MINUTES

 BOARD OF COMMISSIONERS                                         LOWER ALLEN TOWNSHIP

REGULAR MEETING                                                         AUGUST 26, 2019

 

The following were in ATTENDANCE:

BOARD OF COMMISSIONERS                                     TOWNSHIP PERSONNEL

Edward Black, President                                          Thomas G. Vernau, Jr., Township Manager

Dean W. Villone, Vice President                                           Erin G. Trone, Assistant Township Manager

Richard F. Schin                                                                    Richard Grove, Finance Director

Peddrick M. Young, Sr.                                                         David Holl, Public Safety Director

                                                                                               Dan Flint, Public Works Director

                                                                                               John Eby, Building & Zoning Coordinator

                                                                                               Leon Crone, Police Captain

                                                                                               Tony Deaven, EMS Captain

                                                                                               Steven P. Miner, Solicitor

                                                                                               Tina Thomas, Recording Secretary

 

President Black called the August 26, 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.  Commissioner Holtzman was absent with excuse.

MEETING MINUTES

Commissioner SCHIN made a motion to approve the minutes from the August 12, 2019 meeting of the Board of Commissioners with one correction requested by Vice President Villone. Commissioner YOUNG seconded the motion. Motion carried 4-0.

 

AUDIENCE PARTICIPATION:  Any item on the agenda

Jeff Logan would like to comment on Arcona Phase 2.3 revisions that were discussed in the last meeting. President Black advised him that he could speak at Item Number 7 on the agenda under business pertinent to the Township.

CONSENT AGENDA

President Black 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.

1. Department Reports for the month of July for Community Development, Facility Maintenance (June and July), Fleet Maintenance, Township Engineer, Public Works, and Public Safety. President Black reported that for the second month in a row, there were no cases of Narcan being administered by Public Safety. 
2. Resolution 2019-R-35 reappointing Mr. John Eby as Zoning Officer and appointing Community Development staff as Assistant Zoning Officers.

Commissioner YOUNG made a motion to approve the items on the Consent Agenda and Commissioner SCHIN seconded it.  Motion carried 4-0.

PRESIDENT BLACK

Check Register

Vice President VILLONE made a motion to approve the Check Register of August 16, 2019 in the amount of $313,289.38. Commissioner SCHIN seconded it.  Motion carried 4-0.

 

PSO Kettering Probationary Period 

Commissioner YOUNG moved to approve the release of Public Safety Officer Justin Kettering from his  probationary period effective September 4, 2019 and Vice President VILLONE seconded the motion. Motion carried 4-0.

ANY BUSINESS PERTINENT TO THE TOWNSHIP:

Jeff Logan, 3212 Emerson Way, Arcona spoke about the plan revision for Arcona 2.3. It includes increasing the number of dwelling units from 98 to 107 and doubling the number of units from 9 to 18 in the southwest corner of Strong Road and Woolford Way. Mr. Logan provided his comments in writing to Board members. He and his neighbors feel that replacing single family homes with high density townhomes will decrease the market value of their homes and make it difficult to find parking. He wishes to bring it to the Township’s attention that they strongly oppose any future proposed changes to Arcona Phase 2.3 by Charter Homes. Vice President Villone asked Mr. Logan if he had spoken with Charter Homes. Mr. Logan stated that he wanted to start with the Township. He said that Charter Homes did not come to the homeowners with any of the changes, just to the Township. Mr. Flint stated that approval of plan changes is based on compliance with Township ordinances. If it meets ordinances, there is not a reason to reject the plan. Mr. Logan mentioned that Charter Homes is trying to get a variance to add additional parking spaces. The homeowners would like to be on record as opposing this plan revision. Mr. Miner stated that the Township is not involved in developer marketing, just zoning and ordinances. He recommends talking to Charter as they are building what they see as being in demand.  President Black stated that the Commissioners will tell the developer that they are getting complaints from Arcona residents. Commissioner Schin suggested that Mr. Logan attend a Planning Commission meeting when Charter Homes has something on the agenda.

 

Michele Tarquino, 304 Fieldstone Rd.,  spoke about the variance request for the proposed Sheetz and asked when there is going to be a meeting scheduled with the company and Township residents. Mr. Vernau replied that he is waiting to hear from Sheetz. Ms. Tarquino asked what weight the Comprehensive Plan from 2018 carries regarding zoning and variance requests. Mrs. Trone stated that a citizen committee helped to write it. She said that it is a plan and has potential for change. The variance only applies to a specific property. Since the plan is ten-year plan, it takes time to address all the parts. Mr. Eby stated that a zoning variance applies to a site-specific point in time for a specific deviation from a rule. It does not change the ordinance. He stated that the Zoning Hearing Board is a public hearing but is case-specific. Mr. Miner added that the decisions of the Zoning Hearing Board are based on testimony by the applicant and five variance criteria established by law. Those in attendance can object. He encouraged Ms. Tarquino to attend. Mrs. Tarquino stated that if changes are made to a specific place, the Board is not looking at the whole picture.

