MINUTES

BOARD OF COMMISSIONERS	LOWER ALLEN TOWNSHIP
REGULAR MEETING	JANUARY 24, 2022
The following were in ATTENDANCE:
BOARD OF COMMISSIONERS	TOWNSHIP PERSONNEL
Dean W. Villone, President	Thomas G. Vernau, Jr., Township Manager
H. Edward Black, Vice President	Erin G. Trone, Assistant Township Manager
Thomas H. Kutz	Steven P. Miner, Township Solicitor
Joshua Nagy	David Holl, Public Safety Director
	Rebecca Davis, Public Works Director Leon G. Crone, Police Captain
	John M. Eby, Building and Zoning Coordinator
	Anthony Deaven, EMS Captain
	Renee’ Greenawalt, Recording Secretary

President Villone called the January 24, 2022 Regular Meeting of the Board of Commissioners to order at 6:00 PM. He announced that Proof of Publication for this meeting was available for review. This was followed by a prayer and the Pledge of Allegiance. President Villone requested a moment of silence to remember and honor those suffering through the pandemic, and first responders, noting specifically the firefighters who lost their lives in Baltimore. President Villone noted that Commissioner Holtzman was absent, with excuse.

 

MEETING MINUTES:

Vice President BLACK moved to approve the minutes from the December 27, 2021 Regular Meeting. Commissioner KUTZ seconded the motion. The motion carried 4-0.

 

PRESENTATION:

Captain Leon Crone presented awards and citations to several Township police officers. President Villone assisted in the presentation. Officer Lightner and Officer Newcomer were presented with the Lifesaving Award, recognized for their quick decision-making and action in saving the life of a victim of a rollover automobile crash. Officer Milletics received the Exceptional Service Award for his efforts in responding to a domestic situation that occurred in another township, preventing a homicide. Officer Robert Fitzkee was awarded Officer of the Year. President Villone thanked each of the recipients for their service and dedication to the community.

 

AUDIENCE PARTICIPATION:  Any item on the agenda.

President Villone advised the audience that if there were any item on that evening’s agenda that they wish to comment on, to please indicate as such. The following audience members indicated a desire to comment on Agenda Item 10 B – Discussion & possible action: SLD-2021-10 Lark Meadows: Tom Williams; Derek Dissinger; Justin Kuhn; Richard Hammon.

 

CONSENT AGENDA:

President Villone stated that any Commissioner, staff member, or anyone in attendance who would like to have an item on the Consent Agenda removed for further discussion, he could do so at that time. There were none.

Items on the Consent Agenda:

a.  Department Reports for the month of December for Community Development, Fleet Maintenance, Facility Maintenance, Public Works, and Public Safety (November and December. 

b.  Check Register of January 14, 2021 in the amount of $539,134.10. 

c.  Tax Collectors December Monthly report.

d.  Purchase of a 2022 ExMark zero-turn mower for $19,630 to replace a 2010 John Deere mower for the Parks Department. This item is budgeted for $20,000. 

e.  Purchase of a 2022 Ford Transit Van for $48,030 to replace a 2009 Ford F350 for Facilities Maintenance. This item is budgeted for $46,950. 

f.  Purchase and installation of a telephone server upgrade from Dauphin Data Comm in the amount of $24,142.10. This item is budgeted for $27,000.

Commissioner KUTZ moved to approve the items on the Consent Agenda. Vice President BLACK seconded. The motion carried 4-0.

 

PRESIDENT VILLONE:

Commissioners’ assignments for 2022 and 2023

President Villone announced appointments for the following Board and Commission assignments:

Appointment	Appointee	Alternate
Capital Region COG	Thomas H. Kutz	Dean W. Villone
West Shore Rec Board	H. Edward Black	Beth Ann McCoy
Lower Allen Rec Board	Joshua Nagy	Thomas H. Kutz
Cumberland Co. Tax Collection Committee	Dean W. Villone	Thomas G. Vernau
Municipal Advisory Board	Thomas H. Kutz	Dean W. Villone
Sewer Authority	Joshua Nagy	Dean W. Villone
Planning Commission	Dean W. Villone	H. Edward Black
Pension Committee	Dean W. Villone	Joshua Nagy
Fire Committee	Joshua Nagy	Dean W. Villone
Police Department	H. Edward Black	Dean W. Villone
Cumberland Co. Local Emergency Planning	Joshua Nagy	H. Edward Black

 

Resolution 2022-R-05

President Villone requested a motion to adopt RESOLUTION 2022-R-05, authorizing the execution of Rossmoyne Road Pedestrian Safety Improvement Green Light-Go Program Grant/Reimbursement Agreement with the Commonwealth of Pennsylvania, Department of Transportation.

