Press And Journal 08/31/2016

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RAIDERS ARE GETTING READY Middletown kicks off season Friday — B1

Decision set for Sept. 6 on getting rid of wards — A4

Fireworks aren’t the only thing to look forward to — A2

Press And Journal

WEDNESDAY, AUGUST 31, 2016

VOLUME 126 - NO. 35

14 PAGES

75 CENTS

Crematory proposal: The appeals begin By Dan Miller

Press And Journal Staff

Tie vote is one of the issues raised by homeowners’ lawyer

As expected, opponents of a crematory proposed by Fager-Finkenbinder Funeral Home have gone to Dauphin County Court to try to block it. Attorney Aaron Martin, representing five appellants, filed an appeal Aug. 25 of the decision the Middletown borough zoning hearing board made July 26. The board’s 1-1 vote upheld the permit granted by former zoning officer Jeff Miller in 2015 that allowed the crematory as

an accessory use to the existing funeral home at 208 N. Union St. The vote was tied because only two of the board’s three members were present to hear the three nights and 10 hours of testimony. Tom Germak recused himself after witnesses called by lawyers for the funeral home testified that Germak had made comments suggesting he was biased against the crematory. Based on Commonwealth Court precedent,

Suspect wanted in Middletown robbery sought in four other Rite-Aid thefts

the tie vote denies the appeal that the opponents filed with the zoning board. Chairman Jack Still voted against the motion made by the board’s other member, Donald Graham, to reject the appeal of Miller’s permit because it had been filed too late by opponents. Martin in his appeal to county court requests the court issue a ruling saying that Graham’s vote carries no more weight than Still’s — in other words, that the court not show “defer-

ence” to Graham’s vote in a way that works against the opponents. If the court is not willing to issue such a ruling, Martin requests in the alternative that the county court reopen the case and hear new testimony — something that normally does not happen when a county court in Pennsylvania hears an appeal. That potentially means going back to square one and presenting the entire case, with its

hours upon hours of testimony from both the opponents and the funeral home, to a county judge, Martin told the Press And Journal on Friday, Aug. 26. The county court appeal also potentially sets the stage for opponents to ultimately challenge the crematory in federal court, if they would choose to go that far. The appeal makes reference to due process and equal protection “as secured to Appellants under the Fourteenth Amendment to the United States Constitution

NOT TOO COOL FOR NEW SCHOOL

By Dan Miller

Press And Journal Staff

The man accused of robbing the Rite-Aid on East Main Street in Middletown in June is on the run and suspected of robbing four other Rite-Aids in the region, including one on Sunday, Middletown police say. A warrant is out for the arrest of Joshua Iron-Lee Perry, 30, who borough police on Aug. 24 charged with robbery and intent to possess a controlled substance in connection with the June 9 hold-up in Middletown. Perry allegedly walked out with two bottles of oxycodone Perry after giving the cashier a demand note. By the time he was charged by Middletown police, Perry already was suspected of robbing Rite-Aids for oxycodone in West Hempfield Township, Lancaster County; Stewartstown, York County; and Cleona, Lebanon County, according to police. Perry allegedly held up the Cleona Rite-Aid last week, said Middletown Police Chief John Bey. Perry is apparently continuing his spree of holding up Rite-Aids for oxycodone, even as police are trying to arrest him. On Sunday, Aug. 28, Perry allegedly robbed a fifth Rite-Aid, this one in Dover, York County, Bey said, citing information provided to him by Northern York Regional Police. Bey said he has been told that Rite-Aid has put out a $10,000 reward for information leading to Perry’s arrest. A Rite-Aid spokeswoman did not confirm this to the Press And Journal but said the company is “working closely” with law enforcement. Perry was supposed to turn himself in to Middletown police Aug. 15 but did not. A warrant is out for his arrest, and Perry is believed to be somewhere in Lancaster County, Bey said. Perry may be in the company of a woman who as of now is not a suspect in any crimes, police said. Police do not know if he is armed. Anyone with information regarding Perry or the Rite-Aid robbery in Middletown should call borough police at 717-558-6900. Perry has ties to Columbia, Ephrata and Wrightsville, Bey said, but no fixed address. Middletown police are working with police in these areas to try and apprehend Perry, the chief said. The criminal complaint lists an address for Perry at the Pine Manor mobile Please See RITE-AID, Page A6

By Eric Wise

Press And Journal Staff

Lower Swatara should make every effort to limit warehouses and truck traffic in future growth, several residents told the township’s planning commission Aug. 25 as the panel considered a draft roadmap for future land use. The township’s board of commissioners appointed a special steering committee in 2015 to update the comprehensive land use plan, a nonbinding guide for how land will be developed over the next 10 years. This was the first time a final draft was shown, although the group unveiled some of its work in April.

