UPPER ALLEN TOWNSHIP · 3/19/2014 · Helfrick, Danny Kessler, Sam Moyer, and Zach Waldman from...

Minutes of March 19, 2014 BOC Meeting

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UPPER ALLEN TOWNSHIP MINUTES OF BOARD OF COMMISSIONERS MEETING 2

MARCH 19, 2014 – 6:30 P.M. COMMISSIONERS TOWNSHIP OFFICIALS Kenneth M. Martin, President Lou Fazekas, Township Manager Paul M. Rigney, Vice President Scott Fraser, Assistant Manager Virginia M. Anderson, Assistant Secretary James Adams, Police Chief Richard A. Castranio, Jr., Assistant Secretary Jennifer Boyer, Staff Planner James G. Cochran, Assistant Secretary Barry Cupp, Sewer Department Manager Stephen Feinour, Township Solicitor James Salter, Fire Chief Dennis Zerbe, Treasurer (absent) President Martin called the Board of Commissioners regular meeting to order at 6:30 p.m. A moment of silence was observed, and The Pledge of Allegiance was recited by all. Roll Call was taken by Mr. Fazekas.

CONSIDERATION/APPROVAL OF MEETING MINUTES President Martin asked for any comments or corrections to the Minutes of the February 19, 2014 Board of Commissioners meeting. There were none, and Commissioner Anderson made a MOTION to approve the Minutes of the February 19, 2014 Board of Commissioners meeting, SECONDED by Vice President Rigney. The motion carried unanimously.

PRESIDENT’S ANNOUNCEMENTS

President Martin noted that the Board of Commissioners held a short Executive Session prior to tonight’s meeting to discuss a personnel matter which will be addressed later in the evening.

PRESIDENT’S RECOGNITION OF VISITORS

President Martin recognized the following boy scouts, who were in attendance to fulfill the requirements for their “Citizenship in the Community” and “Communications” merit badges: Clay Helfrick, Danny Kessler, Sam Moyer, and Zach Waldman from Mechanicsburg Senior High School and Caleb Clawser, Dean Maxwell, Ryan Neely, Chris Sabatini, and Andrew Waldman from Mechanicsburg Middle School. President Martin commended the scouts and said he is impressed with their efforts. He pointed out that they will be the next generation of leaders. Rick Shell, Associate Pastor of Immanuel Church, presented an appreciation plaque to Chief Adams, who commented that the Police Department has developed a relationship with Pastor Shell and others from the church. He said he was supposed to attend the church service on January 26 to receive the plaque but got sick and couldn’t attend. He said Pastor Shell was diligent about presenting the plaque in public, so he was invited to attend tonight’s meeting. Chief Adams said he appreciates the fact that the church has reached out and taken the officers under their wing. President Martin thanked him for the presentation.


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Joel McNaughton, of McNaughton Properties, LP, provided an update on the status of ongoing improvement projects as a follow-up to the March 5 Board meeting. He said the sanitary sewer interceptor installation was completed on March 11 and restoration work will continue as conditions permit. This will include completion of the park trails located on top of the sewer line, although he is not sure of the timeframe because the ground is still very wet. He said the deadline is October of 2014 and it will be finished well before then. The fencing installation is scheduled to be completed between March 31 and April 11. All materials have been stored since the fall of 2013 awaiting conditions conducive to installing it. Regarding the recreation building, Mr. McNaughton said he received a copy of the punch list and had the building architect review it. He read a March 17, 2014 email from the architect to Building Inspector Frank Grottola, which indicates that the punch list items have been completed for some time, and that right after their completion the snow storms began which would not allow them to properly check the door closures. The architect expressed particular concern about a comment related to the sun tubes being dropped. He noted that he visited the site and saw Township Parks Supervisor Scott Shepler. They went over the building and he thinks everything is covered. The skylights are intact but Mr. Shepler did point out a couple inches of masonry joint near a counter door that broke out over the winter. Whenever the weather breaks, he indicated that he will have the mason take care of it. He offered to meet with Mr. Grottola at the site to take another look. Mr. McNaughton noted that all items have been addressed except for a new item not listed on the original list, but that item will be taken care of. He said he regrets that he was not aware of this information at the March 5 Board meeting; however, he said the purpose of his appearance tonight is to keep the Board informed of the completion and/or ongoing status of the projects. Mr. McNaughton said keeping the Board informed is of paramount importance to the applicants, and he said in light of some things they have been working on recently, his update is demonstrative of the successes that McNaughton and the Township can have when they work together. In working on annual PRD reports, Mr. McNaughton said it has become evident to him all that has been achieved. Highlights include adding $20 million in value to the Township tax rolls since Orchard Glen has been open and they anticipate about another $6 million will be added with the completion of Phase 3. Tax revenue for the Township is about $36 million per year. Transfer taxes on that value is about $100,000, and the people that live in those houses work to pay their mortgages and as a result their earned income tax, based on an annual income of $100,000, generates about $32,500 for the Township. Fees generated during the three-year life of the project include about $150,000 in building permit fees, $243,000 in sewer reservation fees, $60,000 in sewer inspection fees, and $102,000 in site inspection fees, for a total of $550,000 in fee revenue over the last three years. Aside from the monetary things, Mr. McNaughton noted that they have regraded the soccer field, installed walking trails, constructed a community recreation building, and will soon complete the fencing and the installation of basketball courts at the park. They are also preparing to finalize the dedication of a 12.13-acre expansion of the E. Winding Hill Road park. He said he thinks it is extraordinary and thinks it shows that when both parties work together, even with bumps along the road, they have been able to do some good things for the Township. He said they have appreciated working with the Board of Commissioners and staff and want to continue to strive to be the best asset they can be to the Township, and they hope we can continue to work together and continue to generate positive things for the Township.


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Commissioner Cochran thanked Mr. McNaughton for addressing the issues promptly, noting that he appreciates it. Commissioners Anderson also agreed, as liaison with both Planning & Zoning and Park & Recreation, that communication is key. President Martin thanked Mr. McNaughton for taking the time to come out tonight.

CONSENT AGENDA

Vice President Rigney made a MOTION to approve the Consent Agenda as follows, SECONDED by Commissioner Castranio:

Consideration/Approval of Staff Reports Consideration/Approval of Bills in the Amount of $1,324,975.84.

The motion carried unanimously.

PUBLIC SAFETY COMMITTEE

COMMENTS ON FIRE DEPARTMENT TRAINING

Chief Salter noted that he and Deputy Chief Shumberger attended the New York City Fire Department’s Fire Academy for high-rise classes. He said the training will be very beneficial in dealing with Messiah College and Messiah Village. President Martin mentioned that with the regulations as they are today, the off-duty training that our volunteers and employees need is staggering. He said it is important to note that the Fire Department takes the training seriously.

CONSIDERATION OF SERGEANT’S PROMOTION

Chief Adams noted that in June of 2013 a patrol sergeant retired, leaving a vacancy. The Board of Commissioners directed the Civil Service Commission to establish a current eligibility list for the position of Police Sergeant. The vacancy was advertised and all required testing for the position was completed. In February a current eligibility list was presented to the Board for their consideration, and the Board interviewed for the position prior to tonight’s meeting. President Martin added that the Executive Session held earlier tonight was to discuss the position. Commissioner Castranio made a MOTION to promote Officer Thomas Cuckovic to the rank of Sergeant in the Upper Allen Township Police Department with an effective date starting on April 1, 2014, with a one-year probationary period. SECONDED by Commissioner Cochran. The motion carried unanimously.