Commissioner KUTZ made the motion. Vice President BLACK seconded. The motion carried 4-0.

 Purchase and installation of an HVAC system

President Villone requested a motion to approve a purchase and installation of an HVAC replacement at the Public Works building from Enginuity, LLC in the amount of $11,614.00. This exceeds the budget by $7,114. Commissioner KUTZ asked for details of the budget overage. Ms. Rebecca Davis explained that the existing outdoor unit had recently failed, and a replacement had not been planned. The budget had anticipated the purchase of one replacement unit at a time but instead, the Township proposes to replace all three units. She further explained that the public works office was currently using space heaters. The new purchase will be a multi-zone system so that one failure won’t affect other areas. It will save money from next year’s budget. Mr. Rick Grove, Township Finance Director, said the purchase would not have a significant impact on the budget. Commissioner Kutz noted his appreciation to the staff for the explanation on spending over the budget.

Commissioner KUTZ made the motion. Commissioner NAGY seconded. The motion carried 4-0.

 

Michael Scarlato Probationary status

President Villone requested a motion to remove Michael Scarlato, a Corporal in the Lower Allen Township Police Department from probationary status effective February 8, 2022. 

Vice President BLACK made the motion. Commissioner KUTZ seconded. The motion carried 4-0.

 

ANY BUSINESS PERTINENT TO THE TOWNSHIP:

President Villone noted that if anyone wished to speak at that time on any item of interest to the Township, there would be 15 minutes allotted per person to speak at the podium. There were none.

 

PUBLIC WORKS DIRECTOR

Resolution 2022-R-07, Amending the 2022 Fee Schedule

Ms. Davis presented a proposal to adjust the 2022 Fee Schedule to account for the increase in the cost for a Community Service Officer reflected in the facility rental deposit fee. This was due to an oversight when the 2022 Fee Schedule was first drafted. The deposit fee is raised from $100 to $125 to cover the cost increase.

Vice President BLACK made the motion. Commissioner NAGY seconded. The motion carried 3-1, with Commissioner KUTZ opposing.

 

COMMUNITY AND ECONOMIC DEVELOPMENT

SLD-2021-08

Mark Magrecki, Project Manager with PennTerra Engineering, Inc. presented information about the Final Land Development Plan for 1120 Carlisle Road. The proposal includes the removal of the drive-through canopy and a six hundred square foot addition in rear of the building. Two fast casual restaurants, Chipotle on the left and Jersey Mike’s on the right, are the intended tenants. The building owner is also the franchisee for Jersey Mike’s. There will be a pickup lane for online or app ordering. Additional parking spaces and a handicap accessible sidewalk connection on Carlisle road are planned. There are no changes to utilities.

President Villone requested a motion to approve Final Minor Land Development Plan, SLD-2021-08, 1120 Carlisle Road with the condition that the development agreement and performance guaranty for required improvements be submitted prior to recording.

Commissioner KUTZ made the motion. Vice President BLACK seconded. The motion carried 4-0.

 

SLD-2021-10 Lark Meadows

President Villone provided instructions to those public participants speaking on the matter.

Ms. Trone introduced the item, a major subdivision plan for seventeen parcels. Justin Kuhn, Professional Engineer and Managing Partner with Integrated Development Partners, addressed the Board. He said the project consisted of thirteen new homes off Manor Drive and noted the Hammond residence remains. He added that there would be public sewer and water access along Manor Drive and the addition of a sidewalk connection to Manor Drive where the homes are located.

President Villone asked staff to comment on whether there was anything in the process of obtaining waivers that was out of the ordinary. Ms. Trone noted that there was a requirement that only ten percent of a development be a cul-de-sac whereas this entire development is a cul-de-sac. She added that with smaller parcels of land available for development, this may become more common. She also said a waiver was granted for the grass strip between the sidewalk and the curb due to insufficient space for it. Mr. Kuhn illustrated the area on the map, which is a dedicated right away, and noted the waiver of the green space between the road and the sidewalk was to allow for the existence of the sidewalk. The home sites in the development all have the grass strip, just not the driveway entering the development. Commissioner Kutz suggested a future discussion to revisit the existing ten percent limit on cul-de-sac requirement.

