2009-10-26, Board of Supervisors Meeting

2009-10-26

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
October 26, 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: A general obligation note, purchase of Township property by adjoining property owners, leaf collection, and enforcement of dog laws.

Mr. Albert advised that an Executive session was held September 28th to discuss salaries and other personnel matters.

IV. RECOGNITION OF PUBLIC:

Ron Allen, Sawmill Road, asked the Board why enforcement action was being taken against him. He said he feels that the Township is in contempt, not him. The Board declined to respond to Mr. Allen’s questions and comments.

V. AGENDA ITEMS:

1. Ordinance No. 2009-11, Authorization to Incur Debt – $675,000 General Obligation Note for Capital Improvements to Lower Allen Wastewater Treatment Facility:

Mr. Frank Leber, Rhoads & Sinon, discussed the proposals received for the general obligation note and advised that PNC Bank was the most responsible proposal. He anticipates that closing will be before 12/01/09.

Mr. Mickle made a motion, seconded by Mr. Minito to adopt Ordinance No. 2009-11, authorizing a $675,000 general obligation note for capital improvements to the Lower Allen Wastewater Treatment Plant.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Ordinance was adopted.

2. Subdivision Plans:

A. Final Subdivision Plan, Nazarro & Fisher – 2 Lots, Evergreen Road:

Mr. Pirritano made a motion, seconded by Mr. Mickle to approve the final subdivision plan for Nazarro & Fisher, 2 lots, Evergreen Road, contingent upon submittal of signed and notarized plans; payment of recording fees; payment of all engineer review fees; and compliance with the engineer’s letter dated October 21, 2009.
Vote on the motion: All yes. The motion carried.
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B. Final Subdivision Plan, Lots 1 & 6, Cliffside Drive – Beacon Hill Blvd:

Mr. Mickle made a motion, seconded by Mr. Brown to approve the final subdivision plan for Lots 1 & 6 Cliffside Drive, contingent upon submittal of signed and notarized plans; an executed and recorded Declaration and Access Easement; payment of recording fees; payment of all engineering review fees; and compliance with the engineer’s letter dated October 20, 2009.
Vote on the motion: All yes. The motion carried.

C. Preliminary/Final Subdivision Plan, Robert Cross, 2 Lots, Walnut Level Rd:

1. Modification Requests:
a. 402.1.A – Original Property Scale
b. 402.1.O – Adjacent Features
c. 602.1.G, 602.2.A, 602.2.C – Cartway Improvements
d. 602.4.F – Cul-de-Sac

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

2. Plan Approval:

Mr. Mickle made a motion, seconded by Mr. Pirritano to approve the preliminary/final subdivision plan for Robert Cross, 2 lots, Walnut Level Road, contingent upon favorable action on the modifications above; submittal of signed and notarized plans; payment of recording fees; payment of all engineer review fees; and compliance with the engineer’s letter dated October 20, 2009.
Vote on the motion: All yes. The motion carried.

D. Final Subdivision Plan – 2 Lots, Willis Road:

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the final subdivision plan for 2 lots, Willis Road, contingent upon submittal of signed and notarized plans; payment of recording fees; payment of all engineering review fees; and compliance with the engineer’s letter dated October 7, 2009.
Vote on the motion: All yes. The motion carried.

E. Preliminary/Final Subdivision Plan, Shettel Farm:

1. Modification Request, Cartway Improvements
2. Plan Approval

Mr. Pirritano made a motion, seconded by Mr. Brown to table any action on this plan to the next meeting.
Vote on the motion: All yes. The motion carried.

F. Modification Requests – Bonnie Plants, Limekiln Road:

1. 303 – Preliminary Plan
2. 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 requests.
Vote on the motion: All yes. The motion carried.

