2009-09-28, Board of Supervisors Meeting

2009-09-28

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
September 28, 2009
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 7:03 P.M.

II. ROLL CALL:

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

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Tilley advised that an Executive Session was held prior to this meeting and provided a summary of the subjects discussed: Notice from Environmental Protection Agency for survey data; excavation and fill ordinance; EDU usage, Kwik Shine Car Wash; pension calculations; bidding for health insurance; and fire police certification.

Mr. Albert advised that an Executive session was held September 10th to discuss Fire Department payroll and other personnel matters.

IV. RECOGNITION OF PUBLIC:

There was no public comment.

V. AGENDA ITEMS:

1. Public Hearing – Comcast Cable Franchise Renewal:

Mr. Albert advised that the current franchise agreement expires in January, 2010 and Fairview Township is beginning the process of renewing this franchise. A public hearing is part of the preliminary portion of the renewal, in which the Township reviews the cable operator’s past performance and identifies its future cable-related community needs. He then introduced Kristen Ritchey, representing Comcast. She said that it has been 10 years since Fairview’s first franchise agreement and explained the many upgrades and enhanced services they have provided since then.
Mr. John Gizienski, 711 Bencru Ave., asked if this franchise had any benefit to the Township. Mr. Albert stated that the Township received 5% of the revenue for TV services.
Mr. Pirritano asked Ms. Ritchey if she had a breakdown by the various providers. She said that satellite services account for about 20% but there are no figures available for Verizon or Comcast.
Mr. Brown asked if there were any plans to expand their service in Fairview Township. Ms. Ritchey said that it would depend on demand in a particular area. It cost about $30,000 per mile to extend the service lines so there would have to be enough connections to be cost effective.
There were no more questions from the audience or Board members. The hearing was closed at 7:18 p.m.

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September 28, 2009
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2. Subdivision Plans:

A. Zoning Map Change – RR to RS, Old Forge Road (Weaver Tract):

Mr. Waller explained the history of the Weaver Tract and advised that the developer is not pursuing the development at this time.
Mr. Pirritano made a motion, seconded by Mr. Mickle not to conduct a public hearing on this matter at this time and consider this change in zoning upon completion of the Comprehensive Plan.
Vote on the motion: All yes. The motion carried.

B. Modification Request – 410 Valley Road:

It was explained that the plan was for a small addition of a sunroom to the rear of the parsonage at Fishing Creek Salem United Methodist Church, which would have a minimal impact.
Mr. Minito made a motion, seconded by Mr. Brown to approve the modification request from the SLDO requirements as they apply to land development.
Vote on the motion: All yes. The motion carried.

C. Modification Request – 113 Old York Road, Mobile Home Replacement:

Mr. Pirritano made a motion, seconded by Mr. Mickle to approve the modification request to replace a mobile home at 113 Old York Road.
Vote on the motion: All yes. The motion carried.

D. Modification Request – 711 Bencru Lane:

606.4.C – Driveway Separation Distance:

The property owner is requesting a modification from the 100’ distance requirement to 85’, centerline to centerline. Mr. Tilley advised that the unique characteristics allow the Board to grant the waiver due to utility boxes blocking his ability to place the driveway at the required distance.
Mr. Mickle made a motion, seconded by Mr. Pirritano to grant the modification for driveway separation distance to 85’ from centerline to centerline.
Vote on the motion: All yes. The motion carried.

E. Modification Request – Nazarro & Fisher, Evergreen Road:

602.2.B, 602.2.C – Cartway Improvements

Mr. Minito made a motion, seconded by Mr. Mickle to approve the modification request from 602.2.B and 602.2.C, Cartway Improvements.
Vote on the motion: All yes. The motion carried.

F. Modification Requests – Gilmore, Willis Road:

1. 402.1.A – Original Property Scale
2. 402.1.O – Adjacent Features
3. 403.2.D – Stormwater Plan
4. 602.1.G, 602.2.A, 602.2.C – Cartway Improvements

Mr. Pirritano made a motion, seconded by Mr. Brown to approve the above listed modifications request, with the provision that if there is any future subdivision, the property will come into compliance with the Subdivision Ordinance.
Vote on the motion: All yes. The motion carried.

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September 28, 2009
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G. Time Extension Requests:

Fieldbrooke, Beinhower Road December 28, 2009
FedEx, Industrial Drive March 29, 2010
Silver Fox Estates, Highland Drive January 25, 2010
Mikos/Kolmansberger, Bid Spring Road December 7, 2009
Bonnie Plants, Limekiln Road December 7, 2009
Travers Roost, Pinetown Road October 26, 2009

Mr. Mickle made a motion, seconded by Mr. Brown to approve the six (6) above listed time extension requests.
Vote on the motion: All yes. The motion carried.

