Board of Commissioners
10-26-2020 Meeting Minutes
MINUTES
BOARD OF COMMISSIONERS LOWER ALLEN TOWNSHIP
REGULAR MEETING OCTOBER 26, 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 David Holl, Public Safety Director
Carolyn Holtzman Dan Flint, Public Works Coordinator
John Eby, Building and Zoning Coordinator
Leon Crone, Police Captain
Tony Deaven, EMS Captain
Steven P. Miner, Solicitor
Tina Thomas, Recording Secretary
President Villone called the October 26, 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.
MEETING MINUTES
Commissioner SCHIN moved to approve the minutes from the October 12, 2020 Regular Meeting. Vice President BLACK seconded the motion. The motion carried 5-0.
PRESENTATION: WEST SHORE RECREATION COMMISSION
Mr. John Minito, President of the West Shore Recreation Commission, thanked the Township for their loyalty and commitment to the Rec Commission. He also thanked Vice President Black for being the liaison. He spoke about 2020 being a difficult year for them financially due to cancellations and postponements. He said that things are getting better and hopes it will pick up in the fall and spring. Mr. Minito said they were able to keep the per capita rate at $2.50 as it has been for a long time but were asking participating municipalities to pay in advance if possible. Mr. Vernau said that the Board had already approved an early December payment. Vice-President Black complimented Mr. Minito for his hard work.
INTRODUCTION OF NEW OFFICERS
Captain Crone introduced two new police officers who were just hired by Lower Allen Township. Neil Chimel-Freeburn and Robert Fitzkee were in attendance and met the Board of Commissioners.
AUDIENCE PARTICIPATION: Any item on the agenda.
There was no response.
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 September for Community Development, Fleet Maintenance, Township Engineer, Public Works, and Public Safety.
- Tax Collectors September Monthly Report.
Commissioner KUTZ moved to approve the Consent Agenda and Commissioner SCHIN seconded the
motion. Motion carried 5-0.
PRESIDENT VILLONE
Check Register
Commissioner KUTZ moved to approve the check register of October 23, 2020 in the amount of $485,453.75. Vice President BLACK seconded the motion and the motion carried 5-0.
Final Payment to AIA Group
Commissioner SCHIN moved to approve the final payment of $144,613.69 to AIA Group, Inc. for the Public Works and Sheepford West Basin Retrofit projects. Commissioner HOLTZMAN seconded the motion and the motion carried 5-0.
Ordinance 2020-06
Commissioner SCHIN moved to enact Ordinance 2020-06, amending the Code of the Township of Lower Allen, Chapter 187, Streets and Sidewalks, at Article VIII, Temporary Right-of-Way Obstructions, and Article IX, Violations and Penalties.
Roll Call Vote: Commissioner Holtzman -Aye
Vice President Black -Aye
President Villone -Aye
Commissioner Schin -Aye
Commissioner Kutz -Aye
Ordinance 2020-06 was approved by a 5-0 vote.
Resolution 2020-R-35
In response to Commissioner Holtzman’s question, Mrs. Trone explained that one of the suggested projects from the Pedestrian/Bicycle Study was a bridge over the railroad that would provide a connection from Arcona to Upper Allen for pedestrians and bicycles. She is reapplying for a grant that would cover 70% of the $2.75 million dollar project cost, or $1.925 million. The grant application is due November 6th. Commissioner Kutz asked if the Township would be responsible for the remaining $825,000 and Mrs. Trone said that the Township would have to cover the remaining cost. She said other grants could possibly be obtained to cover more of the cost. Mrs. Trone added that by applying for the grant, the Township is committing to the project which must be completed within 3 years of obtaining the grant. Commissioner Kutz asked if Upper Allen Township would consider helping with the cost, but no funds have been offered. Commissioner Kutz asked if Charter is still putting in an at-grade crossing at the railroad and he was told that they are. Mr. Grove said that the $825,000 is not currently in the 5-year capital plan but the money could come from fund balance or from matching grants.
