2008-09-29, Board of Supervisors Meeting

2008-09-29

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
September 29, 2008
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 6:00 P.M.

II. ROLL CALL:

PRESENT: Perry Albert, Chairman
John W. Mickle, III, Vice Chairman (Arrived at 6:08 p.m.)
John C. Minito, Supervisor
Mario D. Pirritano, Supervisor
Stephen F. Smith, Manager
Stephen M. Waller, Code Administration Director (Arrived at 6:15 p.m.)
Edward A. Stalnecker, ARRO, Engineer
Walter A. Tilley, III, Stock & Leader, Solicitor
Donna L. Nissel, Secretary

ABSENT: William C. Brown, Supervisor

III. ANNOUNCEMENT OF EXECUTIVE SESSION:
Mr. Tilley advised that an Executive Session was held after the meeting of August 25, 2008 to discuss personnel issues and other matters falling under Attorney-Client Privilege.

IV. PUBLIC HEARING – TEXT AMENDMENTS, ZONING ORDINANCE:
Mr. Tilley convened the Public hearing which was held for the purpose of considering zoning text amendments as submitted by the developer for the Weaver Tract Cluster Development. Representing the developer were Ron Lucas and Ron Secary. They explained that the proposed amendments would reduce lot width by 30%, increase open space from 20% to 30%, require all lots be connected to public sanitary sewer, establish guidelines for impervious coverage and provide that a zoning permit shall not expire if a subdivision or a land development plan is filed within six months of the issuance of a zoning permit.
Mr. Pirritano asked if these amendments are passed now, but in the future they would need to be changed or rescinded, what would the procedure be. Mr. Tilley advised that another public hearing would be held.
Mr. Minito asked if these changes would apply to the whole Township. Mr. Waller advised they would pertain to Residential Single and Residential Rural where Cluster Development is already allowed. Mr. Tilley said this would not expand where clusters are allowed but just amend the text for where they are allowed now.
Mr. Pirritano voiced his reluctance to go against the recommendations of the York County Planning Commission.
There were no public questions or comments.
Mr. Waller provided a brief history of the amendment requests. He advised that the Township Planning Commission recommended approval of all but the requirement for public sewer. The York County Planning Commission recommended denial in favor of incorporating these changes into the Comprehensive Plan. He advised that staff’s opinion is that cluster zones should be defined by area in the update of the Comprehensive Plan.
Mr. Pirritano asked when the Plan would be finalized. Mr. Smith advised that there will be more public meetings before the end of the year and the Plan may be ready by the end of January.
Mr. Lucas requested that action on the amendments be tabled until the next meeting. Mr. Minito questioned what would be different if they waited until next month.
Mr. Pirritano made a motion, seconded by Mr. Mickle, to table action on the five Ordinances until the next meeting to be held on October 27, 2008.
Vote on the motion: Mr. Minito, no; all others, yes. The motion carried.
Mr. Tilley announced that the Public Hearing was concluded at 6:59 p.m.

The Board recessed the meeting and reconvened at 7:15 p.m.

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SEPTEMBER 29, 2008
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V. RECOGNITION OF PUBLIC:
1. Mr. Michael Thompson asked about the status of the Bolger property. Mr. Waller advised that the applicant has not met all the conditions and the plan has not yet been approved.

2. Mr. Steve Hutchison, Silver Lake Road, reiterated his concerns about the conditions on Silver Lake Road with respect to dirt bike riding and encouraged the Board’s positive action on the proposed Ordinance.

3. Mr. Rick Hossman offered his congratulations on the Township Building renovations.

4. Mr. Pirritano advised of the passing of Artie Shaffer, longtime Township resident and former Supervisor, and asked for a moment of silence in his memory.

VI. AGENDA ITEMS:

1. Subdivision Plans:

a. FedEx, Industrial Drive – Final Land Development Plan:

Section 403.D Stormwater Management Plan
Mr. Minito made a motion, seconded by Mr. Pirritano to approve the modification request from Section 403.D.
Vote on the motion: All yes. The motion carried.

Mr. Mickle made a motion, seconded by Mr. Minito to approve the final land development plan contingent upon submittal of signed and notarized plans, payment of all engineer review fees and compliance with the Engineer’s letter dated August 28, 2008.
Vote on the motion: All yes. The motion carried.

b. John Christoph, Siddonsburg Road – Final Minor Subdivision Plan:

Section 602.2.C Roadway Widening
Mr. Pirritano made a motion, seconded by Mr. Minito to approve the modification request from Section 602.2.C.
Vote on the motion: All yes. The motion carried.

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

c. Bond Reduction Request – Weatherstone:

Mr. Pirritano made a motion, seconded by Mr. Minito to approve the bond reduction for Weatherstone from $583,338.50 to $330,664.60, as recommended by the Engineer.
Vote on the motion: All yes. The motion carried.

d. Bond Release Request – Carpenter Realty:

Mr. Mickle made a motion, seconded by Mr. Minito to approve the bond release for Carpenter Realty from $25,982.00 to $3,543.00 as a maintenance bond.
Vote on the motion: All yes. The motion carried.

e. Conditional Use Application – Cluster Development, R.F. Fager Tract:

Mr. Minito made a motion, seconded by Mr. Albert to schedule a Public Hearing for Monday, December 1, 2008 at 6:00 p.m.
Vote on the motion: All yes. The motion carried.

