2007-10-29, Board of Supervisors Meeting

 

2007-10-29

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
OCTOBER 29, 2007
MINUTES

I. CALL TO ORDER:

The meeting was called to order by the Vice Chairman, Mr. Mickle, at 7:00 P.M.

II. ROLL CALL:

PRESENT: John W. Mickle, III, Vice Chairman
John C. Minito, Supervisor
William C. Brown, Supervisor
Mario D. Pirritano, Supervisor
Paula S. Tezik, Manager
Stephen F. Smith, Assistant Manager
Bernard G. Dugan, Chief of Police
Stephen M. Waller, Code Administration Director
Edward A. Stalnecker, ARRO, Engineer
Walter A. Tilley, Stock & Leader, Solicitor

ABSENT: Perry Albert, Chairman

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Tilley provided a summary of the executive session(s) held before the current meeting. (Copy attached).

IV. RECOGNITION OF PUBLIC:

Mr. Condrasky of 112 Wheatland Road requested that the Township repair the damage to the drainage swale that runs through the rear of his property. Also present was Nancy Summer of Wheatland Road, accompanied by her Engineer, Mr. Stone, who indicated that the drainage was improperly designed and then not installed in accordance with the plan. After listening to the individuals talk about this matter, Mr. Tilley stated that it was not the Township’s responsibility to assure that the drainage course was installed properly nor was it the Township’s responsibility to maintain the water course and it was so noted on the plan; therefore the Township would take no action on this matter. It was and will remain the homeowner(s) responsibility.

Mr. Brad Pealer, representing the Carroll Citizens for Sensible Growth, addressed the Board on a septic system located on Old Forge Road. He was advised that the Township SEO was taking appropriate action on the matter, had contacted DEP re the system, and that all appropriate steps would be taken by the Township and the SEO to ensure the system’s compliance with DEP regulations.

Mr. Richard Cadiz of 542 Big Spring Road requested that the Township look into spraying his property for Gypsy moths. (The property is less than one acre). He stated that since he cannot burn anymore they have become a problem for him. He states that he has lost numerous trees as a result of the moths. Mrs. Tezik will contact the County on this matter.

V. AGENDA ITEMS:
1. Subdivision Plans:

a. Conditional Use Request – Cluster Development, Weaver Tract:
Mr. Minito made a motion, seconded by Mr. Pirritano, to authorize staff to process the request.
Vote on the motion: All yes. The motion carried

b. Lot 2, Fisher Road, Final Subdivision Plan:

Section 602 Cartway Improvements, Lot 1

Mr. Brown made a motion, seconded by Mr. Minito, to approve the modification request from §602 for Lot #1.
Vote on the motion: All yes. The motion carried

Mr. Pirritano made a motion, seconded by Mr. Brown, to approve the plan contingent on submittal of signed and notarized plans, payment of all engineering and recording fees, and an improvement guaranty for developer-installed improvements for Lot #2 to be submitted prior to plan recording.
Vote on the motion: All yes. The motion carried

c. Charles Zellers, Moores Mt. Road, Final Subdivision Plan:

Mr. Pirritano made a motion, seconded by Mr. Minito, to approve the modification requests from Sections 701.2.C.7 – Pond Spillway and 701.2.C.9 – Pond Fencing.
Vote on the motion: All yes. The motion carried

d. Wolfe Ridge Estates, Pinetown Road, Preliminary Plan:

Mr. Minito made a motion, seconded by Mr. Brown, to deny the modification requests from Sections 602.1.G, 602.2.1, and 602.2.C., Cartway Width Requirements.
Vote on the motion: All yes. The motion carried

e. Cedar View Estates, Cedar Road:

Mr. Minito made a motion, seconded by Mr. Pirritano, to approve the modification request from Section 402.1.A., Original Property Description.
Vote on the motion: All yes. The motion carried

Mr. Brown made a motion, seconded by Mr. Minito, to deny the modification request from Sections 602.1.G, 602.2.A, and 602.2.C., Cartway Improvements:
Vote on the motion: All yes. The motion carried.

f. Improvement Guaranty Reduction Requests:

1. 600 Industrial Drive
Mr. Pirritano made a motion, seconded by Mr. Brown, to approve the improvement guaranty reduction request from $116,404.01 to $80,518.25 based upon inspection by the Township Engineer.
Vote on the motion: All yes. The motion carried

2. Poplar Ridge

Mr. Minito made a motion, seconded by Mr. Brown, to approve the improvement guaranty reduction request from $574,212.10 to $111,997.55 based upon inspection by the Township Engineer.
Vote on the motion: All yes. The motion carried:

3. Shops at Old York

Mr. Minito made a motion, seconded by Mr. Mickle, to approve an improvement guaranty reduction request number 1 from $931,566.85 to $630,839.05.
Vote on the motion: All yes. The motion carried.

Mr. Brown made a motion, seconded by Mr. Minito, to approve the improvement guaranty reduction request number 2 from $630,839.05 to $441,458.25.
Vote on the motion: All yes. The motion carried.

g. Time Extension Requests:

Irish Meadows, Old York Road December 3, 2007
Pelleschi, Locust Road December 3, 2007
Noble Ventures, Marsh Run Road December 3, 2007
619 Old York Road December 3, 2007
305 Water Street December 3, 2007
Pete Postupak – Meadowbrook Road December 3, 2007
Daub, Hickock – Marsh Run Road December 3, 2007
Cedarview Estates – Cedars Road December 3, 2007
Three Lees Farm, Old Stage Road January 7, 2008
Fairview Summit, Lewisberry Road January 28, 2008
Charles Zellers, Moores Mt. Road January 28, 2008

Mr. Brown made a motion, seconded by Mr. Minito, to approve the time extension requests as listed.
Vote on the motion: All yes. The motion carried.

