Board of Commissioners
8-22-2022 Minutes
MINUTES
| BOARD OF COMMISSIONERS | LOWER ALLEN TOWNSHIP |
| REGULAR MEETING | August 22, 2022 |
| The following were in ATTENDANCE: | |
| BOARD OF COMMISSIONERS | TOWNSHIP PERSONNEL |
| Dean W. Villone, PresidentH. Edward Black, Vice President | Thomas G. Vernau, Township ManagerErin G. Trone, Assistant Township Manager |
| Thomas Kutz | Steven P. Miner, Township Solicitor |
| Joshua NagyJennifer Caron
|
Rebecca Davis, Public Works DirectorDavid Holl, Public Safety Director
Richard Grove, Township Finance Director John M. Eby, Building and Zoning Coordinator |
| Renee’ Greenawalt, Recording Secretary | |
President Villone called the August 22, 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 noted one correction and requested a motion to approve the minutes of the August 8, 2022 Regular Meeting. Commissioner KUTZ made the motion to approve the minutes with correction. Vice President BLACK seconded. The motion carried 5-0.
BID OPENING – Sheepford Basin Retrofit Project
Two bids were received for this project. President Villone opened the sealed bids. The first bid was from Columbia Excavating, LLC, 7398 Columbia Blvd. Berwick, PA 18603. A bid bond was attached. The bid amount was $76,068.62. The second bid was received from Stormwater Maintenance LLC in Sparks, MD. A bid bond was attached. The bid amount was $103.000.
BID OPENING – Beacon Hills Basin Retrofit Project
Two bids were received for this project. President Villone opened the sealed bids. The first bid was from Aquatic Resource Restoration of New Freedom, PA 17349. A bid bond was attached. The bid amount was $188,935.00. The second bid was received from Stormwater Maintenance LLC in Sparks, MD 21152. A bid bond was attached. The bid amount was $162,000.00.
Each of the bids was given to the Solicitor for review and Commissioner Villone announced the official closing of bids.
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 wished to comment on, to please indicate as such. Ms. Janice Lynx indicated her intent to speak on Item 13A of the agenda: Approval of Resolution 2022-R-28.
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 July for Community Development, Fleet Maintenance, Public Works, and Public Safety.
b. The Check Register of August 8, 2022, in the amount of $422,269.47.
Commissioner KUTZ moved to approve the items on the Consent Agenda. Commissioner NAGY seconded. The motion carried 5-0.
PRESIDENT VILLONE:
Stormwater Ordinance
President Villone requested a motion to approve or disapprove the Adjudication prepared by the Solicitor pursuant to the Public Hearing on proposed Ordinance 2022-02, Stormwater Management. Commissioner NAGY made the motion. Vice President BLACK seconded. The motion carried 4-1, with Commissioner Kutz opposed.
President Villone requested a motion to enact ORDINANCE 2022-02, Stormwater Management, by implementing the requirements of the Cumberland County Stormwater Management Plan and Act 167, the Pennsylvania Stormwater Management Act, as amended, by deleting Chapter 184 Stormwater Management Ordinance and by enacting a new Chapter 184, Stormwater Management Ordinance.
Vice President BLACK made the motion. The Secretary called the roll:
President Villone Aye
Vice-President Black Aye
Commissioner Caron Aye
Commissioner Nagy Aye
Commissioner Kutz No
The motion carried 4-1, with Commissioner Kutz opposed.
Solicitor Miner recommended that the Board take action to authorize staff to make public notice and advertise and notify the public that the ordinance was enacted and to provide a 30-day post publication deadline for appeal.
Commissioner CARON moved to authorize the public notice and advertisement of the enactment of ORDINANCE 2022-02 as recommended. Commissioner NAGY seconded. The motion carried 4-1, with Commissioner Kutz opposed.
Maintenance Specialist Hiring
President Villone requested a motion to adopt RESOLUTION 2022-R-26, hiring Gregory A. Obin as a Maintenance Specialist for the Public Works Department, effective August 23, 2022.
Commissioner NAGY made the motion. Commissioner KUTZ seconded. 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.
Michelle Musser, 2925 Morningside Drive, expressed concern regarding noise disturbances originating from ADM Milling and railroad tracks running behind the neighborhood. She indicated an increase in train traffic and that trains are running all hours of the day and night. She also noted the sounding of a loud train whistle as well as screeching and banging noises in the middle of the night, which shakes her home. She suggested possible solutions of asking the mill to install a sound wall or to ask Norfolk Southern to limit hours of operation.