Kelly Logan, 3212 Emerson Way, addressed the Board as a resident of Arcona. She asked them to stay focused on the vision for connectivity. She said that it will improve home values as well as health. Also, having residents come from Upper Allen come over will help Lower Allen businesses. Mrs. Logan feels that it would be a good investment to put in the pedestrian/bicycle bridge.
Discussion continued regarding proposed location of the bridge and paying for the project. Mr. Vernau noted that the cost would not be paid out of cash reserves but could be added as additional debt service when the current bonds are paid off. Mr. Grove suggested one option could be establishing a special assessment district for areas in proximity to the bridge, as was done for part of the cost of the Gettysburg Road Relocation project.
Commissioner SCHIN moved to authorize staff to execute documents for the Multimodal Transportation Fund Program for the pedestrian bridge over the railroad at Arcona. Vice President BLACK seconded the motion and Commissioner Kutz added that he is in favor of this project as long as debt service and special assessment district could be considered if all grant opportunities fail. Motion carried 5-0. President Villone said he appreciated the healthy discussion that took place on this item.
Resolution 2020-R-36
Commissioner SCHIN moved to approve the hiring of Matthew E. Greene as a Maintenance Specialist for the Public Works Department, effective October 27, 2020. This is a replacement, not a new hire. Vice President BLACK seconded the motion and the motion carried 5-0.
Appointment of Caldwell & Kearns, P.C.
Commissioner SCHIN moved to appoint the firm of Caldwell & Kearns, P.C. in the person of Steven P. Miner as Township Solicitor, at a rate of $200 per hour, effective November 30, 2020. Commissioner HOLTZMAN seconded the motion and the motion carried 5-0.
ANY BUSINESS PERTINENT TO THE TOWNSHIP:
There was none.
TOWNSHIP ENGINEER
SLD Docket No. 2020-13, Land Development Plan for Lower Allen Commons Grocer and Retail
Mr. Flint provided an orientation to where these parcels are located in the western section of Lower Allen Commons. He said that this is the third plan to be introduced, with the first being the infrastructure, utilities, and access of the site and the second being Springhill Suites. This land development plan includes a 12,500 square foot grocer and two retail spaces of 2,400 square feet each. Mr. Flint said that the utilities will tie into the existing ones. He noted that there were three waivers presented to the Planning Commission and they were all approved. These waivers include the following:
- Waiver of the requirement contained in Section 192-24.C to submit a Preliminary Plan.
- Waiver of the requirement contained in Section 192-58.E(10) that planting islands and beds be designed to collect stormwater runoff from adjacent paved parking areas.
- Waiver of the requirement contained in Section 192-59.C(2) that each parking space adjacent to an island at the end of a parking row have an additional two feet of width.
Mr. Flint added that approval is still needed from the Lower Allen Authority at their next meeting. He also mentioned that Adam Davis, engineer from BL Companies, is in the audience to answer any questions. Vice President Black asked Mr. Miner if there would be a conflict of interest for him voting on this item as he serves on the Development Authority. Mr. Miner said that it is not a conflict of interest.
Vice President BLACK moved to approve SLD Docket No. 2020-13, Land Development Plan for Lower Allen Commons Grocer and Retail with all attached waivers and contingent upon Authority approval. Commissioner HOLTZMAN seconded the motion and the motion carried 5-0.
Improvement Security Release for SLD Docket No. 2019-03
Mr. Flint spoke about the Final Land Development Plan for 1201 St. Johns Road being complete, along with all inspections. He said that it is appropriate to release the Improvement Security back to the applicant. Commissioner SCHIN moved to release the Improvement Security for SLD Docket No. 2019-03 and Commissioner KUTZ seconded the motion. Motion carried 5-0.
