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Home»Board of Commissioners Minutes»Board of Commissioners
11-23-2020 Meeting Minutes

Board of Commissioners
11-23-2020 Meeting Minutes

MINUTES

BOARD OF COMMISSIONERS                           LOWER ALLEN TOWNSHIP

 REGULAR MEETING                                            NOVEMBER 23, 2020         

 

The following were in ATTENDANCE:

BOARD OF COMMISSIONERS TOWNSHIP STAFF
Dean W. Villone, President Thomas G. Vernau Jr., Township Manager
H. Edward Black, Vice President Erin G. Trone, Assistant Township Manager
Thomas H. Kutz David Holl, Director of Public Safety
  Daniel Flint, Public Works Coordinator
  Richard Grove, Finance Director
  John Eby, Building and Zoning Coordinator
  Karen Miller, Solicitor
  Julie Echterling, Recording Secretary

 

President Villone called the November 23, 2020 Regular Meeting of the Board of Commissioners to order at 7:53 pm.  He noted the late start was due to a 6:30 pm Public Hearing running long.  He followed with a prayer and the Pledge of the Allegiance.  He announced that Proof of Publication was available for review.  He noted that all in attendance must be wearing masks for the meeting.  Commissioners Schin and Holtzman were absent with excuse.

 

MEETING MINUTES

Vice President BLACK moved to approve the minutes from the November 9, 2020 Regular meeting of the Board of Commissioners.  Commissioner KUTZ seconded the motion.  Motion carried 3-0.

 

AUDIENCE PARTICIPATION:

Mr. Dave Getz asked to speak on Zoning Docket 2020-03.

CONSENT AGENDA

President Villone advised that any Commissioner, staff member, or anyone in attendance could request any item on the Consent Agenda be removed for further discussion and asked if there was such request.   There was no response. 

 

Commissioner KUTZ moved to approve the following Consent Agenda items:

  1. Department Reports for the month of October for Community Development, Facility Maintenance, Fleet Maintenance, Township Engineer, Public Works, and Public Safety.
  2. Tax Collectors October Monthly Report.

 

Vice President BLACK seconded the motion.  Motion carried 3-0.

 

PRESIDENT VILLONE

Check Register

Vice President BLACK moved to approve the Check Register of November 20, 2020 in the amount of $263,789.66.  Commissioner KUTZ seconded the motion.  Motion carried 3-0.

 

Post Issuance Compliance Procedures

Commissioner KUTZ  moved to approve Post Issuance Compliance Procedures following the issuance of general obligation notes to refund certain indebtedness of the Township.  Vice President BLACK seconded the motion.  Motion carried 3-0.

 

Resolution 2020-R-38 honoring Gordon E. Wilson

Vice President BLACK  moved, with appreciation, to adopt Resolution 2020-R-38 honoring Gordon E. Wilson for his years of service to the Lower Allen Sewer Authority and Lower Allen Stormwater Authority.  Commissioner KUTZ seconded the motion.  Motion carried 3-0.  President Villone thanked Mr. Wilson for all his years of service to the Township.

 

ANY BUSINESS PERTINENT TO THE TOWNSHIP

There was no response.

 

TOWNSHIP ENGINEER

SLD Docket No. 2020-12-1604 Main Street and 1608 McCormick Drive Lot Line Adjustment

Mr. Flint showed the Board on the map the location of the proposed lot line adjustment.  He stated that  there are no plans for construction.  He stated that it would change the size of the lots and the Planning Commission approved the request.

 

Commissioner KUTZ moved to approve a 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.  Vice President BLACK seconded the motion.  Motion carried 3-0.

 

Commissioner KUTZ moved to approve a waiver of the requirement contained in Sections 192-57.B(2)(h)[2] and 192-57.C(8) to provide curbs on 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.  Vice President BLACK seconded the motion.  Motion carried 3-0.

 

Commissioner KUTZ moved to approve a waiver of the requirement contained in Sections 192-57.B(2)(h)[2] 192-57.C(13) to provide fill-in paving, 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.  Vice President BLACK seconded the motion.  Motion carried 3-0.

 

Commissioner KUTZ moved to approve SLD Docket No. 2020-12, Subdivision Plan for 1604 Main Street and 1608 McCormick Drive.  Vice President BLACK seconded the motion.  Motion carried 3-0.

 

Arcona Phase 8.1- Declaration of Restrictive Covenant

Mr. Flint stated one of the contingencies of the Arcona Phase 8.1 approval was the need for a Declaration of Restrictive Covenant. He noted the Township is not party to the agreement as it is between the landowner and Charter Homes.  The Solicitor has reviewed and is satisfied with the document.

 

Commissioner KUTZ moved to indicate the Board’s approval of the Declaration of Restrictive Covenant related to zoning provisions applicable to Arcona Phase 8.1.  Vice President BLACK seconded the motion.  Motion carried 3-0.

 

Gettysburg Road Relocation Project- Approve payment of Invoice No. 8 to JVI Group-$428,799.63 Commissioner KUTZ moved to approve payment of Invoice No. 8 to JVI Group, Inc. in the amount of $428,799.63 for the Gettysburg Road Relocation Project.  Vice President BLACK seconded the motion.  Motion carried 3-0.

