YORK AREA REGIONAL POLICE COMMISSION
NOVEMBER 13, 2013
A public meeting of the York Area Regional Police Commission was held on Wednesday, November 13, 2013 at the York Area Regional Police Building, 33 Oak St., York, PA 17402.
Those present were Paul Smith, Commissioner, Albert Granholm, Commissioner, Paul Redifer, Commissioner, Paul Knepper, Commissioner, Rodney Sechrist, Commissioner, Ronald Smith, Commissioner, Gavin Markey, Solicitor, Thomas Gross, Chief of Police, and Tracy Fleming, Business Administrator.
Commissioner Paul Smith called the meeting to order at 6:00 pm.
Pledge of Allegiance.
The Chief’s Commendation for Excellent Performance – Officer Adam Cohick, Officer Curtis Hempfing and Officer Donald Hoshauer, Jr. This was for a burglary in process on Main Street in Red Lion Borough on October 28, 2012.
The Chief’s Commendation for Excellent Performance – Officer Sampere. This was for a burglary in process discovered during a routine business check on Springwood Road in York Township on November 22, 2012.
The Chief’s Life Saving Award – Officer Dalkiewicz and Officer Sampere. This was for an incident on June 22, 2013 on South Queen Street in York Township. The officers performed CPR and saved the man’s life. Tom McLaughlin was in attendance and thanked the Officers for saving his life.
The Chief’s Commendation for Excellent Performance – Sergeant Weyth Barley, Jr., Corporal Daniel Miller, Detective Donald Hopple, Jr., Officer Stephen Sanders, Officer Paul Steinfelt, Officer Scott Longnecker, and Officer Mark Price. This was for a suspicious person call at White Jewelers on St. Charles Way in York Township on October 2, 2012.
Commissioner Paul Smith thanked all of the Officers. He stated they all deserve it and should be proud of themselves.
There were no public comments.
APPROVAL OR AMENDMENT TO MINUTES OF OCTOBER 10, 2013
Commissioner Granholm made a motion to approve the October 10, 2013 minutes, seconded by Commissioner Redifer, motion carried.
The Chief informed the Commissioners on October 16, 2013 a letter of resignation was received from Officer Kevin Spangler effective March 16, 2014.
POLICE SERVICE CONTRACT UPDATES
Red Lion Borough – This contract will be discussed later in the meeting.
Felton Borough – Mayor McBrien was in attendance. He stated the Borough was considering a 1/4 of an hour increase in units. The Contract should be signed at the next Borough Council meeting which is the first Monday in December. The Chief stated the Borough is aware the Contract needs to be signed by December 31, 2013.
Dallastown Area School District – The Chief advised the Commissioners that he received correspondence from the School District on October 15, 2013 requesting additional information. The first question was if the Commission has an audit performed. If so, by whom and on what basis, plus they would like a copy of the last audit. The second question was how the Commission was seeking to reduce its costs. The third request was they would like to be provided with updated timekeeping records for Officer Barley for the current school year. The Chief will provide a copy of the audit to them. The Commission discussed how to address the other issues.
CIVIL SERVICE COMMISSION REPORT
There was no Civil Service Report.
Grants – The Bulletproof Vest Partnership Grant was approved in the amount of $1,699.36. This is based on a formula by the Justice Department. We also received the funds from DCED in the amount of $6,667.00. This was for the software upgrades and additional computer equipment.
The Chief reviewed the audits for the Uniform Pension Plan and the Non-Uniform Pension Plan performed by the Auditor General’s Office.
The Chief stated there was nothing unusual to report in the monthly report.
Approval of Expenses for October 1 – 31, 2013 – $1,209,842.24
Commissioner Paul Smith asked for a motion to approve the expenses for October 1 – 31, 2013 in the amount of $1,209,842.24. A motion to approve the expenses was made by Commissioner Redifer, there was no second. Motion failed. Commissioner Granholm wanted to review the budget items before approving the expenses.
