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3-9-15 Minutes

Board of Commissioners
3-9-15 Minutes


BOARD OF COMMISSIONERS                                                                       LOWER ALLEN TOWNSHIP

REGULAR MEETING                                                                                        MARCH 9, 2015

The following were in ATTENDANCE:

BOARD OF COMMISSIONERS                                                                         TOWNSHIP PERSONNEL
H. Edward Black, President                                                                             Thomas G. Vernau Jr., Township Manager
Peddrick M. Young, Sr, Vice President                                                            Erin Trone, Assistant Township Manager
John T. Titzel                                                                                                  Frank Williamson, Chief of Police
Richard F. Schin                                                                                             Daniel Flint, Community Development
Lloyd W. Bucher                                                                                             Richard Grove, Finance Director                                                                                                                                                                       John Eby, Building and Zoning Coordinator                                                                                                                                                     Steven P. Miner, Solicitor                                                                                                                                                                                 Julie Echterling, Recording Secretary                                                                                                                                                                                                                                           

President Black called the March 9, 2015 Regular Meeting of the Board of Commissioners to order at 7:01 pm followed by a prayer and the Pledge of Allegiance. He announced Proof of Publication was available for review.

Commissioner SCHIN moved to approve the minutes for the February 23, 2015 regular meeting. Commissioner BUCHER seconded the motion. Motion carried 5-0.

President Black inquired if anyone in the audience wished to address any item appearing on the agenda. There was no response.

Mr. Dan Flint stated this presentation was part of the Township’s Stormwater Management Program, as part of the National Pollutant Discharge Elimination System (NPDES) Phase 2 Municipal Separate Stormwater System (MS4) Permit. He stated this presentation has been advertised and provided copies of the presentation to the Board and audience. Mr. Flint stated there were six minimum control measures (MCM) and outlined the following changes from 2014-2015:                        

  1. Public Education and Outreach

  • Information on Township Facebook page to be added this year; information to be sent to concrete suppliers re: truck washout requirements; concrete washout note to be added as condition of applicable permits and update complaints database with Municity reporting.
  1. Public Involvement/Participation

  • Add Annual Report to Township website and develop target mailing lists. Use Illicit Discharged Detection and Elimination Plan (IDDE) program to identify target area.
  1. Illicit Discharge Detection and Elimination Plan

  • Edit and update the storm sewer system map and obtain and post waste program information, from County Solid Waste Authority
  1. Construction Site Stormwater Runoff Control Plan

  • Add concrete washout information to information provided to permit holders and contractors and improve reporting of construction site observations by inspection staff.
  1. Post-Construction Stormwater Management in New and Re-Development Activities Plan

  • Implement BMP tracking system in GIS; contact property owners with current Stormwater Facilities and BMP Maintenance and Monitoring Agreements, requesting annual inspection reports and develop and provide an inspection report form to affected property owners.
  1. Pollution Prevention/Good Housekeeping for Municipal Operations Plan

  • Include neighboring municipalities and PA Department of Corrections in annual training; Develop database of all Township facilities and expand Operation and Maintenance Plans to include all facilities. 


The Board asked questions during the presentation and Mr. Flint provided answers. President Black asked how much work these updates would be for the Township staff. Mr. Flint stated he isn’t sure but there were no new funds to cover the additional staff time. Discussion ensued.

Approval of Check Registers
Vice President YOUNG made a motion to approve the Check Register of March 1, 2015 in the amount of $294,415.01. Commissioner SCHIN seconded the motion. Motion carried 5-0.

Vice President YOUNG made a motion to approve the Manual Check Register of February 2015 in the amount of $44,993.99. Commissioner TITZEL seconded the motion. Motion carried 5-0.

Commissioner SCHIN made a motion to enact Ordinance 2015-01, and ordinance of the Board of Commissioners of Lower Allen Township, Cumberland County, Pennsylvania, Restating the Police and Non-uniformed pension plans to incorporate change required by the Pension Protection Act and the Heroes Earnings Assistance and Relief Act.

Roll Call Vote:                            Commissioner Titzel – Aye                                                                                                                                                                         Commissioner Schin – Aye                                                                                                                                                                       President Black – Aye                                                                                                                                                                                 Vice President Young – Aye                                                                                                                                                                       Commissioner Bucher – Aye                                                                                                                                                                                                                                                                                                                                                               

Ordinance 2015-01 was enacted by a 5-0 vote.

