Board of Commissioners
8-10-2020 Meeting Minutes
MINUTES
BOARD OF COMMISSIONERS LOWER ALLEN TOWNSHIP
REGULAR MEETING AUGUST 10, 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
Carolyn Holtzman David Holl, Public Safety Director
Thomas H. Kutz Dan Flint, Public Works Coordinator
John Eby, Building and Zoning Coordinator
Leon Crone, Police Captain
Steven P. Miner, Solicitor
Tina Thomas, Recording Secretary
President Villone called the August 10, 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 also welcomed Commissioner Holtzman back after her absence.
MEETING MINUTES
Commissioner SCHIN moved to approve the minutes from the July 27, 2020 Regular Meeting. Vice President BLACK seconded the motion. The motion carried 5-0.
PRESENTATION
Director Holl spoke about the three levels of Emergency Management Certification in PEMA: Basic, Advanced, and Professional. He said each level involves passing a number of classes. Mr. Holl said that Corporal Ed Curtis was receiving his plaque for Basic EMA certification after he returns from vacation. Mr. Justin Strawser, a Lower Allen Township Emergency Planner, has obtained his advanced EMA Certification and he was present to receive his award. He has obtained the second phase of PEMA’s career development program.
AUDIENCE PARTICIPATION: Any item on the agenda.
Mr. Don Paul Shearer introduced himself as the President of the West Shore Historical Society. He thanked the Township for their support and said that they are now located in the Lower Allen Township Shopping Center. Mr. Shearer said that the Historical Society is also in favor of saving the Sheepford Road Bridge.
Janice Lynx indicated that she would like to comment on Agenda Item 10a: Sheepford Road Bridge maintenance.
PRESIDENT VILLONE
Check Register
Commissioner SCHIN moved to approve the check register of July 31, 2020 in the amount of $637,295.87. Commissioner HOLTZMAN seconded the motion and the motion carried 5-0.
Commissioner SCHIN moved to approve the manual check register of July 31, 2020 in the amount of $889.09. Commissioner KUTZ seconded the motion and the motion carried 4-0 with Vice President Black abstaining.
Release from Probation
Commissioner KUTZ moved to approve the release of Richard Dillon from probationary status effective July 27, 2020. Commissioner HOLTZMAN seconded the motion and the motion carried 5-0.
ANY BUSINESS PERTINENT TO THE TOWNSHIP:
There was none.
TOWNSHIP ENGINEER
Invoice No. 5 to JVI Group, Inc.
Commissioner KUTZ moved to approve payment of Invoice No. 4 to JVI Group, Inc. in the amount of $184,482.98 for the Gettysburg Road Relocation Project. Commissioner HOLTZMAN seconded the motion and the motion carried 5-0.
Invoice No. 1 to TRC Engineers, Inc.
Mr. Flint explained that the Gettysburg Road Project requires fulltime inspectors to be there whenever construction is taking place. TRC Engineers are the consultants on the job. Commissioner SCHIN moved to approve payment of Invoice No. 1 to TRC Engineers, Inc. in the amount of $12,730.34 for construction inspection services on the Gettysburg Road Relocation Project. Vice President BLACK seconded the motion. President Villone asked if the inspection costs are included in the initial bid. Mr. Flint said that they are not since they are not done by the contractor. PennDOT selects which firm is used as well as the hourly rate of pay. Mr. Flint said that the fee is a reimbursable expense.
