Board of Commissioners
8-8-2022 Minutes
MINUTES
| BOARD OF COMMISSIONERS | LOWER ALLEN TOWNSHIP |
| REGULAR MEETING | August 8, 2022 |
| The following were in ATTENDANCE: | |
| BOARD OF COMMISSIONERS | TOWNSHIP PERSONNEL |
| Dean W. Villone, PresidentH. Edward Black, Vice President | Thomas Vernau, Township ManagerJohn M. Eby, Building and Zoning Coordinator |
| Jennifer Caron | Steven P. Miner, Township Solicitor |
| Thomas KutzJoshua Nagy
|
Rebecca Davis, Public Works DirectorLeon G. Crone, Police Captain
Richard Grove, Township Finance Director John M. Eby, Building and Zoning Coordinator |
| Renee’ Greenawalt, Recording Secretary | |
President Villone called the August 8, 2022 Regular Meeting of the Board of Commissioners to order at 6:32 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 July 11, 2022 Regular Meeting. Commissioner NAGY made the motion. Vice President BLACK seconded. The motion carried 5-0.
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. There was none.
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 request so now.
Commissioner CARON requested to remove Item 5b, 7/15/22 Check Register, from the Consent Agenda due to it containing a payment to her firm.
Items on the Consent Agenda:
a. Department Reports for the month of June for Community Development, Fleet Maintenance, Facility Maintenance, Public Works, and Public Safety.
b. Check Register of July 15, 2022, in the amount of $407,446.52.
c. Check Register of July 29, 2022, in the amount of $121,449.03.
d. Land Studies, Inc. Invoice #2 in the amount of $4,385.00 for Stormwater BMP maintenance in accordance with the awarded contract.
e. Tax Collectors June Monthly Report.
f. Approval to enter into a COSTARS contract with Utility Services Group for stormwater television services for Allendale at a cost not to exceed $50,000.
g. Accept the resignation of Jacqueline M. Wilbern, Zoning and Codes Administrator effective July 13, 2022.
h. Move Officer Ethan D. Kell from Probationary status to regular full-time status effective July 27, 2022.
Commissioner KUTZ moved to approve item 5(b), Check Register of July 15, 2022, in the amount of $407,446.52. Commissioner NAGY seconded the motion. The motion carried 4-0 with one abstention by Commissioner CARON.
Commissioner KUTZ moved to approve the remainder of the items on the Consent Agenda. Commissioner NAGY seconded. The motion carried 5-0.
PRESIDENT VILLONE:
Ordinance 2022-02, Stormwater Management
President Villone requested a motion to authorize the Solicitor to prepare an adjudication pursuant to the public hearing held earlier this evening on proposed ORDINANCE 2022-02, Stormwater Management.
Vice President BLACK moved to authorize the Solicitor to prepare an adjudication in the affirmative on proposed ORDINANCE 2022-02, Stormwater Management. Commissioner NAGY seconded. Commissioner CARON clarified that the proposed ordinance would incorporate all the comments offered by the County. The motion carried 4-1 with Commissioner KUTZ opposed.
Ordinance 2022-03
President Villone requested a motion to enact ORDINANCE 2022-03, an Ordinance of the Board of Commissioners of Lower Allen Township, Cumberland County, Pennsylvania, amending the Code of the Township of Lower Allen, 1997 at Chapter 23, Intergovernmental Cooperation, by creating a new Article XIV, authorizing the Board of Commissioners to submit a Letter of Agency to the PEPPM Cooperative Purchasing for the joint purchasing of certain goods and services, including electronics and telephonic services.
Commissioner NAGY made the motion. The Secretary called the roll:
President Villone Aye
Vice-President Black Aye
Commissioner Nagy Aye
Commissioner Kutz Aye
Commissioner Caron Aye
The motion carried 5-0:
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. There were none.
FINANCE DIRECTOR:
Annual report on Township pension plans
Mr. Grove presented the annual report on the Township pension plans. The presentation included definitions, components, and comparative data on the Township’s two plans, as of the most recent actuarial evaluation. He also highlighted key events occurring in the plans over the past decade. He noted that 2021 was a very good year for investments and that both pension plans are in very good financial shape.
