MINUTES

BOARD OF COMMISSIONERS LOWER ALLEN TOWNSHIP

REGULAR MEETING                                          AUGUST 24, 2015

The following were in ATTENDANCE:

BOARD OF COMMISSIONERS                                                TOWNSHIP PERSONNEL
H. Edward Black, President                                                    Thomas G. Vernau Jr., Township Manager
Peddrick M. Young, Sr, Vice President                                   Erin Trone, Assistant Township Manager
Lloyd W. Bucher                                                                      Frank Williamson, Director of Public Safety
Richard F. Schin                                                                      Daniel Flint, Community Development
John T. Titzel                                                                          John Eby, Building and Zoning Coordinator
                                                                                               Steven P. Miner, Solicitor
                                                                                               Julie Echterling, Recording Secretary

 
President Black called the August 24, 2015 Regular Meeting of the Board of Commissioners to order at 7:00 pm followed by a prayer and the Pledge of Allegiance. He announced Proof of Publication was available for review.

APPROVAL OF REGULAR MEETING MINUTES
Commissioner SCHIN moved to approve the minutes for the August 10, 2015 regular meeting. Commissioner TITZEL seconded the motion. Motion carried 5-0.

AUDIENCE PARTICIPATION: ANY ITEM ON THE AGENDA
President Black inquired if anyone in the audience wished to address any item appearing on the agenda. Mr. Mark Shrift asked to talk about item 8b and Mr. Faranda-Diedrich for item 8c & 8d.

CONSENT AGENDA
President Black advised that any Commissioner, staff member, or anyone in attendance could request any item on the Consent Agenda be removed for further discussion and asked if there was such request. Commissioner Schin asked item 5b be pulled for discussion.

Commission BUCHER moved to approve the items on the Consent Agenda as submitted, those items being the following:

a. Department Reports for the month of July for Economic Development, Township Engineer, Fleet Maintenance, Public Safety, and Public Works.

c. Resolution 2015-R-22, a Resolution of the Township of Lower Allen, Cumberland County Pennsylvania, authorizing the sale of Township property valued over $1,000.00.

Commissioner SCHIN seconded the motion. Motion carried 5-0.

Commissioner Schin asked some questions about job titles and descriptions. Mrs. Trone and Mr. Eby answered his questions and concerns.

Commissioner SCHIN moved to approve the items on the Consent Agenda as submitted, those items being the following:

b. Resolution 2015-R-21, a Resolution of the Township of Lower Allen, Cumberland County Pennsylvania, adopting job descriptions for all employees of Lower Allen Township.

Commission BUCHER seconded the motion. Motion carried 5-0.

PRESIDENT BLACK
Approval of Check Registers
Vice President YOUNG made a motion to approve the Check Register of August 21, 2015 in the amount of $147,415.39. Commissioner TITZEL seconded the motion. Motion carried 5-0.

Invoice No. 1 for construction of the new Accessory Storage Building.
Vice President YOUNG made a motion to approve payment of Invoice No. 1 to B and B Pole Buildings Co. in the amount of $61,497.50 for construction of the new Accessory Storage Building. Commissioner TITZEL seconded the motion. Commissioner Bucher asked if the change order would put the project over budget. Mr. Flint stated they are still within budget. Motion carried 5-0.

Release of Security Improvement for SLD Docket No. 2012- 01
Commissioner SCHIN made a motion to approve release of Security Improvement for SLD Docket No. 2012- 01, Final Land Development Plan for Supply Chain Facility, 2700 Yetter Court. Commissioner BUCHER seconded the motion. Motion carried 5-0.

ANY BUSINESS PERTINENT TO THE TOWNSHIP
Janice Lynx, 2036 Sheepford Road, thanked those who have been trying to help with the issues at Yellow Beeches Park. She spoke about the ongoing issues including 36 cars being parked at one time, wood fires, parties with up to 100 people, tire marks in her yard and coals dumped in the creek. She stated there are parties all week not just the weekend. She spoke about how she can’t use their own property because of this issue. She spoke about how the park is outlined on the website as a passive recreation park. She spoke about two articles printed in the paper about this park with one in October 2007 and one in July 2013. She stated she doesn’t want to have to call the police all the time and is afraid of confrontation as some of the people from the parties are on her property. She suggested closing the park until a solution can be worked out versus closing it in October.