The Chief advised the Commissioners there was a new revised draft budget. There was a significant change in the MMO amounts for 2013 and 2014. The Chief reviewed the MMO’s. He also changed the Post Employment Health amounts from $60,000 to $7,500 for 2014. There were also adjustments to the Vehicle line item. Even with these changes we are still left with a cash flow issue. The Chief explained that there will be 27 payrolls in 2013. The payroll date is Wednesday, January 1, 2014 so it must be paid December 31, 2013. There was a lengthy discussion on how to handle the cash flow issue. The Commissioners decided the Township Managers of the two charter municipalities, Fred Krause, York Township Finance Director, the Chief and Tracy will meet to review the budget.
Commissioner Paul Smith asked again for approval of the expenses for October 1 – October 31, 2013 in the amount of $1,209,842.24. A motion to approve the expenses was made by Commissioner Redifer, seconded by Commissioner Granholm, motion carried.
Attorney Gavin Markey was in attendance at the meeting. Attorney Markey stated there were a few items that he would address that were brought to his attention in the last month. The first was his firm possibly attending Commission meetings in the future. He stated there was a correspondence dated October 15, 2013 outlining his services for the department. He stated for many years he attended the meetings of the Commission. After the majority of the formative years and the implementation of the working documents, contracts and other agreements for the operation of the Department with its various municipal constituents, there came a point in time that the majority of all administrative matters could be handled administratively by the Chief. He stated the fee to attend the monthly meetings would be the current hourly rate of $115.
The second item that was brought to his attention was Red Lion Borough. It was requested he prepare a letter regarding the termination of service to Red Lion Borough. He prepared such a letter advising Red Lion Borough their services from York Area Regional Police would terminate on December 31, 2014. The letter is addressed to the President of the Borough Council, Kelly Henshaw. Copies will be sent to Mayor Steven Kopp and Attorney Charles Rausch. There was a discussion on the purpose of the letter. The reason is to meet the contractual requirements of not self-renewing. A motion to send the Notice of Service Agreement Termination to Red Lion Borough was made by Commissioner Redifer, seconded by Commissioner Granholm, motion carried.
He also prepared a letter for termination of service to Dallastown Area School District for the School Resource Officer. He prepared a letter advising Dallastown Area School District their service from York Area Regional Police would terminate August 31, 2014. The letter is addressed to the Superintendent of the District, Ronald Dyer. Copies will be sent to the Dallastown Area School Board and Attorney Jeffrey Rehmeyer, II. A motion to send the Notice of Service Agreement Termination to Dallastown Area School District was made by Commissioner Granholm, seconded by Commissioner Redifer, motion carried.
The next issue brought to his attention was the general problem facing the Commission on the overages of the contracting municipalities. Sample language was passed on to him. He did not review the content but reviewed the concept on how to implement in the event the Commission would come to a position where they had language they wanted to consider. The specific inquiry was would it be better to implement this language into the Charter Agreement or to have available via Resolution or motion to place it into the contracting municipality’s service agreements. It appears it may be better to handle the overage problem and alternate overage language by implementation into the contracting municipalities contracts for some of these reasons. In reviewing the original agreement between York Township and Windsor Township, the charter municipalities commit to their units on a one year basis only. So there is a quick adjustment that can occur between the charter municipalities in the event an overage problem would ever develop between them. As he understands it from the Chief, the overage problem is with the contracting municipalities. In that regard he was somewhat hesitant to advise an alteration to the Charter Agreement when the charter municipalities are not facing that issue. Another reason he recommends it be implemented into the contracting municipality’s agreements is there are multiple years of commitment. A charter amendment would not affect the contracting municipalities automatically because under Article 14 on page 27 on the original charter we are obviously in a position where we have to contract on a basis with the various contracting municipalities. So even if it was implemented into the Charter Agreement we could have a municipality that would not want to honor or would try to negotiate around what language we