Mr. Tom Williams, resident at 1253 Rossmoyne Road, came to the podium to express his concerns about the development, specifically regarding the waiver of preliminary approvals and items that were not submitted by the developer. He also referred to the requirement for the applicant to provide deeds to the property they are seeking to sub-divide and suggested that the deed in question references by a note, restrictions on further subdivision. He requested that the subdivision plan request for approval be either tabled or denied based on the information he presented. He added that he and his wife had filed a complaint with the Court of Common Pleas and asked the Board to defer to the court as to whether the property can be subdivided.

Commissioners Nagy and Kutz asked Mr. Williams to clarify for which subdivision parcel the note on the deed referenced. Mr. Williams said it was his contention that it applies to the entire property. Solicitor Miner noted his disagreement with that contention, adding that the note on the deed deals with the two lots together, not the entire tract of land.

Attorney Derek Dissinger of Barley Snyder spoke on behalf of the applicant. He said the application’s ninety-day deadline to respond was approaching. The Board of Commissioners would need to cite requirements that had not been met to not approve it. He noted his review of the application checklists, as well as the comment review letters, and observed the responses appeared to be very thorough. He added that many of the items on the checklist are done following approval by the Board of Commissioners and prior to recording. He summarized that the plan meets the provision of the ordinance, and that nothing has been identified as a justification for not approving it.

Solicitor Miner articulated on the matter to summarize, noting his agreement with Attorney Dissinger. He recommended that the Board of Commissioners approve the plan, noting no grounds to deny the subdivision plan. He noted his review of the deed in question and concluded that there was no restriction against any further subdivision. He said the staff and the Planning Commission had done what was required. He warned that denying the plan would risk legal action from the applicant, and that inaction would result in a deemed approval on February 17, 2022.

The next individual to speak was Mr. Richard Hammond, resident of 1231 Rossmoyne Road. He spoke about the property transactions between himself and the former owner of the property and Mr. Williams. He explained his knowledge and understanding of the original intent of the property. He asked that the Board move to make their decision.

President Villone thanked the speakers for their input on the matter and asked the Commissioners to begin with consideration of the waivers before them.

Commissioner Kutz, addressing Mr. and Mrs. Williams, expressed that he was sympathetic to their concerns, but explained that the Board was not able to settle matters of a private dispute, and that action could not be delayed when it had been made clear that all requirements had been met. The Board is obligated to act based on the information and recommendation of the staff and Solicitor Miner.

President Villone requested a motion to grant waiver of Section 192-30 Submission of Preliminary Plan. Commissioner KUTZ made the motion. Vice President BLACK seconded. The motion carried 4-0.

President Villone requested a motion to grant waiver of Section 192-63.C(1)(a) Requiring a Grass Planting Strip between curb and sidewalk. Commissioner KUTZ made the motion. Vice President BLACK seconded. The motion carried 4-0.

President Villone requested a motion to grant waiver of Section 192-57 C (5), Requiring that only 10% of a subdivision may be a cul-de-sac. Commissioner KUTZ made the motion. Vice President BLACK seconded. The motion carried 4-0.

President Villone requested a motion to approve Preliminary/Final Major Subdivision and Land Development Plan, SLD- 2021-10 Lark Meadows with the following conditions: 

1. Submittal of development agreement and performance guaranty for required improvements
2. Submittal of Recreation Fees
3. DEP approval of Sewer Planning Module
4. NPDES approval from County Conservation District

Commissioner KUTZ made the motion. Vice President BLACK seconded. The motion carried 4-0.

 

Ordinance 2022-02

Mr. Eby presented information about Ordinance 2022-02, amending Chapter 70, Building Construction and Safety Standards, Chapter 103, Fire Prevention, and Chapter 162, Property Maintenance. Mr. Eby noted it related to a project coordinated with the Department of Public Safety to enforce state building codes for property maintenance. He stated the ordinance allows the Township to incorporate and adopt, every three years, that part of the fire code that applies to first responder safety.  This will be a 2/14/22 agenda item.

Ordinance 2022-01

Ms. Trone presented information about Ordinance 2022-01 to advertise and begin the process of vacating the property formerly occupied by the slip ramp from Rt 15 SB to Gettysburg Rd to the Lower Allen Township Development Authority. To do so, the proposed owner requires title insurance. The Township is being asked to deed the property for clarification of the sale. Should the Township agree to this request, the Township would need to pass an ordinance to divest itself of the land. The Solicitor has prepared both a proposed ordinance and the required advertisement for the Board’s review. 

Commissioner KUTZ made the motion to adopt Ordinance 2022-01. Commissioner NAGY seconded. The motion carried 4-0.

