MINUTES

BOARD OF COMMISSIONERS	LOWER ALLEN TOWNSHIP
REGULAR MEETING	July 11, 2022
The following were in ATTENDANCE:
BOARD OF COMMISSIONERS	TOWNSHIP PERSONNEL
Dean W. Villone, President	Thomas G. Vernau, Township Manager
H. Edward Black, Vice President	Erin G. Trone, Community & Economic Development Director
Jennifer M. Caron	Steven P. Miner, Township Solicitor
Thomas H. Kutz	David Holl, Public Safety Director
Joshua Nagy	Rebecca Davis, Public Works Director
	Richard Grove, Finance Director
	Leon G. Crone, Police Captain
	Anthony Deaven, EMS Captain
	Frank Wirth, Fire Captain
	John M. Eby, Building and Zoning Coordinator
	Renee’ Greenawalt, Recording Secretary

President Villone called the July 11, 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.

MEETING MINUTES:
President Villone requested a motion to approve the minutes of the June 27, 2022 Regular Meeting. Commissioner KUTZ made the motion. Vice President BLACK seconded. The motion carried 5-0.

INTRODUCTION
President Villone introduced Jackie Wilburn, the Township’s newly hired Codes and Zoning Administrator. Members of the board welcomed Ms. Wilburn.

AUDIENCE PARTICIPATION:  Any item on the agenda.
President Villone advised the audience that if there were any items on that evening’s agenda that they wished to comment on, to please indicate as such. Three 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 could do so at that time. There were none.

Items on the Consent Agenda:

a. Check Register of July 1, 2022 in the amount of $341,352.08.
b. Moving Nathaniel C. Sterling from Probationary status to regular full-time status effective July 3, 2022.

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

PRESIDENT VILLONE:
President Villone requested a motion to accept the resignation of Heather Douden, Administrative Assistant/Event Planner, effective July 19, 2022. Vice President BLACK made the motion. Commissioner CARON seconded. The motion carried 4-1, with Commissioner NAGY in opposition.

ANY BUSINESS PERTINENT TO THE TOWNSHIP:
President Villone noted that if anyone wished to speak at that time, there would be 10 minutes allotted per person to speak at the podium.

Joe Swartz, resident at 1706 Letchworth Road, complimented the Board and the Township staff for their work and efforts on developing the comprehensive master plan to prioritize the health and safety of township residents. He expressed concern regarding the implementation of that plan, specifically as it relates to the Gettysburg Road Corridor and the proposed Tommy’s Car Wash. He noted that changes to the zoning ordinances might be helpful in redeveloping that area, including the impact on tax implications. He shared his view that one of the most important aspects of any redevelopment plan is to protect the taxpayers and create more value to ensure a healthy tax base to pay for vital services forward into the future.

President Villone asked Ms. Trone whether the Board would be involved with changes to the zoning ordinances as they relate to the Gettysburg Road Corridor. Ms. Trone explained that staff augmentation through the hiring of a consultant and a planner may be necessary to complete that work, and that grant funding may need to be acquired. Commissioner Kutz encouraged staff to communicate needs for resources to the Board, noting a high priority to allocate the necessary resources to implement the comprehensive plan.

PUBLIC WORKS DIRECTOR:
Disinfectant System for the water fountains at Lower Allen Community Park
Ms. Davis introduced the item for discussion and possible action, to consider the implementation of a disinfectant system for the water fountains at Lower Allen Community Park concession stand and dog park. Facilities Manager Scot Emerson explained that a recent inspection identified deficiencies in the drinking water at the two water fountains within the park. One is located by the dog park, and the other by the lower pavilion. The existing UV disinfection system is insufficient and requires chlorination. Both are supplied from the restroom building/concession stand. The Department of Environmental Protection requires mediation of the deficiencies through several options. First, to install a chlorination system at the restroom/concession stand building, which supplies the fountains at a cost of $12,000 plus annual maintenance of $1,200-$1,700. Second, removal of the fountains. Third, add a fountain at the restroom building and remove the existing fountains at a cost of $4,000.

