MINUTES

 BOARD OF COMMISSIONERS                                         LOWER ALLEN TOWNSHIP

 REGULAR MEETING                                                           JULY 27, 2020

 

The following were in ATTENDANCE:

 

BOARD OF COMMISSIONERS                                     TOWNSHIP PERSONNEL

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

Edward Black, Vice President                                              Erin G. Trone, Assistant Township Manager

Richard F. Schin                                                                    Richard Grove, Finance Director

Thomas H. Kutz (by phone)                                                  David Holl, Public Safety Director

                                                                                               Dan Flint, Public Works Coordinator

                                                                                               Leon Crone, Police Captain

                                                                                               Tony Deaven, EMS Captain

                                                                                               Steven P. Miner, Solicitor

                                                                                               Tina Thomas, Recording Secretary

 

President Villone called the July 27, 2020 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 Villone added that Commissioner Kutz would be joining the meeting by phone this evening, and Commissioner Holtzman is absent with excuse. He asked Solicitor Miner if Commissioner Kutz would be able to vote via telephone. Mr. Miner said that the Township is still under the Act 15 Emergency Declaration and participating by telephone is permissible. He also noted that a physical quorum is present.

 

MEETING MINUTES

Commissioner SCHIN moved to approve the minutes from the July 13, 2020 Regular Meeting. Vice President BLACK seconded the motion. The motion carried 4-0.

 

AUDIENCE PARTICIPATION:  Any item on the agenda.

Joe Riccadonna and Erik Shock indicated that they would like to speak on Agenda Item 8b, Land Development Plan for McDonald’s.

 

CONSENT AGENDA

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.

• Department Reports for the month of June for Community Development, Fleet Maintenance (May and June), Township Engineer, Facility Maintenance, Public Works, and Public Safety.
• Tax Collector’s June Monthly Report.

Vice President BLACK moved to approve the Consent Agenda and Commissioner SCHIN seconded the Motion. Motion carried 4-0.

 

PRESIDENT VILLONE

Check Register

Commissioner SCHIN moved to approve the check register of July 17, 2020 in the amount of $593,225.07. Vice President BLACK seconded the motion and the motion carried 4-0.

Release from Probation

Commissioner SCHIN moved to approve the release of Glenn MaGatz from probationary status effective

July 27, 2020. Vice President BLACK seconded the motion and the motion carried 4-0.

 

ANY BUSINESS PERTINENT TO THE TOWNSHIP: 

Jared Moore, 450 Moore’s Mountain Road, Fairview Township, wished to speak about the recent issues going on in the Yellow Breeches Creek. He said that he lives across the creek from the Lisburn Fire Company, but he was speaking on behalf of his Lower Allen Township neighbors. Mr. Moore said that people have been hanging rope swings from tree branches over the creek behind the fire house. This has resulted in broken legs and a near drowning. They have to cross posted private property to reach this spot. The Fire Company owns most of the land along the creek except the part bordering McLaughlin Park. Parking is also a problem as the Lower Allen side has a narrow grass shoulder and the Fairview side has parking for 6-8 cars. People are parking on the bridge and getting out of their vehicles onto Rt. 114 which is a very busy road and he is concerned for their safety. Mr. Moore would like to see permanent No Parking signs put up along 114 and Brenda Avenue. People who live there are tired of seeing vandalism, trash left behind, U-turns on private property, and posted signs being torn down. He has spoken with Fairview Township, who put up cones, and he is asking for guidance from Lower Allen Township. Mr. Moore stressed that this area is not a park and there are no trash receptacles or restrooms present.

 

President Villone asked where Public Safety stands on this issue. Captain Crone said that the police are issuing parking tickets and trespassing citations. He said that as soon as they get one group cleared out of there, another comes and takes the spot. They cannot keep an officer there all the time. Director Holl said that they are looking into options. The Fire Company cannot cut the trees down but they could remove the limbs that are being used for hanging ropes from. Mr. Flint said that parking is just one part of the problem. He did not feel that putting up No Parking signs would stop the problem. President Villone and the Commissioners thanked Mr. Moore for coming to talk to them.

 

TOWNSHIP ENGINEER

Invoice No. 4 to JVI Group, Inc.

Commissioner SCHIN moved to approve payment of Invoice No. 4 to JVI Group, Inc. in the amount of $203,885.83 for the Gettysburg Road Relocation Project. Vice President BLACK seconded the motion and the motion carried 4-0.

 

SLD Docket No.2020-10:  Land Development Plan for McDonald’s Remodel

Mr. Flint provided orientation using the overhead screen for this proposed 297 square foot building addition at 1014 Wesley Drive. He said that there will be a small addition to the south end of the restaurant but no change in impervious coverage. There is a double lane drive through proposed instead of the existing single lane drive through. The site does not have enough parking spaces but they have been granted relief from the Zoning Hearing Board for this since most of their business is conducted by way of the drive through. Mr. Flint noted that the Planning Commission discussed the requested waiver from installing sidewalk along street frontage. Woodland Street has a sidewalk but Wesley Drive does not and there is a swale running along the Wesley Drive side. He said this would make it difficult to put a sidewalk there and require a Highway Occupancy Permit from PennDOT. Mr. Flint said that the Planning Commission did grant the waiver on the condition that the Township can come back and require the company to install a sidewalk in the future if deemed necessary. Commissioner Schin asked if this McDonald’s is connected to the one on Cedar Cliff Drive. He was told that the McDonald’s on Wesley Drive is part of a franchise and the one on Cedar Cliff is privately owned. Commissioner Kutz spoke about attending the Planning Commission meeting and that they recommended approval of the plan.