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PLANNING & ZONING COMMITTEE

CONSIDERATION/APPROVAL TO MOVE FORWARD AND SET PUBLIC HEARING DATE TO RECEIVE TESTIMONY FOR A ZONING TEXT AMENDMENT PETITION

TO PERMIT A SEMI-TRAILER PARKING LOT AS A PERMITTED USE IN THE INDUSTRIAL DISTRICT AND TO AMEND THE BUFFERING REQUIREMENTS

WITHIN THE INDUSTRIAL DISTRICT Attorney Charlie Courtney, of McNees, Wallace and Nurick, represented Mountaineer Properties, LLC, the applicant, to help solve a parking problem along Independence Avenue. He said trailers, particularly with the Reckitt Benckiser operation, are being parked on lots where they can find spaces. He said there is parking along Independence Avenue, which is not a great situation. The applicant has submitted an application for a text amendment to help solve the problem, to permit semi-trailer parking. A drawing was displayed and Mr. Courtney explained that the site is fairly constrained by a flood plain; however, he said they are looking at putting about 110 parking spaces on the site. He said there will be no buildings. The trailers that would be placed on the spaces would predominantly be empty although there could be some that are full, depending on demand. Mr. Courtney said the text amendment does three things: First, it permits semi-trailer parking lots in the Industrial (IN) district. He said semi-trailer parking is not currently permitted in that district, which he said is probably an oversight. He said many times you will see these lots in the business parks and warehousing areas because there isn’t always enough space within the warehouse property for trailer storage. Second, a definition of semi-trailer parking lot is added. Third is a provision that provides for the adjustment of buffer yards. The standard would be that the Industrial district would require a Type 3 buffer, which is the most dense buffer required under the Township’s subdivision and land development ordinance. He said that where Type 3 buffering is provided, the depth of the buffer yard can be reduced by 50% if berming is installed and the landscaping is put on the berming. He said buffering can be spatial, which is just a distancing separation, but what matters most in buffering properties is not the space, but what is done in the space. So the applicant is proposing berming with plantings on the berming to provide a meaningful buffer. He said the concept of reducing buffer yards is already recognized in the ordinance and is already recognized for parking lots. Mr. Courtney continued that the benefits of the text amendment are to help solve a problem along Independence Avenue and to help insure the long-term viability of the business park. He said the use is not in the ordinance for the Industrial district and it should be there. He said it is a fairly straight-forward amendment and he is here to ask to the Board to process the amendment. Commissioner Cochran commented that in reading the proposed ordinance it appears that there would be nothing preventing parking of any kind of trailer that may not be related to the warehouses, and may be filled with a hazardous material, with no requirement for people to know what is inside the trailer. He said this is being set up to encourage parking of trailers, and he is concerned about opening it up to parking any kind of trailer with no restrictions. He noted that it is also in an area of the Township where there seems to be issues requiring the need for police presence. He commented that parking full trailers may be a temptation, which is another issue that concerns him. Mr. Courtney responded that he anticipates that there will be changes in going through the process, but he wants to limit the number of redrafts, and he appreciates the feedback.


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Commissioner Anderson noted that although the applicant is asking for a text change, there are also two other directions that could be taken—a special exception which would have to go to the Zoning Hearing Board, or a conditional use, which is basically a special exception that falls within the jurisdiction of the Board of Commissioners rather than the Zoning Hearing Board. She said the text amendment or conditional use would require the Board to hold public hearings. Mr. Courtney agreed, commenting that it could either be permitted by right, special exception, or conditional use. However, he commented that although conditional uses or special exceptions are a tool, the better approach is to have standards that are actually in the ordinance. He suggested that this exercise may be to come up with performance standards for that particular use. Vice President Rigney questioned how much of the 18-acre site is in the flood plain. Mr. Courtney responded that the lot will be outside the flood plain, but at least 50% of the site is in the flood plain. President Martin questioned why the Township should have this use, noting Mr. Courtney’s earlier comment that we should have it. Mr. Courtney responded that these types of facilities are becoming more and more commonplace with industrial facilities and to have a successful business park where the buildings are kept occupied there has to be an outlet for this type of storage. He said it should be included in the ordinance because it is commonly found within these types of business parks and with warehousing, and because the Township wants to assure the long-term viability of that industrial complex. President Martin suggested that one of the things the applicant might think about as they answer questions at a public hearing is what the client will do to help maintain the viability of the lot; i.e., are they willing to have only road-ready inspected trailers there and are they willing to have trailers that sit no longer than six consecutive months, noting that he is aware of some of these facilities in other municipalities that appear to be nothing more than a graveyard for trailers. Vice President Rigney questioned the distance between this lot and the closest residential area, commenting that he wonders whether the trailers could be brought in at any time of the night and dropped. He said he doesn’t think the noise would be abated very much by the berming/buffering. Mr. Courtney responded that typically they would not be coming in at night, and more than likely there would be a jockey truck going back and forth. From an impact standpoint, he said it would be very low impact. In terms of traffic, he said it will essentially be a parking lot and would be very low intensity, particularly for an industrial site. He said it is a great use for that site, given the proximity of residential properties. He noted that it is already an Industrial district, and from an industrial use standpoint this is probably one of the lower intensity uses you will find. Commissioner Castranio noted that he will abstain from any vote on this issue because his firm is involved in the project. He asked whether trailers are allowed under our ordinance, in the Industrial zone, to be stored on the warehouse property. Mr. Courtney said they are allowed, because it is an accessory use. Here, there is no other use on the property because it is vacant, and putting trailers on it would be the principal use, and it is not currently listed as a principal use. Jason Grace, of Mountaineer Properties, commented that in terms of use, this would not be a public trailer drop lot that any kind of carrier can use for the night; it is specifically just a better organizational plan that will be leased directly to Reckitt Benckiser, and they will use it as an extended use of what they already do there, so product types, uses, hours of usage, would be in