Joseph Swank, 3125 Morningside Drive, stated he has lived in Cressman Manor since 1972 and shared his view that the residents there are accustomed to significant noise levels living in a neighborhood so close in proximity to the railroad tracks, the mill, JDK catering and other businesses. He disputed the sentiment that the noise is causing any shaking to homes
He further asserted that residents were fully aware of what they were buying into with regards to noise levels when moving into the neighborhood.
Victoria Caparella, 900 S. 31st St., spoke on behalf of her parents, William and Flora Caperella, residents on Morningside Dr. and 31st St. in Cressman Manor, noting their home was one of the first ones built. She said that the railroad tracks and milling company existed prior to the neighborhood and that residents get used to the noise. She suggested ear plugs for those bothered by it.
Joyce White, 2720 Morningside Dr. noted she bought her home located right behind the mill in 1968. She said the noise is currently awful and much worse than it has been in many years. She added that her house shakes and that she cannot have the windows open.
Sharon Spears, 2910 Morningside Dr. noted her property backs right up to the railroad tracks. She also reported very late-night crashing noises and a shaking house. She noted that if there is anything the township could do to limit that kind of noise during those hours, it would be appreciated.
President Villone addressed the staff and asked if there is anything that can be done to assist. Mr. Vernau reported that he and John Eby had both spoken to and that he had written to the General Manager at ADM Milling.
Mr. Eby reported that the mill is in Camp Hill Boro. He spoke with the plant manager and says they have no control over the noise being generated by the railroad. There is a lot of noise when cars are being coupled or pulling away. At the mill, they are processing 24/7 with trucks in and out of the plant. He encouraged the manager to respond to Mr. Vernau with a written reply. He also noted he would call Norfolk Southern regarding the train whistle noise and suggested the possibility of being able to file a complaint with the Public Utility Commission.
Commissioner Kutz thanked members of the public for voicing their concerns. He expressed support for filing a complaint with the PUC to attempt to make things a bit better. He asked Mr. Eby if there were any noise ordinances that are impacted by the situation. Mr. Eby noted that the noise ordinance relates only to the doppler zones at crossings. He also noted that only the railroad would have the jurisdiction to install a sound barrier, and that it was unlikely they would incur that expense.
Commissioner suggested that staff could continue having conversations with the mill and with Camp Hill Boro and to inform the PUC about the noise issues as steps to attempt to address the concerns.
Further discussion ensued detailing the substantial increase in railroad traffic over the past five years.
Rick Applegate, 2861 Morningside Dr. noted that ADM Mill has their own track switcher and Norfolk Southern delivers and picks up. He noted that his observations have been that the noise is generated by switching the cars and slamming the cars together. He asserted that it is a personnel or lack of courtesy issue. He explained that the mill has two tracks that service just the mill and that Norfolk Southern has a through line.
Mr. Vernau referred to the letter written to ADM Milling. No correspondence back has yet been received. Mr. Eby met with the manager and suggested a written response be provided back to the township. He noted that conversations have been had with the mill relative to a possibility of halting overnight operations, which was not possible.
President Villone recommended pursuing additional efforts to understand what is going on to cause the noise and then move forward from there with possible discussion at a future meeting.
Mr. Eby also made available for concerned residents, the business card for the plant manager at ADM Milling.
PUBLIC WORKS DIRECTOR:
Award Beacon Hill Basin Retrofit Project
Ms. Davis introduced the item for discussion and possible action, to award the Beacon Hill Basin Retrofit Project.
She noted that Solicitor Miner would speak to the completeness and responsiveness of the bidders and the need to award to the lowest possible bidder. The projects are under a strict timeline to be approved immediately due to coordination of related grant funding.
Solicitor Miner reported that the lowest responsive bidder for the Beacon Hill Basin Retrofit Project was Stormwater Management LLC for $162,000.
Commissioner KUTZ moved to award the contract for the Beacon Hill Basin Retrofit Project to Stormwater Maintenance LLC in the amount of $162,000. The motion was seconded by Commissioner NAGY. Commissioner Nagy asked Director Davis to explain where the cost of the bids fell within the budgeted amount for the projects. Director Davis confirmed that the bids fall within the budgeted range of $250,000 for both projects. She also confirmed prior satisfactory experience with the selected bidder. The motion carried 5-0.
Award Sheepford Basin Retrofit Project
Ms. Davis introduced the item for discussion and possible action, to award the Sheepford Basin Retrofit Project.