Board members discussed each of the options. It was noted that the deficiency could be budgeted for 2023-24 as it was not required to addressed immediately. President Villone expressed support for approving the installation of a chlorination system. Commissioner Kutz noted his preference for the option of adding a fountain at the restroom building which is centrally located in the park and would realize a substantial cost savings. Vice President Black expressed support for the chlorination system and keeping the existing fountains, noting the increasing usage of the park by township residents. Commissioner Nagy noted that the lower pavilion is the most rented due to availability of water access. Commissioner Kutz suggested the option of doing both if within the park budget as part of an overall park improvement plan. President Villone agreed and asked staff to research the resource needs for doing both.

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 one lot to house 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. Following a lengthy discussion during the meeting of June 27, 2022, the Board of Commissioners approved the waivers and tabled rendering a decision on the plan. Ms. Trone noted there had been no changes made to the plan since that time. She also noted the presence of the township’s traffic engineer to discuss the PennDOT HOP study.

President Villone stated it was unnecessary to have a review of the entire plan again and opened the public comment period.

Public Comment
Rob Staiger, owner of the Capital City Carwash, again expressed his opposition to the plan. He pointed out that the business originally at the corner of Hartzdale Drive and Gettysburg Road had one driveway that might have generated in one year the amount of volume likely to generated by the carwash in one week. He suggested that the driveway onto Hartzdale be removed from the plan due to safety concerns. He noted his attendance at all the relevant Planning Commission and Board of Commissioners meetings, and while there were reassurances given by the applicant, he heard no data or research to back up their statements. He expressed his opinion that the project was oversized for this location and encouraged the Board to vote no and not permit the project to go forward.

Scott Staiger, Capital City Properties, expressed his opposition to the plan. He requested an opportunity to meet with the Township traffic engineer. He also stated the project was an oversized carwash for the site and noted a smaller, scaled down option as more appropriate. He suggested that the Board place conditions on any approval to provide more comfort with the decision regarding safety. He provided the Board with a list of suggested conditions.

Board of Commissioners Discussion and Possible Action
Commissioner Kutz asked Solicitor Miner to weigh in on the conditions presented, noting the Board still had two weeks before they were required to act.  Solicitor Miner said that the SLD Plan met the requirements of the Township’s Zoning Ordinance, and most of the conditions suggested earlier would not be permitted under the MPC.

Commissioner Nagy asked Mr. Scott Staiger for the origin of the trip generation data he provided. Mr. Staiger replied the information provided by the applicant was based on the Chambersburg Tommy Carwash location. The numbers he provided were taken from the Tommy Carwash website and show both the best and worst performing sites. He noted that even the worst performing site had numbers significantly higher than what was shown in the data provided by the applicant.

President Villone asked Mr. Chris Bauer, Lower Allen Township traffic engineer, to present his view of the plan. Mr. Bauer explained that the firm he works for performs the HOP reviews for PennDOT and had seen a change in the carwash industry over the past two years and have adjusted the tools used to analyze trip generation analysis based on actual use and location data. He noted that PennDOT has a standard comment regarding the issue to require data collection and documentation from comparable site sizes and from five or more sites. He noted that PennDOT had approved the trip generation data provided for this site based on the applicant providing data in accordance with PennDOT requirements.

Vice President Black asked for an update on the status of the application to PennDOT. Mr. Bauer replied that they are in the scoping phase, which has been approved. The next step will be the development of the traffic impact study, which has its own approval process. Once that is completed and approved, it will be submitted for the Highway Occupancy Permit. Vice President Black asked if the traffic impact study was applied to a specific entrance for the site. Mr. Jared Neal, traffic engineer for the applicant, replied that the scoping application has identified the entrance for a right-in, right-out to Gettysburg Road. Mr. Bauer stated that he believes the entrance could be approved if it is designed to restrict any left turns, potentially restricted by a median.

Commissioner Kutz asked for clarification on whether there had been any attempt made to contact the neighboring property owner along Hartzdale Drive to obtain an easement for full access to the property. Mr. Tanner Brandt replied that their acquisitions team had reached out but to his knowledge, there had been no response.