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harmony with what they have already done for the last 15 years. Commissioner Cochran questioned what will happen if that lease expires and another person comes in. Mr. Grace responded that the Board would have to approve any new use. He said at some point they will probably have a building on the site, but for now, Mountaineer Properties was asked to try to solve the problem of the trailers stacked on the road which prevents trucks getting to the buildings because they get backed up at the security checkpoint. He said this is an idea to try to organize that, move them up the street and get them off the public street, and be able to have a staging line and bring them in as needed. He said in terms of the noise component, the Residential district that is abutting the Industrial district is already dealing with about 5 million square feet of warehousing and thousands of trailers, so he doesn’t think it will be much different than what already occurs there and is allowed there. Commissioner Cochran commented that although the Residential area does abut the Industrial district, those people are used to not having anything right there and they are not used to having a 50-foot buffer yard and berm between their properties and where the Industrial use would be, even though it is allowed. Mr. Grace said they will make sure that buffer is as dense as it can be since there is a definite separation between the uses there. President Martin suggested that they might think about some kind of deed or use restriction on it to assure that in the future the neighborhood and the Board of Commissioners are not encumbered by a different use than they anticipate now. Commissioner Anderson said she thinks it is prudent for the Board to look at which of the three options they think will be most effective for the Township. Mr. Courtney commented that there is really only one option—the text amendment—because the use is not allowed. He said there is no place in the Township’s ordinance that addressed trailer parking currently. Commissioner Cochran questioned whether staff has had time to review the request and make a recommendation. Acting Community Development Director Mike Welt responded that they have no recommendation at this time, and have not discussed the proposal or its options with the Township’s Engineer. Mr. Fazekas noted that he did meet with Alpha Consulting Engineers to discuss the project and they did note that they were looking at doing some sort of a text amendment. He said the proposal made sense at the time because of the problems on Independence Avenue. At this point, he said the best thing to do may be to go ahead and schedule the public hearing and, based on the testimony at that time, the Board can decide if this is in fact the way they want to go or if want to look at other options. He said he doesn’t think this meeting is the right place to go into detail about some of the other options. He said they only looked at this particular use, not other uses that could potentially go in there. Commissioner Cochran questioned what assurance the Board has that it won’t turn into more storage for the lessee and there will still be trailers out on the street. Mr. Grace said there will be 110 less trailers on the streets, and Chief Adams confirmed that although he is not sure of the exact number, it does get very congested. Commissioner Cochran questioned what would stop them from putting another 50 back on the street even with the lot. Mr. Courtney said the lot will be created to be utilized rather than allowing the trailers to park on the street because it’s too far for them to go. He said he doesn’t want to hold a public hearing on an amendment that will have to be changed, and that as they go through the planning process, as they talk with staff, and as they work with the Planning Commission, the amendment is likely to change and what they will probably have to do is develop performance standards for semi-trailer parking lots which can help to address some of these issues. He said he can’t guarantee that someone won’t park a trailer on Independence Avenue, but what they know today is that there is a problem there and this is a solution to alleviate the problem. He said the proposal is not to have any net increase in trucks, but is to address an existing problem based on existing volume and anticipated volume at Reckitt Benckiser. For them to get to a point where they


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are having a discussion about standards and about taking the concept and moving it to a point where there is an ordinance that all are comfortable with, he asked the Board to move it forward to the Planning Commission. Commissioner Anderson asked Solicitor Feinour whether the Board could make any changes to the text amendment based on comment from the public at a public hearing, or whether another public hearing be required. Solicitor Feinour responded that if there is a modification to the ordinance as advertised, the Board would have to have at least one more hearing before it could be adopted. But as Mr. Courtney mentioned, he said there must be a starting point from which to move forward. He said once the definition and standards are included, the question then becomes whether to allow it under Table 16 as a permitted use, as a special exception, or as a conditional use. Personally, he said he wouldn’t favor a special exception because he doesn’t think it should be turned over to the Zoning Hearing Board. As Mr. Courtney says, he said the standards would hopefully address any concerns. He said his first thought when looking at the request was that it not become a parking lot for over-the-road haulers who aren’t serving the terminal and are just parking their running trucks there all night long to sleep, which would be a problem. Mr. Courtney said he prefers that the Board act to forward it to the Planning agency so the discussion can begin rather than scheduling a public hearing date tonight. He said there are two standards involved—first, if you make changes after the public hearing, then another public hearing may be required; second, and more problematic, is that the MPC (Municipalities Planning Code) says that the proposed amendment must have been reviewed by the Planning agency. Therefore, he said if they go to the Planning Commission and they like the concept and the standards are all worked out, he can’t then go to a hearing because the ordinance must be revised and sent back to them again before it goes to a public hearing. He said it will take a couple of Planning Commission meetings but said he appreciates the Board’s input because now they know what issues to address in the draft of the text, and he will ask the Planning Commission for the same thing. He said when he feels that the content of the text amendment is getting close to being finalized, he will ask the Board to consider scheduling a Public Hearing. With no further discussion, President Martin directed the request for text amendment to the Township and Cumberland County Planning Commissions to continue the process. He also encouraged the applicant to be in touch with the Township staff, Engineer and Solicitor for their input. Commissioner Anderson noted that the information has already been sent to Cumberland County. President Martin questioned whether the new language would be applicable to any real estate within the Industrial district if a text amendment is adopted, and Solicitor Feinour responded that it would be. President Martin then encouraged staff to get the information out on the Township website to try to get as much public input as possible, even during the planning process. He asked them to spread the word now so if the public is interested they are given an opportunity for input ahead of any public hearings.

PUBLIC IMPROVEMENTS COMMITTEE

MS4/STORMWATER MANAGEMENT PUBLIC PRESENTATION

Township Engineer Jason Reichard, P.E. of C.S. Davidson gave a public presentation to satisfy an MS4 permitting requirement to hold a public meeting to discuss the actions the Township is taking in


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the MS4 program and to offer an opportunity for the public to participate and provide input. He introduced Derek Rinaldo, E.I.T., also of C.S. Davidson, who he said is conducting MS4 activities with numerous municipalities and has a great depth of knowledge on the MS4 program. Mr. Rinaldo gave a brief overview of what MS4 is, the goals of the program, why Upper Allen Township is a regulated MS4, and the specific permit requirements that Upper Allen has to demonstrate annually to DEP and EPA that the Township is meeting. Mr. Rinaldo commented that MS4 stands for “Municipal Separate Storm Sewer System,” which is a permit that regulates how the municipality discharges stormwater into the waters of the Commonwealth such as streams, lakes, etc. The permit regulates the Township’s conveyance systems—curbs, storm sewer piping, inlets, stormwater basins, etc. He said it is important to realize that this applies to storm sewers, not sanitary sewers, which are under a completely different permit. The goal of the permit is to protect not the rate, not the volume, but the quality of the water. He said a goal of the permit is to reduce the discharge of pollutants to the “maximum extent practicable” (MEP). He said the PA DEP developed a boilerplate permit and all regulated MS4s are running off the same permit, but Upper Allen’s program will look a lot different than the City of Harrisburg’s permit. He said that is where the MEP comes in. He said the Clean Water Act developed the Federal legislation to impose this. He said it is important to note that this is a Federal permit (EPA) that’s delegated down to DEP to operate. He said it is a DEP permit, but EPA still holds enforcement power over this permit. He noted that two years ago EPA came in and audited six municipalities, and all received hefty fines. He said they went after a lot of the big municipalities, to include the City of York, City of Harrisburg, Manor Township, and Swatara Township, mainly to set examples. Mr. Rinaldo displayed a map of Pennsylvania showing the level of permits held throughout the state. He noted that it is an EPA permit, but the reason a municipality is regulated or not is based on population. It is a density requirement and he said usually there is an urban center, which in this case is Harrisburg, and they determine that Harrisburg has met their minimum requirements for density. They then determine how dense the municipality is and how close it is to the urban center. He displayed a map of the Harrisburg urbanized area to illustrate this concept. He said sometimes there is animosity among the regulated MS4s towards the other municipalities who are not regulated. He touched on the methods of regulation. Mr. Rinaldo continued that each year the municipality must submit a report to DEP which designates compliance with six Minimum Control Measures (MCMs), as follows:

1. Public Education and Outreach on Stormwater Impacts – educating the public on stormwater impacts, good practices, good housekeeping, and how they can be good stewards of the watershed

2. Public Involvement/Participation – public meetings to educate and get the public involved in the discussion and involved in the permit that the Township currently holds

3. Illicit Discharge Detection and Elimination (IDD&E) – this requirement is having a storm sewer map and knowing where all the facilities are that are regulated by this permit,


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performing regular inspections of those facilities, and ensuring that there is no pollution entering those facilities.

