to Mr. Flint the official copy of the resolution, and then presented a plaque. Each commissioner then took turns expressing appreciation for the work Mr. Flint has done over the years and offered their good wishes.
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.
CONSENT AGENDA
President Villone advised that if there were any Commissioners, staff members, or anyone in attendance who would like to have an item on the Consent Agenda removed for further discussion, to please speak up.
Commissioner SCHIN moved to approve the consent agenda, but also wished to inquire with Mr. McCullough on the Engineer’s Report. Commissioner HOLTZMAN seconded.
Commissioner Schin referred to item 1g – Drainage Plan No. DP 2021-02: 1 Hartzdale Drive LD from the Engineer’s Report. He asked what else other than the house will be constructed on this location. Mr. McCullough advised that sidewalks and driveway cut-ins, in addition to stormwater management BMPs (rock pit) were inspected back in March 2021 by his team.
The motion carried 5-0 after Commissioner Schin’s inquiry was addressed.
PRESIDENT VILLONE
Check Register
Commissioner SCHIN moved to approve the check register of April 23, 2021 in the amount of $116,529.93. Commissioner KUTZ seconded the motion. The motion carried 5-0.
Resolution 2021-R-15: Records Disposition
Commissioner KUTZ moved to adopt the resolution authorizing the destruction of certain records under the Commonwealth’s retention schedule. Commissioner HOLTZMAN seconded the motion. The motion carried 5-0.
Commissioner Holtzman asked how the records relating to this resolution will be retained for historical purposes. Mr. Vernau responded that not all of the records need to be retained, and that LAT follows the State’s record retention guidelines on the any items that apply to LAT. Records that must be retained are stored digitally.
Resolution 2021-R-16: Hiring Russell T. Olson
President Villone asked for a motion to adopt a resolution hiring Russell T. Olson as Maintenance Specialist for the Public Works Department, effective May 10, 2021. Commissioner KUTZ moved to adopt the resolution. Commissioner SCHIN seconded the motion. The motion carried 5-0.
ANY BUSINESS PERTINENT TO THE TOWNSHIP:
President Villone noted that if anyone wished to speak at that time, there would be 15 minutes allotted per person. There were no items for discussion.
TOWNSHIP ENGINEER
SLD Docket No. 2016-04, Highpoint Phase 1.3
Mr. McCullough discussed the approval for increasing Financial Security for SLD Docket No. 2016-04, Highpoint Phase 1.3, from $88,937.01 to $97,830.71, and establishing a new expiration date of April 26, 2022. He stated that construction is not yet completed for phase 1.3, therefore the applicant has requested a one-year extension, which allows for a 10% increase. Commissioner Holtzman asked who the applicant is. Mr. McCullough replied that it is Charter. President Villone asked if the 10% rule is standard or if there have been exceptions made in the past. Mr. McCullough replied that 10% is the standard increase. Mr. Miner added that it is in the MPC. Vice President Black asked if there is a reason for the extension. Mr. McCullough replied that construction is not complete yet.
Commissioner SCHIN moved to approve the increase. Commissioner HOLTZMAN seconded the motion. The motion carried 5-0.
Settlement Agreement & Release with Sunoco Pipeline L.P
Mr. McCullough requested that the Board approve a settlement agreement and release with Sunoco Pipeline L.P., providing financial security for roadway repairs that were performed along Sheepford Road for a pipeline installation. The repairs were completed last year and have been inspected by LAT staff, and Sunoco is no longer using the roadway. He advised financial security will be provided until September 28, 2021, and a final inspection will occur prior to releasing Sunoco from the agreement. Mr. McCullough added that this security is required by the PUC (not LAT) because it is a pipeline. President Villone noted that he lives in the vicinity and felt Sunoco did a good job.
Commissioner SCHIN moved to approve the financial security. Vice President BLACK seconded the motion. The motion carried 5-0.