2. Public Hearing, Ordinance No. 2007-7, Amendment Stormwater Management Ordinance:

Mr. Mickle called the hearing to order, noting that the hearing had been properly advertised and this was the time and place for the Hearing to take place.
· There was no comment from the audience.
· There was no comment from the Board.
· The Engineer and staff recommended its approval.
· There was no comment from the Solicitor.
Hearing no more testimony, Mr. Pirritano made a motion, seconded by Mr. Minito, to close the Hearing.
Vote on the motion: All yes. The motion carried.

Mr. Pirritano made a motion, seconded by Mr. Brown, to adopt Ordinance No. 2007-7 to amend Section 701.2, Plan Content, of the Stormwater Management Ordinance.
Vote on the motion: All yes. The motion carried.

3. Adopt Ordinance No. 2007-8, Weight Restriction, Evergreen Road:

Mr. Brown made a motion, seconded by Mr. Minito, to adopt Ordinance No. 2007-8 to establish a five-ton weight restriction on Evergreen Road from Lewisberry Road to Walnut Level Road.
Vote on the motion: All yes. The motion carried.

4. Appoint JMT to Prepare Comprehensive Plan Update:

Mr. Minito made a motion, seconded by Mr. Brown, to approve the appointment of JMT to prepare the update to the Comprehensive Plan in the amount of $29,550.
Vote on the motion: All yes. The motion carried.

5. West Shore Tax Bureau:

Mr. Brown made a motion, seconded by Mr. Pirritano, to adopt Resolution No. 2007-13 establishing the Bureau as the agency to collect the EIT and LST, appointing the Executive Director as the income tax officer, and appointing Stephen Smith as Delegate and Paula S. Tezik as Alternate to the Bureau.
Vote on the motion: All yes. The motion carried.

Mr. Pirritano made a motion, seconded by Mr. Minito to approve the West Shore Tax Bureau’s 2008 Budget.
Vote on the motion: All yes. The motion carried.

6. Application for Fire Hydrant Installation, Weatherstone:

No action was taken on this application.

7. Execute Community Development Block Grant Amendatory Contract, Comprehensive Plan:

Mr. Minito made a motion, seconded by Mr. Pirritano, to execute the amendatory contract to extend the project completion date to June 30, 2008.
Vote on the motion: All yes. The motion carried.

8. Guide Rail Modification Design, Professional Services:

Mr. Pirritano made a motion, seconded by Mr. Brown, to accept the proposal of Benatec Associates in the amount of $2,850.00.
Vote on the motion: All yes. The motion carried.

9. Present 2008 Budget:

The Board presented a budget that will raise the current millage rate from 1.40 mills to 1.60 mills; this allows for the addition of two police officers and provides the Police Department with new leased office facilities.
It also provides approximately $40,000.00 to permit the Township to hire paid drivers for 40 hours from Monday through Friday for the Fire Department. Additionally there will be capital improvements to the Township building, public works and recreation.

The Board also anticipates a $22.00 per quarter increase in the Sewer Rate beginning the first quarter of 2008; this increase will finance the Chesapeake Bay Improvements mandated by EPA and DEP.

The entire Budget will be placed on the Township’s Web Site with full detail.
Mr. Minito made a motion, seconded by Mr. Mickle, to place the proposed 2008 budget on display for public inspection until such time that it is adopted, which is scheduled for December 3, 2007 at the regularly scheduled Board Meeting.
Vote on the motion: All yes. The motion carried.

10. Zoning Hearing, November 2007:

VI. OLD BUSINESS:
Mr. Brown made a motion, seconded by Mr. Minito, to adopt ordinance 2007-9 which amends language in the existing ordinance to comply with the New LST law.
Vote on the motion: All yes. The motion carried.

Mr. Pirritano made motion, seconded by Mr. Brown, to adopt Ordinance 2007-10 which amends and updates the existing Tax ordinances.
Vote on the motion: All yes. The motion carried.

VII. NEW BUSINESS:

Julie Farrel from the Fairview Elementary School briefed the Board on the school’s activities

Chief Dugan discussed the Memorandum of Understanding with SARAA.
Mr. Brown made a motion, seconded by Mr. Minito, to authorize the Chairman and Chief Dugan to execute the agreement pending review by the Solicitor.
Vote on the motion: Mr. Pirritano abstained; all others, yes. The motion carried.

The Board agreed that the Reorganization meeting would be held on Monday, January 7th at 10:00 am. The Auditors meeting would be on Tuesday, January 8th at 10:00 am.

VIII. APPROVAL OF MINUTES – September 24, 2007 Meeting:
Mr. Brown made a motion, seconded by Mr. Minito, to approve the minutes of the September 24, 2007 meeting.
Vote on the motion: All yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:
Mr. Mickle made a motion, seconded by Mr. Minito, to ratify payment to Factory Supply Company.
Vote on the motion: All yes. The motion carried.

Mr. Brown made a motion, seconded by Mr. Mickle, to ratify payment of all other Bills Payable.
Vote on the motion: All yes. The motion carried.

X. ADJOURNMENT:
The meeting adjourned at 8:40 pm.