Chief Williamson spoke about the increased patrols but cautioned he doesn’t have the staff to be there from noon to 8pm. He stated if his officers see issues they address them. He agreed with the suggestion of closing the park as long as it is done legally and is enforceable for his officers. President Black asked about limiting the number allowed. Chief Williamson spoke about the difficulty of determining who was there first and how many are part of what party. Mr. Vernau discussed the steps taken to date including a wooded guardrail being constructed, signs for loading of 15 minutes, taking down the robe swing, and crews not cutting back the trail to discourage partiers. He also spoke about the gardens that are accessible in this park. Solicitor Miner agrees with the closing of the park but stated it would be closed to all including boaters.

Dino Sorbello, 2036 Sheepford Road, believes this is an issue of breaking rules versus discrimination. He agrees with closing the park and keeping the gardens open. He believes the park should be closed and reopened in the spring.

Mr. Vernau stated there is a Recreation & Parks Board meeting Wednesday and he will speak to them. Chief Williamson spoke about a regulation where a Chief of Police can issue a special order for 90 days to restrict parking which could be used until an ordinance can be approved. Mr. Vernau stated if they close the park then a warning could be given the first time and then a citation. President Black agreed with closing the park but keeping the garden open. Discussion ensued. The Board agreed with the special provision for parking suggested by Chief Williamson.

Commissioner BUCHER made a motion to close the Yellow Breeches Park except for the garden plots effective immediately until further notice. Vice President YOUNG seconded the motion. Motion carried 5-0.

COMMUNITY DEVELOPMENT
Conditional Use Permit application 2015-01, Cellco Partnership d/b/a Verizon Wireless
Mr. Eby discussed the Conditional Use Permit application 2015-01, the application of Cellco Partnership d/b/a Verizon Wireless, requesting permission to construct a personal wireless service facility on Tax Parcel No. 13-11-0272-010, a vacant lot located in the 3700 block of Lisburn Road owned by NAEWON Limited Partnership. The facilities would consist of a 150 foot tall monopole with a 5 foot tall lightning rod, antennas and an equipment shelter. He showed the Board the location of the proposed pole. Discussion ensued.

Commissioner BUCHER made a motion to authorize staff to forward the Conditional Use Permit application 2015-01 to the LAT Planning Commissioner for review and comments to the BOC, establish a public hearing date of October 26th at 6pm, and authorize staff to publish public notice for the hearing. Commissioner SCHIN seconded the motion. Motion carried 5-0.

Discussion: Drainage Plan No. DP 2015-02, Track Renovation Project at Trinity High School.
Mr. Flint showed the Board the location of the Track Renovation Project at Trinity High School. He spoke about the plan and the changes needed to the stormwater management for the facility. He stated the Township did have comments on the plan.

Engineer Mr. Mark Shrift spoke about the changes to the track including extending the starting lines and bleachers to improve the safety conditions for the runners. He stated he has received the Township’s comments and will address them. He stated because of funding restrictions for this project they have relocated the football games this season and are pressed on time to complete this project. He is asking for approve today as the next Board of Commissioner’s meeting is in three weeks. Mr. Flint stated there were no major comments.

Vice President YOUNG made a motion to approve the Drainage Plan No. DP 2015-02 for the Track Renovation Project at Trinity High School pending satisfaction of the Township’s comments. Commissioner SCHIN seconded the motion. Motion carried 5—0.

Performance Bond for the Realignment of Lisburn Road and Arcona Road
Mr. Flint discussed SLD Docket No. 2014-01, Final Subdivision and Land Development Plan for Highpoint, Phases 1.1, 1.2 and 1.4 and a request from Charter Homes to increase the amount of the Performance Bond for the Realignment of Lisburn Road and Arcona Road from $93,365.00 to $368,000.00 and name PennDOT as an additional beneficiary. Mr. Bucher asked about the Rossmoyne/Lisburn roundabout. Mr. Flint stated the bid for that roundabout will go out in July 2016 with HATS providing $750,000 in construction costs. He stated there will be a memo of understanding with Charter Homes, outlining their obligation for any costs over the HATS $750,000.

Commissioner SCHIN made a motion to approve the SLD Docket No. 2014-01, Final Subdivision and Land Development Plan for Highpoint, Phases 1.1, 1.2 and 1.4 request from Charter Homes to increase the amount of the Performance Bond for the Realignment of Lisburn Road and Arcona Road from $93,365.00 to $368,000.00, and name PennDOT as an additional beneficiary. Vice President YOUNG seconded the motion. Motion carried 5-0.