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SEPTEMBER 29, 2008
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f. Conditional Use Application – Cluster Development, Weaver Tract:

The application was withdrawn by the applicant.

g. Time Extension Requests:

Metzler Hangar, Cap. City Airport December 1, 2008
Fieldbrooke, Beinhower Road December 1, 2008
Hickock & Beinhower, Marsh Run Road January 26, 2009
Cedar View Estates, Cedars Road January 26, 2009
Deerfield Estates, Old Stage Road January 26, 2009
Hutton Commons, Beinhower Road January 26, 2009
Grace Baptist Church, Wyndamere Road January 26, 2009

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

2. County Convention – November 13, 2008:

Board members will notify Mr. Smith if they will attend the convention.

3. Ratify Bid Award – Sanitary Sewer Rehabilitation:

Mr. Pirritano made a motion, seconded by Mr. Minito to ratify the bid award for Sanitary Sewer Rehabilitation to Reynolds Inliner in the amount of $68,744.00.
Vote on the motion: All yes. The motion carried.

4. Approve West Shore Recreation Commission 2009 Contribution:

Mr. Minito made a motion, seconded by Mr. Pirritano to approve the West Shore Recreation Commission 2009 contribution in the amount of $31,277.00.
Vote on the motion: All yes. The motion carried.

5. Ordinance No. 2008-10, Cable Franchise Agreement – Verizon Pennsylvania, Inc.:

Mr. Pirritano made a motion seconded by Mr. Minito to adopt Ordinance No. 2008-10, authorizing the execution of a cable franchise agreement between Fairview Township and Verizon Pennsylvania, Inc.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, no; Mr. Pirritano, yes; Mr. Minito, yes. The Ordinance was adopted.

6. Ratify Employment, Financial Clerk:

Mr. Minito made a motion, seconded by Mr. Mickle to ratify the employment of Michelle R. Holt as Financial Clerk effective 09/17/08 at a starting salary of $16.00/hour, with a 6 month probationary period to 03/17/09.
Vote on the motion: All yes. The motion carried.

7. Resolution No. 2008-13, Imposing Consequences – Non-payment of Township Accounts:

Mr. Pirritano made a motion, seconded by Mr. Mickle to adopt Resolution No. 2008-13, imposing consequences for non-payment of Township accounts.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Pirritano, yes.
The Resolution was adopted.

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September 29, 2008
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8. Stonybrook – Release of Liability:

Mr. Waller advised that the swale system was never completely installed by the developer or was filled in when homes were constructed.
Mr. Stalnecker explained that the present homeowners do not want to dig up their yards to properly install the swales.
Mr. Mickle made a motion, seconded by Mr. Pirritano to approve the form for the Release of Liability to be signed by the property owners, after which the Board will formally accept the Release of Liability.
Vote on the motion: All yes. The motion carried.

9. Fairfield – Non-Acceptance of Portions of Sewer System:

Mr. Stalnecker advised that portions of the sewer system in the Fairfield development have been improperly installed and recommends not accepting those specific runs. He said that the Homeowners Association will accept responsibility for this portion of the system. The developer will be advised to provide revised Deeds of Dedication deleting these runs and specifically expressing in writing who will be responsible for that portion of the sewer system that is not dedicated to the Township.

10. Authorization to Advertise, Recreational Vehicle Ordinance:

Mr. Minito made a motion, seconded by Mr. Pirritano to authorize staff to advertise an ordinance regulating the operation and use of recreational vehicles.
Vote on the motion: Mr. Mickle, no; all others, yes. The motion carried.

11. Authorization to Hire, Township-Paid Firefighters:

Mr. Mickle made a motion, seconded by Mr. Pirritano, to authorize hiring Township-paid Firefighters for daytime, part-time, Monday-Friday shifts.
Vote on the motion: All yes. The motion carried.

12. Act 537 Plan:

Mr. Mickle briefly reviewed the Plan for the Board. The complete Plan is available for their review.

13. Vacancy, Recreation Commission:

Mr. Minito advised that David Steckel has resigned from the Recreation Commission as he has moved out of the Township, and asked for the Board’s approval to search for a replacement to fill the unexpired term to January, 2012. The Board concurred.

14. Zoning Hearings, October 2008:

The Board had no comment on the scheduled hearings.

VII. OLD BUSINESS:

There was no Old Business discussed.

VIII. NEW BUSINESS:

Mrs. Birgit Novacek, 333 Dorwart Circle, asked the Board’s permission to barricade a portion of Dorwart Circle for a Block Party on October 4th from 3:30 to 7:30 p.m. Chief Dugan responded that he saw no problem with the request.
Mr. Minito made a motion, seconded by Mr. Pirritano to grant Mrs. Novacek’s request.
Vote on the motion: All yes. The motion carried.

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IX. APPROVAL OF MINUTES – August 25, 2008:

Mr. Minito made a motion, seconded by Mr. Mickle to approve the Minutes of the August 25, 2008, meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

X. RATIFICATION OF BILLS PAYABLE:

Mr. Pirritano made a motion, seconded by Mr. Mickle to ratify payment to Factory Supply.
Vote on the motion: Mr. Albert abstained as he owns the building in which the business is located; all others, yes. The motion carried.

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

XI. ANNOUNCE EXECUTIVE SESSION:

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

XII. ADJOURNMENT:

The meeting was adjourned at 7:55 p.m.