President Villone thanked Mr. Grove for the presentation and noted his participation in the pension committee meeting, expressing confidence that the plans are being well taken care of. He also mentioned that employee education initiatives were underway to ensure employees have the information they need to make decisions regarding their investments. Commissioner Nagy asked whether the funding ratio for each plan met the recommended levels. Mr. Grove affirmed that the plans have always exceeded the recommended funding thresholds.
PUBLIC WORKS DIRECTOR:
Developer’s Agreement with 2500 Gettysburg Associates LLC
Ms. Davis introduced the item for discussion and possible action, to consider authorizing a developer’s agreement in the amount of $175,624.00 with 2500 Gettysburg Associates LLC for financial security for improvements on 2450 Gettysburg Road. Ms. Davis explained that the property has transferred ownership and a new developer’s agreement must be established with the new owner.
Commissioner KUTZ moved to authorize a developer’s agreement in the amount of $175,624.00 with 2500 Gettysburg Associates LLC for financial security for improvements on 2450 Gettysburg Road. Commissioner NAGY seconded. The motion carried 5-0.
Financial Security release for Presbyterian Development LLC
Ms. Davis introduced the item for discussion and possible action, noting relevance to the previous item, to consider the release of $175,624.00 in financial security to Presbyterian Development LLC due to the sale of its property at 2450 Gettysburg Road.
Commissioner KUTZ moved to authorize the release of $175,624.00 of financial security to Presbyterian Development LLC. Commissioner NAGY seconded. The motion carried 5-0.
Maintenance Specialists for the Public Works Department
Ms. Davis introduced the item for discussion and possible action, to consider authorizing the hiring of two Maintenance Specialists for the Public Works department, one in the highway maintenance division and one in the parks division. Ms. Davis referred to the justification memo included in the meeting packet. She noted that one current staff member would be retiring in early 2023, and with the Board’s approval, two new employees could be trained in a timely manner. She noted sufficient funds in the budget for FY2022. Mr. Grove confirmed that the budget funds were available.
Commissioner KUTZ moved to authorize the hiring of two Maintenance Specialists for the Public Works department. Vice President BLACK seconded. The motion carried 5-0.
COMMUNITY AND ECONOMIC DEVELOPMENT
Authorization for TPD to submit the Drainage HOP for Arcona 8.1.
Mr. Eby introduced the item for discussion and possible action, to authorize the Township manager to sign PennDOT Form M-950AA to authorize TPD to submit the Drainage Highway Occupancy Permit for Arcona 8.1. The form is required for the Township’s agent to submit and process the application. He noted the staff recommendation is to approve having the Township manager sign the form with the condition that staff successfully validates the existence of an indemnity and maintenance agreement. President Villone asked Mr. Eby to follow-up with the Board to confirm such existence of the agreement.
Commissioner NAGY moved to authorize the Township manager to sign PennDOT Form M-950AA to authorize TPD to submit the Drainage Highway Occupancy Permit for Arcona 8.1, on the condition that existence of an indemnity and maintenance agreement is verified. Commissioner KUTZ seconded. The motion carried 5-0.
LD-2022-07 LA Commons Condo Unit 1 Mountz Jewelers
Mr. Eby introduced the item for discussion and possible action, to approve LD-2022-07, is a proposed land development plan for Mountz Jewelers in Unit 1 at the Lower Allen Commons. The Planning Commission has recommended approval of three modifications to the subdivision and land development code and approval of the plan. Mountz Jewelers will occupy both the first and second floors of the unit. The first floor will be used for retail space and the second floor for storage and offices. Next, Mr. Eby reviewed the three requests for waivers from the applicant, explaining the justifications for each, and noted that the Planning Commission recommended all three and staff have no concerns regarding any of them.
Mr. Ashwyn Gobbikotte, representing the applicant, reviewed the site boundaries and the plan for the condo unit and associated parking. He stated the overall floor space was approximately 11,000 square feet. The unit has two access locations and 48 parking spaces.
