2008-08-25, Board of Supervisors Meeting

 

2008-08-25

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
August 25, 2008
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
Stephen F. Smith, Manager
Bernard C. Dugan, Chief of Police
Stephen M. Waller, Code Administration Director
Edward A. Stalnecker, ARRO, Engineer
Walter A. Tilley, III, Stock & Leader, Solicitor
Donna L. Nissel, Secretary

ABSENT: Perry Albert, Chairman

III. ANNOUNCEMENT OF EXECUTIVE SESSION:
Mr. Tilley advised that an Executive Session was held before this meeting to discuss legal issues pertaining to the Board’s decision on the Fager Tract, a potential conflict of interest and the location of sewer lines from the Weaver Tract.

IV. RECOGNITION OF PUBLIC:
Jon Ebersole addressed the Board concerning a property he purchased on Lincoln Drive where he intends to construct a new building and relocate his computer business. He asked the Board to have this parcel be rezoned to Commercial Highway. Mr. Mickle advised Mr. Ebersole that the Board had previously considered and denied his request as it would be spot zoning, and the Board felt that the whole area should be considered under the Comprehensive Plan update. Mr. Ebersole was advised to participate in that planning process. He indicated that he intended to do so.

V. PRESENTATION OF AUDIT:
Mr. James Koontz, Brown Schultz Sheridan & Fritz, CPA, was not present. Mr. Smith provided a brief review of the audit and advised that Mr. Koontz may attend next month’s meeting.

VI. AGENDA ITEMS:

1. Subdivision Plans:

a. Jeff Rice, 345 Old York Road – Final Subdivision Plan:

Mr. Minito made a motion, seconded by Mr. Brown to approve the final plan contingent upon submittal of signed and notarized plans, payment of all engineer review fees and compliance with the Engineer’s letter dated August 15, 2008.
Vote on the motion: All yes. The motion carried.

b. Text Amendments, Zoning Ordinance – Commercial Highway District:

Mr. Waller advised that the applicant has submitted a request for text amendments to the Zoning Ordinance. Comments from both the Fairview Township and York County Planning Commissions indicate that numerous changes are needed to add details and definitions and should be denied in its present form. Mr. John Murphy, Alpha Engineering, advised that they will make the necessary revisions and resubmit the application to both planning commissions and will ask for a public hearing to be scheduled following their review.

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c. Time Extension Requests:

501 Industrial Drive December 1, 2008
Wolf Ridge Estates December 1, 2008
Lot 1, Yorktown Road December 1, 2008
Honeysuckle Estates, Harkins Court October 27, 2008

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

2. Official Decision – Conditional Use Application, Cluster Development:

Mr. Pirritano made a motion, seconded by Mr. Minito accepting the written decision prepared by Mr. Tilley rejecting the Cluster Development plan for the Fager Tract. Text of the letter is as follows:

August 22, 2008

Fishing Creek Valley Associates, L.P.
c/o Yingst Homes
4712 Smith Street
Harrisburg, PA 17109

Re: Application for Cluster Development
R. F. Fager Tract

Dear Sir or Madam:

