2008-10-27, Board of Supervisors Meeting

2008-10-27

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
October 27, 2008
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 7:00 P.M.

II. ROLL CALL:

PRESENT: Perry Albert, Chairman
John W. Mickle, III, Vice Chairman
John C. Minito, Supervisor
Mario D. Pirritano, Supervisor
William C. Brown, 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

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Tilley advised that an Executive Session was held before tonight’s meeting to discuss legal issues pertaining to rezoning a property.

IV. RECOGNITION OF PUBLIC:

1. Mrs. Annette Ott, Woodbridge Drive, discussed the problem of speeders on Beinhower Road, particularly on the S turn. Mr. Albert advised that this matter is on the agenda. The Township must ask for a speed study by York County Planning Commission who will make recommendations on the appropriate speed limit.

V. AGENDA ITEMS:

1. Subdivision Plans:

a. Bond Reduction Request – Olde Orchard Hill, Phases III & IV:

Current Bond 10% cont. held Reduction Amt. Remaining Amt.
$ 724,828.24 $ 65,893.48 $ 407,578.20 $ 317,250.04

Mr. Brown made a motion, seconded by Mr. Mickle to approve the bond reduction request for Olde Orchard Hill, Phases III & IV, as recommended by the Engineer.
Vote on the motion: All yes. The motion carried.

b. Bond Reduction Request – Cider Press Estates:

Current Bond 10% cont. held Reduction Amt. Remaining Amt.
$ 124,582.85 $ 38,001.75 $ 60,314.10 $ 38,001.75

Mr. Minito made a motion, seconded by Mr. Pirritano to approve the bond reduction request for Cider Press Estates, as recommended by the Engineer.
Vote on the motion: All yes. The motion carried.

c. Modification Requests:

1. Travers Roost, Pinetown Road – 402.1.C, Driveway Scale; 701.3.C.4.A, Stormwater Calculations.
Mr. Mickle made a motion, seconded by Mr. Brown to approve the modification requests for Travers Roost as listed above.
Vote on the motion: All yes. The motion carried.

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October 27, 2008
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2. Fairfield Inn & Suites, Beacon Hill Blvd. – 402.1.A, Original Property Description.
Mr. Pirritano made a motion, seconded by Mr. Minito to approve the modification request for Fairfield Inn & Suites as listed above.
Vote on the motion: All yes. The motion carried.

3. Daub & Beinhower, Old York Road – 303, Preliminary Plan; 402.1.O, Existing Features; 602.1.G, Road Widening.
Mr. Minito made a motion, seconded by Mr. Mickle to approve the modification requests for Daub & Beinhower as listed above.
Vote on the motion: All yes. The motion carried.

4. Lenker Estates, Limekiln Road – 605.1, Sidewalks.
Mr. Brown made a motion, seconded by Mr. Mickle to approve the modification request for Lenker Estates as listed above.
Vote on the motion: Mr. Pirritano, no; all others, yes. The motion carried.

Mr. John Walker, representing Lenker Estates, asked the Board for some clarification on the construction of the sewer lines for this subdivision. He said their latest plan shows 9 individual low pressure lines connected to the manhole in Surrey Court. The Township Planning Commission has recommended denial. He said that there would be a declaration stating that each individual homeowner would have the obligation for any maintenance and repair to their line, as well as their grinder pump. The Board concurred.

d. Time Extension Requests:

Honeysuckle Estates, Harkins Court December 1, 2008
Silver Fox Estates, Highland Drive January 26, 2009
Lowery, 619 Old York Road January 26, 2009
Doe Run, Old Quaker Road April 27, 2009
Pelleschi, Locust Road April 27, 2009
Irish Meadows, Emily Lane April 27, 2009
Lenker Estates, Limekiln Road April 27, 2009
Lots 1 & 6 Cliffside, Beacon Hill Blvd. April 27, 2009
Postupak, Old York Road April 27, 2009
Noble Ventures, Marsh Run Road April 27, 2009
Shettels Run, Old Quaker Road April 27, 2009

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

2. Ordinance No. 2008-5, Permit a Reduction to the Lot Width Requirements Within a Cluster Development. (Tabled from Sept. 29, 2008) (See below)

3. Ordinance No. 2008-6, Increase the Required Open Space Requirements in a Cluster Development. (Tabled from Sept. 29, 2008) (See below)

4. Ordinance No. 2008-7, Require All Lots Within a Cluster Development to be Connected to a Public Sewer System. (Tabled from Sept. 29, 2008) (See below)

5. Ordinance No. 2008-8, Establish Guidelines for Calculation of the Required Lot Impervious Areas for Lots Located Within a Cluster Development. (Tabled from Sept. 29, 2008) (See below)

Mr. Secary and Mr. Lucas, representing the developer of the Weaver tract, discussed with the Board the possibility of rezoning the tract to Residential Single and tabling action on the above 4 ordinances until the December 1st meeting.

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Mr. Brown made a motion, seconded by Mr. Minito to authorize staff to investigate the rezoning of this tract and to table action on the ordinances until the December 1st meeting.
Vote on the motion: All yes. The motion carried.
Mr. Tilley advised that the ordinances will need to be re-advertized.

6. Ordinance No. 2008-9, Add Language Establishing Time Limitations for Zoning Permits Issued in Conjunction with a Conditional Use Approval. (Tabled from September 29, 2008)

Mr. Brown made a motion, seconded by Mr. Pirritano to adopt Ordinance No. 2008-9. Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Pirritano, yes; Mr. Brown, yes. The Ordinance was adopted.

7. Swale – Deer Run:

Mr. Stalnecker explained that drainage swales in Deer Run were installed approximately 6 inches to shallow. The residents do not want their yards dug up and in his opinion there is plenty of capacity in the storm sewers to handle the water. He recommended that the swales be left as is. The Board concurred.