SLD Docket No. 2020-05: Request for Reconsideration Arcona Phase 8.1
Mr. Flint spoke about the discussion at the last meeting regarding Charter Homes’ request to record the plan prior to the Highway Occupancy Permit being issued. The Board opted not to approve this waiver due to concerns about access locations. Charlie Courtney, of McNees, Wallace, & Nurick, was in attendance on behalf of Charter to request that this decision be reconsidered. Mr. Courtney explained that the original plan for Phase 8.1 included two access points to Rossmoyne Road. This was included in the scoping plan sent to PennDOT. Mr. Courtney said that in the scoping meeting, PennDOT denied the northern access unless it were to be converted to a gated emergency only access. He said they wanted to be sure that access to Arcona Phase 9 stayed viable. He added that they have several choices for this access, including across Rossmoyne Road from the main Phase 8.1 access, or further to the north. Due to the details discussed with PennDOT, Mr. Courtney feels confident that the access will be approved. He is therefore requesting that the Board reconsider the waiver. Vice President Black said that this alleviated his concerns with the waiver. Commissioner Holtzman asked Mr. Courtney if issues with street width in Arcona have been addressed. He said that they are being fixed moving forward.
Vice President BLACK moved to approve the modification to the requirement contained in Section 192-5.C to allow the Final Plan to be recorded prior to issuance of a Highway Occupancy Permit by PennDOT. Commissioner SCHIN seconded the motion and the motion carried 5-0.
PUBLIC SAFETY
Continued Employment of Public Safety Planner
Mr. Holl spoke about the recent resignation of Public Safety Planner Justin Strawser to pursue a career with FEMA in Philadelphia. He said that Mr. Strawser expressed an interest in continuing on as a part-time consultant, mostly online during weekends and evenings. Instead of hiring a new planner, Mr. Holl would like Mr. Strawser to continue on until the projects in process are completed. If the Board is willing for this to happen, he will let them know what he and Mr. Strawser come up with for his new role. The Board agreed that it made sense to keep the same person in the position.
Hiring part-time Paramedic Michael Quenzer as full-time
Mr. Holl reminded the Board that a different paramedic had previously been recommended for full-time hire. She is now not available to work full-time and will remain part-time. Michael Quenzer is interested in coming back on a full-time basis, following a 21 day notice to his current employer. Mr. Holl said that this is not a new position, just a replacement. Mr. Vernau said that if the Board is in favor of this, a hiring resolution will be on the agenda at the next meeting.
Discussion of Shiremanstown EMS Services
Mr. Holl spoke about discussions he has had with the President of the Shiremanstown Borough Council regarding having Lower Allen EMS providing ALS and BLS services to Shiremanstown. This was done in the past until they decided to go with another municipality. Mr. Holl said that this would not cause a need for additional staff as they have less than 100 calls per year and we already provide mutual aid when needed.
He noted that this could be a potential revenue source and Mr. Vernau has a financial equation for assessing charges for the service. Mr. Holl would like the Board’s permission to make the discussions with Shiremanstown formal and he will bring back information to the Board. Commissioner Kutz is in favor of this as Shiremanstown is located in between sections of Lower Allen Township. President Villone expressed interest in any potential combinations of service.
Commissioner KUTZ moved to approve continuing the conversation formally and Commissioner HOLTZMAN seconded the motion. Motion carried 5-0.
COMMUNITY AND ECONOMIC DEVELOPMENT
Interest Rate Adjustment
Mrs. Trone spoke about the Development Authority borrowing $810,000 from the Township for a down payment on the Bon Ton property. At the time they were given an interest rate of 4.45%. As interest rates have fallen, the Development Authority is requesting that the Board consider reducing the interest rate to 3%. She said that F&M Trust let them refinance at 3% on the money financed through that bank. Commissioner Kutz asked if Vice President Black would need to abstain from voting because he serves on the Development Authority. Mr. Miner said that is not necessary as Vice President Black is not personally benefiting from the financial transaction.
Commissioner SCHIN moved to adjust the interest rate for the Development Authority from 4.45% to 3.0% effective as of October 26, 2020. Commissioner KUTZ seconded the motion and the motion carried 5-0.
