2010-07-26, Board of Supervisors Meeting

2010-07-26

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
July 26, 2010
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
William C. Brown, Supervisor
John C. Minito, Supervisor
Mario D. Pirritano, Supervisor
Stephen F. Smith, Manager
Donald F. Martin, Assistant Manager
Stephen M. Waller, Code Administration Director
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 no executive session was held after the last meeting.

IV. RECOGNITION OF PUBLIC:

There was no public comment.

V. AGENDA ITEMS:

1. Presentation, 2009 Audit:

Mr. Jim Koontz, Brown Schultz Sheridan & Fritz, reviewed the completed audit for all Township funds. The complete audit report is on file in the Municipal office for public review and will be posted on the Township’s website.

2. Subdivision Plans:

A. Modification Request, Driveway Requirements – 624 Robins View Lane:

Mr. Minito made a motion, seconded by Mr. Mickle to table the modification request, at the applicant’s request, to waive all subdivision and land development ordinance driveway requirements, Section 606.4.C.
Vote on the motion: All yes. The motion carried.

B. Modification Requests, Miller – 389 Big Spring Road:

1. 402.2.A & 403.2.A – E & S Plan
2. 602.2 – Cartway Improvements

Mr. Pirritano made a motion, seconded by Mr. Brown, to approve the modification requests for Gregory Miller, 389 Big Spring Road, from Sections 402.2.A and 403.2.A, E & S Plan and Section 602.2, Cartway Improvements.
Vote on the motion: All yes. The motion carried.

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July 26, 2010
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C. Modification Requests, Olde Forge Crossing – Lots 3, 4 & 5, Foxfire Lane:

1. 611.3 – Concrete Monuments
2. 701.3.F.4 – Stormwater Easement

Mr. Pirritano made a motion, seconded by Mr. Brown to approve the modification request for Lots 3,4 and 5, Foxfire Lane, from Section 611.3, Concrete Monuments, and Section 701.3.F.4, Stormwater Easement, conditioned on the sanitary septic lateral going under the existing stormwater pipe at a minimum of 12 inches from the bottom of the stormwater pipe.
Vote on the motion: All yes. The motion carried.

D. Final Subdivision Plan – Gregory Miller, 389 Big Spring Road:

Mr. Mickle made a motion, seconded by Mr. Minito to approve the final subdivision plan for 389 Big Spring Road, contingent upon favorable action on the modifications requests listed above; submittal of signed and notarized plans; payment of recording fees; payment of all engineer review fees; and compliance with the Township staff memo dated July 6, 2010.
Vote on the motion: All yes. The motion carried.

E. Final Subdivision Plan – Lots 3, 4 & 5, Foxfire Lane, Olde Forge Crossing:

Mr. Brown made a motion, seconded by Mr. Mickle to approve the final subdivision plan for lots 3, 4 & 5, Foxfire Lane, contingent upon favorable action on the modifications requests listed above; submittal of signed and notarized plans; payment of recording fees; payment of all engineer review fees; and compliance with the Township staff memo dated July 6, 2010.
Vote on the motion: All yes. The motion carried.

F. Time Extension Requests:

1. Beacon Hill Hotel, Beacon Hill Blvd. August 30, 2010
2. New View Corp., Shawnee Court October 25, 2010
3. Fager Tract, Old Quaker Road October 25, 2010
4. Hutton Commons, Beinhower Road January 31, 2011
Mr. Mickle made a motion, seconded by Mr. Brown to approve the four (4) time extensions as listed above.
Vote on the motion: All yes. The motion carried.

3. Memorandum of Understanding – York County Conservation District:

Mr. Smith advised that this MOU between Fairview Township and the YCCD specifies the responsibilities of Fairview Township and the YCCD with respect to E & S Controls and stormwater management.
Mr. Pirritano made a motion, seconded by Mr. Mickle authorizing the Chairman to sign the Memorandum of Understanding with the York County Conservation District.
Vote on the motion: All yes. The motion carried.

4. Schedule 2011 Budget Meeting:

The first budget review meeting was scheduled for Wednesday, September 1, 2010 at 1:00 p.m.

5. Zoning Hearings:

There was no comment from the Board on the scheduled hearings.

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July 26, 2010
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VI. OLD BUSINESS:

1. Mr. Mickle reviewed the status of the proposed merger of the Lewisberry (LFD) and Fairview Township (FTFD) Fire Departments. He stated that there is no approved agreement at this time between the Fairview Township Board of Supervisors and the Lewisberry Borough Council. The proposed merger will be guided by the Department of Community and Economic Development (DCED). He advised that the following have been agreed to in theory:
• Members of both Fairview and Lewisberry Fire Departments are in favor of the merger.
• All volunteer members of the LFD will become members of the FTFD.
• LFD will liquidate all assets to pay off any outstanding debt. Fairview Township will not contribute any funds to the LFD.
• Lewisberry Borough owns the Fire Department building and will continue to maintain it and pay all costs including utilities.
• Fairview Township will house a truck at the Lewisberry location for response to the Borough and the southern portion of the Township.
• Lewisberry Borough will have all the necessary legal papers drawn at their sole expense.
• Mr. Tilley discussed some of the legal issues involving the transfer of assets to Fairview Township and advised that the whole process may take up to a year.

