MINUTES

BOARD OF COMMISSIONERS	LOWER ALLEN TOWNSHIP
REGULAR MEETING	June 27, 2022
The following were in ATTENDANCE:
BOARD OF COMMISSIONERS	TOWNSHIP PERSONNEL
Dean W. Villone, President H. Edward Black, Vice President Thomas H. Kutz Joshua Nagy	Thomas G. Vernau, Jr.  Township Manager Steven P. Miner, Township Solicitor Erin G. Trone, Community & Economic Development Director
Jennifer M. Caron	David Holl, Public Safety Director
	Rebecca Davis, Public Works Director Richard Grove, Township Finance Director John M. Eby, Building and Zoning Coordinator
	Leon G. Crone, Police Captain Anthony Deaven, EMS Captain Frank Wirth, Fire Captain
	Renee’ Greenawalt, Recording Secretary

President Villone called the June 27, 2022 Regular Meeting of the Board of Commissioners to order at 6:05 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.

MEETING MINUTES:

President Villone requested a motion to approve the Minutes of the June 13, 2022 Regular Meeting. Vice President BLACK made the motion. Commissioner NAGY seconded. The motion carried 5-0.

PRESENTATION

CALEA Accreditation Plaque

Captain Crone presented the award of the Commission for Accreditation for Law Enforcement Agencies, which sets forth standards in policing. He noting it was the ninth received by the Lower Allen Police Department, and results as the culmination of four years of annual reviews, representing the demanding work of the department. President Villone congratulated the department on a job well done.

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. Four members of the audience indicated their intent to speak on Item 9A of the agenda: Discussion and possible action: SLD-2022-01 Tommy Carwash.

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 May for Community Development, Fleet Maintenance, Facility Maintenance, Public Works, and Public Safety.

b.  Check Register of June 17, 2022 in the amount of $362,776.72.

c.  Tax Collectors April 2022 and May 2022 monthly reports.

d.  Land Studies, Inc. Invoice #1 in the amount of $12,400.00 for Stormwater BMP Maintenance in accordance with the awarded contract.

Commissioner KUTZ moved to approve the items on the Consent Agenda. Vice President BLACK seconded. The motion carried 5-0.

PRESIDENT VILLONE:

At 6:11 p.m., President Villone announced the meeting would stand in recess while the Board met for an Executive Session to discuss a personnel issue. The meeting was reconvened at 6:27 p.m. President Villone noted there was no action to report and proceeded with the regular agenda.

President Villone requested a motion to adopt Resolution 2022-R-25, hiring Jacqueline M. Wilbern as a Zoning Codes Administrator for the Community and Economic Development Department effective July 11, 2022. Commissioner KUTZ made the motion. Commissioner CARON seconded. The motion carried 5-0.

ANY BUSINESS PERTINENT TO THE TOWNSHIP:

President Villone noted that if anyone wished to speak on any matter at that time, there would be 15 minutes allotted per person to speak at the podium.

Richard Ripple, who resides at 113 Old Mill Drive, expressed concern regarding the parking regulations on Township residential streets. He described and showed photographs of a pickup truck and trailer parked in his neighborhood, which he feels is unsightly. He noted that he did address the issue with Township police who informed him the vehicle was not in violation of the parking code. He sought clarification on the length and weight of vehicles permitted to be parked on residential streets.
President Villone asked for input from Public Safety. Director Holl noted he did not have information about the specific situation but committed to investigating the issue. He said that if the vehicle is in violation of the code, it would be ticketed.

Commissioner Kutz asked whether a length standard could be limited. Solicitor Miner replied that the issue had been reviewed several times in the past. Township Manager Vernau added that the issue has been reviewed every few years and that the existing standards have resulted from those reviews.