Arcona Street Banner Indemnity Agreements
Mr. Flint said that Charter Homes has requested permission to hang banners over two of the roads in Arcona. He said that Arcona Road is a state road and PennDOT requires an agreement from the Township and a resolution from the Board authorizing the agreement. They must issue a Highway Occupancy Permit. The other road, Strong Road is owned by the Township and just requires an indemnity agreement between the Township and Charter Homes. Mr. Flint introduced Mr. Anthony Faranda-Diedrich from Charter Homes to speak about the banners. He said one would be located at the exit of the roundabout going south on Arcona Road. The second one would be near the entrance to the apartments on Strong Road. Mr. Faranda-Diedrich said that the poles would be outside of the right-of-way. He said that the banners would be used to advertise various community-oriented events for Arcona homeowners. He noted that the proposed banners are 2 feet high and 24 feet long in order to span the road. Steel posts with joists will support the banners and will be maintained by the Homeowners Association. President Villone asked if the agreement covers all future banners and Mr. Flint said that they are considered a sign and a construction permit would be required. In response to Commissioner Schin’s question about the banners meeting sign requirements, Mr. Eby replied that, as described, they are within Lower Allen Township size requirements. It was noted that the poles will be permanent fixtures, but the banners will go up and down around the events. Commissioner Kutz asked if the banners would be high enough off of the street to not conflict with sight distance and Mr. Faranda-Diedrich said the poles will be 30 – 32 feet high. Commissioner Schin said that he would like to revisit the banners decision at a future date to evaluate how it is going. Solicitor Miner reviewed the agreements but would like them to include Township approval for the insurance amounts. He said that everything else appeared to be in order. Mr. Eby noted that if the HOP’s are approved by PennDOT and the Township, Charter Homes would still need to go through the permit process for structure review and zoning review. Mr. Eby said that the zoning rules allow the banners to be put up 20 days before an event and removed 2 days after. One permit would cover all of the banners and would cite the conditions in the agreement. Commissioner Kutz asked if the residents were aware the banners were coming and Mr. Faranda-Diedrich said not that he knows of. President Villone expressed concerns about future banners as they are maintained by the Homeowners Association which will be changing members. Mr. Faranda-Diedrich said that Charter Homes does not have any issue with meeting the conditions that were discussed tonight.
Vice President BLACK moved to approve the Arcona street banner agreements contingent upon the wording being corrected by the Solicitor. Commissioner KUTZ seconded the motion and the motion carried 5-0.
SLD Docket 2020-01: Revised Overall Master Plan (OMP) for Arcona
Mr. Flint spoke about the required OMP for Arcona. He reminded the Board that in the Traditional Neighborhood Development ordinance, the developer must update the Overall Master Plan when a new development plan for a new phase is presented. The revised Master Plan was reviewed and approved by the Planning Commission with the request being made to preserve the existing homestead. Phase 8.1 is on the northwest side of the railroad adjacent to the existing farmhouse. Commissioner Holtzman asked if streets are being widened in the new phases and Mr. Flint said that they are and have been approved by the Fire Company as being wide enough for their trucks. Mr. Flint said that the Parks and Recreation Board reviewed the plans to determine how the recreation requirements would be addressed. He noted that their comments of what they would like to see were included in the Commissioners’ packets. President Villone asked what the plan is now for preserving the farmhouse and barn. Mr. Faranda-Diedrich said that Charter Homes plans to keep it as it is today and perhaps use it as a civic component of Arcona. He also said that the Lesher family still owns the property and lives there. Vice President Black asked if the barn will still have its pasture and he was told that it would. Mr. Faranda-Diedrich said that there are approximately 15 – 16 acres north of Rossmoyne between the railroad and the turnpike. Charter plans to maintain 5 acres as open space but plans to develop the rest in the future.
SLD Docket 2020-05: Arcona Phase 8.1
Mr. Flint said that Arcona Phase 8.1 includes plans for 130 residential units consisting of 35 single family detached homes and 90 attached homes. He said that part of the proposal is the pedestrian connection over the railroad crossing adjacent to the road crossing. The application for this has already been sent to Norfolk Southern who must approve it. Mr. Flint said that the Phase 8.1 plan was reviewed twice by the Planning Commission and they recommended approval contingent upon some comments. Tonight is just the presentation of the plan to the Board. He is looking for any additional comments before addressing all of the comments. Commissioner Kutz said that he had attended the Planning Commission meeting and that concerns about the street width were brought up and discussed.
COMMUNITY AND ECONOMIC DEVELOPMENT
Zoning Hearing Board Report
Docket #2020-01
Mr. Eby spoke about the public hearing which was held on July 16th for Docket #2020-01 and #2020-05. Docket #2020-01 was the application of Global Video, Inc. and David Betesh, who appealed the Zoning Officer’s decision to deny a sign permit for Excitement Smokin & Excitement Adult Superstore located at 3401 Hartzdale Drive. The applicant then requested a variance to exceed sign area limitations. Mr. Eby noted that at the hearing, the applicant withdrew the alternative variance request. The decision of the Zoning Officer was upheld by the Zoning Hearing Board with participation by the Solicitor.
