Board of Commissioners
9-9-19 Minutes
MINUTES
BOARD OF COMMISSIONERS LOWER ALLEN TOWNSHIP
REGULAR MEETING September 9, 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 David Holl, Public Safety Director
Carolyn Holtzman Dan Flint, Public Works Director
John Eby, Building & Zoning Coordinator
Leon Crone, Police Captain
Steven P. Miner, Solicitor
Tina Thomas, Recording Secretary
President Black called the September 9, 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 Young is absent with excuse. President Black expressed his condolences to Mr. Miner on the passing of his mother.
MEETING MINUTES
Commissioner SCHIN made a motion to approve the minutes of the August 26, 2019 meeting of the Board of Commissioners. Vice President VILLONE seconded the motion. Motion carried 4-0.
AUDIENCE PARTICIPATION: There was none.
PRESENTATION: Proposed Disc Golf Course at LACP
Mr. Josh LeValley and Mr. Ben Hammen presented an idea about creating a disc golf course at Lower Allen Community Park. They provided a hand-out to the Board of their PowerPoint presentation as well as a cost estimate. Mr. LeValley explained how disc golf is played and the equipment needed, and he stated that the baskets hold up for a long time and require low maintenance. Mr. LeValley and Mr. Hammen feel it is a family friendly activity and would like to start a club in the area. Mr. LeValley said the tee pads can be made of concrete or turf and they can be mowed over since they will be at grass level. Each hole would need a metal signpost marking it.
Vice President Villone expressed concern that it is difficult for kids to play due to length of the holes. Mr. LeValley said that some courses have different tee lengths for recreational and youth which are shorter distances to the basket. He is in favor of a course that can be used by everyone.
President Black asked Mr. LeValley and Mr. Hammen what they are requesting from the Township. They are looking for the amount of money they would need to raise and what the Township could contribute.
Mr. Vernau stated that the request would need to go in the 2020 budget because there is no money for the project this year. He mentioned that the first budget meeting is on September 30th.
Vice President Villone asked how the Recreation and Parks Board liked the idea. Mr. Vernau said that they had a couple of concerns about hole placement and were not in favor of the tee pads being concrete. Otherwise they were in favor.
President Black asked about the installation of the equipment after it is purchased. Mr. LeValley and Mr. Hammen would be willing to do the labor and could probably find help. They would want to try playing the course with the baskets installed before tee pads are put it because it is not difficult to move the baskets to a different spot. President Black would like to see a committee formed with a couple members of the Recreation and Parks Board along with Mr. LeValley and Mr. Hammen to go over course design. The Township will try to cover the cost of the equipment in the 2020 budget and hopefully be ready to go with installation in early 2020. Mr. LeValley will work on getting costs for the turf tee pads.
Commissioner Holtzman asked what the posts area made of. Mr. LeValley said they are galvanized metal that won’t rust, and they can mulch around posts and signs.
The Commissioners thanked Mr. LeValley and Mr. Hammen for coming to the meeting and making their presentation to the Board.
PRESIDENT BLACK
Check Register of August 30, 2019
Commissioner SCHIN moved to approve the Check Register of August 30, 2019 in the amount of $135,991.40. Vice President VILLONE seconded the motion and the motion carried 4-0.
Manual Check Register for May 2019
Commissioner SCHIN moved to approve the Manual Check Register from May for one check for Black Landscape in the amount of $379.82. Vice President VILLONE seconded the motion and the motion carried 3-0 with President Black abstaining due to the recipient being a relative.
Voided Check Registers
Commissioner SCHIN moved to approve the Voided Check Register of May for Keystone Automotive for $352.10 and the Voided Check Register of July for Ben Peters and Jeff Brewbaker in the amount of $188.97 each. Vice President VILLONE seconded the motion and the motion carried 4-0.
Manual Check Register for July 2019
President Black stated that on July 29th a check was sent by overnight mail to PPL as required for them to move the electric poles in the way of the roundabout project. Vice President VILLONE moved to approve the Manual Check Register of July for PPL Electric Utilities in the amount of $103,303.00. Commissioner SCHIN seconded the motion and the motion carried 4-0.
