Board of Commissioners
3-8-2021 Minutes
MINUTES
BOARD OF COMMISSIONERS LOWER ALLEN TOWNSHIP
REGULAR MEETING MARCH 8, 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
Thomas H. Kutz David Holl, Public Safety Director
Dan Flint, Public Works Coordinator
Brad McCullough, Public Works Coordinator
John Eby, Building and Zoning Coordinator
Leon Crone, Police Captain
Tony Deaven, EMS Captain
Rebecca Davis, Stormwater Program Manager
Steven P. Miner, Solicitor
Tina Thomas, Recording Secretary
President Villone called the March 8, 2021 virtual Regular Meeting of the Board of Commissioners to order at 6:01 pm. He instructed any members from 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 and that Commissioner Holtzman was absent. This was followed by a prayer and the Pledge of Allegiance.
MEETING MINUTES
Vice President BLACK moved to approve the minutes as amended from the February 22, 2021 Regular Meeting. Commissioner SCHIN seconded the motion. The motion carried 4-0.
BID OPENING: RTU 2 Replacement
Mr. Vernau announced that four bids were received by the Township for the Roof Top Unit #2 replacement project. He said that Mr. Flint was present to help with opening the bids:
| Name | Amount of Bid | Bid Bond |
| Sheet Metal Specialists, LLC | $111,300.00 | Yes |
| Frey Lutz Corporation | $99,970.00 | Yes |
| W.C. Eshenaur & Son | $104,200.00 | Yes |
| Spotts Brothers | $114,000.00 | Yes |
Mr. Vernau said that the bids would be sent to the Solicitor for review.
PRESENTATION: Cumberland County Drug Task Force
Chief Ken Hassinger, Director of the Cumberland County Drug Task Force (DTF) was in attendance to speak about the Drug Task Force’s work in 2020 as it relates to Lower Allen Township. He introduced Michelle Sibert and Daniel Tarvin, who were also in the Zoom meeting from the District Attorney’s office. Chief Hassinger said that the West Shore, including Lower Allen Township, has become a hot spot for drug activity and overdose deaths. He noted that the DTF focused on this area due to having confidential informants there as well as it being the home jurisdiction of the officers serving full-time on the Task Force. Chief Hassinger said that 85-90% of the 75 new cases opened have been in this area. He said that District Attorney Skip Ebert plans to continue the partnership where participating departments are partially reimbursed for use of a full-time officer by the DTF. Chief Hassinger noted that the money for reimbursement comes from asset forfeitures. The amount of reimbursement available so far this year is down because of delays in court cases causing a backlog. This made it hard to get the checks out to the participating departments, but they are hoping to do a second reimbursement when things pick up with the courts. He spoke about two large drug busts that took place in Cumberland County and Lower Allen Township where marijuana, cocaine, and weapons were seized. Mr. Tarvin added that the forfeiture of assets does not occur until the criminal cases are closed. Ms. Sibert spoke about Detective McNair’s importance and involvement with the DTF and said that he represents Lower Allen Township well. She said that defendants must have a jury trial for the forfeiture to take place. She added that there is no way they could ever reimburse the participating municipalities for 100% of the officers’ time.
President Villone asked about the make-up of the task force and how many departments are participating. Chief Hassinger said that initially five departments provided full-time officers but that is down to three now: Lower Allen, East Pennsboro, and Mechanicsburg. Twelve other part-time officers serve from other departments. He said that the DTF is always one to two years behind in reimbursing the municipalities and it is based on the amount and type of drugs seized. Commissioner Kutz asked what the township pays for Detective McNair and Mr. Vernau replied that with benefits, around $180,000. Director Holl said that the reimbursement in past years has been $25,000 but this year is $15,000. Commissioner Kutz said that he supports Detective McNair being on the DTF but does not feel that the Township is getting a fair return. He added that other non-participating municipalities also get benefits from the service provided. Ms. Sibert said that the largest reimbursement they have been able to provide is $30,000 and that could still be obtained by additional forfeitures. Commissioner Schin asked if any departments who previously participated will be returning and Chief Hassinger said that prior to COVID, they were visiting municipalities and seeking donations toward DTF costs and recruiting. He said that DTF operates on assets from forfeitures and the Attorney General account which provides for equipment and overtime for the officers. He cannot run the DTF on part-time help so he will be recruiting additional full-time officers. Captain Crone noted that Detective McNair spends about 20-25% of his time at Lower Allen Township where he works on Megan’s Law cases and firearms purchases.
President Villone offered to go along with the DTF and speak with other municipalities. Vice President Black asked Captain Crone if Detective McNair’s involvement keeps Lower Allen Township freer of drugs and Captain Crone replied that it does. Vice President Black voiced his support for the program as well as Commissioner Schin. Chief Hassinger said that the DTF has supplied 466 hours times three officers on the above-mentioned Lower Allen drug cases. President Villone said that he would like to revisit with the DTF in the fall to see where the forfeitures are at. Chief Hassinger responded that he would be happy to do that and could talk in more detail in a future Executive Session. The Board thanked Chief Hassinger and the representatives from the District Attorney’s office for speaking with them and for their work.