Borough police now carry overdose treatment By Dan Miller

Press And Journal Staff

Press And Journal Staff Photos by Eric Wise

Mckenzie Coble, Jessica Knisely and Keely Lombardi enjoy lunch Aug. 29 in the new Middletown Area High School cafeteria.

Students spend first day in longawaited MAHS

Middletown borough police officers have been carrying the anti-opioid drug naloxone since Aug. 1, although they have not had to use it. Naloxone, also known by its trade name Narcan, reverses an overdose from heroin or from another opiate by blocking the effects of opioids on the brain. Department policy now mandates that all police officers sign out a naloxone kit before going out on patrol, said Police Chief John Bey. The policy was developed with help from the Dauphin County District Attorney’s office. Middletown police officers took computerbased training approved by the DA’s office on the use of naloxone. Bey also had members of South Central Emergency Medical Services come to the department to give some “hands-on” training. No Middletown police officers have had to use naloxone yet, but Please See POLICE, Page A4

By Eric Wise

Press And Journal Staff

Even as excavators continued to replace the divot left by the demolition of their former school, students headed to their first lunch in the cafeteria in the new Middletown Area High School on Monday. Several students shared their impressions with the Press And Journal. Abel Botterbusch said his body reminded him that he was not in the former building. “I am not already sweating because we have air conditioning, so that’s nice,” he said. Students said they liked the courtyard, allowing them to enjoy their lunches outside, although Botterbusch said he would wait until the weather cooled off a bit before spending much time outside during the day. “It’s a lot more open, more freedom,” Blake Jacoby said. “A lot more natural light makes it a little more relaxing,” Botterbusch said. The $41 million school replaces the one from

Students walk through the new Middletown Area High School on Monday. 1962. The old building was 169,587 square feet with a building capacity of up to 865 students. The new high school is 196,413 square feet with a building capacity of up to 1,021 students. The auditorium can seat 54 more people — 859 compared to 805 in the old auditorium. School administrators say it was designed to

give more of a college feel. Jacoby said he liked the flex rooms, a relaxed area with cushioned seats and tables. “It’s like a lounge area,” he said. “I am excited to see the flex rooms and how they Please See SCHOOL, Page A6

Residents say limit trucks, warehouses in Lower Swatara Comprehensive land use plan receives comments during public meeting

Please See APPEAL, Page A6

Michelle Brummer of Gannett Fleming presented highlights of the draft plan Aug. 25. The planning commission can recommend it to the board of commissioners for approval or revise it. After about two hours of discussion involving many of the 60 people in attendance, Planning Chairman Chauncey Knopp announced the members had concurred they will consider public opinion, review the draft and discuss it at the Sept. 22 meeting. While the comprehensive plan shows suggested zoning for the township, it does so in general terms such as residential or commercial areas, not the specific zones designating the intended density of homes in a residential area or a type of commercial development, Brummer said. After the planning commission moves forward with the comprehensive plan, it will go to the township commission-

ers, who will have a 45-day public review period. The commissioners will hold a public hearing and debate whether additional changes are needed before they vote on whether to accept the plan. DeHart Nearly all costs of the comprehensive plan review are paid by a $49,000 grant from the Tri County Regional Planning Commission, said Tom Mehaffie, president of the township’s commissioners.

Warehouses and trucks

A recurring theme throughout the public comments about the comprehensive plan was that residents sought to ban warehouses from the township as much

as possible and limit any development that brings truck traffic. “We will speak out against warehouses on Fulling Mill Road,” said Steve Artman, a member of the steering committee. Linda Mehaffie, a member of Middletown Area School District’s board, said she supported smart development to prevent industrial buildings and warehouses from taking over the township, suggesting that is what happened in Newville and other communities near Carlisle in Cumberland County. “The whole area there is horrific,” she said. In one case, the infusion of warehouses was shown to affect nearby neighborhoods near Allentown, said Connie Fritz. “That lowered people’s property values by 11 percent,” she said. Please See LIMIT, Page A4

Corrections • “Homeowners group wants

to buy islands from York Haven Power” on page A5 of the Aug. 24 Press And Journal contained incorrect information. Londonderry Township has no power to force York Haven to continue recreational leases on Shelley and Beshore Island. • Incorrect information was provided to the Press And Journal for a photo caption on page A5 of the Aug. 24 edition. Mark Mohar was in the “Flag raised at new school” photo. • The Aug. 24 front-page story “Business group might finally get off ground” contained an incomplete list of businesses supporting such an organization. Tattered Flag, Kuppy’s Diner and Alfred’s Victorian are also on board.

Press and Journal Staff Photo by Dan Miller

Middletown Police Department Patrol Officer Rebecca Hulstine displays the kit containing the anti-opioid drug naloxone that officers are now mandated to have with them when they go out on patrol.

public notices in this week’s press and journal: MIDDLETOWN BORO: Civil Service Commission Special Meeting

ELIZABETHTOWN BORO: Zoning Board Hearings

LETTERS TESTAMENTARY: Hilbolt


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