Vice President Black expressed his serious safety concerns and asked Mr. Miner of the possible ramifications of disapproving the plan. Mr. Miner responded that the applicant could bring a lawsuit against the Township. He also noted that both traffic engineers have stated that a final design has not yet been determined. The Board could request to be notified when any design changes are made during the approval process. Mr. Bauer committed to keeping the Board apprised of all design changes.

Commissioner Nagy also expressed his concern over public safety and cited the example of the Walmart on Hartzdale Drive, which also went through an approval process, which in the end resulted in problematic issues with traffic and safety.

Following the discussion, Commissioner CARON moved to approve SLD-2022-01 Tommy Carwash, with the following conditions

1. DEP approves the Sewer Planning Module
2. Cumberland County Conservation District approves the NPDES Permit and Erosion and Sediment Control Plan
3. The Township receives the Improvement Guarantee and the signed Developers Agreement
4. PennDOT approves the HOP WHICH HAS BEEN DISCUSSED AT LENGTH
5. Provide plan notes and details regarding visual screening where potential future access drive abuts residentials properties, and where headlights from vehicles in the carwash tunnel queue could shine onto adjacent residential properties or into passing traffic on abutting public roads

Vice President BLACK seconded the motion.

Commissioner KUTZ stated that the additional conditions (#6 and #7) are critical due to the safety concerns. He noted that the Board is being asked to decide without complete information. It requires a reliance on PennDOT for critical issues. He stated grave public safety concerns about the proposed use.  Commissioner CARON withdrew her motion, and Vice-President BLACK withdrew his second.  Commissioner KUTZ asked that the two additional conditions be added, namely:

6. Required notification to the Board of Commissioners via correspondence with Township staff for any conceptual changes.
7. The applicant will demonstrate evidence of a good faith effort to potentially obtain future access to the northern driveway of the adjoining property owner. A good faith effort would be evidence of multiple attempts at contact through correspondence and shall be submitted in writing to township staff within thirty days of July 11, 2022.

Commissioner CARON moved to approve SLD 2022-01 Tommy Car Wash with the additional conditions.  Vice-President BLACK seconded the motion.  The motion to approve SLD-2022-01 Tommy Carwash, with conditions, carried 5-0.

Commissioner KUTZ stated that, given our public safety concerns and despite a 5-0 vote, it should not be taken as unanimous approval without concern. The Township’s hands are tied due to the threat of pending litigation and moved that staff prepare a letter from the Board of Commissioner to PennDOT expressing our concerns about public safety along Gettysburg Road and have that letter recorded publicly with the Plan.  Commissioner NAGY seconded the motion.

Mr. Getz, attorney for the applicant, noted that his client is also concerned about public safety. Commissioner Kutz expressed frustration, noting that the concerns expressed by the Board had not been taken seriously. He said that the intent of the letter to PennDOT will share the concerns of the five elected representatives

The motion carried 5-0.

 Major Subdivision and Land Development Plan SLD-2022-06 Sheepford (Sadie Lane) Subdivision

Ms. Trone presented the plan for discussion. The purpose of the plan is to subdivide two lots to create sixteen new lots for single family homes. She noted the plan was first presented in 2021 and then withdrawn following discussion about concerns. It has now been recommended for approval by the Planning Commission. She noted that the site has some grading challenges and backs up to the Pennsylvania Turnpike. Several waivers have been requested, most notably one property to be on septic and well systems. One of the other conditions is a loop road versus a cul de sac that would be difficult to develop. The loop would ensure emergency vehicle access, as well as snowplows, school busses, etc.

Mr. Dave Habowski, the engineer for the applicant, presented details of the plan. He explained that they were near the end of the process to obtain outside agency approvals.

Commissioner Kutz noted his comfort level with the plan following discussion with township staff. Commissioner Nagy inquired as to the location of on street parking, which Mr. Hobowski illustrated on the plan.

Following discussion, Commissioner KUTZ moved to approve a waiver of Section 192-20 requiring the submission of a Preliminary Plan. Commissioner NAGY seconded. The motion carried 5-0.

Commissioner KUTZ moved to approve a waiver of Section 193.57. C(1) requiring a minimum centerline radius of 260ft. Commissioner NAGY seconded. The motion carried 5-0.