 

Donald Hair asked for clarification on Fireworks Act 43. President Black advised that this is scheduled for discussion under the Township Manager and could be brought up at that time.  (Mr. Hair subsequently left the meeting without addressing the Board on this issue.)

 

TOWNSHIP ENGINEER

Contract with Century Engineering

Mr. Flint spoke about the partial reconstruction after a fire at the Fun Fort at Lower Allen Community Park several years ago. He stated that Century Engineering had completed a design two years ago that was used to obtain funding from DCNR which will cover half of the cost of the remaining upgrades. The design needs to be changed to a format that can be used for construction. Century Engineering has proposed a fee of $15,000.00 to cover the completion of the construction documents and documentation required by DCNR. Commissioner SCHIN moved to approve the contract with Century Engineering and Vice President VILLONE seconded it. President Black questioned a clause under Risk Allocation that states that Century Engineering’s liability cannot exceed its fee charged to the Township. He feels that the Township is at risk for being sued if someone were injured while working on the project. He would like that clause taken out of the contract. Commissioner Schin withdrew his motion and Vice President Villone withdrew his second. The Board tabled this item to the next meeting.

 

SLD Docket No. 2019-05:  Verizon Wireless

Mr. Flint spoke about the application from Verizon Wireless for proposed construction of a 150-foot tall telecommunications pole at 3628 Lisburn Road. He mentioned that Andrew Miller, design engineer from Rettew Associates, was in attendance. As discussed in the previous meeting, the Board of Commissioners voted to allow Verizon to follow the same requirements as contained in the conditional use agreement at the time of application. He stated that this plan was approved by the Planning Commission at their last meeting with one modification regarding the design of the driveway. He stated this driveway would only be used by technicians maintaining the monopole. They also noted in their plan that the driveway must be accessible by emergency vehicles.

1. Commissioner SCHIN moved to approve the modification of the requirement in 192-57.B(3)(c)[1] that a driveway from an arterial street not exceed 4% grade in the first 20 feet, and not exceed 7% grade in the next 80 feet; to allow 6% grade, a 50 foot long vertical curve, and 12% grade within the first 100 feet. In response to a question by Vice President Villone, Mr. Flint explained that this allows for a leveling area before pulling onto a street. Commissioner YOUNG seconded the motion and the motion carried 4-0.
2. Commissioner YOUNG moved to approve SLD Docket NO. 2019-05, Land Development Plan for Verizon Wireless, 3628 Lisburn Road, contingent upon provision of the Developers Agreement and Improvement Security as well as obtaining a Highway Occupancy Permit from PennDOT. Vice President VILLONE seconded the motion and the motion carried 4-0.

 

PUBLIC SAFETY

Mr. Holl introduced a proposed revision to the pay scale for EMTs, Advanced EMTs, and Paramedics. A handout was provided listing the problems associated with the current pay scale which does not factor in experience or education. Use of an experience-based pay scale would help to recruit and retain qualified personnel. He stated that if approved, the change would not apply until December of 2019. Full time and part time positions would be considered the same as far as pay rate. The scale would be used to determine pay rate for starting hourly salary. Captain Deaven stated that the pool of available paramedics is small, and this would help us keep ours. Some places offer sign-on bonuses but that doesn’t help with retention because salaries do not increase. Commissioner Young asked if the education that can be considered is limited to the options listed on the handout. Mr. Holl replied that other education would be considered but they would mostly be looking for medical related education.

 

Commissioner SCHIN moved to approve the proposed pay scale revision for EMTs, Advanced EMTs, and Paramedics.  Vice President VILLONE seconded the motion. Motion carried 4-0.

 

COMMUNITY AND ECONOMIC DEVELOPMENT

Appointment of Zoning Hearing Board Alternate Solicitor

Mr. Eby stated that the regular Solicitor for the Zoning Hearing Board is Dennis Shatto. He is requesting the appointment of Ann Rhoads to serve as Alternate Solicitor in Mr. Shatto’s absence.  He stated that Ms. Rhoads is willing to serve as Alternate Solicitor. Vice President VILLONE moved to approve the appointment and Commissioner YOUNG seconded the motion. Motion carried 4-0.