8. Ordinance No. 2008-11, Regulating Operation and Use of Recreational Vehicles:

Mr. and Mrs. Hutchison, Silver Lake Road, spoke in support of the Ordinance. Mr. Hossman advised that there are deed restrictions against noise disturbance on the properties. Lt. Hockenberry said that many of the restrictions as written are too subjective and would be an enforcement nightmare. The Board discussed the pros and cons of the ordinance; Mr. Mickle stated that he is against the ordinance and would not vote to adopt it.
Mr. Minito made a motion, seconded by Mr. Brown to table action on Ordinance No. 2008-11 until the December 1st meeting in order to review and perhaps revise it to make it more enforceable.
Vote on the motion: All yes. The motion carried.

9. Request to Alter Yard Waste Collection Days – Penn Waste:

Mr. Smith explained that Penn Waste has requested to move the yard waste collection from the 1st Saturday to the 3rd Saturday. He recommended leaving the schedule as is until the next contract bid. The Board concurred.

10. Allocation of Fireman’s Relief Funds – $119,147.14:

Mr. Pirritano made a motion, seconded by Mr. Mickle to allocate the Fireman’s Relief funds as follows: $5,000.00 to the Lisburn Fire Department; $114,147.14 to the Fairview Township Fire Department.
Vote on the motion: All yes. The motion carried.

11. Modification of Tax Collector’s Compensation & Ability to Collect Fees:

Mr. Smith advised that the Tax Collector has requested that the fee for a Tax Certification be increased from $5.00 to $10.00 per certification.
Mr. Minito made a motion, seconded by Mr. Brown to authorize preparation of an ordinance amendment for Tax Collector’s Compensation.
Vote on the motion: All yes. The motion carried.

12. Permanent Status – Charles Semken, Wastewater Dept.; Paul Rodrigo and Donald Shatzer, MS-4:

Mr. Mickle made a motion, seconded by Mr. Minito to grant permanent status to Charles Semken, Paul Rodrigo and Donald Shatzer, effective on their six-month anniversary dates, respectively.
Vote on the motion: All yes. The motion carried.
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13. Appoint Right-to-Know Officers (Open Records Management):

Mr. Brown made a motion, seconded by Mr. Mickle to appoint the Township Secretary as the Right-to-Know Officer, and the Assistant Secretary as alternate, for Fairview Township civil matters only.
Vote on the motion: All yes. The motion carried.

Mr. Brown made a motion, seconded by Mr. Mickle to appoint the Chief of Police as the Right-to-Know Officer, with the second in command as alternate, for Police Department matters only.
Vote on the motion: All yes. The motion carried.

14. West Shore Tax Bureau:

a. Approval of West Shore Tax Bureau’s 2009 Budget:

Mr. Pirritano made a motion, seconded by Mr. Minito to approve the West Shore Tax Bureau’s 2009 Budget of $1,391,423.45.

b. Resolution No. 2008-14, Establishing the Bureau as Collection Agency, Appointing the Executive Director as Income Tax Officer and Appointing Delegate and Alternate to the Board of Directors:

Mr. Brown made a motion, seconded by Mr. Mickle to adopt Resolution No. 2008-14, establishing the Bureau as the agency to collect EIT and LST taxes, appointing the Executive Director as the Income Tax Officer, and appointing Stephen F. Smith as Delegate and Perry Albert as Alternate to the Bureau’s Board of Directors.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Resolution was adopted.

15. Ratify Emergency Repair, Corn Hill Pump Station:

Mr. Mickle made a motion, seconded by Mr. Minito to ratify the emergency repair at the Corn Hill Pump Station.
Vote on the motion: All yes. The motion carried.

16. Speed Study – Beinhower Road:

Mr. Mickle made a motion, seconded by Mr. Minito to authorize a speed study, including a coefficient friction test, for Beinhower Road.
Vote on the motion: All yes. The motion carried.

17. Present 2009 Budget of Township Funds:

Mr. Smith gave a brief overview of the 2009 budget. He advised that revenue sources, including Real Estate taxes, Liquid Fuels tax and Real Estate Transfer taxes, are all down. He said there are no Capital Improvements projected and the work planned for Green Lane Farms has been eliminated. There will be no tax increases, except Fire Hydrant and Street Light.
Mr. Mickle made a motion, seconded by Mr. Minito to present the 2009 Budget of Township Funds and advertize same for adoption at the December 1, 2008 meeting.
Vote on the motion: All yes. The motion carried.

18. Zoning Hearings, November 2008:

Mr. Waller advised the Board of the scheduled hearings.

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VI. OLD BUSINESS:

1. Mr. Mickle said that as clarification on the hiring of paid fire fighters that they are not to leave the Township during their on-duty hours.

2. Mr. Fleming discussed the vacation of a portion of Big Spring Road.

3. Mr. Pirritano brought up the matter of Day Care Centers and advised he will have more information for the December meeting.

VII. NEW BUSINESS:

1. Mr. Smith advised there has been a request for “Children at Play” signs. Mr. Albert will bring the request to the Lion’s Club.

2. Mr. Smith discussed recent requests for relief from paying sewer charges. He advised that the current policy is not to waive the sewer fee unless the sewer line has been capped. The Board concurred.

VIII. APPROVAL OF MINUTES – September 29, 2008:

Mr. Minito made a motion, seconded by Mr. Pirritano to approve the Minutes of the September 29, 2008, meeting of the Board of Supervisors.
Vote on the motion: Mr. Brown abstained as he was not present at the meeting; all others, yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:

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

X. ANNOUNCE EXECUTIVE SESSION:

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

XI. ADJOURNMENT:

The meeting was adjourned at 8:50 p.m.