Solicitor Miner reported that the lowest responsive bidder for the Sheepford Basin Retrofit Project was Columbia Excavating LLC for $76,068.62.
Commissioner KUTZ moved to award the contract for the Sheepford Basin Retrofit Project to Columbia Excavating LLC in the amount of $76,068.62. Commissioner NAGY seconded. Responding to inquiry by Vice President Black, Director Davis noted no prior experience with the selected bidder but also noted no reason to have reservations upon a review of their work. The motion carried 5-0.
COMMUNITY AND ECONOMIC DEVELOPMENT
Brief overview of PA Act 537 Sewage Facilities Program and municipal responsibilities under the Act
Mr. Eby introduced the item for discussion. He presented a visual aid and overview of the PA Act 537 Sewage Facilities Program. He provided some background on the history of the law regulated by the Department of Environmental Protection. The intent of the law was to protect private and public drinking water and to ensure appropriate sewage disposal systems, both community and on-lot systems. He described the responsibilities that municipalities have under the law which include; develop comprehensive plans under the municipalities planning code, submit documents to DEP when there are new land developments proposed or changing conditions that materially impact the ability of the plan to provide for the required needs and the designation of a primary Sewage Enforcement Officer (SEO) and an alternate. Mr. Eby has served in that role for many years and a local SEO as the backup. He reviewed the primary responsibilities and duties of the SEO, which include soil suitability evaluation, disposal system design review, permitting and inspection of systems, resolution of complaints and violations in accordance with DEP regulations.
Mr. Eby noted that the township has public sewage disposal facilities. The Lower Allen Township Sewer Authority, which is authorized by the Board of Commissioners, owns, and maintains the conveyance, collection, and treatment system in accordance with DEP and federal EPA regulations.
Next, he presented the status of the township’s Act 537 Plan, which was approved in 1990. It contains the usual comprehensive planning components that evaluate system conditions and expected needs. He reviewed certain plan areas proposed for expansion by developers. There are two areas in the township expected to be long term on lot systems, including the state prison property and the quarry, as well as an area along Thompson Lane and Sheepford Road.
In 2014, staff reviewed the 1990 plan and analysis concluded that assumptions seemed to be holding that developers were extending sewers into the areas anticipated with little to no growth around on lot sewer systems.
Most recently, the Sewer Authority, in 2022 released a study looking at four areas in the township with existing on lot systems that might need attention prior to developers extending the system. The top priority identified was the area between Yellow Breeches Creek and the turnpike, between Valley Road and the 1600 and 1700 blocks of Sheepford Road, affecting 38 homes. He noted he would be providing his SEO perspective to the Sewer Authority at an upcoming meeting on September 1, 2022.
Concluding his presentation, he noted the upcoming change to his status as SEO. He reported that he and the Assistant Manager would be meeting with prospective consultants who could provide ongoing services, with the addition of retaining the existing alternate.
Resolution 2022-R-27 Sewage Facilities Planning Module DEP Resolution for Lot 16 of the Sheepford Road/Sadie Lane Subdivision
Mr. Eby introduced the item for discussion and possible action, noting it was the first new development with an on-lot sewage disposal system in many years. There is one lot physically separated and geologically isolated from the rest of the development that requires on-lot sewer and requires the plan to be amended through a planning module process.
Commissioner KUTZ moved to adopt RESOLUTION 2022-R-27. Vice President BLACK seconded. The motion carried 5-0.
President Villone asked about the existence of any township monitoring of maintenance contracts for on lot systems. Mr. Eby noted that DEP has not mandated that the township adopt a maintenance program.
Acceptance of Arcona Overall Master Plan Update
Ms. Erin Trone presented the item for discussion and possible action. Charter Homes is updating their Overall Master Plan (OMP). She noted that staff had interest in the recreation components.
Mr. Anthony Faranda-Diedrich from Charter Homes and Neighborhood presented the updates to the OMP. The updates were illustrated on a map which showed the various areas planned for development, and included the plans for residential neighborhoods, commercial development, recreational, and open space.
Focusing on the addition of a comprehensive recreation open space plan to the OMP, he reviewed both the existing and the planned recreational and open space areas, highlighting the network of walking and hiking trails throughout, the recently completed railroad crossing, active and passive recreation areas, parks, and a connection to Winding Hill Park in Upper Allen Township. He also reviewed the upcoming construction of a swimming pool, small open-air clubhouse, and a community building. He said the intent of the plan was to maximize the linear open spaces and connect trails to gathering places for passive and active recreation.
Commissioner Nagy noted that the Recreation and Parks Board had included a summary of comments in the meeting packet.