 

COMMUNITY AND ECONOMIC DEVELOPMENT

Ordinance 2020-08 Rezone Two Tracts-From R-1 Single Family to R-3 Multi-Family Residential

President Villone noted this item was the subject of the 6:30pm hearing and asked to defer discussion.  He noted Vice President Black would abstain from discussions and voting.

 

Commissioner KUTZ moved to TABLE discussion and action until there is a quorum of the Board who can vote on Ordinance 2020-08.  Vice President BLACK seconded the motion.  Motion carried 3-0.

 

Public Review Process for Docket ZOA 2020-03

Mr. Eby discussed the Zoning Ordinance Amendment 2020-03 request filed by BroadRock Group.  They have a purchase agreement for the one-story former rehabilitation hospital located at 4950 Wilson Lane.  He noted the zoning is R-3, which allows inpatient facilities.  BroadRock would like to renovate the building to establish an alcohol and drug addiction rehabilitation facility including inpatient and outpatient services.  A zoning amendment would be necessary for them to provide both inpatient and outpatient services at the new facility.  He went over the actions needed by the Board to facility a public review process, public hearing, and changes to the ordinance.

 

Mr. David Getz, attorney, spoke on behalf of proposed alcohol and drug facility.  He spoke about the need for outpatient services with the inpatient facility proposed.  He noted the inpatient use is permitted but asked for outpatient services to be added as part of the treatment plan.  He asked if they would consider scheduling a hearing in January. 

 

President Villone asked that the language state that they need to be an inpatient facility to offer the outpatient services.  Mr. Getz stated that he worked with Mr. Eby to ensure the correct language for inpatient and outpatient services offerings in the same building which Mr. Eby confirmed. Vice President Black asked if they have other facilities and if the inpatient admissions be voluntary.  Mr. Getz stated that they have a facility in the Midwest and the admissions would be voluntary.  Vice President Black asked if the Police are aware of this proposal and Director Holl stated no.  Vice President Black asked for the Police’s input on the proposed facility.

 

Commissioner KUTZ moved to authorize the preparation of a text amendment ordinance, distribution of the ordinance to the Lower Allen Township and Cumberland County planning agencies.  Vice President BLACK seconded the motion.  President Villone agreed with Vice President Black’s comment on asking for the input from Public Safety.  Solicitor Miller asked for a role call on this motion:

 

Roll Call Vote:  Commissioner Kutz  –           Aye

                                      President Villone      –           Aye

                                      Vice President Black –          Aye

 

Motion passed 3-0.

Commissioner KUTZ moved to establish a public hearing date of January 25, 2021 at 5:00 pm for Docket ZOA 2020-03.  Vice President BLACK seconded the motion.  Motion carried 3-0.

 

Land Partnership Grant Award of $17,000

Mrs. Trone discussed the 2020 Land Partnership Grant award for the Township.  She noted they will be receiving a $17,000 grant for the installation of bicycle and pedestrian improvements at Wass Park and 18th St. and Hummel Ave.  She also noted DEP awarded the Township $128,000 which was used for the purchase of  a leaf picker and woodchipper.

 

MANAGER

Ordinance 2020-12, Verizon Franchise Agreement.

Mr. Vernau discussed the Verizon Franchise Agreement.  This agreement is the same as the one done earlier for Comcast.  He noted there was a public hearing in May 2019.  He noted this would be on the agenda for action on the next agenda.

 

COMMISSIONERS REPORTS

Mrs. Trone stated that she is working with Dawood Engineering on the GIS system.  She also noted that the leaf collection schedule is now on the website using the GIS system. 

 

Director Holl spoke about hiring a consultant to look at the fire station locations approved in the Ad Hoc report.  They have signed an agreement with a consultant and the report should be done in the spring. 

 

Commissioner Kutz spoke about Small Business Saturday coming up and supporting the Township’s small businesses.  He spoke about how they really need our help during this time.

 

President Villone spoke about the recent changes in guidance with wearing masks inside and the possibility of moving meetings back to the Zoom platform.  He spoke about the winter and more colds and sickness that would deter members from attending in person.  The Board and staff spoke about Zoom sessions and participating by phone and the challenges with having both in person and remote meetings at the same time.  Mr. Villone will continue this off-line and noted the meetings will be in person unless otherwise notified.

 

RECESS TO EXECUTIVE SESSION

The Regular Meeting of the Board of Commissioners recessed at 8:47 pm to discuss the following:

  • Intervention in Regal Partners (Country Inn & Suites) assessment appeal.
  • Discussion and possible action: Approval of the First Amendment to the Collective Bargaining Agreement with the Lower Allen Township Police Officers Association of 2018-2020.

 

RECONVENEMENT OF MEETING

The Regular Meeting of the Board of Commissioners reconvened at 9:13 pm.

 

Commissioner KUTZ moved to authorize the Solicitor to intervene in the Regal Partners assessment appeal.  Vice President BLACK seconded the motion.  Motion carried 3-0.

 

ADJOURNMENT OF MEETING

The Regular Meeting of the Board of Commissioners adjourned at 9:14 pm.