2. Mr. Smith advised that a 2005 Crown Victoria sold at the COG auction for $2,100 and a generator transformer sold for $60.
Mr. Brown made a motion, seconded by Mr. Pirritano to ratify the sale of surplus assets at the COG auction.
Vote on the motion: All yes. The motion carried.

3. Mr. Smith advised that the bid documents for paving Emily Lane have been prepared and will be advertised for opening on August 19th.
Mr. Albert made a motion seconded by Mr. Mickle authorizing staff to award the bid to the lowest responsible bidder, with ratification at the August 30th board meeting.
Vote on the motion: All yes. The motion carried.

VII. NEW BUSINESS:

1. Mr. Pirritano said he had been approached by members of a local Women’s Club asking if they could hold a food sale at the Township Building on Election Day. The Board had no problem with this request.

2. Mr. Smith discussed the following items:

• A draft copy of the letter that will be sent to the residents that may be required to connect to the sewer system under the Act 537 plan. This puts them on notice that there is an impending cost to them. We have already spoken to Bond Council about how we could finance this for the residents.

• At some time, the Board will have to decide on the course they want this upgrade to take – whether they want to direct the Authority to begin letting the contracts and the borrowings or whether this will be a Township matter.

• We must also begin to look at how we are going to refinance our debt. Without going into detail, we should possibly consider making our borrowing earlier next year to assure we can get good rates. The Board must decide by official action whether they desire to do a “GO” note or revenue bonds.

• The Authority approved the rate increase for tapping fees that was presented, subject to minor changes, at the last meeting.

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July 26, 2010
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• The Turnpike Authority has requested that in lieu of installing a temporary traffic signal for the detour on Evergreen Road for 3 to 4 days that they are permitted to use our police officers to direct traffic. The Turnpike will fund the cost of the officers needed during the period of the detour. Chief Dugan had no problem with this request.
Mr. Albert made a motion, seconded by Mr. Minito authorizing the use of Fairview Township police officers for traffic control for the Turnpike project.
Vote on the motion: All yes. The motion carried.
3. Mr. Minito asked that Mr. Smith discuss the audit comments contained in the Management Letter from Brown Schultz Sheridan & Fritz.
• Several checks issued by the Township have never been cashed. These funds must be turned over to the State Treasurer’s Office as unclaimed.
• There have been some issues with the utility billing which are related to software problems as well as past staff errors. Staff and the software vendor are addressing these problems.
• There have been some purchases of services which exceeded the maximum allowed before competitive bidding must take place. This was discussed in a previous audit and again has not been bid this year.
• Purchases have been made using a Township P.O., paid for by Township check and then subsequently sold without Board authorization. The Department of Revenue has stated that the Township should have collected the sales tax on these items and remitted it to the Commonwealth. The Manager and Assistant Manager are looking into an improved purchasing process.

4. Mr. Minito asked Chief Dugan to report on the Mark Hoffman grievance. The Chief advised that Mr. Hoffman’s claim for post-retirement medical reimbursement was denied by the arbitrator.

5. Mr. Smith advised that the Codes Department report indicating that the budgeted number of 62 sewer connections has been met is somewhat misleading in that more than half of the taps were in the Lower Allen Basin which only has a $770 tapping fee. Fees collected are under budget by approximately $130,000+/-.

6. Resolution No. 2010-9, Acceptance of Bencru Avenue:
Mr. Brown made a motion, seconded by Mr. Minito to adopt Resolution No. 2010-9, accepting Bencru Avenue in its entirety and adding same to the Township Road System.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Resolution was adopted.

VIII. APPROVAL OF MINUTES – June 28, 2010:

Mr. Mickle made a motion, seconded by Mr. Brown to approve the minutes of the June 28, 2010 meeting of the Board of Supervisors.
Vote on the motion: Mr. Albert and Mr. Mickle abstained as they were not present at that meeting; all others, 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 presented.
Vote on the motion: All yes. The motion carried.

X. ANNOUNCE EXECUTIVE SESSION:

Mr. Albert advised that there will not be an Executive Session following this meeting.

XI. ADJOURNMENT:

Mr. Brown made a motion, seconded by Mr. Mickle to adjourn the meeting
Vote on the motion: All yes. The meeting was adjourned at 8:35 p.m.