2008-12-01, Board of Supervisors Meeting

2008-12-01

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
December 1, 2008
MINUTES

Mr. Albert announced that the Public Hearing scheduled for 6:00 p.m. would be delayed as the Stenographer has not arrived.

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 6:58 P.M. He advised that as the Stenographer still had not arrived, they would begin the regular meeting as a majority of the large number of audience members were here for the discussion on the ATV ordinance, and convene the Public Hearing at a later time in the meeting.

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
Edward A. Stalnecker, ARRO, Engineer
Alexandra Chiaruttini for Walter A. Tilley, III, Stock & Leader, Solicitor
Bernard G. Dugan, Chief of Police
Donna L. Nissel, Secretary

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Albert advised that an Executive Session was held on October 27, 1008 to discuss personnel matters.

IV. RECOGNITION OF PUBLIC:

There was no public comment at this time.

V. AGENDA ITEMS:

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

Mr. Smith gave a brief explanation of previous discussions and action on this matter. He advised that staff and the Solicitor recommend that the Board take no action on this Ordinance.
Mr. Mickle made a motion, seconded by Mr. Minito to take no action on Ordinance No. 2008-11. Mr. Albert stated that this means that the Ordinance is dead and will not be reconsidered.
Vote on the motion: All yes. The motion carried; the Ordinance was not adopted.

Many members of the audience spoke on the matter, both for and against. Mr. Albert recommended to Mr. Hossman, Mr. Hutchison and Mr. Stoner that a meeting be set up for them to sit down together and try to reach an amicable solution to the problem. All parties agreed.

The meeting was recessed at 7:25 p.m. and reconvened at 7:35 p.m.

PUBLIC HEARING – CONDITIONAL USE FOR CLUSTER DEVELOPMENT, FAGER TRACT:

Mr. Albert advised that the hearing would proceed even though the Stenographer did not appear.
Mr. Brown recused himself from the proceedings as he is a resident in the area of concern.
Mr. John Murphy, Alpha Engineering, discussed the plan for an 89 unit cluster development and reviewed the requirements and compliance with same. The development would have a public sewer system with flows going to the Lewisberry Authority’s plant and a community water supply.
Ruth Apa, 755 Heck Hill Road, questioned the wetlands and woodland areas. Mr. Murphy reviewed those parts of the plan.
Mary Flurie, 665 Old Quaker Road, questioned the water supply.
Jim Dorwart, 1375 Old Quaker Road, asked how many wells would be needed. Mr. Murphy said that is unknown at this time.

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December 1, 2008
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Mrs. Flurie spoke in opposition to the plan citing her previous concerns about the water table and number of people drawing on it. Mr. Murphy stated that the same number of people would be drawing on the water table whether there was a community system or individual wells on each lot.
Mr. Dorwart clarified a Community Water System and explained some of the DEP regulations on drilling wells.
Mrs. Apa objected to Mr. Dorwart’s involvement as he is a member of the Lewisberry Authority, who would benefit from the sewer connections.
Mr. Murphy clarified the reason for the hearing. Lot size only was being considered tonight.
Steve Waller, Code Director, advised that the hearing was properly posted and advertized. He also stated that hydro-geologic studies would be needed one way or the other.
Mike Fleming, Public Works Supt., asked who will own and maintain the sewer system. Mr. Murphy advised that would be the Lewisberry Authority.
Mr. Pirritano stated that he intended to vote in the affirmative.
Mr. Mickle stated that he believes a cluster development is better than a regular subdivision in this case.

Mr. Mickle made a motion, seconded by Mr. Minito, to approve the conditional use for a cluster development for the Fager Tract.
Vote on the motion: Mr. Brown abstained; all others, yes. The conditional use was approved.

The Public Hearing was closed.

V. AGENDA ITEMS CONTINUED:

2. Subdivision Plans:

a. Hickock & Beinhower, Old York Road – Final Subdivision

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the final subdivision plan for Hickock & Beinhower contingent upon submittal of signed and notarized plans; payment of all engineer review fees; and compliance with the Engineer’s letter dated October 1, 2008.
Vote on the motion: All yes. The motion carried.

b. Bond Reduction Request – Thompson Townhomes:

Current Bond 10% cont. held Reduction Amt. Remaining Amt.
$ 19,280.00 $ 3,208.00 $ 19,280.00 $ -0-