ANY BUSINESS PERTINENT TO THE TOWNSHIP:
There was no response.
TOWNSHIP ENGINEER
Contract with Century Engineering
Mr. Flint returned with the contract from Century Engineering. They included a copy of their Certificate of Liability Insurance, but they did not change the clause in question from the previous meeting limiting their liability to $15,000.00. President Black asked if Century understands that they are responsible for the full amount of their liability. Mr. Miner stated that they are still limiting their liability to the Township to the amount of their fee if the clause is still there. He stated that the Township has insurance. One alternative is to cross out that clause and send it back and the company can agree or not agree. Commissioner SCHIN moved to approve the Agreement with the limit of liability struck, and Vice-President VILLONE seconded. Mr. Flint stated that if the company rejects the agreement, the Township will have to start over with a new design and probably lose the grant that was obtained for the Fun Fort project. He also said that the wording in the contract is fairly standard for design companies. Century is just doing the design not the construction, however, the construction documents need to be created for the work to be done. Mr. Miner stated that it’s too far along for this project to start over without taking a large financial loss, but this could be something to watch out for in future contracts.
Commissioner SCHIN withdrew his motion and Vice-President VILLONE withdrew his second. President Black stated that he wants to be sure there are no limits of liability in future contracts. Vice President Villone asked if anyone has spoken with Century Engineering. Mr. Vernau said that the Township has talked to them and that’s why they sent the Certificate of Insurance, but he will ask them to strike the clause limiting their liability.
Commissioner SCHIN then moved to authorize Mr. Vernau to try to negotiate striking the clause in the contract limiting liability; if Century is not willing, the Township will approve the contract but hold onto the Certificate of Insurance. Vice President VILLONE seconded the motion and the motion carried 4-0.
SLD Docket No. 2019-10: Land Development Plan for 1120 St. Johns Road, Interstate Towing
Mr. Flint spoke about the Land Development Plan for Interstate Towing. He pointed out on the overhead where the proposed work is to take place. Part of the existing building will be removed, and a 5,600 square foot one-story maintenance/storage building will be constructed. They have already received a variance for setback from the zoning hearing board. Mr. Eric Diffenbaugh, engineer for the plan, was also present. He stated that the plan has been revised per Township and County comments. He stated that they are asking for waivers for curbs and sidewalks.
Mr. Flint stated that the applicant has requested a waiver of the requirement contained in Section 192-57.C(9) to provide sidewalks along the street frontage for SLD Docket No. 2019-10, until such time as deemed necessary by the Township. He stated this was recommended for approval by the Zoning Hearing Board. Vice President VILLONE moved to approve the waiver and Commissioner SCHIN seconded it. Motion carried 4-0.
A second waiver was requested by the applicant from the requirement contained in Sections 192-57.B(2)(h)[2] and 192-57.C(8) to provide curbs along street frontage for SLD Docket No. 2019-10 until such time as deemed necessary by the Township. Vice President Villone asked why they would not want to put in curbs. Mr. Flint replied that the approaching street is narrow and currently does not have curbs. They would also possibly interfere with drainage. Commissioner SCHIN moved to approve the waiver and Vice President VILLONE seconded the motion. Motion carried 4-0.
Commissioner SCHIN moved to approve SLD Docket No. 2019-10, Land Development Plan for 1120 St. Johns Road, and Vice President VILLONE seconded the motion. Motion carried 4-0.
Gettysburg Road Realignment Project
President Black asked if there were any questions regarding this project. There were none. Commissioner SCHIN moved to authorize staff to advertise for bids for the Gettysburg Road Realignment project and Vice President VILLONE seconded the motion. Motion carried 4-0.
Payment No. 1 to SSM Industries, Inc.
Mr. Flint stated that SSM Industries is the plumbing contractor for the Public Works Building addition. The amount of the first payment is $52,920.90. President Black asked Mr. Flint if he has verified that the materials to be used are on site which entitles the plumbing company to partial payment. He stated that the architect is verifying that. Commissioner SCHIN moved to approve the first payment to SSM Industries, Inc. and Vice President VILLONE seconded the motion. Motion carried 4-0.