Sheetz Substitution Screen Planting
Mr. Charlie Courtney spoke about the proposed privacy fence to be installed on the southern end of the Sheetz site as per zoning requirements. He said that the adjacent property owner expressed concerns about visibility and safety for the employees and requested an alternative screening. Mr. Courtney said that Sheetz is considering 2 rows of screen plantings like shrubs instead of the fence. Mr. Eby said that he has provided Mr. Courtney and Mr. Davis with a copy of the ordinance dealing with screen plantings. Commissioner Holtzman asked if the shrubbery would be trimmed to keep it looking nice. Mr. Bob Franks added that additional trees will be planted on the top of the wall between Sheetz and the church. He said all plantings will be cared for by the landscape maintenance contract who cuts the grass.
Commissioner HOLTZMAN moved to approve the substitution screen planting for the privacy fence at Sheetz and Commissioner SCHIN seconded the motion. Motion carried 5-0.
MANAGER
Comcast Cable Franchise Agreement Renewal
Mr. Vernau spoke about receiving the Comcast Franchise Renewal Agreement from the Cohen Law Group. He said that a public hearing is needed before it can be approved. Mr. Vernau explained that public buildings like schools and the municipal building get free service but now, following an FCC determination, Comcast can deduct the cost of the service from their franchise fee payments. He suggested continuing the free service for the Township building but looking into some of the other buildings receiving it to determine if this should continue for them. Mr. Vernau requested a public hearing could be scheduled for November 9th before the board meeting.
Commissioner SCHIN moved to approve a public hearing be scheduled for November 9, 2020 at 6 pm to consider the Comcast Cable Franchise Agreement renewal. Commissioner KUTZ seconded the motion and the motion carried 5-0.
Mariner East 1 Gas Pipeline Project
Mr. Vernau spoke about the Mariner II pipeline being recently completed for carrying liquid natural gas through the Township. Now Mariner East 1, which also passed through the Township, will be converted to carrying regular petroleum. This will not involve any work being done in Lower Allen Township.
President Villone announced that the meeting would adjourn to Executive Session following Commissioner Reports.
COMMISSIONER REPORTS
Mr. Flint said that in Highpoint in Arcona the streets are now paved between Lisburn and Arcona Roads. He also spoke about the Planning Commission voting down Charter Homes’ request for a waiver from installing curbs. He said Charter has now withdrawn that request. Mr. Flint said that a ribbon cutting ceremony on the 29th will mark the end of the Gettysburg Road Relocation project construction.
Mr. Eby noted that a Public Hearing is being held on November 23rd at 6:30 pm for Zoning Ordinance 2020-07 Amendment to change 701 Belmont Street from R-1 to R-3. Since the Planning Commission meeting, the applicant did add the other parcel in the paper street. He also spoke about how helpful Mr. Strawser has been when they have worked together on projects. He considers him to be a great asset for the Township.
Commissioner Kutz spoke about visiting the small businesses at Arcona. He also enjoyed visiting Amore Pizza and Blaze Pizza. He said there was a small business roundtable on October 14th with Senator Regan and Representative Delozier. There were about 25 small businesses in attendance.
Commissioner Holtzman requested a list of salaries to look at when the Board considers salaries for 2021. Mr. Vernau said it will be discussed in Executive Session.
Vice President Black asked if there were any updates on what PA American Water will be doing with the road by Sheetz where there was a water main break. Mr. Flint said they are repairing the pipes and repaving curb to curb for about 200 feet in length.
President Villone said that Spring Gate has asked the Villones to play on Saturdays once a month. They decided that they would like to donate their earnings from their music to charities. They did the first one for Lisburn Fire Company who brought over an apparatus. Charter will be matching the funds raised. He also asked if it would be worthwhile to combine other services with Shiremanstown. Mr. Vernau said it wouldn’t hurt to ask but it has been tried in the past. Shiremanstown felt like Lower Allen Township, being the larger municipality, would “take over”. They prefer being their own small town. Mr. Vernau said that providing ambulance service could lead to other shared service discussions in the future. President Villone spoke about talking to Andrew Ritter, Fredrickson Library Representative, who has requested that a library box be put in at Charter. He feels that Charter would be a good location.
ADJOURNMENT TO EXECUTIVE SESSION
The Regular Meeting of the Board of Commissioners adjourned at 8:47 pm to discuss 2021 pay increases.