H. Modification Requests – Mikos Estate, Big Spring/Timber Roads:

1. 401.1.O – Existing Features
2. 402.1.A – Original Property Scale
3. 602.1.G, 602.2.A, 602.2.C – Cartway Improvements
4. 604.2 – Curbing Required
5. 605.1 – Sidewalk Required
6. 609.1.A – Provide Public water
7. Provide Public Sewer

Mr. Mickle made a motion, seconded by Mr. Brown to approve the above listed modification requests, contingent upon a note being added to the plan indicating that if there is any future subdivision of the property, or if the Township deems it necessary, the property owner will comply with the requirements of items 3, 4 and 5, and subject to final module approval by DEP. The Board suggested the owner contact the Authority to request EDU approval as a contingency should DEP deny the module.
Vote on the motion: All yes. The motion carried.

3. Animal Care and Housing Agreement – York County SPCA:

Mr. Albert made a motion, seconded by Mr. Mickle to approve the Animal Care & Housing Agreement with the York County SPCA in the amount of $7,161.00 for 2010.
Vote on the motion: All yes. The motion carried.

4. Approval of West Shore Recreation Commission 2010 Budget and Per Capita Rate:

Mr. Minito made a motion, seconded by Mr. Brown to approve the West Shore Recreation Commission 2010 Budget and the Township’s per capita contribution of $31,277.00.
Vote on the motion: All yes. The motion carried.

5. Registration, York County Convention – November 12, 2009:

Mr. Smith advised that the registration deadline is October 22nd. Mrs. Nissel will remind the Board closer to the deadline.

6. Allocation of Fireman’s Relief Funds:

Mr. Mickle made a motion, seconded by Mr. Brown to allocate 100% of the Fireman’s Relief Funds, in the amount of $111,646.61, to the Fairview Township Fire Department.
Vote on the motion: All yes. The motion carried.

7. Tentative Budget Meeting Schedule:

Mr. Smith suggested Tuesday, October 27th at 2:00 p.m. and Monday, November 16th at 2:00 p.m. for workshop meetings, the regular meeting of Monday, December 7th to present the budget for public review, and Monday, December 28th for budget adoption.
The Board concurred.

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September 28, 2009
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8. West Shore Tax Bureau:

A. Approval of West Shore Tax Bureau’s 2010 Budget:

Mr. Mickle made a motion, seconded by Mr. Brown to approve the West Shore Tax Bureau’s 2010 Budget.
Vote on the motion: All yes. The motion carried.

B. Resolution No. 2009-16, 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. 2009-16, establishing the Bureau as the agency to collect EIT and LST taxes, appointing the Executive Director as 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. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

9. Zoning Hearings:

There was no comment on the scheduled hearings.

VI. OLD BUSINESS:

1. Final Subdivision Plan, Silver Fox Estates – 50 lots, Highland Drive

Mr. Brown made a motion, seconded by Mr. Minito to approve the final subdivision plan for Silver Fox Estates, 50 lots, Highland Drive, contingent upon submittal of signed and notarized plans; placement of appropriate bonding associated with site improvements and engineer escrow fees; payment of recreation fees; payment of recording fees; payment of all engineer review fees; and compliance with engineer’s letter dated September 24, 2009.
Vote on the motion: All yes. The motion carried.

2. Final Land Development Plan, 501 Industrial Drive:

A. Modification Requests

1. 602.1.G, 602.2.A, 602.2.C – Cartway Improvements, Lowther Roade
2. 701.3.C.4.A, 701.3.C.9 – Stormwater

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

B. Final Plan Approval:

Mr. Mickle made a motion, seconded by Mr. Brown to approve the final plan for 501 Industrial Drive, contingent upon submittal of signed and notarized plans, payment of engineer’s review fees, York County Recorder of Deeds fees, submission of a Public Improvements guaranty Bond, payment of Inspection Escrow fees, compliance with the engineer’s letter dated august 25, 2009, and a note added to the plan referencing Zoning Hearing Board Docket No. 2008-17.
Vote on the motion: All yes. The motion carried.

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September 28, 2009
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VII. NEW BUSINESS:

1. Mr. Smith advised that a letter was received from EPA requesting information and documentation on TMDL requirements for the Chesapeake Bay to be submitted no later than October 15, 2009.
Mr. Minito made a motion, seconded by Mr. Mickle directing Mr. Smith to draft a letter to EPA requesting a time extension for submission of the requested information.
Vote on the motion: All yes. The motion carried.

2. Mr. Albert made a motion, seconded by Mr. Pirritano authorizing the preparation and advertisement of a new Excavation and Fill Ordinance.
Vote on the motion: All yes. The motion carried.

3. Mr. Pirritano requested that Chief Dugan provide a 2 year comparison on his police report.

VIII. APPROVAL OF MINUTES – August 31, 2009 and September 10, 2009:

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the minutes of the August 31, 2009 and September 10, 2009 meetings of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:

Mr. Albert made a motion, seconded by Mr. Mickle to ratify payment of all Bills Payable as listed.
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. Pirritano to adjourn the meeting
Vote on the motion: All yes. The meeting was adjourned at 8:19 p.m.