4. Construction Site Stormwater Runoff Control – the Township doesn’t have much responsibility for this – it is E&S Control, regulated under Chapter 102 and enforced by the County Conservation District – the issuing of NPDES permits and ultimately the County having the enforcement on E&S measures for active construction sites. Commissioner Castranio noted that the Township has an E&S control ordinance as well as inspecting the facilities once they are completed. Mr. Fazekas commented that most of this is deferred to Cumberland County and he has inquired about delegating some of that responsibility down to the municipality since Upper Allen does have an MS4 coordinator on staff. Mr. Rinaldo said if there is an E&S violation, this agency would issue the fine or ultimately DEP, where the County takes a larger role in item 5 even though the Township does play a role.

5. Post-Construction Stormwater Management (PCSM) in New and Redevelopment Activities – this applies once a site is built; i.e., going through the planning process, making sure the stormwater management ordinance was complied with and that any facilities on the ground such as stormwater basins are properly managed, operated and maintained.

6. Pollution Prevention/Good Housekeeping for Municipal Operations – this is how the Township runs the Public Works Department; i.e., what is the system for proper fueling and service of vehicles, how does the Township do street sweeping, etc. Looking at any Township operation and making sure it is run with the proper environmental intentions.

Finally, Mr. Rinaldo displayed a map of the Township showing where the pockets of impervious area are located. Vice President Rigney noted that the public did not get much notice of tonight’s presentation, although he acknowledged that C.S. Davidson is the Township’s new engineer and was probably up against a deadline. He questioned whether people will have another opportunity to give input as he said he knows there are people in the Township who are interested and would have liked to be in attendance. Mr. Reichard responded that their first objective was to do a desk audit of the Township’s MS4 permit and start the Chesapeake Bay Pollutant Reduction Plan. Once they had an opportunity to get through that process, they found themselves pressed to meet the April 1st deadline. Mr. Rinaldo noted that the public meeting is a permit requirement so they will have to hold at least one public meeting annually. If there is a desire to hold additional meetings he said he would be happy to work with the Township to do that. He said in addition to the public meetings specifically on the MS4 permit and what it is, there are also options for public education about wide-ranging stormwater topics. President Martin suggested a presentation to neighborhood groups or at the Environmental Center. Mr. Fazekas noted that an environmental group is going to be making some MS4 presentations at the Environmental Center and indicated that staff can publicize the information. Mr. Fraser indicated that it is already advertised in the newsletter. Commissioner Anderson questioned runoff from roads and who is responsible if it is running into Township stormwater facilities from a state road. Mr. Rinaldo responded that the short answer is that PennDOT is their own MS4 and they hold an individual permit versus the general permit that is held by the Township. Within PennDOT’s right of way is considered their MS4; however,


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PennDOT does have the storm sewer regulations on their books that basically say that all the pipes running along the curbs that tie into your system or if you tie into it, are your responsibility. He said C.S. Davidson is working with the Township’s MS4 coordinator and he is doing a good job in determining which facilities are truly owned and operated by the Township and which are owned and operated by PennDOT. If it is a PennDOT facility, it is not included in the Township’s MS4. Mr. Reichard added that the Township does have a responsibility if PennDOT is tributary to a system that the Township owns and maintains. So, if the Township does an outfall inspection and it is found that there is contamination, the Township does have a responsibility to go through a reporting and documenting process in an attempt to seek out the source of the pollution. President Martin thanked them for helping the Township meet the deadline, noting that previous personnel were perhaps not on top of the issue. Mr. Reichard added that they also intend to place an advertisement in the Township’s newsletter for future meetings well in advance.

CONSIDERATION/APPROVAL OF CHESAPEAKE BAY POLLUTANT REDUCTION PLAN

Mr. Rinaldo noted that in September of 2012 the Township would have submitted a renewal for their MS4 permit. The original permit was to run from 2002 to 2008 but ended up being administratively extended five times, making a five-year permit turn into a ten-year permit. It finally expired in 2003 and the Township is required to receive a new MS4 permit. As part of the new permit, they took all of those Minimum Control Measures (MCMs) which were basically the same as the last permit, but they added a TMDL Stream Plan, which Upper Allen Township did not qualify for, and the MS4 Chesapeake Bay Pollutant Reduction Plan. If a municipality is a regulated MS4 within the Chesapeake Bay Watershed, the state requires the municipality to develop a plan over the rest of the permit cycle that will reduce pollutants to the Bay. He said the Township must do something to reduce the three main pollutants—phosphorus, nitrogen and sediment—from discharging into the Chesapeake Bay. He said he and Mr. Reichart have worked with Township staff to identify opportunities for projects in the Township. Many of them are coupled with public improvements that are already planned. Mr. Rinaldo displayed a comparison of impervious area between Upper Allen Township and the entire Cumberland County MS4. He noted that 22% of the County’s MS4 is impervious; however, only 12% of Upper Allen’s MS4 is impervious, which shows that Upper Allen is not all of the problem and is less than the average. There are three main streams running through the Township—the Yellow Breeches, numerous unnamed tributaries, and Cedar Run. As part of the impervious area, they were required to designate where the pockets of development are, and a map was developed to help identify some areas where measurable improvements could be made. He said the projects could be restrictive based upon whether the municipality actually owns or controls any land in those areas. He said they focus heavily on municipally-owned rights-of-way, as well as Simpson Park. Mr. Reichard pointed out a heavy concentration of impervious area near the PA Turnpike. He said they were unable to locate projects that could be completed in that area. Mr. Fazekas noted that the area he is referring to is the Auto Auction. Mr. Reichard said he anticipates review of the area by


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DEP and possible comment back that requires us to go out further and try to evaluate the ability to come in to that specific area, which is Cedar Run. Mr. Rinaldo continued that the DEP regulation is very general in that it says “improve the water quality.” He said there is no target given, and what they are trying to do is look at projects that can have measurable improvements that are going to benefit the Township, with cost in mind. DEP has not defined a submission process yet for this Plan. He said C.S. Davidson will submit it and he is not sure when and if they will receive comments on it, but they are going to submit what they feel strongly about. Mr. Fazekas commented that in January 2013 the topic was discussed, and the Township was waiting for Cumberland County to provide feedback and specific guidance. But the County has not completed their plan, so it is hoped that this Plan will satisfy the requirement, and if not, he expects more guidance. President Martin commented that it is a well-conceived idea but a poorly-initiated project. Mr. Rinaldo responded that it was the delay in the renewal of the permit. Mr. Fazekas commented that there is disagreement between DEP and EPA as to exactly how stringent the requirements should be and there has been some resistance from the state as to whether we should have to do the level of measurable improvements for waters that are leaving the state down to the Chesapeake Bay. Mr. Rinaldo said EPA has some general guidelines and a lot of it comes from the Clean Water Act, but the specific MS4 permits are all state-specific. He noted that areas like Maryland, Virginia, and Washington, DC will be spending millions of dollars. Mr. Fazekas pointed out that this is another unfunded mandate that the Township has to pay for. He said Maryland and surrounding states have actually provided funding to local municipalities to help implement some of these improvements, where we get no money from the state. Commissioner Anderson commented that Maryland imposed a flush tax, which has made a big difference for them. Commissioner Castranio said another problem is that engineers are being told that they need to design to the maximum extent practical, but that is not a number for them and they need something to design to. Mr. Fazekas recalled that for sewer projects that had a specific requirement for phosphorus and nitrogen, it was known specifically what the restrictions were, so the design could eliminate and reduce the contaminants to the required levels. He said that is why the Township spent $15 million in sewer improvements. He said the sewer issues were first, and now the water quality improvements are required. He said it may get to the point where the Township has to form some sort of a joint authority to start implementing some sort of additional improvements that, because they come from a neighboring municipality, may require a number of municipalities to get involved to try to tackle the problem. Mr. Reichard said the TMDL (Total Maximum Daily Load) Plan was the other plan that was included in the MS4. He said if one of the streams that you discharge to had an MS4-related TMDL, there would have been limits for this plan and it would have been a TMDL Plan. But the Chesapeake Bay Plan was just a general plan to reduce pollutants if you don’t have TMDL limits. Mr. Rinaldo reviewed the projects as follows. Every two years the Township will have to submit a report indicating what was done and what is proposed going forward. There is no requirement to spend a certain amount of money or show a certain percentage of pollutant reduction; you just have to show that you are doing something positive toward the goal. Project #1 – Mt. Allen Drive Swale Improvements – There is a culvert that discharges to the west, and it is heavily eroded, and there is a heavily eroded channel downstream of it. When the culvert is


