2009-04-27, Board of Supervisors Meeting

2009-04-27

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
April 27, 2009
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 6:01 P.M.

II. ROLL CALL:

PRESENT: Perry Albert, Chairman
John W. Mickle, III, Vice Chairman
John C. Minito, Supervisor
William C. Brown, Supervisor
Stephen F. Smith, Manager
Stephen M. Waller, Code Administration Director
Edward A. Stalnecker, ARRO, Engineer
Walter A. Tilley, III, Stock & Leader, Solicitor
Bernard G. Dugan, Chief of Police
Donna L. Nissel, Secretary

ABSENT: Mario D. Pirritano, Supervisor

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Tilley advised that an Executive Session was held after the meeting of March 30, 3009 to discuss personnel issues and enforcement of the Land Development Ordinance.

IV. PUBLIC HEARING – ZONING MAP CHANGE – LINCOLN DRIVE:

Mr. Waller gave a brief history of Mr. Ebersole’s request to change the zoning on two properties on Lincoln Drive from Residential Single to Commercial Highway. He advised that the Fairview Township Planning Commission recommended approval, the York County Planning Commission recommended denial, and staff also recommends that it be denied.
Mr. Ebersole presented his testimony in favor of rezoning the two parcels.
Members of the audience questioned Mr. Ebersole about his plans for the property and the majority of neighboring property owners who were present expressed their opposition to the zoning change.
Mr. Albert stated that Mr. Ebersole had previously been before the Board asking for this change. The Board did not want to make a decision without input from neighboring property owners.
Mr. Minito thanked those present for their input.
Mr. Brown made a motion, seconded by Mr. Minito to deny the application for a zoning change.
Vote on the motion: All yes. The motion carried.
The hearing was adjourned at 7:02 p.m.

The Board took a short recess and reconvened the meeting at 7:14 p.m.

IV. RECOGNITION OF PUBLIC:

There was no further comment from the audience.

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April 27, 2009
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V. AGENDA ITEMS:

1. Subdivision Plans:

A. Modification Requests:

1. Noble Ventures – Marsh Run Road:

a. 402.1.O – Adjacent Features
b. 602.2.A & 602.2.C – Cartway Improvements
Mr. Mickle made a motion, seconded by Mr. Brown to approve the modification requests from 402.1.O, 602.2.A and 602.2.C.
Vote on the motion: All yes. The motion carried.

2. Shettle Farm – School House Lane:

a. 402.1 – Original Property Description
b. 402.1.O – Adjacent Features
c. 403.2.D – Stormwater Management
d. 602.1.G, 602.2.A & 602.2.C – Cartway Improvements, Lewisberry Road
Mr. Brown made a motion, seconded by Mr. Minito to approve the modification requests from 402.1, 402.1.O, 403.2.D, 602.1.G, 602.2.A and 602.2.C.
Vote on the motion: All yes. The motion carried.

e. 602.2.A & 602.2.C – Cartway Improvements, School House Lane:
Mr. Brown made a motion, seconded by Mr. Minito, to deny the modification request from 602.2.A and 602.2.C.
Vote on the motion: All yes. The motion carried.

3. Acme Trailer Works – Ross Avenue:

Mr. Mickle recused himself and joined the audience as he is the owner of the property.

a. 301 – Preliminary Plan
b. 402.0.A – E & S Written Approval
c. 611.3 – Concrete Monuments
d. 701 Stormwater Management Report
Mr. Brown made a motion, seconded by Mr. Minito to approve the modification requests from 301, 402.O.A and 701.
Vote on the motion: All yes. The motion carried.

Mr. Dave Weibrecht, Alpha Consulting, representing the owner, addressed the modification request from 611.3, Concrete Monuments. He said that it is his opinion that existing markers or pins should not be removed and replaced. One corner marker is under the neighboring property’s driveway and the other corner has an iron pin marker. He suggested that the Board consider a text amendment to address this issue.
Mr. Minito made a motion, seconded by Mr. Brown to approve the modification request from 611.3 and consider a text amendment.
Vote on the motion: All yes. The motion carried.
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B. Final Land Development Plan – Diocesan Publications, Limekiln Rd.:

Mr. Waller advised that this plan is not ready for Board action.

C. Final Land Development Plan – Acme Trailer Works, Ross Avenue:

Mr. Mickle remained in the audience as he is the owner of the property.

Mr. Brown made a motion, seconded by Mr. Minito to approve the Final Land Development Plan for Acme Trailer Works contingent upon the action on the modification requests above; signed and notarized plans; payment of engineer review fees; and compliance with the Engineer’s letter dated April 2, 2009.
Vote on the motion: All yes. The motion carried.

D. Preliminary Subdivision Plan – Travers Roost, Pinetown Road:

Mr. Waller advised that this plan, which consists of 15 lots, does not meet all the requirements. Staff met with the applicant and PennDot, and PennDOT’s representative indicated that PennDOT would take issue with the number of driveways onto Pinetown Road. The applicant’s attorney believes it can be resolved and reminded the Board that this is only a preliminary plan.
Mr. Mickle made a motion, seconded by Mr. Minito to approve the Preliminary Subdivision Plan for Travers Roost.
Vote on the motion: All yes. The motion carried.