FINANCE
Resolution 2019-R-36: Investment Policy Statement for the Defined Contribution Plan
Mr. Vernau spoke about the Board approving the Defined Contribution Plan for new hires last October. This differs from the Defined Benefit Plan in that the employees are responsible for their plan assets. This Policy allows employees to choose their investments from choices offered by the Township. He stated that the Pension Committee voted in favor of the Policy Statement. Mr. Bonneville is present in the audience and is a member of the Pension Committee. Commissioner Young is also on the Committee but is absent tonight. Commissioner SCHIN moved to adopt Resolution 2019-R-36 the Defined Contribution Plan Investment Policy Statement, and Vice President VILLONE seconded the motion. Motion carried 4-0.
Resolution 2019-R-37: Minimum Municipal Pension Obligation
Mr. Vernau stated that each year the minimum municipal pension contribution for both the Police and Non-Uniform pension plans and the Township’s share of the Defined Contribution Plan must be communicated to the Board and adopted, as well as the annual pension budget. He stated that the Normal Cost total is $628,933 and Amortized cost is $13,383. The plan is 92% funded. Amortized cost is the difference between the current asset value and the accrued liability divided by 10. This year a total of $101,655 will be subsidized by the General Fund. The budget expense for police is $246,592 and for non-uniform, $286,026. Commissioner SCHIN moved to adopt Resolution 2019-R-37 Minimum Municipal Pension Obligation, and Vice President VILLONE seconded the motion. Motion carried 4-0.
COMMUNITY AND ECONOMIC DEVELOPMENT
Zoning Hearing Board Report
Mr. Eby spoke about the results of the August 15, 2019 meeting of the Zoning Hearing Board.
- Docket 2019-09 – Sheetz: A request made by Sheetz to postpone a public hearing regarding two variance applications submitted on behalf of Sheetz was granted. This will give the company time to meet with the public regarding the proposed project at 1500 and 1510 Cedar Cliff Drive.
- Docket 2019-08 – Six foot privacy fence: The request for variances from Sections 220-215B(2) and 220-150A to install a six foot privacy fence and a storage shed at 10 Argali Lane did not meet requirements of the five variance criteria and the request was denied.
Mr. Eby stated that the Zoning Hearing Board will meet on September 19, 2019 at 7:00 pm to consider the following:
- Docket 2019-09 – Sheetz, Inc. at 1500 and 1510 Cedar Cliff Drive. Variances from Sections 220-6 and 220-49.B are being requested by the applicant to exceed maximum area limitations and from Section 220-49.C to exceed eight vehicle fueling positions. They are requesting to develop a 6,000+ square foot property with 12 fueling positions, or 6 pumps. Solicitor participation is not requested.
- Docket 2019–10 – Central PA Equities 31, LLC: This applicant was requesting a reduction in the number of off-street parking spaces but now is only requesting a variance from Section 220-201.B.1(b) to have the height of the dumpster enclosure at 9.5 feet as opposed to the limit of 8 feet. This property is located at 3535 Gettysburg Road. Solicitor participation is not requested.
Vacant Property Registry Ordinance
Mrs. Trone spoke about an ordinance that Community and Economic Development staff would like to create for keeping track of abandoned properties. The registry would require the mortgagee and servicer to provide information such as a contact name, phone number, email address, and registration fee. She stated that property maintenance issues are most prevalent and difficult to resolve on abandoned properties or properties in transition from default or foreclosure. The Township can use a subscription service for a fee. Mr. Eby is a member of the Cumberland County Blighted Properties Board. He will recommend that the County look into subscribing to a County-wide registry. Commissioner SCHIN moved to allow the Community and Economic Development staff to draft the Abandoned Properties Ordinance. Vice President VILLONE seconded the motion. Motion carried 4-0.
MANAGER
Cell Tower at Beacon Hill Radar Site
Mr. Vernau presented a request from Baker Acquisitions LLC, representing Shentel (Sprint) to construct an 80-foot cell tower monopole on Township-owned property at the Beacon Hill Radar Park. Since the park is located in a Single-Family Residential zoning district, a conditional use permit will also be required as well as a public hearing. Mr. Eby pointed out that it would require an 80-foot setback. Mr. Vernau said that the proposed location would not interfere with trails or the possible future pavilion. He stated that the company maintains their own tower and equipment and can use the existing driveway. He mentioned that the Recreation and Parks Board was in favor of the tower as long as it is sited responsibly and constructed with stealth technology. If the Board is interested, Baker Acquisitions will provide an application and Mr. Vernau will negotiate a fair price for rent. He stated that it is revenue for recreation purposes and will provide better cell service for Sprint users. The Board is in favor of having Mr. Vernau let Baker Acquisitions know that the Township is interested in pursuing this further.