COMMUNITY AND ECONOMIC DEVELOPMENT

Discussion and possible action: SLD-2022-01 Tommy Carwash

Ms. Trone introduced the item for discussion and possible action to approve SLD-2022-01. The plan is to combine three lots in the C-2 district to create an automated carwash. The plan had been considered by the Planning Commission three times before being forwarded to the Board of Commissioners for review, with notes of concern about safety and traffic. The revised plan is being presented for approval. President Villone noted that he had been present at the Planning Commission meetings and was very familiar with the information presented.

Ms. Trone provided a history of the application. On March 15, 2022, the applicant requested the plan be tabled and the Planning Commission provided comments. On April 19, 2022, the Planning Commission recommended denial due to discomfort and concern over traffic and safety. The applicant is requesting access which requires a PennDOT Highway Occupancy Permit, which is a lengthy process. Ms. Trone noted that outside agency approval often requires a conditional approval. On April 25, 2022, the Board of Commissioners was granted a 90-day extension and the application went back to the Planning Commission. On June 21, 2022, the Planning Commission recommended the plan for approval with conditions. Ms. Trone also noted the Township engineer engaged in the HOP process. The applicant has updated the plan based on comments. The Board of Commissioner must render a decision by July 25, 2022.

Mr. Eby referenced his memo regarding the plan and noted that some of the originally requested variances were no longer necessary due to redesign. He summarized that the Planning Commission action was to approve the plan subject to outstanding comments, approve outside agency permits and carefully consider traffic safety and parking issues.

Attorney David Goetz speaking on behalf of the applicant, noted the plan had been revised several times in response to the comments and concerns expressed by the public, and was ready for approval by the Board of Commissioners.

Mr. Greg Holtzman, project manager, and Mr. Tanner Brandt, Operations Manager for the site, presented the revised plan for constructing a Tommy’s Express Carwash, which is part of a national franchise, to be located at the corner of Gettysburg Road and Hartzdale Drive, across from Batteries Plus. The hours of operation would be 7 AM until 9 PM. A visual rendering of the proposed carwash was shown. They discussed the changes made to the proposal as well as the remaining requests for waivers. The carwash would include three lanes with a truncated canopy to comply with the ordinance. The waiver request of sidewalks had been eliminated. DEP and traffic studies are ongoing and related concerns are being addressed.

Mr. Jared Neal, the traffic engineer for the project, summarized the PennDOT process, including the design of the traffic study including trip generation analysis. He noted the process can take up to 10-20 months. Access to the site is the primary topic for consideration and there has been considerable discussion and three different submissions of the scoping application. The current proposal is to include a right in and right out on Gettysburg Road, with a pistol style island in the driveway to Gettysburg Road. Mr. Neal also discussed the design of the trip generation analysis, using data from the ITE manual as well as brand data from Tommy Carwash.

Discussion ensued about the potential future exit noted on the plan, located towards the back of the property. The applicant noted that they had contacted the adjacent property owner but there was no current interest for pursuing that option.

Vice President Black expressed concern regarding the safety of the Gettysburg Road and Hartzdale Drive intersection and encouraged the applicant to consider an entrance/exit at the tail end of the property onto Hartzdale, rather than at the intersection. Mr. Goetz replied that the decision was up to PennDOT to determine access from Gettysburg Road and that his client would not be in favor of such a change.

Commissioner Kutz expressed his concern about traffic and noted that the right in/right out will result in additional U-turns onto other properties. Mr. Neal replied that most of the business clientele is membership based and customer will know how to enter and exit properly. Commissioner Kutz asked how far the concrete median on Gettysburg Road would extend. Mr. Neal said ideally, it would end at the property line. Commissioner Kutz stated additional concern about safety and traffic issues with that design, particularly as they impact adjacent properties.

President Villone thanked the applicants for listening to the concerns and making changes to the proposed plan. He noted the importance of the long-term goals for the Gettysburg Road Corridor redevelopment project and expressed serious concerns about traffic safety and volume now and in the future.

Commissioner Caron asked whether the PennDOT study contemplated future growth and the comprehensive plan. Mr. Neal replied that it was “baked into the process.”