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October 26, 2009
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G. Time Extension Requests:

Travers Roost, Pinetown Road December 7, 2009
Fager Tract, Lewisberry Road January 25, 2010
New View Corp., Shawnee Court January 25, 2010

Mr. Mickle made a motion, seconded by Mr. Minito to approve the three (3) above listed time extension requests.
Vote on the motion: All yes. The motion carried.

H. Bond Reduction Request – Rutter’s Land Development Plan:

Current Bond 10% Conting. Reduction Amt Remaining Amt.
$101,683.00 $10,168.30 $99,683.00 $12,168.30

Mr. Mickle made a motion, seconded by Mr. Minito to approve the bond reduction request for Rutter’s.
Vote on the motion: All yes. The motion carried.

3. Ordinance No. 2009-9, Permits and Specifications for Excavation and Fill:

Mr. Pirritano made a motion, seconded by Mr. Brown to adopt Ordinance No. 2009-9, Permits and Specifications for Excavation and Fill.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Ordinance was adopted.

4. Ordinance No. 2009-10, Establish Speed Limits on Certain Streets:

Mr. Minito made a motion, seconded by Mr. Mickle to adopt Ordinance No. 2009-10, establishing a speed limit of 25 MPH on Thorley Road from Granite Quarry Road to the end, and establishing a speed limit of 25 MPH on Cider Press Road between Sawmill Road and Siddonsburg Road.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Ordinance was adopted.

5. Waiver Request – Well Isolation Distance, 503 Park Road:

Mr. Pirritano made a motion, seconded by Mr. Mickle to approve the waiver for well isolation distance to 48 feet, for 503 Park Road, and to recommend installation of a UV system on the well.
Vote on the motion: All yes. The motion carried.

6. Sanitary Sewer Easement Agreements:

a. Gemcraft Homes, Inc., for Briarcliff, Phase 3
b. Deer Run Associates for The Woods at Deer Run, Phases 1, 2 & 3
c. Weatherstone Associates for Weatherstone

Mr. Mickle made a motion, seconded by Mr. Minito to authorize the Chairman to sign the above listed sanitary sewer easement agreements.
Vote on the motion: All yes. The motion carried.

7. Authorize Participation in TMDL Work Group and Associated Funding:

Mr. Albert reviewed the background of the TMDL mandated limits and advised that funding for participation in the work group is $2,000 per Township and Authority. Fairview’s share will be $4,000.
Mr. Pirritano asked that a monthly or quarterly report be provided by the attorneys.
Mr. Mickle made a motion, seconded by Mr. Brown authorizing participation in the TMDL Work Group, at the cost of $4,000.
Vote on the motion: All yes. The motion carried.

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8. Resolution No, 2009-17, Acceptance of Portions of Black Powder Drive and Musket Court:

Mr. Pirritano made a motion seconded by Mr. Brown to adopt Resolution No. 2009-17, accepting portions of Black Powder Drive and Musket Court as Township streets.
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. Mr. Pirritano discussed the release form received from Senator Specter’s office with regard to an inquiry to EPA on our behalf. Mr. Smith advised that an effort was made to provide the requested information within the 15 days specified. All state and federal legislators were copies with the letter to EPA; only Senator Specter’s office responded.

VII. NEW BUSINESS:

1. Sketch Plan – 2 Lots, 581A Ridge Road:

Mr. Waller described the plan which has been received by the Planning Commission. One lot would have road frontage and the other lot has no frontage, but has an existing shared driveway onto Schoolhouse Lane. The owner will ask for a waiver for road frontage for the lot with the shared driveway. The Board indicated they would have no problem with that waiver request.

2. Mr. Smith advised that there will be no budget meeting tomorrow, Oct. 27th.

VIII. APPROVAL OF MINUTES – September 28, 2009:

Mr. Pirritano made a motion, seconded by Mr. Brown to approve the minutes of September 28, 2009 meeting 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. Brown 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. Brown to adjourn the meeting
Vote on the motion: All yes. The meeting was adjourned at 8:08 p.m.