Mr. Brown made a motion, seconded by Mr. Mickle to approve the bond reduction request for the Thompson Townhomes, as recommended by the Engineer.
Vote on the motion: All yes. The motion carried.

c. Bond Reduction Request – Stonybrook Manor:

Current Bond 10% cont. held Reduction Amt. Remaining Amt.
$ 100,555.00 $ 96,586.39 $ 100,555.00 $ -0-

Mr. Minito made a motion, seconded by Mr. Mickle to approve the bond reduction request for Stonybrook Manor, as recommended by the Engineer.
Vote on the motion: All yes. The motion carried.

d. Resolution No. 2008-17, Street Acceptance – Stonybrook Lane:

Mr. Mickle made a motion, seconded by Mr. Minito to adopt Resolution No. 2008-17, accepting the dedication of Stonybrook Lane as a Township street.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Resolution was adopted.

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e. Time Extension Requests:

107 Old York Road, Ramsay February 23, 2009
Travers Roost, Pinetown Road February 23, 2009
West Shore School District, Fish.Crk.Rd. February 23, 2009
Fieldbrooke, Beinhower Road March 30, 2009
Honeysuckle Estates, Old Quaker Road March 30, 2009
Rumar, Lot 1, Yorktown Road April 27, 2009
501 Industrial Drive April 27, 2009
Cedar View Estates, Cedars Road April 27, 2009
Wolfe Ridge Estates, Pinetown Road April 27, 2009
Hickock & Beinhower, Old York Road April 27, 2009
Fairfield Inn, Beacon Hill Blvd. June 29, 2009

Mr. Mickle made a motion, seconded by Mr. Minito, to approve the time extension requests as listed above, with the exception of 107 Old York Road which will be addressed separately.
Vote on the motion: All yes. The motion carried.

Mr. Waller addressed the subdivision plan for 107 Old York Road and read the Engineer’s letter of deficiency. He advised that the plan expires today, and as the Board did not grant the time extension, they must act on the plan.

Mr. Smith advised that in addition to the plan deficiencies, there is a large outstanding sewer bill for the mobile home park.

Chris Pecora, Hartman & Associates, on behalf of the applicant, stated that they would be willing to pay all outstanding fees before the plan was recorded. The Board felt this was not satisfactory.

Mr. Mickle made a motion, seconded by Mr. Minito, to deny final minor subdivision plan approval for 107 Old York Road, based on the Engineer’s recommendation and the non-payment of outstanding sewer fees.
Vote on the motion: All yes. The motion carried.

3. Rezoning – Weaver Tract:

Mr. Smith explained that staff and the Comprehensive Plan Committee all agree that this tract should be rezoned to Residential Single. Ron Secary, the applicant’s engineer, agreed with Mr. Smith’s recommendation.
Mr. Pirritano made a motion, seconded by Mr. Brown, authorizing staff to prepare the necessary documents to rezone this tract of land and table action on Ordinances No. 2008-5, No. 2008-6, No. 2008-7 and No. 2008-8 to the meeting of January 26, 2009.
Vote on the motion: All yes. The motion carried.

4. Ordinance No. 2008-5, Permit a Reduction to the Lot Width Requirements Within a Cluster Development. (Tabled to January 26, 2009) (See above)

5. Ordinance No. 2008-6, Increase the Required Open Space Requirements in a Cluster Development. (Tabled to January 26, 2009) (See above)

6. Ordinance No. 2008-7, Require All Lots Within a Cluster Development to be Connected to a Public Sewer System. (Tabled to January 26, 2009) (See above)

7. Ordinance No. 2008-8, Establish Guidelines for Calculation of the Required Lot Impervious Areas for Lots Located Within a Cluster Development. (Tabled to January 26, 2009) (See above)

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December 1, 2008
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8. Request to Participate – CAPCOG’s Opposition to EPA Action, TMDL Issue:

Mr. Albert reviewed the background on CAPCOG’s legal action with respect to the Chesapeake Bay Initiative and advised that the EPA could be much more stringent.
Mr. Pirritano made a motion, seconded by Mr. Brown to approve the Township’s participation in CAPCOG’s opposition to EPA action with respect to TMDLs.
Vote on the motion: Mr. Albert abstained as he is the Executive Director of CAPCOG; all others, yes. The motion carried.

9. Declaration of Surplus Firearms and Authorization to Sell Same:

Mr. Minito made a motion, seconded by Mr. Brown to declare the list of firearms provided by Chief Dugan as surplus equipment and authorize the sale of same as a trade-in of approximately $2,000 for other equipment.
Vote on the motion: All yes. The motion carried.