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replaced as part of the Mt. Allen Drive improvement project, some outlet improvements will be made. Estimated cost of the improvement, in addition to the cost of the pavement and pipe replacement, is $20,000. Project #2 – Hemlock Road Pipe Replacement and Swale Improvements – A culvert is severely clogged with sediment and due for replacement, in addition to downstream swale improvements through land that is currently owned by the Water Company. Estimated cost of the improvement, in addition to the cost of the pipe replacement, is $10,000. Project #3 – Sholly Drive Swale Improvements – This project is in the same drainage area as Project #2. There is a residential development there that feeds to a central swale and there are drainage swales that are heavily eroded. The development was installed prior to stormwater management regulations, so there is no basin or volume control. The project will stabilize the storm sewer outfall and install a vegetated, stable swale with wider and shallower side slopes than the previous swale. Estimated cost of the swale stabilization is $10,000. Project #4 – Simpson Park Riparian Buffer – This project was suggested by staff. There is an existing tree buffer that is only a couple of trees deep. The project involves extending the buffer, planting some additional trees, and allowing some areas to go back to their natural state. He said riparian buffers such as this are one of the best pollutant reductions that can be done and also one of the cheapest. Estimated cost of this improvement is $6,000. An additional section of the Plan, related to municipal practices, includes Street Sweeping. He said there is funding budgeted to contract out some street sweeping. Over the course of the permit (the next five years), if the Township would sweep every street in the municipality, pollutant reductions would be realized. Mr. Fazekas noted that there is $20,000 in the budget for street sweeping. He said he thinks DEP expects the street sweeping to be done three or four times a year, if not more often. He said it is at least a step in the right direction. President Martin noted that for just under $50,000 the Township can achieve some of the projects and show that the Township is making some good-faith progress. Commissioner Castranio questioned whether there have been any volunteer projects, such as Eagle Scout projects, that could be started and the Township could then implement them into the Pennsylvania Best Management Practice Chesapeake Bay Reduction Plan at a later date. Mr. Rinaldo said that is definitely an avenue to be considered. He said the key is that the Township must take a role in the project. He said the benefit of doing the report every two years is if one of the projects doesn’t get done, in two years it will have to be reported that a different project was done instead, or that the project will be done at another time instead. For the next submission, if there are community-related projects that can be included in the Plan, it will increase the numbers and make the Township look even better. Mr. Fazekas said one of the things that got some of the other municipalities in trouble is that they promised a lot and did very little, if anything at all. While we are recommending four specific projects to accomplish over the next couple of years, over time additional projects can be added as they develop, and they can be added to follow up reports. He said because it is an unfunded


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mandate, we want to promise only what we are required to do, and if we can do more than that, it will make us look better and will keep us from being penalized or fined down the road. Vice President Rigney questioned whether we have to complete all four projects, noting that he thought the problem with Swatara was that they promised the world but did nothing, and the Federal government noted that they had a nice looking plan but didn’t take any action to make any improvements. Mr. Rinaldo responded that Swatara’s audit was related to the six Minimum Control Measures (MCMs), which are the written regulations that must be met. He said they wrote a great plan to meet them, but then they didn’t meet them. He acknowledged that he is unfamiliar with exactly what their violation report said. What this Plan proposes is four projects with associated pollutants to be removed. He said he thinks the state will be concerned with how many pollutants are removed. So, every time we report on it, we will keep a running tally of how many pounds of pollutants have been removed from the Bay, and if we have promised to remove “X” number of pounds, that is what we have a responsibility to show has been done or is close. Mr. Fazekas said these improvements don’t have to be done during the first budget year; in fact, project #1 will be bid with the Mt. Allen Drive project. On behalf of the Board, President Martin expressed his appreciation for the Plan and for picking up quickly on this and getting the Board up to compliance, noting that C.S. Davidson has only been the Township’s Engineer for less than three months. With no further discussion, Commissioner Cochran made a MOTION to approve the MS4 Chesapeake Bay Pollutant Reduction Plan, SECONDED by Commissioner Castranio. The motion carried unanimously.

CONSIDERATION/APPROVAL TO REDUCE FINANCIAL SECURITY FOR HOLLINGER SENIOR HOUSING PROJECT, UAT FILE #11-10-31

Mr. Fazekas noted that staff received a letter from Alpha Consulting Engineers requesting a reduction in the financial security, bonding and escrow account for the Hollinger Senior Housing Preliminary/Final Land Development project. The Township is holding a letter of credit in the amount of $342,191.30 to guarantee installation of the improvements. C.S. Davidson inspected the improvements and is recommending a reduction in financial security in the amount of $296,253.00, pending receipt of new financial security in the amount of $31,951.80 for remaining vegetation growth on disturbed areas and for remediation of a sinkhole in detention basin B. The Township also received a request to release the $8,351 remaining in the escrow account. Since the Township has outstanding invoices from C.S. Davidson, staff recommendation is not to release any of the escrow account at this time. Hugh Simpson, on behalf of Hollinger Senior Housing, thanked the Township and Township Engineer Jason Reichard for their assistance with clarifying figures in the final hours. Commissioner Castranio announced that he will abstain from voting because his firm is working on the project. Commissioner Cochran made a MOTION to reduce the financial security for Hollinger Senior Housing, UAT File #11-10-31, from 342,191.30 to $31,951.80. Township staff shall release the current financial security to the developer after the developer posts with the Township new financial security in the amount of $31,951.80 in a satisfactory form as provided for in the


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Subdivision and Land Development Ordinance, SECONDED by Vice President Rigney. The motion carried unanimously. Commissioner Cochran made a MOTION to disapprove the request to release the escrow account in the amount of $8,351 at the present time, SECONDED by Vice President Rigney. The motion carried unanimously.