 

MANAGER

Liquor License Transfer Hearing for Outback Steakhouse

Mr. Vernau received a request from the law firm of Flaherty & O’Hara for the transfer of liquor license #R-19823 from the Outback Steakhouse in Hamden Township to the new Outback Steakhouse being constructed at the Capital City Mall. Mr. Vernau stated that a decision must be rendered in 45 days. He and Mr. Miner are requesting that a hearing be held at 6:30 pm on September 23^rd with action being taken at the public meeting following this at 7 pm. Mr. Vernau asked the Board for permission to advertise the hearing for the liquor license transfer. Commissioner SCHIN moved to approve advertisement of the hearing for September 23^rd and Vice President VILLONE seconded the motion. Motion carried 4-0.

 

Fireworks Law Act 43 of 2017

As discussed in the previous meeting, Mr. Vernau spoke about a request for him to write a letter to the elected representatives expressing displeasure with the Fireworks Law regarding consumer fireworks. In speaking with other municipalities, Mr. Vernau stated that they also have similar problems with residents not following the 150-foot requirement. Commissioner Schin would like the letter to suggest that educational material be provided where fireworks are sold regarding the fireworks law specifications, and to suggest a repeal of the law. Mr. Vernau stated that the use of fireworks also falls under the Township noise ordinance.  The Board directed Mr. Vernau to draft a letter to Senator Regan and Rep. Delozier.

 

West Shore Recreation Commission’s 2020 Budget and Per Capita Fee

Vice President VILLONE moved to approve the 2020 budget of the West Shore Recreation Commission, which keeps the current contribution rate for Lower Allen Township at $2.50 per capita. Commissioner YOUNG seconded the motion and the motion carried 4-0. Commissioner Schin thanked West Shore Rec for their efforts.

 

Construction of Gaga Pits at Highland Park and Sheepford Crossing

Mr. Vernau spoke about two requests for gaga pits that came to staff. The Board received a letter from the Recreation and Parks Board expressing support of construction of gaga pits at both Highland Park and Sheepford Crossing playgrounds. David Otteson has requested permission to complete design and construction of a gaga pit at Highland Park as his Eagle Scout project. He will be raising the necessary funds and completing the construction of the gaga pit at no expense to the Township. Mrs. Amy Grube, a resident of Sheepford Crossing, spoke about forming a partnership with the Township to install a gaga pit in her neighborhood. They have a proposed cost of $450 and they have found someone from the neighborhood who is willing to do the labor. Mr. Vernau stated that money could be found in the budget to purchase the materials. Commissioner YOUNG moved to approve the construction of the gaga pits at Highland Park and Sheepford Crossing playgrounds and Vice President VILLONE seconded it. Motion carried 4-0.

COMMISSIONERS REPORTS

Mr. Eby spoke about the Codes Council Chapters that he attends also discussing the fireworks issues. He said he would pass along any ordinance amendments that are successful to staff.

 

Mr. Miner stated that there is need for an Executive Session after the meeting that will require action following it.

 

Mr. Holl spoke about the upcoming Public Safety Ad Hoc meeting to be held Tuesday September 3^rd in the Emergency Operations Center. The public is welcome to attend.

 

Mrs. Trone spoke about the creation of the construction entrance at the Bon Ton site. They will be putting up a fence in preparation for demolition. Abatement is done and all utilities have been shut off. She has received requests for the date of demolition, but it has not been determined by the contractor.

 

AUDIENCE

Mrs. Ruth Timothy, a resident of Rossmoyne Manor, stated that she does not mind the fireworks. She does however have an issue with deer, turkeys, and poisonous snakes that have been coming into her yard due to the destruction of wooded areas for Arcona. She has seen hunters and would like the area to be posted with “No Hunting” signs.

 

RECESS TO EXECUTIVE SESSION

The Regular Meeting of the Board of Commissioners recessed at 8:32 pm to discuss the settlement with PA Auditor General’s office regarding 2018 Liquid Fuels audit finding.

 

RECONVENE

The Regular Meeting of the Board of Commissioners reconvened at 8:46 pm.

 

Commissioner YOUNG moved to authorize the Solicitor to settle the administrative appeal with PennDOT involving the 2018 Liquid Fuels audit. Commissioner SCHIN seconded the motion and the motion carried 4-0.

 

ADJOURNMENT

The Regular Meeting of the Board of Commissioners adjourned at 8:47 pm.