actually implemented into the Charter Agreement. So we would still be on a basis where you would either have to force that revision on them, not deal with them unless they accepted it, or work with them in some fashion to take account of future overages. Another reason that he came to this conclusion he is suggesting, this goes back some years when he assisted in the formation of the Commission and the force, there was some thought between York Township and Windsor Township that in the formation those municipalities had put up substantial investment of capital and time. They actually wanted some degree of flexibility that would be inherent when they were dealing with each other. He would at least be willing to assert that mandating some overage formula based on that one year time period that they are dealing with may cut against that formation philosophy that originally operated, he believes, between the 2 municipalities. Lastly, just for your input he thinks there is a practical suggestion that the Commission needs to take account of that is simply, any Charter Agreement change itself whether it is in respect to overages or otherwise. It does require a three quarter approval that is in Article 18 page 36. Both initiating municipalities would have to agree with the language, agree to its adoption and amendment into the Charter Agreement. It could be an easy thing or could not be so easy. He will let that up to the Commissions’ consideration. A Charter change itself is going to involve three solicitors at this point in time. There would be one solicitor for each Township and one for the Commission. These are his thoughts as he indicated he didn’t review the overage language itself. He feels this is more a policy and an administrative process with the Commission and the Chief. A Charter amendment will not affect the contracting municipalities.
POLICE CHIEF’S REPORT
The Chief advised the Commissioners there was a pedestrian fatality in October in York Township. There was also a death investigation from an overdose of various prescription and illegal drugs in Dallastown Borough.
There were nine hours of volunteer services in October.
The Chief updated the Commission on the implementation of the new scheduling program. This has been a big learning curve and change for the department. Lieutenant Zech has done a lot in overseeing that transition.
The Chief reminded the Commissioners it is the time of year for the Citizen at Large election. Commissioner Ronald Smith informed the Commissioners the process was started in October. Mr. Green has everything and the ballots have been sent out. The deadline is December 4, 2013.
There was a brief discussion on the police hour proposal.
Commissioner Redifer had no comments.
Commissioner Granholm stated that he, Commissioner Knepper, the Chief and Tracy did meet with Peter Whipple from Benecon. It was a very beneficial meeting. One of the items he requested from Peter Whipple was a five year projection. Benecon’s estimation over the next five years the healthcare costs are projected to increase $600,000. There were discussions on different programs. There was also a discussion on the Cadillac Tax (on a rich plan) where a certain dollar amount will be taxed at a 40% excise tax. This is one potential item we will have to deal with down the road.
Commissioner Knepper stated he was also at the meeting with Benecon and found it very educational and enlightening. With regards to the finances at the department it disturbs him very much. He knows how diligent the staff is at York Township in creating and making the budget work. If this would have happened at York Township, he would expect to see a resignation on the table tonight. How we meet the need by the end of the year he is not sure. In his opinion, we need to raid the accounts we have available then to go into next year with a debt hanging over our heads.
Commissioner Sechrist had no comments.
Commissioner Ronald Smith concurs with Commissioner Knepper. He would like to see if we could try down the road and he is sure it will be years down the road to get and adopt a balanced budget. He knows we don’t have to but thinks we should.
Commissioner Paul Smith had no comments.
The Commissioners decided it was not necessary for Attorney Markey to attend the December 2013 meeting.
The Chief informed the Commissioner there will be light refreshments before the December 12, 2013 meeting to acknowledge the departure of Commissioner Paul Smith. He would like to invite everyone to attend. He will be sending out notices.
The Commission recessed for an executive session at 7:36 pm to discuss a contract and personnel issue.
The Commissioner reconvened at 7:50 pm.
A motion was made by Commissioner Granholm to adjourn the meeting at 7:50 pm, seconded by Commissioner Redifer, motion carried.
Respectfully submitted and recorded by,
Tracy L. Fleming
UPCOMING MEETING DATES
December 12, 2013 January 9, 2014
Mike Sampere and Family
Stephen Sanders and Family
Weyth Barley, Jr.
Donald Hopple, Jr.
Terry Meyers, Jr.