CONSIDERATION/APPROVAL OF ENGINEERING & DESIGN PROPOSAL FROM HRG FOR TDD

Mr. Fazekas reported that the Public Improvements Committee met with Lower Allen Township officials on February 27 to review the technical proposals submitted by Traffic Planning and Design (TPD), Wilson Engineering, and Herbert, Roland and Grubic (HRG). It was determined that all three engineers are capable of performing the engineering and design for the proposed road realignment project. Price proposals and technical proposal were submitted and the proposals included engineering and design and inspection phase services. Only the cost proposals for engineering and design were reviewed because inspection phase services can be considered after the Notice to Proceed is issued. The cost proposals came in as follows: HRG - $193,775; TPD - $436,450; and Wilson Engineering - $228,241. It was determined that HRG did not include the Geotechnical cost in their proposal. They were contacted and after submitting the cost for that work at $9,850, HRG’s total price proposal came to $203,625, which is still the low quote. Since federal funds are used for projects on the TIP and all funding passes through PennDOT, PennDOT must be involved in the project. The contract cannot be awarded until PennDOT appoints a project manager after the draft TIP is approved next month. Final approval of the draft TIP will occur in October of 2014. Once the final TIP is approved, Notice to Proceed can be issued to HRG. Both municipalities must take action on the proposals before the draft TIP is finalized. Commissioner Castranio noted that typically an engineer is not chosen based only on low price, but since all three were capable of doing the job and none stood out over the other, the recommendation was to select based on cost. He made a MOTION to accept the low quote from HRG for engineering and design at a cost of $203,625 and to authorize Lower Allen Township to execute the agreement. SECONDED by Commissioner Cochran. The motion carried unanimously.

SANITARY SEWER COMMITTEE

ARCONA ROAD PUMPING STATION PROJECT UPDATE

Mr. Cupp gave a brief Powerpoint presentation on the improvements to the Arcona Road Pumping Station No. 3. He noted that PSI, Inc. is the general contractor and General Electric is the electrical contractor. The first part of the project was lighting replacement in the drywell area. He said the old lights were inefficient and not very bright. With the new induction lighting, it is much brighter and provides for a safer working environment. The next improvement was replacement of the bar screen. He noted


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that the old bar screen was deteriorated and although most people think aluminum does not deteriorate, it does over time. As part of this project a well was drilled to provide a water source to periodically moisten the odor control media that will be installed as part of the project. He noted that originally the well was supposed to be 200 feet deep and produce 6 gallons of water per minute. However, at 200 feet they were only able to find 1.5 gallons of water per minute. They went to 300 feet without much more, and then at 400 they were able to 2 gallons per minute. The engineer determined that the 2 gallons per minute plus the storage capacity of the casing itself would provide enough water for the needed purposes. There is an additional cost associated with the deeper drilling. He said he anticipates a change order which is actually a $12,000 deduction for piping modifications that were made. Rather than putting the station bypass outside underground, it will be installed inside the station at a considerable cost savings; therefore, the net change will be about an $8,000 reduction in cost. Part of the project also involved painting of all the existing ferrous metals in the drywell area, to include pumps, drives, supports, pipe fittings, and anything else that was a ferrous metal. He noted that several weeks were spent grinding, sanding, cleaning and preparing the large areas to be painted, to include piping that was very high inside the drywell area. Mr. Cupp noted that the new pump is a 1,000 gpm pump with a 100 horsepower motor, which is replacing three of the 3,250 gpm, 200 hp pumps/motor. He noted that there will be lots of energy savings with the new pump. Commissioner Cochran questioned how we can go from almost 10,000 gpm down to 1,000 gpm, and Mr. Cupp explained that as part of the Cedar Run project that was completed several years ago, there were two pumping stations eliminated that pumped into the drainage area that went to this station, so it now has less inflow. Mr. Cupp noted that the fiberglass structure for odor control is currently being manufactured. He added that a new grinder for the outside wet well has not yet arrived.

UPDATE ON SCREENING PROBLEM AT WASTEWATER TREATMENT PLANT Mr. Cupp reported that Hydrodyne has fabricated and furnished a new discharge chute for the compactor. He said it is a longer chute and staff thinks it will take care of the problem with overly wet solids. There was another minor problem with SBR mixer motors overloading and Aqua Aerobics has furnished new mixer motors to take care of that problem. He noted that the Township is holding $60,000 on C&T Associates until the problems are corrected. The bid opening for Contract 2, which is the operations building and garage, will be held on Friday, March 21. He said there is a lot of interest in terms of Pennbid plan holders—30 general contractors, 15-20 mechanical contractors, and 10-15 electrical contractors. President Martin complimented Mr. Cupp for holding the retainage until things are straightened out and thanked him for the good, comprehensive report.

CONSIDERATION/ADOPTION OF ORDINANCE TO UPDATE CHAPTER 200, SEWERS AND SEWAGE DISPOSAL

Mr. Cupp noted that the ordinance to update Chapter 200 has been advertised as required, and suggested that the Board of Commissioners act to adopt the revised Chapter 200 ordinance. Vice


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President Rigney made a MOTION to adopt Ordinance #718, an Ordinance of the Township of Upper Allen, Cumberland County, Commonwealth of Pennsylvania to Amend the Code of the Township of Upper Allen, Chapter 200, Sewers and Sewage Disposal, SECONDED by Commissioner Anderson. The motion carried unanimously.

CONSIDERATION/APPROVAL OF REQUEST TO RELEASE SANITARY SEWER

MAINTENANCE FINANCIAL SECURITY FOR 635 ASSOCIATES, LLC

Mr. Cupp noted that the Township is holding sanitary sewer maintenance financial security, which expired on February 28, in the amount of $4,100.00. Prior to its expiration, Township personnel inspected the sewer system and identified two issues, which the developer has agreed to address as stated in his letter of February 27, 2014. One issue is that the 8” sanitary sewer has a minor defect downstream from one of the manholes, which the developer has agreed to take care of with their next phase of the Mountainview project. Secondly, it was discovered that when they installed a lateral across 635 Gettysburg Pike, which they obtained an easement for, they actually did not install the lateral in their easement but installed it in the Township road easement. Therefore, 635 Associates has agreed to maintain the line moving forward, as also stated in the February 27 letter. Therefore, Mr. Cupp requested authorization to release the financial security to the developer. Vice President Rigney questioned how this happened, noting that we have inspectors to watch these kinds of things. Mr. Cupp responded that the inspector at the time was Arro. He noted that sometimes it is difficult to determine the limits of the Township road right-of-way, and for whatever reason, he said whoever staked it out simply missed it by about 2 feet. Mr. Fazekas commented that Township staff met with Don Farinelli, the owner, and found that the as-builts show the sewer pipe as being right down the middle. He noted that the inspector, who is not a surveyor, inspects the work based on the stakes and verifies that it is installed where it is supposed to be. He asked Township Engineer Jason Reichard how his inspector verifies that what is staked out is in fact down the center of the easement. Mr. Reichard responded that the inspector will use the survey stakes that are in place and/or physical reference points to judge the location in the field. He said there is potential for some error. Mr. Fazekas said there was still disagreement as to whether it was still installed in the easement, but maybe not where it was shown on the final recorded plan, and that was why a special meeting was set up prior to the expiration of the financial security, to make sure the Township received the letter from Mr. Farinelli agreeing to address the issues. He said they are coming in with the next phase of the additional lots being purchased next to this property. Vice President Rigney questioned whether the Board could have forced them to dig up the line and move it if they chose not to maintain it. Mr. Fazekas confirmed that the owners could have been forced to fix it, and said they have agreed to maintain it at its current location and when they develop the next two lots they are buying from Mountainview Office Park, they will then relocate and make the necessary adjustments as part of that, and then the Township would get the necessary bonding to cover those improvements as part of that proposal. Commissioner Cochran noted his concern with the mention of a “fairly accurate” as-built plan in Mr. Farinelli’s letter. He questioned whether there is liability with a “fairly accurate” versus an “accurate” plan, and whether the developer will be required to make the actual improvement meet the filed plan. Mr. Fazekas responded that the Township will require them to relocate it where it is