Docket #2020-05
Mr. Eby said this docket was from McDonalds Corporation requesting a special exception for Section 220-241 of the Building Code, to reduce the number of off-street parking spaces that would be required with a building addition to the restaurant at 1014 Wesley Drive. He said that McDonalds was able to demonstrate adequate parking and the request was approved.
Vice President Black asked Mr. Eby if the signs referred to in Docket 2020-01 would be taken down. Mr. Eby replied that the shopping center owner has appealed to Cumberland County Court of Common Pleas. Mr. Miner will be answering questions raised by the Court on behalf of the Zoning Board.
Third Party Agency UCC professional services
Mr. Eby spoke about a change in the Community Development Department as employee David Yount, who has done all of the commercial property plans examinations and inspections, is leaving. He said the decision was made to outsource this service for the remainder of 2020. Mr. Eby said that the company used by the Township in the past is phasing out and therefore new firms were sought out. Approved Code Services, Inc. appears to be the best fit for customer service and professionalism. Mr. Neil Gladfelter and Mr. Irv Spoonhour were present and introduced themselves to the Board. Commissioner Schin asked if our needs would put a strain on their business and Mr. Gladfelter said that they have 8 local code officials with another one starting in September. President Villone asked about the effect of this change on the budget. Mr. Grove said that it depends on the services, but he does not anticipate a significant change. Vice President Black asked if there is anything Approved Code Services does not cover, and Mr. Gladfelter said they can do any plan review and have all of the necessary certifications.
Commissioner SCHIN moved to approve contracting with Approved Code Services, Inc., and Commissioner KUTZ seconded the motion. Motion carried 5-0.
MANAGER
Sheepford Road Bridge Maintenance
Mr. Vernau spoke about the state of the Sheepford Road Bridge and the County’s options. He referred to the Closure and Removal Study produced by York and Cumberland Counties, as well as a letter from the Friends of Sheepford Bridge. Mr. Vernau said that the County wants to know if the Township is interested in taking over if the funds can be found to renovate it to a pedestrian use level. Mr. Vernau said that the yearly maintenance costs are not too bad to keep it at a level for pedestrian use except for years it has to be painted. He provided a memo with information obtained from the County engineers. The counties would maintain it if it were rehabilitated to carry traffic. He said that his understanding is that the Friends of Sheepford Bridge want it to be rehabilitated for traffic use. Fairview Township does not wish to maintain it but will help to seek funds to rehabilitate it. Vice President Black said that bridges are a County responsibility and the Township should not set a precedent. He feels that the discussion should be held by York and Cumberland County Commissioners. Mr. Vernau said this will be before the County Commissioners later in the month, but they are looking for Township input. President Villone suggested drafting another letter and Commissioner Kutz agreed and said that the residents have indicated their desire to rehabilitate the bridge for vehicular traffic. He feels that the Counties should come up with the $1.3 million necessary to rehabilitate it. A pedestrian bridge would not help public safety to get across it or residents in vehicles. He said that business owners also have a vested interest in the bridge being open to vehicles. Commissioner Schin said that he would like the Board to encourage Cumberland County to resume talks with York County.
Public Comment
Janice Lynx, 2036 Sheepford Road, thanked the Township for their support. She is waiting to hear from Cumberland County regarding a second meeting before sharing options, as well as waiting to hear about safety issues raised by the County Commissioners. The Friends of Sheepford Bridge group is also waiting for the County to address their questions about police response times and flooding issues. President Villone thanked Ms. Lynx and the rest of the group support the bridge for their hard work and time invested. In response to Commissioner Schin’s question about the letter from the Township, Ms. Lynx said that anything the Township can do to help is appreciated. President Villone asked if the County has a timeframe for getting together and making the decision about the bridge and Mr. Vernau said either late August or early September. Ms. Lynx said that the meeting scheduled for September has been postponed due to the size of the meeting being too large for COVID restrictions.