The Fairview Township Board of Supervisors took action to deny your request for a cluster development at the R. F. Fager Tract following its public hearing held on July 28, 2008. The denial of the application for the cluster development was made for the following reasons:
1. The By-Right and the Cluster Plan designated environmentally sensitive areas, but no supporting documentation identified the extent and the boundaries of these areas as required in Section 1605.1.D of the Zoning Ordinance.
A. Both Plans failed to provide the documentation from the Army Corps of Engineers delineating the wetlands.
B. The By-Right Plan failed to document that the stated number of homes could be built on the property with the encroachments on the wetlands shown in the plan.
2. Because some of the properties in the “By-Right” Plan were located in delineated wetlands, because the developer presented no evidence that the Army Corps of Engineers would permit development to the extent shown on the By-Right Plan, the developer failed to show the maximum number of dwelling units in the cluster development did not exceed the number of units otherwise permitted on the tract as required by Section 1605.B.
3. The By-Right Plan failed to incorporate adequate information to determine that the Plan could feasibly be constructed as required by Section 1605.1.B. Without the details listed below, it is impossible to determine the actual number of lots that could have been constructed consistent with the Zoning Ordinance under the “By-Right” Plan, nor the number of actual lots that could have been constructed under the cluster development as required under Section 1605.B.
A. Neither the By-Right Plan nor the cluster development showed the location of proposed drainage and stormwater management required for the construction of the respective developments.
B. Neither Plan showed the proposed location of the water treatment plant.
C. Neither Plan showed the location of the proposed sewage pump station.
D. Neither Plan showed the location of the drainage and retention plans.
4. The Cluster Plan fails to demonstrate adequate common open space in the development as required under Section 1605.F.
A. The Cluster Plan failed to show the proposed drainage and stormwater management facilities that would be required with the construction of the development, and failed to locate and show the construction of the water treatment plant and the sewage pump station. Each of these
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facilities would be necessarily located in some portion of the area designated on the Cluster Plan as “open space,” but these uses are not consistent with the open space requirements of the Ordinance and therefore could not be included as part of the open space. Because the developer failed to show how much of the area designated as “open space” on its plan would actually be used for other purposes, the developer failed to demonstrate that it met the open space requirements under the Ordinance.
B. The developer included as a part of its “open space” designation a buffer strip 20 feet wide between proposed buildings and a property boundary line. This buffer yard does not qualify as “open space” which are intended for recreation, minimizing impact on environmentally sensitive areas, and preserving meaningful view sheds. Because the buffer yard was included as part of the open space calculation, the developer failed to establish that it met the minimum common open space requirement under Section 1605.F.
C. The developer included a small courtyard, surrounded on all sides by buildings, as common open space. A courtyard only accessible by a few units and of such a small size does not qualify as common open space under the Ordinance. Because the courtyard was included as part of the common open space, the developer failed to establish that it meets the common open space requirements under Section 1605.F.
5. The developer failed to provide for direct or visual access to required open space in accordance with Section 1605.G.
A. Several units in the cluster development have no direct or visual access to open space, but only to a buffer yard providing only 20 feet of separation from the property boundary line.
B. Several units have direct or visual access only to a small courtyard which does not qualify as open space.
6. The developer must be the legal owner of the entire parcel proposed for the cluster development. The developer testified that he had the right to purchase the property under an agreement of sale, but that it was not the legal owner. Therefore, the developer does not comply with Section 1605.A of the Zoning Ordinance.
7. The Cluster Plan failed to include information on lot area, setbacks and impervious surface coverage as required to show compliance with Section 1605.C.
8. The Cluster Plan did not show existing woodland, hedge roads, mature trees and other significant vegetation and the efforts made to avoid disturbance to these areas. The developer made only vague and generalized statements that the disturbance would be minimized but provided no detail. Therefore the developer did not show compliance with Section 1605.E of the Zoning Ordinance.
This letter constitutes notice to you, as the developer, of the denial of the application for the cluster development and the reasons therefore as determined by the Fairview Township Board of Supervisors.

Sincerely,
Stephen M. Waller
Codes Administration Director

Vote on the motion: Mr. Brown abstained; all others, yes. The motion carried.

Mr. John Murphy, Alpha Engineering, said the applicant wishes to withdraw the application and will submit a new plan.

Mr. Pirritano made a motion, seconded by Mr. Minito to accept the applicant’s withdrawal of the Conditional Use Application, with no official letter of denial to be sent to the applicant.
Vote on the motion: Mr. Brown abstained; all others, yes. The motion carried.

3. Request for Reconsideration – Modification Request, §614, Traffic Study – Shettle’s Run:

Mr. John Walker, Hoover Engineering, said that PennDOT has indicated that they would not require a traffic study for this subdivision; however, the Township’s ordinance does require one. He asked the Board to rescind its previous decision to deny the modification request and approve the modification from doing a traffic study.
Mr. Minito made a motion, seconded by Mr. Brown to rescind their prior decision to deny the modification request.
Vote on the motion: All yes. The motion carried.
Mr. Minito made a motion, seconded by Mr. Brown to approve the modification request from §614, Traffic Study.
Vote on the motion: All yes. The motion carried.

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AUGUST 25, 2008
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4. Notice of Retirement, Bookkeeper:

Mr. Brown made a motion, seconded by Mr. Minito to accept notice of retirement from Deborah Mohr, effective February 28, 2009.
Vote on the motion: All yes. The motion carried.
Mr. Brown made a motion, seconded by Mr. Pirritano to authorize advertisement for her replacement.
Vote on the motion: All yes. The motion carried.

5. Approve 2009 Holiday Schedule, Non-Uniform Employees:

Mr. Brown made a motion seconded by Mr. Minito to approve the 2009 Holiday Schedule as presented.
Vote on the motion: All yes. The motion carried.

6. Approve Schedule of 2009 Board of Supervisors Meeting Dates:

Mr. Pirritano made a motion, seconded by Mr. Brown to approve the schedule of meeting dates as presented.
Vote on the motion: All yes. The motion carried.

7. Authorization to Award Bid – Sewer Line Repair:

Mr. Minito made a motion, seconded by Mr. Pirritano, to authorize staff to award the bid for sewer line repair, to be received 08/28/08, with ratification at the September meeting.
Vote on the motion: All yes. The motion carried.