E. Bond Reduction Requests:

1. A.G. Mauro:

Current Bond 10% Contingency Reduction Amount Remaining Amount $184,900.90 $16,781.00 $164,319.00 $20,281.90

Mr. Brown made a motion, seconded by Mr. Mickle to approve the Bond Reduction Request for A.G. Mauro, as recommended by the Engineer.
Vote on the motion: All yes. The motion carried.

2. Woodbridge Farms, Phase 7:

Current Bond 10% Contingency Reduction Amount Remaining Amount
$757,871.40 $68,897.40 $482,592.00 $275,279.40

Mr. Mickle made a motion, seconded by Mr. Brown to approve the Bond Reduction Request for Woodbridge Farms, Phase 7, as recommended by the Engineer.
Vote on the motion: All yes. The motion carried.

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April 27, 2009
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F. Time Extension Requests:

Diocesan Publications May 18, 2009
Silver Fox Estates – Highland Drive July 27, 2009
New View – Shawnee Court July 27, 2009
Fager Tract – Lewisberry Road July 27, 2009
Grace Baptist Church – Wyndamere Road August 31, 2009
501 Industrial Drive December 7, 2009
Doe Run, Preliminary – Old Quaker Road December 7, 2009
Pelleschi – Locust Road December 7, 2009
Irish Meadows – Emily Lane December 7, 2009
Rumar – Yorktown Road December 7, 2009
Cliffside Drive (Hoover Eng.) December 7, 2009
Postupak – Meadowbrook Road December 7, 2009
Cedar View Estates, Final – Cedars Road December 7, 2009
Noble Ventures – Marsh Run Road December 7, 2009
Wolfe Ridge Estates, Final – Pinetown Road December 7, 2009

Mr. Mickle made a motion, seconded by Mr. Minito to approve the time extensions as listed above, with the exception of Wolfe Ridge Estates, which will be addressed separately.
Vote on the motion: All yes. The motion carried.

G. Wolfe Ridge Estates:

Mr. Waller advised that a time extension was requested to December 7, 2009. He recommended that the time extension, as well as the subdivision plan, be denied for non-payment of engineer’s review fees, as specified in Resolution No. 2008-13, and non-compliance with the engineer’s letter dated 03/27/08 (letter attached).

Mr. Brown made a motion, seconded by Mr. Minito, to deny approval of the time extension request and the subdivision plan as recommended by Mr. Waller.
Vote on the motion: All yes. The motion carried.

2. Speed Study – Cider Press Road:

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

3. Request for Relief, Engineer’s Fees – Brian Bolger:

Mr. Bolger explained that he felt the charges were excessive. Mr. Stalnecker advised that he had done five plan reviews as well as several site visits. He indicated that he would, however, be willing to reduce the charges by 30% to approximately $2,000. Mr. Bolger felt he should only have to pay $800. He was advised that if an agreement cannot be reached, a third party engineer, agreed upon by both the Township and Mr. Bolger, can be hired to determine what would be fair and both parties would be bound by his decision. The fees for this service would be split 50-50 by both parties. Mr. Bolger consented to pay $1,600; Mr. Stalnecker concurred. This concluded the matter.
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4. Ratify Hire – Building Inspector:

Mr. Brown made a motion, seconded by Mr. Minito to ratify the employment of Shawn Lechene as Building Inspector, effective May 12, 2009, at a starting salary of $22.36/hour with a six month probationary period.
Vote on the motion: All yes. The motion carried.

5. Springers Lane Paving:

Mr. Smith advised that Beinhower’s have a contract with PAWC to pave the portion of Springers Lane where a new water line was installed. It was suggested that if the Township purchases 280 ton+/- of asphalt, they will pave the entire width of Springers Lane instead of just the strip over the water line.
Mr. Minito made a motion, seconded by Mr. Mickle to move forward with this project.
Vote on the motion: All yes. The motion carried.

6. Discussion, Pension Plans:

Mr. Smith advised that the Pension Board members met with the actuary today and reviewed the future costs of the plans. He would like to schedule a meeting with the Board and the actuary to review this information. The Board concurred. The meeting will be scheduled for sometime in June.

7. Zoning Hearings:

There was no comment on the scheduled hearings.

VI. OLD BUSINESS:

1. Comprehensive Plan: A joint meeting of the Board and the Planning Commission will be held June 2, 2009, at 7:00 p.m. This is the Planning Commission’s regular meeting night.

2. Red Land Senior Center:
The Board agreed to provide an additional $2,500 in funding to the Center for 2009.

3. Comcast Franchise Agreement:
Mr. Albert advised that negotiations with Comcast will begin in August for a 10 year contract.

VII. NEW BUSINESS:

1. Joint Meeting, Authority and Board of Supervisors:

Mr. Smith advised that a joint meeting of the Authority and Supervisors will be held May 12, 2009, at 7:00 p.m. to discuss a proposal to purchase capacity in Newberry Township Authority’s plant.

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VIII. APPROVAL OF MINUTES – March 30, 2009:

Mr. Mickle made a motion, seconded by Mr. Minito to approve the minutes of the March 30, 2009 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. Mickle 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:

Mr. Mickle made a motion, seconded by Mr. Minito to adjourn the meeting
Vote on the motion: All yes. The meeting was adjourned at 8:40 p.m.