President Villone asked for an update on the timeline for the opening of Trader Joe’s and the hotel under construction at Lowe Allen Commons. Ms. Trone noted that while she cannot speak on behalf of those businesses, it appears that Trader Joe’s could be open in April, and the hotel by July 4, 2022.

 

MANAGER

Township Payment to West Shore Recreation & Leisure Service

Mr. Vernau referred to an email received from Eric Stauffer of West Shore Recreation & Leisure Services regarding the financial status of the West Shore Recreation Commission, and the request for an early second installment payment. Mr. Vernau explained that the organization had been negatively impacted by COVID-19, with participation levels down significantly. He added that one other municipality had already agreed to make an early installment payment and recommended the same for Lower Allen

Commissioner Kutz and Vice President Black each expressed their support for the organization, noting the value its services bring to the citizens of the Township. Vice President BLACK made a motion to accelerate the Township’s second installment payment to the West Shore Recreation & Leisure Services. Commissioner KUTZ seconded. The motion carried 4-0.

 

Resolution 2022-R-06

Mr. Vernau said that Cumberland County recently adopted Resolution 2022-01 opposing the I-83 South Bridge Tolling Proposal, and the Board may want to consider adopting Resolution 2022-R-06, likewise opposing the proposal. He noted that the Board did send a letter to PENNDOT on the matter. Commissioner Kutz expressed his opposition to the tolling proposal due to the negative impact it will have on the daily use by Township residents who use the bridge to commute to work. Additionally, it will create more traffic congestion on the West Shore and in Lower Allen Township.

Commissioner KUTZ made the motion to adopt RESOLUTION 2022-R-06. Vice President BLACK seconded. The motion carried 4-0.

 

Firefighter tax credit eligibility

Mr. Vernau explained that the Board had previously enacted an Emergency Volunteer Tax Credit program designed to award either Real Estate Tax or Earned Income Tax credits to qualified Fire Company volunteers. Ordinance 2017-08 requires that the Board of Commissioners approve the credits before tax credit certificates are sent out. He noted that a list of tax credit applicants who have qualified for the tax credits based on their service hours was included in the meeting packet.

Commissioner NAGY made the motion to approve the Emergency Volunteer Tax Credits. Commissioner KUTZ seconded. The motion carried 3-0-1 with one abstention from Vice President Black, who had a relative on the list.

Resolution 2022-R-08

Mr. Vernau presented Resolution 2022-R-08 recognizing January as Human Trafficking Awareness Month. 

Commissioner Kutz, who authored the resolution, noted that human trafficking is a serious issue in the local community and worldwide. He noted that there are initiatives throughout the Township that provide training to raise awareness, highlighting, for example, Path 15. With the intersection of major highways through the Township it presents easy opportunities for human traffickers. He said it was important to recognize educational efforts to encourage awareness and training and to provide support to victims.

Commissioner KUTZ made a motion to adopt RESOLUTION 2022-R-08. Vice President BLACK seconded. The motion carried 4-0.

 

COMMISSIONERS’ REPORTS

President Villone announced that following the Commissioners’ reports, the Board members would recess to Executive Session for the purpose of discussing two legal matters.

Commissioner Kutz reported his recent participation in the Capital Region COG banquet as the delegate for Lower Allen Township and had discussed issues of innovation in public safety. He also noted the availability of additional CARES Act funding.

Vice President Black requested the ability to enlarge the digital presentation of proposed plans on the projection screens. He also noted the Township’s alignment with Upper Allen Township with regards to redistricting.

President Villone reported on the recent attendance at a Pennsylvania State Association of Township Commissioners, which provided a valuable training and educational experience. Vice President Black is a former President of the statewide association and continues to serve on its Executive Committee. President Villone as also nominated for the Executive Committee.

 

Recess to Executive Session

Commissioners recessed to Executive Session at 8:00 p.m. to discuss two legal issues: 1) Lawsuit against Guardian Designs for contract default and 2) Shaner Group Tax Appeal

Reconvene

Commissioners reconvened at 8:26 p.m.

Vice President BLACK moved to authorize Solicitor Miner to settle in the Shaner Group Tax Appeal. Commissioner KUTZ seconded the motion. The motion carried 4-0.

Commissioner NAGY moved to authorize Solicitor Miner to file an action against Guardian Designs for contract default. Commissioner KUTZ seconded the motion. The motion carried 4-0.

 

ADJOURN

The meeting was adjourned at 8:28 p.m.