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7-22-19 Minutes

Board of Commissioners
7-22-19 Minutes


 BOARD OF COMMISSIONERS                                      LOWER ALLEN TOWNSHIP

REGULAR MEETING                                                      JULY 22, 2019


The following were in ATTENDANCE:

BOARD OF COMMISSIONERS                                      TOWNSHIP PERSONNEL

Dean W. Villone, Vice President                                           Thomas G. Vernau, Jr., Township Manager

Richard F. Schin                                                                     Erin G. Trone, Assistant Township Manager

Carolyn Holtzman                                                                 David Holl, Public Safety Director

Peddrick M. Young, Sr.                                                         John Eby, Building & Zoning Coordinator

                                                                                                Leon Crone, Police Captain

                                                                                                Steven P. Miner, Solicitor

                                                                                                Tina Thomas, Recording Secretary                                                                                                                                                             



Vice President Villone called the July 22, 2019 Regular Meeting of the Board of Commissioners to order at 7:00 pm followed by a prayer and the Pledge of Allegiance. He announced that Proof of Publication was available for review. President Black was absent with excuse.


Commissioner SCHIN moved to approve the minutes from the July 8, 2019 Regular meeting of the Board of Commissioners. Commissioner YOUNG seconded the motion. Motion carried 4-0.


There was no response.


Vice President Villone asked that any Commissioner, staff member or anyone in attendance who would like to have an item on the Consent Agenda removed for further discussion request so now.  There was no response. The following items were on the Consent Agenda:

  1. Department reports for the month of June for Community Development, Fleet Maintenance, Township Engineer, Public Works, and Public Safety.
  2. Tax Collector’s June Monthly Report

Commissioner YOUNG moved to approve the Consent Agenda and Commissioner SCHIN seconded the motion. Motion carried 4-0.


Check Register

Commissioner YOUNG moved to approve the Check Register of July 19, 2019 in the amount of $265,979.15. Commissioner HOLTZMAN seconded the motion and the motion carried 4-0.

Resolution 2019-R-30

Commissioner YOUNG moved to approve Resolution 2019-R-30, appointing Mark A. D’Agostino to the position of Highway Superintendent in the Public Works Department effective July 22, 2019. Commissioner SCHIN seconded the motion and motion carried 4-0.


There was no response.


Improvement Security for Highpoint Phase 1.5

Mr. Eby provided information to the Board about the improvement security coming due for the townhouses on Arcona Road. He stated that Mr. Flint will provide a new figure that is ten percent higher for the renewed improvement security. This will be an agenda item for an upcoming Board of Commissioners meeting.


Verizon Wireless 3628 Lisburn Road Land Development Plan

Mr. Eby referred to hand-outs provided regarding this Plan and identified the property on the overhead projector. It is located next to the Liberty Forge Golf Course on the Upper and Lower Allen Township line. Since this is located in a residential zoning district, Verizon Wireless is required to obtain a conditional use agreement. The conditional use agreement was granted in 2015 but a land development plan was not pursued until 2019. This should have taken place within six months of the agreement (per the state building code), but the Ordinance does not specify a time limit for conditional uses. The Board can decide to extend the deadline. Changes were made to the wireless laws by the FCC in the time between the conditional use agreement and a land development plan being submitted. It now requires two parking spaces next to the wireless communication facility instead of one. This is not an issue for the Township because there is plenty of available land. The second requirement is that there be a 155 foot setback from the lot lines provided. This currently is only proposed to be a 47 foot setback. This is 30% of the tower height and is now required to be 100% of the tower height. A Minor Land Development Plan was submitted a few months ago (SLD Docket No. 2019-05), which was based on regulations in 2015 when the conditional use was granted. There was a delay in presenting this to the Board as the applicant had to determine if the proposed pole would be in Lower or Upper Allen Township property.

Commissioner Schin asked about the difference in monopole tower setback. He was told that it must meet rigorous engineering standards and would be more than 150 feet from the golf course start house. Mr. Eby stated that the golf course owners did not attend the public meeting.

Commissioner Young asked if there is a time limit for the Land Development Plan and he was told that there is not.

Vice President Villone asked about the statement which reads “Catastrophic tower failure could not result in any part of the tower landing on LFGC property.” Mr. Eby stated that reviews have been performed to make sure it can withstand natural events like earthquakes and hurricanes. Also a second review was completed with the Building Permit application. In the event of a catastrophe where the tower fell, it would not land on the golf course property.

Mr. James Strong, representing Verizon Wireless, was in attendance to present his request to bring in a Land Development plan. He stated that the site is important for eliminating gaps in cell service in the Lisburn area including the Lower Allen Community Park. Mr. Strong stated that the delay in providing the Land Development Plan was due to waiting for funding. The Land Development Plan will be the same one as provided in 2015 but it is yet to be determined if the 2015 or current ordinance should apply. He is asking the Board for an extension on the 6 month limit for submitting the Land Development Plan which has now been submitted under the ordinance that was in effect in 2015. He stated that it is still permitted in the R-2 district by conditional use and there are no height restrictions. It is also not required to be lighted. Shifting the location of the tower would move it closer to residential homes.  Mr. Strong stated that in a worst case scenario, the tower would bend over on itself by design. The area will be fenced with landscaping with equipment inside the fence. It is an unmanned facility.