In addition to the three waivers, the Zoning Hearing Board approved one variance and one special exception. The variance was from the loading requirement due to the user not requiring any large tractor trailer size trucks. The special exception was granted for a reduction in parking spaces from 55 to 48.
Commissioner Kutz thanked the applicant for the presentation and noted no concerns. President Villone stated he had been present for the Planning Commission meetings and relayed satisfaction with the plan. He also reported meeting the new owners and welcomed them to Lower Allen Township.
Hearing no further discussion, Commissioner KUTZ moved to approve wavier from Section 192-57.C(9) requiring sidewalks be built on all street frontages. Vice President BLACK seconded. The motion carried 5-0.
Commissioner KUTZ moved to approve wavier from Section 192-58. E (10) requiring plantings beds be designed to collect stormwater runoff. Commissioner NAGY seconded. The motion carried 5-0.
Commissioner KUTZ moved to approve waiver from Section 192-59. C(2) requiring larger parking spaces for spaces located next to planting beds. Commissioner CARON seconded. The motion carried 5-0.
Commissioner KUTZ moved to approve LD-2022-07 Mountz Jewelers with the following conditions:
i. Financial Security is posted for improvements.
ii. A signed developer’s agreement is submitted.
Commissioner NAGY seconded. The motion carried 5-0.
MANAGER
Trick or Treat date for 2022
Mr. Vernau introduced for discussion and possible action the topic of the Trick or Treat date for 2022. He provided some history on the previous selection of a date and explained that some local municipalities have adopted policies to keep it the Thursday prior to Halloween, while others have chosen to hold it on Halloween night, October 31st, with the exception that if it falls on a Friday, Saturday, or Sunday, would be held on the previous Thursday, with the rain date being the following Saturday. He asked the Commissioners whether they preferred to adopt a policy regarding the date, rather than selecting a date each year.
President Villone expressed support for adopting a uniform policy to maintain consistency and for planning purposes for residents.
Following some discussion regarding potential safety concerns with various options and a desire to maintaining consistency, members agreed to continue holding trick or treat on the last Thursday of October each year. They also agreed to reconsider a change when and if the Township becomes an outlier among surrounding municipalities.
COMMISSIONERS REPORTS
President Villone announced that following Commissioner Reports, the Board would hold an executive session to discuss the TownePlace Suites tax appeal.
Mr. Eby reported a successful clean-up effort for the Yellow Breeches Watershed Association.
Commissioner Nagy thanked the Township staff and Emergency Services professionals involved with the recent National Night Out events.
Commissioner Kutz also expressed his gratitude for the National Night Out events, noting his appreciation to visit with both staff and members of the community. He also shared sentiments of mourning regarding the recent passing of retired K-9 Rocco and expressed condolences to the Scarlato family. He suggested a formal recognition of Rocco at a future meeting.
Commissioner Caron echoed condolences for the passing of Rocco. She also thanked department staff for their presentations.
Vice President Black supported a remembrance celebration for Rocco as a sworn K-9 officer.
President Villone expressed his sympathies on the passing of Rocco and thanked the community partners that have supported the K-9 program. He also noted the outstanding job on the part of staff, community partners and Christian Life Assembly, which hosted the National Night Out. He noted that Lower Allen Township was well represented, garnering positive feedback from County Commissioners and others. He also recognized the Public Works Department, Fire Company, Township Police and 411 program for their participation. In closing, he mentioned his attendance at the monthly Lisburn Community Fire Company meeting and recognized them for their efforts both in fire service and in social events. He noted the annual festival taking place August 10-13, 2022.
EXECUTIVE SESSION
The meeting was recessed for executive session at 7:38 PM. The meeting was reconvened at 7:56 PM. President Villone reported that action would be taken because of the discussion on the TownePlace Suites tax appeal.
Commissioner NAGY moved to authorize the Solicitor to settle the tax appeal by TownePlace Suites by Marriott, for an assessed value of $10,900,000 for a three-year period. Commissioner CARON seconded the motion. The motion carried 5-0.
ADJOURNMENT
At 8:02 p.m. President Villone announced the meeting adjourned.