10. Execute Contract, Animal Shelter:

Chief Dugan advised that the 2009 contract with the York County SPCA is in the amount of $7,161.00, which is calculated on 50 cents per capita based on the 2000 census.
Mr. Pirritano made a motion, seconded by Mr. Mickle to approve the 2009 contract with the York County SPCA in the amount of $7,161.00.
Vote on the motion: All yes. The motion carried.

11. Request for Modification of Driveway Separation Requirements, 711 Bencru Ave.:

Mr. Waller explained that the request for a reduction of the 100 foot separation distance was due to the placement of utility boxes on the property. He advised that both staff and the Engineer recommended denial of the request. The homeowner was advised to contact the utilities involved about easements to the boxes.
Mr. Minito made a motion, seconded by Mr. Pirritano to table action on this request to the meeting of January 26, 2009.
Vote on the motion: All yes. The motion carried.

12. Authorize Advertisement – Ordinance No. 2009-1, Amend Tax Collector Compensation & Fees:

Mr. Mickle made a motion, seconded by Mr. Pirritano to authorize staff to advertise Ordinance No. 2009-1 for adoption at the January 5, 2009 meeting.
Vote on the motion: All yes. The motion carried.

13. Request for Special Assessment for 2008 – West Shore Recreation Commission:

Mr. Minito made a motion, seconded by Mr. Brown to approve payment of the special assessment in the amount of $3,522.96.
Vote on the motion: All yes. The motion carried.

14. Request for Speed Study – Stetler Road:

Mr. Brown made a motion, seconded by Mr. Mickle to authorize a speed study for Stetler Road.
Vote on the motion: All yes. The motion carried.

15. Ratify Emergency Sewer Repair, Shuler Road:

Mr. Minito made a motion, seconded by Mr. Mickle to ratify the emergency repair on the sewer line on Shuler Road on November 22, 2008.
Vote on the motion: All yes. The motion carried.

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16. Schedule Time – Reorganization Meeting, January 5, 2009:

Mr. Pirritano made a motion, seconded by Mr. Minito to schedule the Reorganization Meeting for January 5, 2009 at 10:00 a.m.
Vote on the motion: All yes. The motion carried.

17. Authorize Speed Limit Ordinance, Beinhower Road:

Mr. Mickle made a motion, seconded by Mr. Brown to authorize preparation of a speed limit ordinance for Beinhower Road from Big Spring Road to Valley Road – 30 MPH.
Vote on the motion: All yes. The motion carried.

18. Adopt 2009 Budget:

a. Resolution No. 2008-15, Establish 2009 Revenue and Expenditures:

Mr. Mickle made a motion, seconded by Mr. Minito to adopt Resolution No. 2008-15, establishing the 2009 Revenue and Expenditures.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Resolution was adopted.

b. Resolution No. 2008-16, Establish Tax Levies:

Mr. Minito made a motion, seconded by Mr. Mickle to adopt Resolution No. 2008-16, establishing the tax levies for 2009.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Resolution was adopted.

19. Zoning Hearings, December 2008:

There was no comment on the scheduled hearings.

VI. OLD BUSINESS:

1. Mr. Fleming discussed the vacation of a portion of Big Spring Road and suggested that the portion that is left be renamed Constine Court. The Board concurred.

VII. NEW BUSINESS:

1. Mr. Smith advised that Electronics Recycling will begin in January at the Recycling Center on Fairview Road and continue year round.

2. Chief Dugan requested the Board authorize a request for reimbursement under Act 120 for Officer Vincent Trivarelli.
Mr. Pirritano made a motion, seconded by Mr. Minito authorizing Chief Dugan to execute a request for reimbursement of $13,536.
Vote on the motion: All yes. The motion carried.

3. Mr. Pirritano gave kudos to Mr. Fleming and the leaf crew for an excellent job of leaf collection this year. Mr. Fleming advised the Board that Darryl Fogle designed and built a leaf box that has 1 ½ times the capacity of the old boxes.

VIII. APPROVAL OF MINUTES – October 27, 2008:

Mr. Minito made a motion, seconded by Mr. Pirritano to approve the Minutes of the October 27, 2008, meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

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December 1, 2008
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IX. RATIFICATION OF BILLS PAYABLE:

Mr. Brown 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. Pirritano 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 9:20 p.m.