AUDIENCE PARTICIPATION: Any item on the agenda.
President Villone explained how to notify the meeting host if anyone from the public wished to speak. Mr. Vernau relayed a comment by Joseph Swartz, 1706 Letchworth Road, who was in attendance. Mr. Swartz said that the value of the Drug Task Force is not in the money but in getting the drugs off the streets, and that law enforcement is an investment not a revenue stream.
PRESIDENT VILLONE
Check Register
Commissioner SCHIN moved to approve the Check Register of February 26, 2021 in the amount of $106,155.29. Vice President BLACK seconded the motion and the motion carried 4-0.
Resolution 2021-R-09: Hiring Heather Douden
Commissioner SCHIN moved to approve hiring of Heather A. Douden as Administrative Assistant/Event Planner for the Public Works Department, effective March 22, 2021. This is a replacement, not an additional hire. Commissioner KUTZ seconded the motion and the motion carried 4-0.
Contract for Moreland Basin Retrofit Project
Commissioner KUTZ moved to approve awarding the contract for the Moreland Basin Retrofit to Allstar Ecology, following last meeting’s bid openings. Commissioner SCHIN seconded the motion and the motion carried 4-0.
ANY BUSINESS PERTINENT TO THE TOWNSHIP:
There was none.
TOWNSHIP ENGINEER
Preliminary Street Paving List
Mr. McCullough spoke about future paving being in 2022 since it is on an alternating year schedule. The Public Works Department inspects the Township streets and creates a list for paving. He said that the list is made ahead of time so utility providers can plan any work they need to do. He also said that approval of the list is not a commitment that all the paving will be done. President Villone asked if the money for this comes from the Liquid Fuels tax and Mr. Vernau responded that the state provides money yearly but the Township paves biannually to allow for doing a larger amount at one time. Commissioner Kutz brought up a concern that residents of Beaver Road have with people living in the Brooks Edge Apartments cutting through their street. He would like this to be discussed at a future date.
Commissioner KUTZ moved to approve the Preliminary Street Paving List for 2022, and Commissioner SCHIN seconded the motion. Motion carried 4-0.
Revised Subdivision Plan for 1229 Rossmoyne Road
Mr. McCullough said that Minor Subdivision Plan for Richard and Linda Hammon was approved and recorded in 2020. The design professional discovered an error in the metes and bounds shown on the plan, which means a new plan must be approved by the Board and recorded again. He added that due to the minor nature of the change, the applicant is requesting a waiver from Section 192-39.F that requires review by the Planning Commission. Commissioner Schin asked if anyone has seen the plan and Mr. McCullough said that they have not but have spoken with the developers. He also said that staff will be reviewing the plan. In response to President Villone’s question on timing, Mr. McCullough said that it is anticipated that they will have the plan by March 19th with a vote occurring at the March 22nd BOC meeting. Vice President Black noted that he would not be voting on the Plan submission as his firm is the design firm doing the work.
Commissioner SCHIN moved to approve the requested waiver from Section 192-39.F that requires review of the Plan by the Planning Commissioner. Commissioner KUTZ seconded the motion and the motion carried 3-0, with Vice-President Black abstaining.
COMMUNITY AND ECONOMIC DEVELOPMENT
Contract Renewal with Approved Code Services, Inc.
Mr. Eby spoke about the six-month contract that the Township has had with Approved Code Services expiring soon. He said that the Codes Department has been using them on an as-needed basis for plan review and inspections and would like to continue. Mr. Eby said that while we are looking for a full-time Codes Inspector to hire, it may still take some time to find the candidate they want. This will necessitate using a third party in the meantime. Commissioner KUTZ moved to renew the contract with Approved Codes Services, Inc., and Vice President BLACK seconded the motion. Motion carried 4-0.
Zoning Hearing Board Report
Mr. Eby said that the Zoning Hearing Board will be holding a reorganizational meeting on March 18, 2021 and considering Docket #2021-01. This is an application of Tim Callahan with Goodall Pools, 3607 Hartzdale Drive, requesting a variance from Section 220-23 on behalf of the homeowners at 3410 Canyon Creek. The homeowners wish to have a pool and patio constructed that would exceed the maximum 30% limit of impervious lot coverage in their district. Mr. Eby said that the applicant is willing to install stormwater mitigation which would negate the increase in impervious coverage. He added that Mrs. Davis, Stormwater Project Manager has approved the design.
Mr. Eby also spoke about the Zoning Hearing Board’s decision being reversed in County Court regarding Excitement Video’s nonconforming sign. He said that this will be further discussed in Executive Session.