Public Comment

Mr. Joe Swartz expressed opposition to the plan, citing significant concern, stating it was inconsistent with the goals of the Township’s Comprehensive Plan for the Gettysburg Road Corridor, which aims to safely accommodate all modes of transport, including by motorists, pedestrians, and cyclists. It also strives to prioritize mixed use development, which the proposed plan is not, and complicates future redevelopment for this area. The comprehensive plan also calls for preservation of green space, whereas the proposed carwash encompasses a lot of paved space. He encouraged the Township commissioners to keep their focus on public safety and environmental protection, with redevelopment that is people centered, with an emphasis on health and well-being. He expressed that as a resident, having this plan go forward would be disheartening.

Mr. Rob Staiger – owner of the Capital City Carwash, expressed his opposition to the plan due to the negative impact it will have on an already dangerous and congested intersection. He raised the issue of U-turns into other businesses along Hartzdale and Gettysburg Roads, as well as increased through traffic in nearby neighborhoods. He also noted the higher levels of hazards at the intersection necessitating an increase in response by the Township’s first responders.

Commissioner Nagy thanked Mr. Staiger for his comments and noted the traffic concerns. He asked the staff what responsibility Board members had to the residents in terms of safety. Ms. Trone responded citing the concerns of the Planning Commission, which was why they had initially recommended not approving it. She noted that the Township is involved with the PennDOT process and is voicing those concerns.

Director Holl expressed his concern regarding the traffic and increase in service calls which will drive up personnel demand and cost.

Commissioner Kutz asked if PennDOT would be able to provide any answers that address traffic concerns prior to the July 25 deadline for when the board must act. Mr. Neal noted that PennDOT was eight to nine months from being able to provide such answers.

Mr. Art Campbell – Campbell Commercial Real Estate, previous owner of the property, asked the commissioners to consider that other businesses which might have interest in developing at the site, may be high density users.

Mr. Scott Staiger – Capital City Properties, expressed his opposition to the plan. He presented information to explain that the proposed express carwash is a very new concept which will generate significantly more traffic volume than is contemplated in the proposed plan, resulting in safety and traffic hazards at the intersection and beyond. He argued that the information provided by the applicant is insufficient to make an informed decision. He discussed the internal traffic flow within the site and the likelihood of stacking cars out onto Hartzdale Drive. He asked the Commissioners to deny the plan for safety reasons, and absent that, he requested an opportunity to meet with staff to further discuss the issue.

President Villone pointed out that while the Planning Commission had recommended the plan, it was with hesitation and due to an obligation to get it to the Board of Commissioners. He asked the staff for their feedback on the plan.

Ms. Trone stated that the plan does not align with the Comprehensive Plan but acknowledged that the applicant had tried to meet the ordinances. She suggested looking at the current zoning and subdivision ordinances and considering future changes. She noted that the plan is improved from its original submission and that the process is working through PennDOT.

Commissioner Kutz noted substantial concerns that are not addressed and expressed discomfort in taking any action until PennDOT provides more complete information. He noted a desire for more time to consider the issue.

Vice President Black noted his opposition to the plan due to the safety concerns of the site.

Three requests for waivers were submitted with the plan SLD-2022-01 Tommy Carwash:

Vice President BLACK moved to approve the waiver from Section 192-39 which requires a Preliminary Subdivision Plan submission. Commissioner CARON seconded. The motion carried 5-0.

Vice President BLACK moved to approve the waiver from Section 192-58 E (10) which requires parking lot planting islands be designed to collect stormwater. Commissioner CARON seconded, with confirmation of no objection from Director Davis. The motion carried 5-0.

Commissioner KUTZ motioned to approve the waiver from Section192-59.C (2) which requires Parking Spaces Adjacent to End Islands shall be an Additional 2’Wide. Commissioner CARON seconded, with confirmation of no objection from Director Davis. The motion carried 5-0.