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shown on the recorded as-built and where the deed shows it to be located, which is directly down the middle of the easement. President Martin said he is baffled by the expiration of financial security when there were outstanding issues. He said if there is a defect in an existing main, it seems like the Township would require it to be fixed right away or would require some sort of financial security to guarantee that it will be fixed. Mr. Cupp responded that typically the Township would require them to make the necessary repairs, but the difference in this case is that because of the Mountainview plan coming in for approval, where this defect is located they will be digging up the manhole anyway and extending the sewer main along Gettysburg Pike, so the manhole will be exposed at that time and will be very easy to correct. President Martin acknowledged that approach but said if the developer decides to walk away, the Board will be out of luck. Mr. Fazekas responded that the only option would have been to cash the bond and contract the work to have it relocated. President Martin asked for staff’s rationale for not requiring financial security, and wondered why the Township didn’t extend the financial security for two months for some reduced amount. Commissioner Cochran agreed with President Martin, noting that this is a good developer and normally follows through, but he pointed out that there is no way to know what could happen in the future. President Martin commented that there should be some sort of recourse, such as making the next plan contingent on getting this work done. He left it up to staff to figure out what kind of protection the Township can get. President Martin noted his concern when as-builts don’t match reality. He questioned whether the Township will ask for revised as-builts to match what is there. Mr. Cupp responded that staff believes the as-builts are correct based on their follow-up inspections of the area. He said it appears that it is one or two feet on the Township side of the line. Commissioner Castranio noted that the as-built plan is correct and shows the pipe where it is. When they do the next plan, he said they will move the sewer line to where it was supposed to have been built, and then it will match the as-built. President Martin then asked the Solicitor if the Township needs some kind of agreement with 635 Associates to memorialize their intent with respect to continuing to maintain the sewer line. Mr. Feinour responded that the Township should have a written agreement to that effect. Commissioner Castranio said the developer will always maintain their own lateral, even when it gets moved. The reason the Township may have responsibility is because it is in our right-of-way, so he clarified that the Farinelli letter says that the Township is not going to maintain it. Vice President Rigney made a MOTION to authorize the appropriate Township officials to release the sanitary sewer maintenance financial security to 635 Associates, LLC in accordance with Section 509(k) of the Pennsylvania Municipalities Planning Code, SECONDED by Commissioner Castranio. President Martin questioned why the Board still has to release the financial security if it has already expired. Mr. Fazekas responded that there needs to be Board action whether it has already expired or not. Mr. Cupp pointed out that the Township is still holding the letter of credit. Commissioner Anderson noted that staff must be very careful on these, pointing out that a date was missed a few years ago which did not have a good result. She said it must be up to department heads to make sure they know when dates expire. Mr. Cupp commented that all expiration dates are now entered and he will set ticklers further ahead so this doesn’t happen again. The motion carried unanimously.


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ACCEPTANCE OF DEEDS OF EASEMENT AND DEDICATION FOR BUMBLE BEE HOLLOW SANITARY SEWER

Mr. Cupp noted that Bumble Bee Hollow Limited, the developer, has provided the Township with Deeds of Easement and Deeds of Dedication for sanitary sewer facilities completed in connection with the Final Subdivision Plan for Bumble Bee Hollow. The Township Solicitor has reviewed these documents and found them to be acceptable. All improvements associated with this sewer extension have been satisfactorily installed, inspected and tested in accordance with Township specifications and the Township is holding a Financial Security and Escrow Agreement guaranteeing installation of these improvements. Vice President Rigney made a MOTION to authorize the appropriate Township officials to properly execute the Deeds of Easement and Deeds of Dedication and to record these documents at the Cumberland County Office of the Recorder of Deeds. SECONDED by Commissioner Castranio. The motion carried unanimously.

ADMINISTRATIVE COMMITTEE

BUDGET UPDATE

Mr. Fraser reviewed his February 2014 Fiscal Report Executive Summary. He noted that real estate taxes have not yet started coming in. He expects them in April or May. He said we did receive our first EIT payment. Regarding expenditures, there is a small increase from prior year, but that is mostly due to being one payroll session behind. Upper Allen basically expends about $150,000 per payroll, which includes whatever disbursements must be made to taxing agencies, but does not include insurances, which are disbursed throughout the month. He said it is pretty level compared to the previous year. Regarding snow removal, we are currently at 71.92% of the State Liquid Fuels Fund Snow Removal Budget, used for salt and cinders, and that is only what has been charged at this point. He said the final total will be well over that amount. He expects the total to be over $90,000. He noted that we still have November and December of 2014 to get through. Overtime is at 112% of what was budgeted, and is not expected to go much higher. President Martin asked whether the Board should be doing anything between now and late fall to cover the overage, and Mr. Fraser responded that there is a fund balance in State Liquid Fuels as well as funding in the General Fund to make up the overage. Mr. Fazekas commented that once the final invoices come in, there will be a better idea of the actual costs. He said an option for road paving this year is to bid Winding Hill Drive as an alternate in case expenses go over. He said there is about a $100,000 fund balance even if all expenditures take place.

CONSIDERATION/APPROVAL TO CONDUCT TITLE SEARCH FOR LANTZ CEMETERY

Mr. Fazekas noted that Paul Miller, who lives across the street from Lantz Cemetery, no longer maintains the cemetery. The boy scouts took over for a period of time, and then one of the residents of McCormick Road took over. The residents in the area have approached the Township about taking over maintenance responsibility but the Board has been reluctant to do so. The Administrative Committee has discussed it several times. Mr. Fazekas and Vice President Rigney have met with the group a number of times and it has also been discussed in Public Improvements