Highpoint SLD Docket No. 2015-06: Revised No. 2 Final Land Development
Mr. Flint discussed the second revision for SLD Docket No. 2015-06: Revised No. 2 Final Land Development: Highpoint, Phase 1.4, proposing an increase in the number of Mixed-Use Residential units from 17 to 26, and an increase in the amount of commercial space from 16,252 sf to 18,503 square feet. He stated they are able to add to the plan based on the roundabout changes. He stated Charter is asking for a deferral on sidewalks in two areas which will be constructed in another phase. He stated this should be ready for action next meeting.

Request to waive permit fees
Mr. Eby discussed his request to waive permit fees for 38 multi-family owners at Wesley Mews Condominiums who will be directed to make alterations and repairs to their individual automatic fire sprinkler systems. He stated there was no statewide code or code official certification program until 2004. He spoke about how the Township relied on and accepted the certificates from outside experts in the industry. He stated they recently discovered the sprinkler system contained some design/installation/ water supply deficiencies. He spoke about the backflow prevention issue and issues with PA American Water Company. He stated the estimated repairs could be $10,000 per unit. He asked for the permission to waive the $100 fee for the residents to help with this issue. Commissioner Schin spoke about how this should have been caught and that someone other than those residents should have to pay for this repair. Mr. Eby explained the history of how inspections were done when the building was built versus now. Discussion ensued.

Commissioner BUCHER made a motion to waive the Uniform Construction Code application and permit fees for 38 multi-family dwelling unit owners at Wesley Mews Condominiums for the alterations and repairs for their individual automatic fire sprinkler system. Commissioner SCHIN seconded the motion. Motion carried 5-0.

MANAGER
West Shore Recreation Commission’s 2016 Budget and Per Capita rate.
Mr. Vernau discussed the West Shore Recreation Commission proposed Per Capita rate for 2016. He stated the Township’s contribution would be the same as 2015 of $36,155. Commissioner Schin thanked President Black for his hard work with the Commission. President Black stated he credit goes to their staff who are working on increasing the revenue resources.

Vice President YOUNG made a motion to approve the West Shore Recreation 2016 Budget and Per Capita Rate. Commissioner SCHIN seconded the motion. Motion carried 5-0.

President Black asked if the Board would consider withdrawing the letter sent to the Commission advising them the Township would be withdrawing that was sent last year.

Commissioner SCHIN made a motion to withdraw the letter sent last year withdrawing for 2016. Vice President YOUNG seconded the motion. Motion carried 4-1.

Public Safety Director Search Consultant proposal.
Mr. Vernau discussed Mr. Kelly’s request to withdraw his proposal because of a conflict of interest with the PA Chief’s Association. He stated the Board could award the project to Waters & Company or rebid. Vice President Young stated he doesn’t think the Board should award the project to Waters & Company because it is too expensive. He stated it should be rebid. He stated it could be rebid and in the meantime the Assistant Manager Mrs. Trone could be interim Public Safety Director with the captains of EMS, Fire and Police reporting to her. Mr. Vernau stated he is against Mrs. Trone being the interim Public Safety Director with her workload and he could do the job if necessary. Discussion ensued.

Commissioner BUCHER made a motion to award the contract for Public Safety Director Search Consultant to Waters and Company. Commissioner SCHIN seconded the motion. Motion carried 4-1, with Commissioner Young opposing.

Mr. Vernau discussed the saving options with video meetings versus in-person meetings, which could take down the cost to around $27,000. He stated the budget has $10,000 for the search and the rest could be budgeted and paid in 2016. Discussion ensued. The Board agreed with option three for $27,000. Mr. Vernau will contact them to obtain a revised contract.

COMMISSIONERS REPORTS
Mrs. Trone spoke about progress of the new building being constructed.

Commissioner Schin spoke about a letter received from the Neighborhood Dispute Settlement. He asked for an executive session next meeting to discuss the appointments in January’s reorganization meeting.

Commissioner Bucher congratulated the Red Land Little League on their achievement. President Black asked a resolution be done for the team and put on the agenda for next meeting.

Mr. Eby discussed the park at Messiah College and the issues they are experiencing similar to Yellow Breeches Park. He spoke about the restricted parking they started which should help.

Mr. Flint provided an update on paving projects.

President Black stated he thinks closing the park should help with enforcement.

ADJOURNMENT
The Regular Meeting of the Board of Commissioners adjourned at 9:26 pm.