Vice President YOUNG made a motion to award a contract to B & B Pole Building Company in the amount of $206,166.00 for construction of the Accessory Storage Building. Commissioner TITZEL seconded the motion. Motion carried 5-0. President Black stated this contract was to replace the bus garage across the creek, which is a requirement of the grant for the Cedar Springs Run Park.

There was no response.

Zoning Hearing Board
Mr. Eby discussed Docket #2015-01 for the former Stephenson’s Flower Shop requesting three variances. Below are the variances

  1. Variance to reduce the perimeter yard setback from 50 feet to 45 feet for the townhomes proposed on Lot 8. Eby stated that would only affect the corner of one building where accommodation is being made to provide a 6’ tall solid privacy fence.
  2. Variance to permit the development to consist entirely of townhomes rather than providing a minimum of 60% detached single family dwellings. Eby stated they would like to build 26 townhomes on the property.  He discussed the peculiar shape of the lot and the density requirements.
  3. Variance to allow greater than 50% of the proposed common open space to be re-graded. Eby stated this variance request is desirable to improve the property which includes the demolition of the former flower shop, seasonal sales building, greenhouses and stockpiles.

Commissioner Bucher expressed his concern about the property owners adjacent to the proposed 26 townhouses. Mr. Eby showed the Board the property on the map and discussed the history of the property. He stated it was up to the applicant to argue their points for the requested variances. Discussion ensued.

Commissioner BUCHER made a motion to go on record that the Board of Commissioners opposes the 60/40 variance requested by the applicant for this property. Commissioner SCHIN seconded the motion. Motion carried 4-0-1 as President Black abstained as the applicant is a client of his business.

Commissioner SCHIN made a motion to send the Solicitor to the Zoning Hearing Board meeting to represent the Board and Township. Commissioner BUCHER seconded the motion. Motion carried 4-0-1 as President Black abstained as the applicant is a client of his business.

Yellow Breeches Watershed Association Report.
Mr. Eby thanked the Township and Board for their support of the Yellow Breeches Watershed Association. He discussed the positive activities the organization does including accepting/handling trash and recyclables from their cleaning days. He stated that the Associations activities tie into the MS4 permitting process. He discussed the upcoming events including Trout Day which includes creek and roadside cleanup and other events throughout the year to help keep creeks and roadsides clean of trash.

Mower Replacement.
Mr. Flint discussed the memo from Mr. Rocuskie on the Parks Department replacement of their mower. He stated under PA state contract it can be replaced for $11,048.13 and it is a budgeted item.

Commissioner SCHIN made a motion to approve the purchase of the replacement mower for the Parks Department in the amount of $11,048.13. Commissioner BUCHER seconded the motion. Motion carried 5-0.

Resolution 2015-R-09: Grant Agreements.
Mr. Flint stated the resolution would authorize the Manager to sign the Grant Agreements with PennDOT for the 2014-2015 Green Light – Go Program. He stated the grants would be 50/50 share for the following locations: Rossmoyne and Wesley Drive, Slate Hill Road and Locust, and 18th Street and Hummel Avenue. Discussion ensued.

Commissioner TITZEL made a motion to approve Resolution 2015-R-09 authorizing the Manager to sign the Grant Agreements with PennDOT for the 2014-2015 Green Light – Go Program. Commissioner SCHIN seconded the motion. Motion carried 5-0.

Security Reduction Request.
Mr. Flint discussed the request for reduction in Improvement Security for SLD Docket No. 2014-01, Final Subdivision and Land Development Plan for Highpoint, Phases 1.1, 1.2 and 1.4. He stated that the inspections haven’t been completed but should be completed before the next meeting. He stated this should be ready for action at the next meeting.

Capital Purchase of two (2) Police Cars.
Chief Williamson discussed his memo outlining the prices for the replacement of two front line vehicles. He stated Mr. Rocuskie recommended going with Hoffman Ford as they have given police vehicles priority in service. The price difference would be $34.00 more per car. Discussion ensued.

Vice President YOUNG made a motion to approve the purchasing of two (2) Ford Police Interceptor Sedans from Hoffman Ford at a price not to exceed $50,836 plus painting not to exceed $1,300. Commissioner SCHIN seconded the motion. Motion carried 5-0.