Commissioner KUTZ moved to table any action on SLD-2022-01 Tommy Carwash until the next meeting on July 11, 2022, to reconsider the matter and potentially with additional conditions. Commissioner NAGY seconded. The motion carried 5-0.

President Villone announced a ten-minute recess at 9:18 p.m. The meeting was reconvened at 9:28 p.m.

MANAGER

Mr. Vernau introduced for discussion and possible action the waiver of health insurance premium copayments for July-December 2022. He explained the Township had received a $438,000 rebate at the end of 2021 from their health insurance cooperative. The copayment waiver had been previously approved for the first six months of the year. Extending the rebate for another six months will cost $52,500.

Commissioner NAGY moved to extend the waiver of health insurance copayments through December 31 2022 at a total cost of $52,500. Commissioner KUTZ seconded. The motion carried 5-0.

Next, Mr. Vernau requested consideration of advertising Ordinance 2022-03, amending Chapter 23, Intergovernmental Cooperation, by adding Article XIV, authorization to submit a letter of agency to the PEPPM Cooperative Purchasing Consortium. He explained that the vendor Dauphin Datacom, used for telephone services, does not belong to COSTARS and to qualify for purchasing telephonic equipment, a letter of agency must be sent, which is a legitimate process for intergovernmental cooperation.

Commissioner Caron inquired as to whether by joining, the Township is obligated to purchase anything. Mr. Vernau replied they were not.

Commissioner KUTZ moved to approve advertisement of Ordinance 2022-03. Commissioner CARON seconded. The motion carried 5-0.

COMMISSIONERS REPORTS

Ms. Davis reported that the new stormwater ordinance would be published in July and will be advertised.

Mr. Eby announced the annual creek cleanup for the Yellow Breeches Watershed Association would be held on Sunday, July 31, 2022 and would be headquartered at New Cumberland Borough Park.

Director Holl expressed his thanks to Commissioners for their appreciation and support of accreditation.

Ms. Trone expressed thanks for their approval of the new hire.

Vice President Black reported that both he and President Villone had attended the Pennsylvania Association of Township Commissioners. He provided a summary of recently enacted and proposed legislation that was of interest to the group:

Enacted Legislation for 2022

Act 15 – Preserving Land for Open Air Spaces – local taxing options  

Act 18 – Public Contract Bid Nonreceipt Act

Proposed Legislation

HB 606 – Local Use of Radar (not supported by PASATS)

HB 2524 – Revisions to the Right to Know Law

HB 2404 – Dam Safety and Encroachments Act, providing for issuance of and conditions for continuous maintenance permits

HB 2148 – An Act amending Titles 45 (Legal Notices) and 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in legal advertising, providing for redundant advertising on Internet by political subdivisions or municipal authorities; and, in open meetings, further providing for public notice.

HB 2157 – An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, providing for fireworks; and making a related repeal.

SB 1212 – An Act amending the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, in licenses and regulations and liquor, alcohol and malt and brewed beverages, further providing for malt and brewed beverages manufacturers’, distributors’ and importing licenses, for renewal of licenses and temporary provisions for licensees in armed service and for rights of municipalities preserved.

HB 1155 – An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in departmental powers and duties as to licensing, further providing for definitions.

SB 669 – An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in pupils and attendance, providing for extended special education enrollment due to COVID-19; and, in terms and courses of study, providing for optional year of education due to COVID-19.

HB 2428 – An Act amending Title 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in open meetings, further providing for definitions, for minutes of meetings, public records and recording of meetings, for public notice, for public participation and for use of equipment during meetings.

HB 2550 – An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in taxes for highway maintenance and construction, further providing for allocation of proceeds.

President Villone also commented on the information presented at the Pennsylvania Association of Township Commissioners. He attended a meeting of the Pension Committee and noted satisfaction with the funding of the pension plans.

ADJOURNMENT AND EXECUTIVE SESSION

At 9:49 p.m. President Villone adjourned to Executive Session to discuss the vacancy in the Parks and Recreation Board. He noted there would be no action to report.