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Committee. Mr. Fazekas said Commissioner Castranio volunteered to help with the initial title search; however, during that search it was determined that additional investigation will be required, and he recommended hiring a title company to conduct the search at an estimated cost of $300-$400. Before any decision is made to take over the responsibility for the cemetery, Mr. Fazekas recommended that we first determine whether there are any heirs that may have a legal responsibility to maintain it. If none are found, he said the next step would be to consider whether or not the Board wants to take responsibility for the maintenance. Vice President Rigney questioned abandonment of the cemetery and asked Solicitor Feinour if the Township can force any heir to take responsibility. Mr. Feinour responded that he thinks it could be required under the property maintenance code. He said that typically the statute under the cemetery law requires that the cemetery be neglected to the extent that it becomes a public nuisance and then either a number of residents, a cemetery, or a burial association can bring an action to have the Township take over maintenance responsibility. In this case, he said he doesn’t think there is a burial association or even a cemetery per se—it is just some lots and some descendants. Mr. Fazekas said the Cumberland County map doesn’t show it as being owned by anybody. Commissioner Castranio said they researched it back to about 1858, which was when Upper Allen Township was created from East Pennsboro Township, so he said the title company would actually have to research East Pennsboro. President Martin, while expressing that he does not want to be disrespectful, cautioned about setting a precedent because then in future years every abandoned family cemetery would become the responsibility of the Township, and he said he doesn’t think that is fair to taxpayers. He said he is concerned about the outcry of the residents who think the Township should take care of it, and said that if its appearance is bothering them, they should mow it. He said he cannot understand why it is a Township responsibility. Vice President Rigney noted that Camp Hill Borough took over their cemetery, which was not owned by the Borough, although Solicitor Feinour commented that he thinks it can be distinguished in that there was a cemetery association that was going bankrupt and the cemetery was right beside the Borough building and housed primarily Camp Hill residents, so there was a closer connection to the Borough than there might be here. He said if the cemetery is neglected to the point that it becomes a public nuisance there is a procedure for either the 25 residents or cemetery association to file a petition in the Orphan’s Court to have the municipality take over the care of it. President Martin commented that it may be that it would be no different than several Township intersections that the Township staff mows twice or three times a year. He said it isn’t of any concern to the descendants or they would be out there taking care of it. Mr. Fazekas said he is not recommending that the Township take it over, but he said he wants to identify if there are any potential heirs because the issue keeps coming back to the Township to resolve. If there aren’t any heirs, and there is a legal process that must be followed to take it over, then we would ask them to follow that process and come back to the Township. With no further discussion, Commissioner Cochran made a MOTION to authorize the appropriate Township official to conduct a property search of the Lantz Cemetery for an amount not to exceed $400, SECONDED by Commissioner Castranio. The motion carried unanimously.


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PARK AND RECREATION COMMITTEE

Mr. Fraser announced that the next Park & Recreation Board meeting is scheduled for March 26, when the Recreation Open Space Plan update will be discussed. A representative of the Upper Allen Baseball Association will talk about some of their projects, and the grassroots dog park organization will give a report. Commissioner Anderson noted that she received a request from someone involved in baseball that the bathrooms at the park be opened since the teams are now practicing. Mr. Fraser responded that the bathrooms cannot be opened until a certain date because of freezing issues with the pipes. He said the sports organizations have been told that if this presents a problem they will have to rent porta-potties until the weather warms up enough to turn on the water to the bathrooms. He said he will check on when they will be open.

MISCELLANEOUS

TAX COLLECTION COMMITTEE UPDATE

Mr. Fazekas had nothing to report. Commissioner Cochran asked Mr. Fazekas to check on the process for on-line filing of earned income tax. He said the electronic format is very difficult to navigate, not allowing him and his wife to file a joint return. Additionally, it isn’t until you are all the way at the end and you expect a printout to mail in that you find out you must upload your scanned W2s, which is a problem without a scanner.

CAPITAL REGION COG UPDATE

Vice President Rigney reported on the COG meeting he attended on March 17. The Directors of both the Tri-County Planning Commission and the Cumberland County Planning Commission were in attendance and mentioned growth in Cumberland County, noting that Upper Allen is one of five municipalities that led in commercial/industrial as well as residential growth. Kirk Stoner, of Cumberland County Planning, noted that there is a County Planning Commission University where they will certify members of the various Planning Commissions who attend 7.5 hours of training over three Wednesday evenings. It came up because he mentioned that as they travel around the County they notice that members of Planning Commissions ask very few questions of developers, are not very demanding, and don’t seem to know what they can and cannot ask. He said some other Townships have made attendance a condition of appointment to the Planning Commission. He said Senator Eichelberger gave a terrific talk about Senate Bill 1111 to reform binding arbitration. He discussed the deficiencies in the present law, which has not been amended since it was written 46 years ago. He said it is one of the only laws that hasn’t been amended and that generally, police officers agree with what is in the bill; however, the Representatives on the Hill are adamant that Act 111 not be changed. He asked municipalities to contact their Senators and Representatives and let them know where they stand on the Bill. The annual COG auction will be held on Wednesday, July 16. The Municipal Managers Meeting is scheduled for March 27.


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COG director Ann Simonetti and the COG Board are asking all municipalities to forward their number one concern to COG for consolidation. He asked Board members to forward any concerns to Mr. Fazekas.

MUNICIPAL ADVISORY BOARD (MAB) UPDATE There was no report.

PENNSYLVANIA STATE ASSOCIATION OF TOWNSHIP COMMISSIONERS (PSATC) UPDATE

Commissioner Anderson noted that she will attend a State Executive Board meeting the following weekend. She said she spent time on Capitol Hill talking to some of the Senators and Representatives. She said the sponsor of the Bill on pension reform spoke. She said there are 3 Bills on pension reform out there, and they are very different scenarios—one is inclusive, one is not as inclusive, and the third has questionable areas. She said the problem has been getting signers to go on the Bill, even though a lot of people are in agreement. She said there was also discussion about a piece of legislation that relates to Executive Sessions, restricting what can be discussed even more, to include even personnel issues. She said there is a lot of activity on the Hill. She said this is an election year but there are many who are not running again, which may prove interesting in getting bills passed. Solicitor Feinour added that another provision of the House Bill would require an opinion from the Solicitor stating the basis for the Executive Session before it can be held.

SOLICITOR UPDATE

There was nothing to report.

CONSIDERATION/APPROVAL TO CANCEL APRIL 2, 2014 BOARD OF COMMISSIONERS MEETING

Mr. Fazekas noted that there are no topics that need formal action by the Board of Commissioners at the April 2, 2014 meeting. He noted that all first meetings of the month were advertised “as needed,” and asked for Board action to cancel the April meeting. President Martin noted that he thought only the summer meetings were being considered for cancellation, and questioned what would happen if a topic comes up unexpectedly. Mr. Fazekas responded that it would go onto the next agenda instead. President Martin was concerned that cancelling the first meeting of the month would result in a long second meeting of the month. Commissioner Cochran commented that at this point there is not enough to warrant a meeting, so the Board should cancel it now to give the public some notice. Mr. Fazekas continued that when the Board and staff discussed the calendar for 2014 it was decided that if a first meeting was to be cancelled, it would have to be considered by the Board at the prior meeting. Vice President Rigney commented that he isn’t so much concerned about the time of year, but whether there are enough agenda items to warrant having a meeting, and Commissioner Anderson concurred. With no further discussion, Vice President Rigney made a MOTION to cancel the April 2, 2014 Board of Commissioners meeting, SECONDED by Commissioner Anderson. Vice President Rigney and Commissioners Anderson and Cochran voted no; President Martin and Commissioner Castranio voted no. Commissioner Castranio noted that if he doesn’t attend the Upper Allen meeting, he will have to attend Monroe Township instead.


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Mr. Fazekas reminded Board members that Representative Sheryl Delozier will meet with them on Monday, March 24 at 6 p.m. and will have a public meeting on March 28 at 8 a.m. Additionally, he said there is an AFSCME meeting scheduled for April 26 at 5 p.m.

EXECUTIVE SESSION

President Martin recessed the regular meeting for an Executive Session at 9:20 p.m. for updates on labor issues, with no action anticipated.

ADJOURNMENT

President Martin reconvened and adjourned the meeting at 9:30 p.m.

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UPPER ALLEN TOWNSHIP · 3/19/2014 · Helfrick, Danny Kessler, Sam Moyer, and Zach Waldman from...

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