License and Indemnity Agreement for Banner over Township Road for Strong Road
Mr. McCullough requested for the Board to approve a license and indemnity agreement for a banner over Strong Road. The agreement and banner location has been revised since discussion at previous BOC meetings, and is now up for final approval. Commissioner Schin referred to page 2, item E. on the official agreement; “The message on the street banner shall promote only civic events occurring within the Arcona neighborhood. No more than 20 percent of the message may relate to naming or advertising a commercial product, enterprise, business, or company.” Commissioner Schin asked why there would be any commercial promotion on a banner’s advertising that is to promote only civic events. Anthony Faranda-Diedrich, representing Charter Homes, responded that the verbiage in that sentence is pulled directly from language taken from PennDOT’s Agreement. Vice President Black pointed out a typo on the date of the agreement’s first page and proposed a revision from “2020” to “2021”, which will be updated upon finalization. Commissioner Kutz questioned the dimensions of the banner’s frame. Mr. Faranda-Diedrich noted that the location of the banner was revised to be further south, so as to not intrude on the front yard of one of the townhomes. He advised it is approximately 17 feet high. Commissioner Schin expressed concern over the banner’s clearance, and if clearance signage will be included. Mr. Faranda-Diedrich advised that 17 feet (or higher) is regulated by PennDOT and that there would be no clearance verbiage added because generally no trucks sit higher than 17 feet. President Villone asked when the banners will be erected. Mr. Faranda-Diedrich replied that the Strong Road banner is ready upon approval, but they will still need to get a permit. He expected it would take another 30-60 days. For Arcona Road, he stated that there is still work to be done with PennDOT to gain the needed approvals on the location. He was unable to estimate a solid completion date because he could not anticipate how long the PennDOT approval would take.
Commissioner SCHIN moved to approve the agreement. Vice President BLACK seconded the motion. The motion carried 5-0.
STORMWATER PROGRAM MANAGER
Moreland Basin Retrofit Project – Change Order No. 1
Ms. Davis requested the approval of a change order that would allow for the installation of erosion control jute matting. She explained that plantings in other locations within the township where matting was not installed did not fare well due to the mulch floating into the plug plantings, suffocating the plants. Commissioner Kutz asked Ms. Davis to confirm that the funding for this project is coming from recent grant awards. Ms. Davis confirmed. She then asked the Board for a vote to approve the project due to the amount of the proposal.
Commissioner KUTZ moved to approve the funding of the project. Commissioner HOLTZMAN seconded. The motion carried 5-0.
Updated PPC (Preparedness, Prevention and Contingency) Plan
Ms. Davis explained that the purpose of this plan is to prevent and control accidental discharge of polluting materials to surface or groundwater. She added that this is a document that is updated and brought to the Board annually for review and approval prior to presentment to the PA DEP.
Commissioner SCHIN moved to approve the plan. Commissioner HOLTZMAN seconded. The motion carried 5-0.
COMMUNITY AND ECONOMIC DEVELOPMENT
Gettysburg Road Corridor Update and Survey
Ms. Trone summarized the status of the Gettysburg Road Corridor study. She reiterated that residents would receive an electronic survey via the LAT’s reverse 911 system, via Facebook, and the LAT website. She expects that LAT board members or staff may need to field questions from residents on why they are getting these notifications. President Villone thanked Ms. Trone for the update.
PUBLIC SAFETY
Resolution to Hire Justin Lenker as Full Time Public Safety Office (PSO)
Director Holl expressed a need for a full-time PSO now that the economy is starting to recover from unstable conditions in 2020. He added that five prospects were interviewed, and that Justin Lenker was the most qualified candidate. Mr. Lenker is currently a firefighter in South Carolina and would need some sort of commitment from LAT regarding his future employment, so that he could get started on working out the logistics of his move in time for May onboarding. Commissioner Schin asked Director Holl if this is a budgeted position. Director Holl confirmed it was budgeted for a full year in 2021, and they are only hiring in May. Commissioner Kutz proposed that instead of the Board offering a “thumbs up” to Director Holl for the hiring of Mr. Lenker, that the Board take an immediate vote on his employment. Director Holl agreed that an immediate vote to approve a conditional offer to Mr. Lenker, followed by a Resolution to hire him in an upcoming May meeting would be ideal.
Commissioner SCHIN moved to make a conditional offer of employment to Mr. Lenker. Commissioner HOLTZMAN seconded. The motion carried 5-0.
MANAGER
Solar Energy Proposal
Mr. Vernau summarized the proposal from Solar Renewable Energy (SRE) for solar panel installation on the roof of the public works building, and in the field across from it which is currently owned by the Development Authority (DA). The parcel has been for sale, with no success due to the costs to develop. Mr. Vernau also referred to a spreadsheet from the meeting packet that outlined return on investment over a 40-year period. He added that the proposal is in the early stages and he is aware that there are several variables to consider and questions that SRE will need to answer.
Commissioner Kutz expressed his appreciation that renewable energy is being considered by LAT and encouraged them to continue their effort to find the best and most cost-effective solution, and to advise the BOC along the way.
Vice President Black said that the LATDA should and will continue to have meetings to consider the future of the parcel, considering it is currently a developable site, even though the grades may be a challenge.
Commissioner Schin asked if there are alternative parcel locations for consideration. Mr. Vernau advised that the municipal services center has three flat roofs that could be reviewed as possibilities. He closed the discussion stating there will be more to come, and that he will have SRE draw up a proposal for adding solar panels to the Municipal Services Center in addition to the roof of the Public Works building.