Mr. Don Paul Shearer said that the Historical Society is in favor of saving the bridge. He spoke about the bridge being part of the character of the neighborhood. He said he was not aware of any safety issues. He feels that with all the growth in Lower Allen Township, the Township should be able to come up with the money to rehabilitate the bridge.
Commissioner KUTZ moved to authorize the Township Manager to draft a letter on behalf of the Board of Commissioners to the York and Cumberland County Commissioners indicating Lower Allen Township’s full support for rehabilitation of the Sheepford Road Bridge to accommodate ten ton vehicular traffic. Vice President Black requested an amendment adding that this is with no cost contribution from Lower Allen Township. Commissioner Kutz accepted the amendment to the motion. Commissioner SCHIN seconded the motion and the motion carried 5-0.
President Villone noted that the Board would be adjourning to an executive session following tonight’s meeting.
COMMISSIONER REPORTS
Mr. Grove spoke about receiving two checks recently that illustrated the Township’s policy of providing services the best that it can with as low of cost as possible. The sale of surplus goods provides for vehicles to go to internet auctions and other items go to the COG auction. The Township received a check for $992.00 from sales at the COG auction. Mr. Grove also said that the Township decided to remain with UComp for unemployment compensation in the past. UComp sends a refund to the Township if there is surplus money and this year the check was for $2,462.00, or 15% of what was paid in.
Mr. Eby said that the Yellow Breeches Watershed Association YBC clean-up is canceled this year due to COVID restrictions. It could possibly take place this Fall. The social event which was scheduled has also been canceled. Mr. Eby also reminded everyone of the upcoming Public Hearing in 2 weeks at 6 pm for Zoning ordinance amendments for Traditional Neighborhood Development parking as well as fast food restaurant parking. Vice President Black asked if the YBWA is participating with the issues of people jumping in the creek behind the Lisburn Fire Station and Mr. Eby responded that they are working on solutions with Public Safety.
Mr. Holl spoke about the Police Consortium testing taking place at Cedar Cliff High School last weekend. It was successful and there are candidates coming in for oral interviews on August 19th and 20th. He thanked Mr. Terry Lenker for participating on behalf of the Civil Service Commission. Mr. Holl also spoke about a traffic ordinance which allows for a 90-day experimental No Parking order to be put in place by the Public Safety Director. Mr. Holl and Mr. Flint located spots for this around the Rt. 114 bridge in Lisburn. Mr. Holl has already put out the Special Order in the Police Department and enforcement can begin once the signs are placed in position. He said he hopes that this will reduce the injuries happening at that location.
Mr. Vernau said that the Pennsylvania Municipal League has offered a Civic Engagement Scholarship for many years. This year a resident of Lower Allen Township, Megan Gouldy, received a $,2000 scholarship for her essay. President Villone asked if the Township could send a letter of congratulations on behalf of the Board of Commissioners and Mr. Vernau agreed.
Vice President Black asked if any physical work is being done with removing limbs or ropes over the creek by the Lisburn Fire Company and Mr. Vernau said that options are being discussed. Vice President Black is concerned that people will still access the area from the creek.
Commissioner Schin asked again about the trucking company along Hartzdale Drive with the dilapidated fence and if anything is being done about it. Mrs. Trone said that Mr. Yeagley is working on it. He also mentioned that the trucking company at the end of Appleton Drive being gone.
Commissioner Kutz spoke about visiting small businesses and their need for support from the Township. He has now visited Highland Gardens, Hoover Country House, Jenny’s Salon, Cedar Cliff Pizza, Classic Cleaners, and C&P Detailing. He said these businesses are great community partners and wants the Township to be welcoming to new businesses.
President Villone expressed his pride that a resident of Lower Allen Township received a reward for civic engagement. He also appreciates the healthy conversations held by the Board and their ways of thinking outside the box. He spoke about volunteering for the Lisburn Fire Company festival, which is a major fund raiser to support the Fire Company. He said they did a great job with the drive-thru this year. He also said he joined others on a walk to the area behind the Fire Company. He said it is very muddy and steep and suspects other injuries occur there that are not reported. He is glad the Township is taking steps to stop it from happening.
ADJOURNMENT TO EXECUTIVE SESSION
The Regular Meeting of the Board of Commissioners adjourned at 9:02 pm to discuss an employee disciplinary action.