Commissioner KUTZ moved to approve a waiver of Section 192.57 C(3) requiring a minor township road have a minimum tangent of 100 FT. Commissioner NAGY seconded. The motion carried 5-0.

Commissioner KUTZ moved to approve a modification of Section 192-57. C(9) requiring sidewalks on both sides of the street. Commissioner NAGY seconded. The motion carried 5-0.

Commissioner KUTZ moved to approve a waiver of Section 192-61 A. 1.B requiring connection to public sewer if 1000 ft from public sewer. Commissioner NAGY seconded. The motion carried 5-0.

Commissioner KUTZ moved to approve a waiver of Section 192 Attachment 5 requiring minor township roads with a 22 ft cartway have minimum lot widths of 80’ at the ROW line. Commissioner NAGY seconded. The motion carried 5-0.

Commissioner KUTZ moved to approve SLD-2022-06 Sheepford (Sadie Lane) Subdivision with the following conditions:

1. DEP approves the sewer planning module
2. Cumberland County Conservation District approves the NPDES and Erosion and Sediment Control Plan
3. Financial guarantees and the Developers Agreement are signed and submitted to the Township
4. The developer pays the fee-in-lieu of dedication for recreation facilities/land.
5. DEP approves the GP-7 permit for the stream crossing for access to lot 16

Vice-President BLACK seconded the motion. The motion carried 5-0.

McMahon’s Associates, Inc. Proposal for Survey, Design, and Permitting Services
Ms. Trone presented for discussion and possible action a proposal to approve McMahon’s proposal for $31,915.00 to prepare work for the Township’s HATS RTP Grant. She explained that bids had been received in 2020 for crosswalk projects at 18^th and Hummel and two crosswalks at Wass Park on Wesley Drive with pedestrian signals. Both projects were identified as high priority. The township received 30/70 matching funding from the County in the amount of $17,000 for a land partnership grant. Since then, the cost of materials has gone up and the design process is onerous. Additional funding is required to complete the project. She noted the funds could be taken from the Recreation Escrow Fund and Sidewalk Escrow fund. Mr. Rick Grove affirmed that the cost could be absorbed for the amount needed.

Commissioner KUTZ moved to approve McMahon’s proposal for $31,915.00 to prepare work for the Township’s HATS RTP Grant. Vice President BLACK seconded. The motion carried 5-0.

MANAGER
Applications for Parks & Recreation Board
Mr. Vernau introduced for discussion and possible action the topic of the applicants for the vacancy on the Parks and Recreation Board. There were six applications received. Resumes and letters of interest were provided to the Board. He suggested a process to prioritize the list of applicants and hold interviews with a subcommittee to interview three candidates. President Villone appointed a subcommittee consisting of Commissioners Nagy and Caron and himself to participate.

COMMISSIONERS REPORTS
Mr. Eby presented a reminder about the Yellow Breeches Watershed Association Clean-Up event and provided flyers.

Ms. Trone announced that the Development Authority was in the process of selling off the remaining units at Lower Allen Commons.

Mr. Miner announced the enactment of Act 84 of 2022, which will prevent any tolling on I-83 bridge.

Commissioner Nagy thanked the members of the public for their valuable input and public comments related to the Tommy Carwash plan. He also gave a shout out to the Public Safety Department on their recent CALEA accreditation.

Commissioner Kutz reported on requests he had received to replace basketball hoops and nets at Allendale Park, as well as to address the overgrown playground area at Sheepford Park. Director Davis noted that area is scheduled for maintenance and would be taken care of. Commissioner Kutz also reported that West Shore School District had received a grant in the amount of $482,000 in the upcoming school budget for addressing mental health and public safety and noted being encouraged by the progress being made. Finally, he also thanked the members of the public for their engagement in the process on the Tommy Carwash issue. He said he had greater concerns than he even expressed publicly. He noted he is hopeful that the conditions imposed will help to alleviate some of the concerns in the future.

President Villone thanked the Township staff on continued great work for the residents, as well as the members of the public for their feedback.

ADJOURNMENT
At 8:28 p.m. President Villone adjourned the meeting.