Mr. Grove added that there is no question that this is a more economical solution than the current set-up, provided the logistics could be worked out.
COMMISSIONER REPORTS
Mr. Grove stated that the first quarter revenues for 2021 (compared to last year), are back to normal. Economically sensitive revenue is right about where it was forecasted.
Commissioner Kutz stated he spoke with other township officials across the county regarding supporting the Drug Task Force. He spoke with York and Cumberland County commissioners in advocating for Slate Hill and Sheepford Road bridges. He stated he was able to sit in on a few police interviews and a expressed his gratitude for those Township employees involved in the interview process. Last, he advised he was able to join State Representative Sheryl Delozier for a tour of the Peiffer Memorial Arboretum, located along the Yellow Breeches Creek in Beacon Hill.
Vice-President Black stated he sat in on three police interviews and expressed his gratitude for the police force.
Commissioner Schin advised he also sat in on a few police interviews. He said he was impressed with the quality of those he witnessed. Commissioner Schin reviewed the website for the LA Commons Development project news. He stated that the experience was easy and user friendly. Regarding the Public Works department’s monthly report, Commissioner Schin asked if April’s repair of the curb at Warwick and Carlisle was done at the Township’s expense. Mr. Vernau stated that yes, and we have billed the responsible party (DUI offense) for reimbursement.
Commissioner Schin asked for clarification on the repairs to Slate Hill Road and Sheepford Road bridges. Commissioner Kutz advised that the restoration and repair of the Slate Hill Road bridge is slated to be finished in December 2021. He advised he is unclear of the plan for the Sheepford Road location. Commissioner Schin asked if the minutes from the prior meeting regarding the repairs for both bridges were reported properly. Commissioner Kutz said he felt that the minutes were accurate, but that there are currently no repairs being done to Sheepford Road Bridge until the county decides what they wish to do with it.
In response to Mr. Miner providing LAT a written opinion letter regarding the Bethany Village prescription drug collection box (April 12, 2021 BOC meeting), Commissioner Schin asked that the Board discuss the approval process for which this work was delegated. Commissioner Schin requested that the board develop a process to obtain a “Board consensus” for the delegation of such a report, considering it has a financial impact. He argued that in this case, the Solicitor’s verbal opinion was good enough for him to form his own conclusion on the matter, and he felt that it did not warrant further action by Mr. Miner. Commissioner Kutz then stated that asking the Solicitor to back up his professional opinion with an official confirmation was the responsible action to take. For future meetings, President Villone committed to request a consensus prior to requesting such action be taken.
President Villone inquired on the current township ordinance regarding tree branches hanging over the road. Mr. Vernau replied that the ordinance states 14 feet hanging over the roadway or 8 feet over a sidewalk warrant further action. Property owners are required to cut anything that falls below these measurements. In cases where the property owner refuses to cut it, LAT will complete the work and send a bill to the property owner. President Villone asked if any government authority proactively inspects for potential issues with unstable trees. Mr. Vernau replied no, and that liability will fall on the property owner. Mr. Miner added that the standard is that governmental immunity is provided for natural structures.
President Villone asked Director Holl how the body camera (with the 2020 grant money) project is coming along. Director Holl advised they have the equipment and must now install it and set up the training. Captain Crone confirmed full deployment will be completed by this summer.
President Villone noted the Lisburn Community Fire Company will be having their annual festival in person this year. He stated he will be volunteering as a vendor, and proceeds will go to the fire company. He then advised that the fire company is looking for other crafters or vendors to secure a table for the festival.
RECESS TO EXECUTIVE SESSION
The regular meeting of the Board of Commissioners recessed to Executive Session at 8:01 pm.
RETURN TO REGULAR SESSION
President Villone called the regular meeting back to order at 9:12 pm and announced that Commissioner Kutz had to leave the meeting for another commitment. He then asked Mr. Miner to read a motion into the record. Mr. Miner asked for a motion to approve the following statement: “The Township Solicitor is authorized to negotiate a percentage reduction in value for 2020, 2021, and 2022 for the Shaner Select Hotel property in concert with the West Shore School District and Cumberland County.”
Commissioner SCHIN made that motion and Commissioner HOLTZMAN seconded. The motion carried 4-0.
Commissioner SCHIN moved to appoint Mark O’Shea to the LAT Development Authority for a term that will end Dec 31st, 2024. This would be filling a current vacancy. Vice President BLACK seconded the motion. The motion carried 4-0.
ADJOURNMENT
The regular meeting of the Board of Commissioners adjourned at 9:15 pm.