Proposed 9-11 Memorial.
Chief Williamson discussed the background on the piece of steel gifted to the Lower Allen Fire Department from the World Trade Center. He spoke about the local businessman, Mr. Rob Lauver, who had just opened Lasered Granite Art and Monuments. He discussed the proposed memorial which has been endorsed by the fire company. He discussed the proposed site of the memorial. He stated Mr. Lauver has proposed a price of $12,066.60 for the engraving and granite work. Chief asked the Board for their input on the memorial design, location, and the supporting of fundraising for the memorial. Extensive discussion ensued. The consensus of the Board was they approved of the design but were concerned with the location and traffic. Chief Williamson will look at a different location with the grading and lighting for the memorial. The Board was okay with the Fire Company raising funds for the memorial.

Update to the Zoning Ordinance for Distributed Antenna Systems
Mr. Vernau discussed the proposal from the Cohen Law Group through COG regarding wireless facilities management and updating Zoning Ordinances for distributed antenna systems. He stated that the Cohen law group would look at each municipality’s zoning ordinances and make individual recommendations for each municipality. He said based on the number that participate the Township’s cost could range from $5,000-$5,750. He provided the background of how this issue came about in Philadelphia. Commissioner Schin asked if we could use the money for this service this year and pay it back in the budget next year. Mr. Vernau stated the Cohen group could write a fee schedule into the ordinance that would cover the cost of this review over time. Solicitor Miner stated the Cohen law group are experts in this field and he is advising his clients to do this sooner versus later.

Commissioner BUCHER made a motion to authorize the Cohen Law Group to provide updates to the Zoning Ordinance for Distributed Antenna Systems by the Cohen Law Group for up to $5,750. Commissioner SCHIN seconded the motion. Motion carried 5-0.

Regional Pollution Reduction Plan Proposal.
Mr. Vernau discussed the Regional Pollution Reduction Plan proposal by Pennoni & Associates. He stated the Township has already filed a plan and if the Township joins this there could be good projects that come out it. Mr. Flint spoke about the plan being part of the MS4 permit. He stated the Township’s plan was completed and submitted by haven’t heard back from the DEP. He stated he doesn’t think we need to spend the money for this proposal. Discussion ensued. The consensus of the Board was they weren’t interested in participating as we have already taken action for this issue.

MS4 activities and EPA audits.
Mr. Vernau stated the EPA has been conducting audits with independent contractors. He stated so far every single municipality reviewed has been fined and he discussed the mitigation system to reduce the fees. He stated Staff is getting ready for the audit but no audit has been scheduled to date. He wanted to let the Board know this as the most recent local municipality was able to reduce their fines down to $40,000. Discussion ensued.

Status update on Charter Homes & Neighborhoods MOU.
Mr. Vernau stated the current MOU in place allows for 40 certificates of occupancy and Charter Homes has received 37 building permits to date. He stated Charter Homes is still working on a road plan to incorporate the Township’s requested changes.

Request to lease Township property.
Mr. Vernau spoke about a request from a property owner off Slate Hill Road to install a fence around the pond owned by the Township. The Board was shown the location on the map. The owner owns horses and would like to use a strip of land near the pond to put up a portable barn for her horses which is owned by the Township. He did let her know she would have to have $1 million in liability insurance if the request was granted. Mr. Flint stated there are major utility poles in the area and would have to verify a fence is feasible. Solicitor Miner stated a clause would need to be put in the contract that she would use the land for a period of time with nothing permanent being installed on the land. Discussion ensued. The Board agreed that Staff could continue talking with her about the request.

Mr. Vernau asked the Board to consider March 24 or 31st as a date for a joint meeting with Fairview to discuss the proposal. He asked the Board’s permission to provide an administrative day off for the Public Works department for their work during this winter with the night and weekend hours that were required for the storms. The Board agreed to provide this day off for their work.

Commissioner Bucher stated the Sewer Authority meeting was cancelled for weather issues.

Vice President Young thanked the Staff for the street conditions with the last storm.

Solicitor Miner spoke about the right to know law regarding cell phones. He stated if they are doing Township business on their personnel phone that could be subject to the right to know requests.

Chief Williamson thanked those who attended the fire company banquets. He spoke about the agreement he is working on with the other MICU units to have a region-wide agreement for transporting residents and their memberships. Mr. Vernau stated Chief Williamson led the effort to have one group agreement and sent out and obtained staff input on the agreement.

President Black spoke about the fire company banquets and the great job they did on these events. He stated Lisburn Fire Company would like to put a decal on their new truck to honor a fire fighter who helped design the truck but passed away before the delivery of the truck. The Board agreed with the decal being put on the truck

The Regular Meeting of the Board of Commissioners adjourned at 9:08 p.m.