8. Resolution No. 2008-10, 2009 Minimum Municipal Obligation (MMO) – Pension Plans:

Mr. Smith advised that the 2009 MMO for the Police Pension Plan will be $127,822 and Non-Uniform Pension Plan will be $281,259, for a total of $409,081.00.
Mr. Brown made a motion, seconded by Mr. Pirritano to adopt Resolution No. 2008-10, designating the 2009 MMO for the Police and Non-Uniform Pension Plans.
Roll Call Vote: Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes.
The Resolution was adopted.

9. Resolution No. 2008-11, Adopting the York County Hazard Mitigation Plan:

Mr. Brown made a motion, seconded by Mr. Minito, to adopt Resolution No. 2008-11, adopting the York County Hazard Mitigation Plan.
Roll Call Vote: Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes.
The Resolution was adopted.

10. Resolution No. 2008-12, NIMS Compliance:

Mr. Brown made a motion, seconded by Mr. Minito to adopt Resolution No. 2008-12, NIMS Compliance.
Roll Call Vote: Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes.
The Resolution was adopted.

11. Approve 2008 YMCA Capital Challenge:

Mr. Smith advised that this race is held every year, and traverses some Township roads.
Mr. Pirritano made a motion, seconded by Mr. Brown to approve the 2008 Capital challenge Bike Race.
Vote on the motion: All yes. The motion carried.

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12. Noise Ordinance:

Mr. Smith asked the Board if staff should pursue drafting a noise ordinance to address ATVs and dirt bikes. The current noise ordinance only provides for violation of decibel levels. Mr. Tilley discussed an ordinance from Hopewell Township which regulates all off-road vehicles.
Mr. Pirritano made a motion, seconded by Mr. Brown, authorizing the preparation of an ordinance regulating recreational off-road vehicles.
Vote on the motion: Mr. Mickle, no; all others, yes. The motion carried.

13. Zoning Hearings, September 2008:

The Board had no comment on the scheduled hearings.

VII. OLD BUSINESS:

1. Comprehensive Plan Public Meeting:

Mr. Smith announced that the next Comprehensive Plan Public Meeting is scheduled for September 16, 2008 at 7:00 p.m. at the Fire Station. He also advised that flyers about the meeting will be mailed to all residents. He also advised that +/- 1,500 survey responses have been received thus far.

2. Bond Reduction, Weatherstone:

Mr. Waller advised that Classic Communities (Weatherstone) is requesting a bond reduction in the amount of $252,673.90, leaving a bond balance of $329,664.60. The Board noted that they would take action on this request after all outstanding engineering invoices are paid and an additional deposit is made to the Engineer Inspection Escrow account.

3. Quit Claim Deeds – Thomke & Foor Properties, Ross Avenue:

Mr. Tilley advised that these deeds, previously approved by the Board, had never been recorded.
Mr. Pirritano made a motion, seconded by Mr. Minito authorizing the execution of the deeds.
Vote on the motion: All yes. The motion carried.

VIII. NEW BUSINESS:

1. Enforce Vehicle Parking – Stop Signs and Intersections:

Chief Dugan said that these restrictions are part of the State Vehicle Code. If it is felt that there is a violation, it should be reported to 911. Mr. Pirritano asked about truck tractors parked on residential streets. Chief Dugan said they are addressed on an individual basis. Mr. Michael Thompson advised that there are often truck tractors and RVs parked on Ross Avenue at the exit from the Plaza, restricting sight distance. Chief Dugan will have his officers check the area.

2. Animal Control:

Mr. Pirritano asked if there is a Dog Enforcement Officer. Chief Dugan said that Officer Tom Galli is the Animal Control Officer, and handles domestic animals only.

3. Paid Part-Time Drivers, Fire Department:

Mr. Mickle explained the job description which he distributed to the Board members, and asked them to review it for action at the next meeting. There was some discussion about the Live-In Student program. Shawna Handley advised that they have not been able to find a student that qualified for this program.

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4. Stormwater Inlets:

Mr. Smith advised that PennDOT and DEP are requiring a new type of Stormwater inlet and said the Stormwater Ordinance should be amended to reflect this change.
Mr. Brown made a motion, seconded by Mr. Pirritano authorizing staff to draft this ordinance amendment.
Vote on the motion: All yes. The motion carried.

IX. APPROVAL OF MINUTES – July 28, 2008:

Mr. Pirritano made a motion, seconded by Mr. Minito to approve the Minutes of the July 28, 2008, meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

X. RATIFICATION OF BILLS PAYABLE:

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

XI. ANNOUNCE EXECUTIVE SESSION:

Mr. Mickle advised that the Board will hold an Executive Session following this meeting.

XII. ADJOURNMENT:

The meeting was adjourned at 8:26 p.m.