In response to a question by Vice President Villone, Mr. Eby stated that action will be required for this Land Development Plan to be reviewed but it is not needed at tonight’s meeting. Mr. Vernau stated that the request for action can be completed tonight but is usually made after the Board has had more time with the item being presented. The Board would like to wait until President Black is present and have it on the agenda. The Board thanked Mr. Strong for coming to the meeting.


Mr. Vernau spoke about regulations that the Public Utility Commission is considering which would require the operators of hazardous liquid pipelines to conduct public awareness meetings. These would be held in a municipal setting to address safety concerns and to answer questions from the public. The Cumberland County Commissioners recently adopted Resolution 21 supporting this concept and asked local municipalities to consider a similar resolution or draft a letter to the Public Utility Commission supporting this regulation. The Commissioners are in favor of creating the resolution similar to the one adopted by the County and it will be on the August 5th agenda.


Mrs. Trone spoke about meetings that were held for the C-1 District property owners. Approximately 5 people attended of the 30 that own property. They were excited to hear about upcoming changes to the C-1 district. Also, a draft report was presented by the consultants for the Pedestrian/Bike Committee at the last Ped/Bike meeting. There was a long discussion of priorities and the plan will go to various boards for their opinions. She hopes it can be presented to the Board of Commissioners for comments at the second meeting in August. She also added that Yappy Hour is being held next Thursday, August 1st, at Lower Allen Community Park.

Director Holl shared that letters were sent out to the Township Business and Industry group regarding the Business and Industry Alliance being formed by the Department of Public Safety. This is scheduled to take place on 9/23/19 from 1:30 pm to 3 pm. The goal is to create an LA Alert group for the business community. The meeting would be held quarterly. On Saturday, August 3rd a public safety exercise is being held at Cedar Cliff High School. This follows the Integrated Response Model and Board members are welcome to attend and observe. So far 50 first responders have signed up. Mr. Holl also stated that August 6th is National Night Out. It will take place in the parking lot at Christian Life Assembly from 6 pm to 8:30 pm.

Mr. Miner mentioned that there is need of an Executive Session immediately following the meeting.  No follow-up action will be necessary.

Commissioner Holtzman spoke about the camper being back on Scarsdale Dr.  Mr. Holl stated that the PSOs will contact the owner. Commissioner Holtzman stated that there is also a trailer on Slate Hill Rd.

Commissioner Schin asked if the Capital Area Transit stop for the Park & Ride at the Bon Ton will be maintained. Mrs. Trone said there are no official agreements in place but she believes there will still be Park & Ride service there. Commissioner Schin asked about the gravity sewer line and Mrs. Trone said the site is currently served by sewer pumps which require a lot of maintenance. The gravity sewer line must be deep enough to work without pumps. She said that they have learned gravity sewer lines should be feasible. Commissioner Schin also asked about the traffic study which was completed by PennDOT. Mrs. Trone explained that PennDOT owns the land by Bonefish Grill which had been a traffic ramp. The Township would like to ask PennDOT to purchase the land for use on the existing site. Commissioner Schin asked Mr. Vernau about the Healthcare Cadillac Tax. Mr. Vernau stated that it was part of the Affordable Care Act and if you had a rich health plan, you may have to pay tax on it. The tax was deferred until 2022 and is now being eliminated. That is positive news for the Township.

Mr. Vernau gave an update on livestreaming and the quote he received from 3rd Element. He signed it and the items are being ordered. An audio video company will be in to do the installation when the parts are received. He also stated that an EMT who is on light duty will be stationed out at the Lower Allen Community Park. This person can speak with people who do not have their dogs leashed and can also go to other parks. Vice President Villone stated that he has heard complaints from people who are afraid to bring their kids to the park due to unleashed dogs.

Mr. Eby stated that the Yellow Breeches stream clean-up was cancelled due to high water. It is uncertain if it will be rescheduled.

Vice President Villone spoke about the upcoming Lisburn Festival. He is working on the logistics. He also attended the C-1 Commercial District meetings and said there were good discussions held. Vice President Villone stated that the Ped/Bike Committee has been a great process. He is afraid that the school district may not be in favor of some of the suggestions. He said that it is a great group of participants who really want to see good connectivity in the Township and are reasonable about the costs.


The Regular Meeting of the Board of Commissioners adjourned to Executive Session at 8:08 pm for an update on acquisition of lands owned by Asbury Atlantic, Inc., by the use of eminent domain for drainage and other transportation purposes would be discussed.