President Villone expressed some concern regarding the size of the swimming pool. Mr. Faranda-Diedrich noted the pool was 100×40 square feet and was appropriately sized for the number of residents expected to use it. The area encompasses about a half-acre and includes a deck.
Commissioner KUTZ moved to accept the update to the Arcona OMP. Vice President BLACK seconded. Vice President Black also expressed concern regarding the number of waivers requested in the past. Mr. Faranda-Diedrich noted that future changes to the plan have been designed to eliminate or avoid the need for waivers. The motion carried 5-0.
Major Subdivision and Land Development Plan SLD-2022-04 Arcona 8.2.
Ms. Trone presented the item for discussion and possible action. The plan includes 56 single family homes and 88 single family townhomes. She noted that staff had met with Charter Homes on several occasions to review concerns, which resulted in changes focused on walkability, the addition of lighting and addressing visibility challenges at intersections and the addition of crosswalks. The plan was recommended for approval by the Planning Commission in July. The Recreation and Parks Board also provided comments.
Mr. Faranda-Diedrich presented a broad overview of the plan for the southern extension of the existing neighborhood which is currently under construction. It is a mix of single-family and townhomes and includes a swimming pool. The property climbs in elevation from east to west. He noted that three of the seven waivers were being withdrawn, including those listed in items C, E, and F.
Commissioner Nagy asked for assurances that the HOA had the capability to be fully responsible for road maintenance. Mr. Faranda-Diedrich noted that the HOA was already maintaining the private roads within the Arcona neighborhoods through agreements of a third party. He gave assurances that the association was robust and well equipped to fulfill its roles and responsibilities regarding road maintenance and snow removal.
Additional discussion ensued regarding the structure and hierarchy of the HOAs within Arcona. It was noted that the master association was responsible for larger infrastructure items such as roads, stormwater basins, trail maintenance and the swimming pool, while neighborhood specific associations addressed issues to their phase within the development.
Approval of Waivers
Vice President Black and Commissioner Nagy both voiced concern over the number of waivers, noting it was important to understand both the definition and intent of the waivers.
Vice President BLACK moved to approve waiver from section 192-24.C requiring a Preliminary Plan be submitted. Commissioner KUTZ seconded. The motion carried 5-0.
Commissioner KUTZ moved to approve waiver from section 192-57. B(2((b) requiring lots to have frontage and access to a private/public street. Commissioner CARON seconded. The motion carried 4-1, with Commissioner Nagy opposed.
Commissioner KUTZ moved to approve waiver from section 192-57.C(1) requiring 50′ Wide Street Right-of-Way. Commissioner CARON seconded. The motion carried 4-1, with Commissioner Nagy opposed.
Following some discussion regarding Charter’s request to pull a waiver request requiring offsetting streets to be at least 150 feet from the closest intersection, Commissioner KUTZ moved to approve that waiver from section 193-57.C(6)(b)(3)(a)(i). Commissioner BLACK seconded the motion. Commissioner Caron asked staff to weigh in on the waiver request. Ms. Trone noted that, by our definition an intersection will still exist, so Charter would still need a waiver to keep their current design.
At President Villone’s request, the Secretary called the roll:
President Villone No
Vice-President Black Aye
Commissioner Caron No
Commissioner Nagy No
Commissioner Kutz Aye
The motion failed 3-2, so this waiver is not granted.
Vice President BLACK moved to approve waiver from section 192-63.A(3) – Requiring curbing to meet PennDOT Pub 408 standards. Commissioner KUTZ seconded. The motion carried 5-0.
SLD-2022-04 Arcona 8.2
Ms. Trone noted the approval required a revision due to the failed waiver from section 193-57.C(6)(b)(3)(a)(i) requiring offsetting streets to be at least 150 ft from the closest intersection.
Commissioner KUTZ moved to approve SLD-2022-04 Arcona 8.2 with conditions and an additional condition:
i. Township has received the Improvement Guarantee and signed Developer’s Agreement
ii. PennDOT records the HOP
iii. Recreation and Parks Board’s comments have been adequately addressed
iv. Recreation fees are received
v. Board acceptance of the Overall Master Plan
vi. REVISION – Additional conditions to reflect those driveways being more than 40 feet from intersections and resolution of the issue regarding offset streets being 150 feet from the closest intersection. Resolution of the issue should include a discussion with township staff regarding whether a waiver is needed, as well as snow removal.
Commissioner NAGY seconded. The motion carried 5-0.