Alternate use of Windsor Park recreation area money
Mr. Vernau spoke about some potential alternate uses for the $25,000 that is in the 2019 budget in the Parks Escrow Fund. It was designated for development of the Windsor Park recreation area, which is delayed pending the results of a resident survey. Some ideas for the money that were presented to the Recreation and Parks Board include an outdoor amphitheater in Cedar Spring Run Park, play equipment for older children in Cedar Spring Run Park, or matching funds for the Fun Fort rebuild at Lower Allen Community Park. Another option would be to keep the money in the Parks Escrow Fund. Commissioner Schin felt that the traffic noise near Cedar Spring Run Park would make it difficult to hear in an amphitheater. He and President Black were in favor of play equipment for older children at the park. Vice President Villone suggested a joint meeting be held with members of the Recreation and Parks members and the Commissioners. Mr. Vernau spoke about starting an Ad Hoc Committee next year to create a new recreation master plan next year. In the end, the Board decided to keep the $25,000 in the Parks Escrow Fund.
Employee Recognitions for years of service
Mr. Vernau stated that two employees will be recognized at the next meeting for years of service. Patrolman Kevin Cramer is receiving an award for five years of service and Police Records Clerk Laurie Nissel is receiving an award for ten years of service.
COMMISSIONERS REPORTS
Mrs. Trone stated that the fencing is up at the Bon Ton site and she has received the PA One Call for upcoming demolition. She expects it to take place in the next 2 to 3 weeks. First the inside of the building will be gutted. Most of the area media outlets have requested to be informed when demolition is to start.
Mr. Holl spoke about Monday September 23rd being the Public Safety Business Industry Alliance meeting from 1:30 to 3:00 pm in Gorgas Hall. He stated that this organization was started to provide an outreach to local businesses regarding crime prevention or other items of interest to them. There is a task force in the area with a business alliance if they are interested in joining. He hopes that it can meet quarterly. So far mostly banks and financial institutions have expressed interest. Mr. Holl also stated that the replacement ambulance is finished and is coming Thursday or Friday. He can have it and other new vehicles available to see at 6:00 pm prior to the public hearing and BOC meeting. The Forensics vehicle is also here now and that could also be made available if the Board is interested in seeing it.
Commissioner Holtzman asked if there was any follow-up on blacktop that was poured on the road. Mr. Flint stated there was an incident on Cherokee that the blacktop did not go down into the storm drain and it dried up on the street.
Commissioner Schin thanked Mr. Flint for the improvements that were made on Hartzdale Drive. He complimented Mr. Vernau on the letter he went to the representatives regarding fireworks. Mr. Vernau said he has not received any replies yet.
Vice President Villone mentioned the upcoming budget season and said he has been speaking with residents and continuing to look for ways to communicate with the public. He stated that the signs that are now up at Arcona are very well designed and thorough. He asked Mr. Logan who was in the audience how the traffic has been lately in Arcona. Logan stated that in the section south of Arcona, trucks still get stuck and knock over signs. The regular car traffic is doing okay.
Mr. Vernau wanted to remind everyone of the Sheetz Open House coming up from 7-9 pm on September 11th at Cedar Cliff High School. Residents are invited to come with questions. He also spoke about a meeting with Charter Homes that is scheduled for September 12th at 1:30 pm at THEA Restaurant. There is also a meeting at Lower Allen Township at 7:00 pm being held by Representative Delozier regarding House Bill 1400. HB 1400 would restrict municipalities’ rights over their rights-of-way in favor of wireless communication facilities. Our cellular law attorney, Dan Cohen, will be in attendance.
ADJOURNMENT
The Regular Meeting of the Board of Commissioners adjourned at 9:15 pm.