MANAGER
Resignation of Matthew Greene from Public Works Department
Mr. Vernau said that employee Matthew Greene has resigned from his position as a Maintenance Specialist for the Public Works Department and staff is seeking permission to advertise for a replacement. Commissioner SCHIN moved to approve staff to advertise for the position of Maintenance Specialist in the Public Works Department and Vice President BLACK seconded the motion. Motion carried 4-0.
Appointment of Alternate for West Shore Recreation Board
Mr. Vernau said that Vice President Black is Lower Allen’s representative to the West Shore Recreation Commission, but we do not currently have an Alternate since the resignation of Peddrick Young. Vice President Black suggested contacting the other applicant for the previously open position on the Township Recreation and Parks Board. The Board agreed and requested that Mr. Vernau reach out to this applicant and find out if she would be interested. If she is willing to serve on the West Shore Rec Commission, Mr. Vernau will bring it to the Board for approval. President Villone offered to fill in as needed in the meantime.
Years of Service Recognition
Mr. Vernau spoke about three employees who are up for years of service awards from the Township. They are all members of the EMS Department. Amy Nye and Joseph Peters both have 15 years with the Township and Scott McClintock has 20 years of service. Mr. Vernau said that they will be recognized at the next meeting.
COMMISSIONER REPORTS
President Villone noted that after Commissioner Reports, the Board would be recessing to Executive Session.
Captain Crone thanked the Board for listening to the report from the Drug Task Force.
Director Holl also thanked the Board and said that he would bring the DTF back in the fall as well as provide statistics to the Board.
Mrs. Trone spoke about Lower Allen staff creating a webpage for Lower Allen Commons with land development plans for the site. She said that the site contract was awarded to York Excavating and they should begin next week. She invited Board members to direct residents with questions to the webpage. Mrs. Trone also spoke about CAEDC, which is providing funding for hospitality relief for restaurants due to COVID.
Mr. McCullough provided an update on the Fun Fort project. He said that Public Works staff have completed the demolition and Kinsley Construction plans to start construction this week, with an anticipated completion date of June 30th.
Captain Deaven said that he is encouraged by the news that COVID numbers are dropping. He said numbers are better than they were in December and January. He thanked the Board for their support.
Mr. Vernau spoke about the Eagle Scout who had built some kiosks and little libraries in some of the Township Parks receiving his Eagle Award. His Court of Honor is now scheduled for April 17th at the Lisburn Fire Company and he has invited the Board to attend. President Villone and Commissioner Schin said they would like to attend.
Commissioner Schin spoke about a memo from Director Holl from last fall regarding discussions with Shiremanstown using our EMS services. Director Holl said that they met with Shiremanstown but have not heard back from them since the meeting. Commissioner Schin verified that in the next round of police hiring, applicants will be considered with or without Act 120 certification. Director Holl said this is correct. He also said that testing is scheduled for March 27-28th and anyone from the Board who is interested can attend. A list will be presented to the Board following this.
Vice President Black asked Captain Deaven if he has heard anything about the CDC relaxing requirements for people who have been vaccinated. He said that people who have been vaccinated for up to two weeks and then for three months do not have to quarantine. He has not seen anything else official but will notify the Board when he does.
Commissioner Kutz thanked Mr. Holl and Captain Crone as well as the Drug Task Force for the information provided tonight. He said that he views it as an investment in the community and values Troy’s work.
President Villone congratulated Commissioner Kutz on his recent engagement. He also congratulated Mr. Holl for his third term on the 911 Advisory Board. He spoke about the many positions held on various boards and associations across the state by Lower Allen employees and the positive reflection on the Township. President Villone said he is looking forward to going back to in-person meetings when it has been deemed safe to do so. Mr. Vernau said he is checking with other municipalities and most are also closed except by appointment. He said that based on the Governor’s guidelines, he would like to see the average number of new cases drop below 50 for a week before opening the building. He hopes that if the downward trend continues, the in-person meetings can resume soon. The Board appreciates that Mr. Vernau is checking into it. President Villone welcomes comments from any of the other Commissioners regarding this.
RECESS TO EXECUTIVE SESSION
The regular meeting of the Board of Commissioners recessed to Executive Session at 7:52 pm to discuss the Global Video vs. Lower Allen Township court case.
RECONVENEMENT AND ADJOURNMENT
The regular meeting of the Board of Commissioners reconvened at 8:20 pm. President Villone asked the Solicitor to explain the action needed. Commissioner SCHIN moved to direct the Solicitor not to appeal the decision of the Court of Common Pleas in the case of Global Video and Capital Plaza Associates. Vice President BLACK seconded the motion and the motion carried 4-0.
Commissioner SCHIN moved to authorize the Solicitor to negotiate a time extension for plan review for the Code Enforcement officials of Lower Allen regarding documentation of this signed plan. Vice President BLACK seconded the motion and the motion carried 4-0.
The regular meeting of the Board of Commissioners adjourned at 8:22 pm.