PUBLIC SAFETY
2023 Patrol Car replacements
Mr. Vernau introduced the topic for discussion and consideration, to approve ordering scheduled 2023 patrol car replacements prior to the 2023 Budget approval. He explained that while the purchase is included in the budget for 2023, the vehicles are becoming more expensive and challenging to find in terms of availability. Staff requests permission to move forward with ordering the vehicles, with a note from the seller that the purchase can be withdrawn if the FY2023 budget were not to be approved.
Commissioner CARON moved to approve the ordering of the scheduled 2023 patrol vehicles, with final purchase conditioned on the approval of the budget. Commissioner KUTZ seconded. The motion carried 5-0.
MANAGER
Resolution 2022-R-28
Mr. Vernau presented the item for discussion and possible action for the approval of RESOLUTION 2022-R-28, permitting encroachment into the public right-of-way of the privately-owned BR 257, commonly known as the Sheepford Road bridge. He explained the request came from York County to the West Shore Historical Society, who were the recipients of the grant to refurbish the bridge. Prior to release of the funding, they would like assurance that local municipalities accept that the privately owned bridge encroaches onto the township road.
Janice Lynx, Executive Director of the West Shore Historical Society noted that the bridge will not be privately owned until the completion of the rehabilitation project. She explained that the agreement being negotiated with York County includes the request for the resolution.
Commissioner KUTZ moved to approve RESOLUTION 2022-R-28. The motion was seconded by Commissioner NAGY and carried 5-0.
Authorize staff to advertise Ordinance 2022-04
Mr. Vernau presented the item for discussion and possible action for the advertisement of ORDINANCE 2022-04, amending Chapter 197-64, related to the recently passed Act 57 addressing tax discounts and late penalties for recently sold properties. An ordinance has been drafted by the solicitor and staff is seeking approval to advertise the ordinance. Mr. Miner noted the statute was enacted on July 11, 2022 and becomes effective October 9, 2022.
Commissioner KUTZ moved to authorize the staff to advertise ORDINANCE 2022-04. The motion was seconded by Commissioner CARON. The motion carried 5-0.
West Shore Recreation Commission 2023 Budget
Mr. Vernau presented the item for discussion and possible action for the approval of the West Shore Recreation Commission’s 2023 Budget and Lower Allen’s per capita rate of $3.00. He noted that the per capita fee was unchanged, however the population has increased per the 2020 census. Commissioner Kutz asked whether the per capita included the population at SCI Camp Hill. Mr. Vernau replied that it did not.
Commissioner CARON moved to approve the West Shore Recreation Commission’s 2023 Budget and Lower Allen’s per capita rate of $3.00. Commissioner NAGY seconded. The motion carried 5-0.
Act 74 changes to the fireworks statute
Mr. Vernau presented the item for discussion, noting recent changes in the law regarding fireworks. Mr. Miner summarized the new law, noting the primary difference was that municipalities could require permits for usage and can limit times through ordinance, as to when fireworks may be used.
Commissioner Kutz said the only worthwhile change was to restrict the permissible time and dates for the use of fireworks. Director Holl noted that the issue was problematic to enforce, but that the public safety department would consider it and provide some feedback. President Villone said that if the Board was interested in incorporating any changes into the ordinance, they would revisit the issue in the fall.
COMMISSIONER REPORTS
Director Holl reported that a draft of the Memorandum of Understanding for the SRO position for West Shore School District had been shared with the superintendent and noted that Fairview Township is supportive. The school district has requested a meeting and have communicated the intent to have an SRO at each high school, likely starting in fall of 2023. The MOU is anticipated to go before the school board of directors in September.
Commissioner Nagy expressed his thoughts on the earlier discussion on Arcona, noting his concern to prevent problems for future residents and township staff and boards. He also thanked all Lisburn Festival volunteers, specifically acknowledging volunteers from both the Lisburn and Lower Allen Fire Companies.
Commissioner Kutz shared his enjoyment of the Lisburn Festival, and his appreciation to all five commissioners for their participation as volunteers. He also remarked on the breadth of volunteers from the community to support the fire departments.
Commissioner Caron echoed all the same sentiments about the festival, noting it was a great opportunity to be part of the community.
Vice President Black thanked all the staff for their work in preparing for the detailed meeting discussion.
President Villone reiterated appreciation of the festival, and noted it was likely a record year for participation.
EXECUTIVE SESSION
President Villone noted the board would adjourn to executive session to discuss a personnel matter.
ADJOURNMENT
At 9:25 p.m. President Villone announced the meeting adjourned.