 

Vice President BLACK moved to approve the waiver of the requirement contained in Section 192-57.C(9) to provide sidewalks along all street frontage, until such time as the installation of same has been deemed necessary by the Township for the health, safety, or welfare of the general public. These improvements shall be made at the owner’s expense. This is a covenant running with the land, which shall bind the owners, their successors, heirs, and assigns. Commissioner SCHIN seconded the motion and the motion carried 4-0.

 

Vice President BLACK moved to approve SLD Docket No. 2020-10:  Land Development Plan for McDonald’s remodel at 1014 Wesley Drive. Commissioner SCHIN seconded the motion and the motion carried 4-0.

 

President Villone noted there will be an executive session following tonight’s meeting.

 

COMMISSIONER REPORTS

Mrs. Trone spoke about applying for two grants for pedestrian safety improvements at Wesley Drive and Royal Drive, and at 18^th Street and Hummel Avenue. She said that both of these projects were listed as high priority items by the Pedestrian and Bike Committee. She said last month they applied for funding from the Land Partnership for these same projects. Obtaining both would provide the necessary funding for these improvements. President Villone asked if the Ped/Bike Committee gets updates on the projects that have come out of the study. Mrs. Trone said she could update them on the progress.

 

Mr. Holl spoke about upcoming Police Consortium testing for Cumberland County taking place at Cedar Cliff High School this Saturday and Sunday. There was a change in venue due to COVID restrictions. He said that physical agility testing will take place on the track and the written test in the cafeteria for groups of 25 people maximum. Mr. Holl said that the run starts at 8 am and the Board is welcome to attend. He noted that 139 applicants are anticipated. Following success with this, oral interviews will follow at Lower Allen Township in a few weeks.

 

Mr. Miner said that there will be an executive session regarding Capital Area Plaza Associates vs. the Lower Allen Township Zoning Board. He noted that action will be needed following the session.

 

Mr. Flint spoke about street paving nearing completion in part of Cedar Cliff Manor, Fair Oaks neighborhood, and some of Gettysburg Road have been paved.

 

Vice President Black asked Director Holl about the new ambulance. He said that it is in service and he will arrange for a tour before the next Board meeting or the one after. Mr. Black also noted that yard signs are being produced that read “We Support Lower Allen Police”. He said to contact him or Signs by Tomorrow if interested in obtaining them.

 

Commissioner Schin spoke about attending the COG meeting recently. One item discussed was confusion regarding what type of prisoner can be taken to the booking center. Mr. Holl agreed that there has been confusion. Captain Crone spoke about some issues that Lower Allen officers have faced. He said that the prison set conditions for what justifies bringing in a prisoner and they were turned away even though they met the conditions on two separate occasions. He said that they have clarified some things and worked out the issues with the prison. Space is limited due to quarantine and more serious crimes take priority. Commissioner Schin said that fireworks issues were brought up by another member of COG. He said that Senator Regan understands the problem. Commissioner Schin also asked if we are part of the Safer Grant and Director Holl said that we have already applied for it for Lisburn and are working on Lower Allen’s submission. Commissioner Schin noted that Council member John Kunzelman is having physical difficulties and it was requested to keep him in thoughts and prayers. He spoke about a trucking company along Hartzdale Drive who has a fence in disrepair. He asked if anything could be done to get them to fix it. He also said he was asked to mention the problem of unleashed dogs at the Community Park. Captain Crone said that officers do walk through the park and they address any issues like this when they see them.

 

Commissioner Kutz will post his comments on a video on his Facebook page. He will provide an update on the small businesses he has visited recently.

 

President Villone said he is grateful for the municipality’s response in every capacity during the pandemic. He feels that everyone has done a good job communicating even when unable to meet in person. He is grateful for Public Safety and First Responders.

 

RECESS TO EXECUTIVE SESSION

The Regular Meeting of the Board of Commissioners recessed at 7:51 pm to discuss the following:

1. Personnel Issues – Employee Recognition
2. Personnel – Police Issue
3. Legal – Appeal of ZHB decision on signs

 

RECONVENE

The Regular Meeting of the Board of Commissioners reconvened at 8:45 pm.

 

Commissioner SCHIN moved for the Board of Commissioners of Lower Allen Township to direct Township Solicitor to intervene in the matter of Capital Area Plaza Associates vs. Lower Allen Township Zoning Hearing Board. Vice President BLACK seconded the motion. Motion carried 4-0.

 

ADJOURNMENT

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