2010-10-25, Board of Supervisors Meeting

2010-10-25

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
October 25, 2010
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 6:00 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. Albert advised that an executive session was held after the budget meeting on October 4, 2010 to discuss personnel and employee management issues.

IV. PUBLIC HEARING – CONDITIONAL USE, CLUSTER DEVELOPMENT – FAGER TRACT

PRESENTATION:
Mr. Brown recused himself from the Board as he is a resident of Old Quaker Road.
Mr. Waller described the tract and advised that the developer has submitted a request for conditional use for a cluster development.
Mr. John Murphy, Alpha Consulting, representing the developer, advised that the plan is for 89 lots on a 99 acre tract. The revised plan has eliminated the Lewisberry Road access which would have impacted wetlands and involved a stream crossing. There would now be one main entrance off Old Quaker Road with an emergency access through the Quaker Station apartment complex. He stated that he has reviewed Township standards for this conditional use and believes that this plan meets all requirements.

(The following is a summary of questions and comments by the public and Board members. A complete transcript of the hearing is available upon request)

PUBLIC QUESTIONS:
• How large are the lots?
• Has the noise factor been taken into consideration?
• Has there been a traffic study?
• Is there sewer capacity at the Lewisberry Treatment Plant?
• Is there DEP approval for the community well system?
• What is the price range of the homes to be built?

BOARD QUESTIONS:
• Has the emergency entrance through Quaker Station been approved by Mr. Dorwart?
• What are the cost savings to the developer by eliminating the entrance on Lewisberry Road?
• Who will be responsible for snow removal?
• Will the Township eventually take over the streets?
• Will safety issues be addressed?
• Has DEP given approval for the community water system?
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October 25, 2010
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PUBLIC COMMENTS:
• Additional vehicles will have an impact on both Lewisberry and Old Quaker Roads.
• Density of homes will create congestion and noise.
• Current condition of Old Quaker Road.
• Need for a traffic study.
• Cost of road improvements – who will pay?
• Property owners not notified.

BOARD COMMENTS:
• Improvements to Old Quaker Road.
• Increased traffic.
• Emergency access through the apartment complex.

Mr. Murphy stated that they will address the safety concerns discussed and again stated that he feels all Township standards have been met.

Mr. Mickle made a motion, seconded by Mr. Minito to deny the request for Conditional Use, Cluster Development for the Fager Tract based on the current plan.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Pirritano, yes; Mr. Minito, yes. Motion carried, request was denied.

The Hearing was closed at 7:30 p.m.

The Board called for a short recess.

V. CALL TO ORDER:
The meeting was reconvened and called to order by the Chairman, Mr. Albert, at 7:40 p.m.

VI. 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

VII. RECOGNITION OF PUBLIC:

Mr. Ronald Allen stated that he wants to be considered for Towing Zone 2.

VIII. AGENDA ITEMS:

1. Subdivision Plans:

A. Modification Requests, Haines – Pinetown Road:
1. 402.1 – Original Property Description
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. Minito made a motion, seconded by Mr. Pirritano to approve the modification requests listed above.
Vote on the motion: All yes. The motion carried.
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October 25, 2010
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B. Time Extension Requests:

New View Corp. – Shawnee Court March 28, 2011
Fager Tract – Old Quaker Road March 28, 2011
Haines – Pinetown Road January 31, 2011
Pelleschi – Locust Road June 27, 2011

Mr. Mickle made a motion, seconded by Mr. Pirritano to approve the four (4) time extensions as listed above.
Vote on the motion: All yes. The motion carried.

2. Ordinance No. 2010-5, Earned Income Tax & Net Profits Tax:

Mr. Smith explained that the current EIT ordinance had to be rewritten to comply with Act 32.
Mr. Mickle made a motion, seconded by Mr. Pirritano to adopt Ordinance No. 2010-5, levying earned income tax and net profits tax.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The ordinance was adopted.

3. Resolution No. 2010-12, TCC 2011 Tax Collector Acceleration Decision:

Mr. Pirritano made a motion, seconded by Mr. Mickle to adopt Resolution No. 2010-12, TCC Tax Collector Acceleration Decision.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The resolution was adopted.

4. West Shore Tax Bureau:

A. Approval of West Shore Tax Bureau’s 2011 Budget:

Mr. Minito made a motion, seconded by Mr. Mickle to approve the West Shore Tax Bureau’s 2011 Budget.
Vote on the motion: All yes. The motion carried.

B. Resolution No. 2010-13, Establishing the West Shore Tax Bureau as Collection Agency, Appointing the Executive Director and Deputy Director as Income Tax Officers and Appointing Delegate and Alternate to the Board of Directors:

Mr. Minito made a motion, seconded by Mr. Brown to adopt Resolution No. 2010-13, establishing the West Shore Tax Bureau as Collection Agency, appointing the Executive Director and Deputy Director as Income Tax Officers and appointing Stephen F. Smith as Delegate and Perry Albert as Alternate to the 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.

5. Vacancy, Lewisberry Sewer Authority:

Mr. Mickle made a motion, seconded by Mr. Brown to remove George Craker as the Township’s representative on the Lewisberry Authority, effective immediately, and declare a vacancy to be filled as soon as possible.
Vote on the motion: All yes. The motion carried.

6. Disposal of Surplus Equipment:

Mr. Pirritano made a motion, seconded by Mr. Minito to authorize the disposal of surplus radio equipment.
Vote on the motion: All yes. The motion carried.

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
October 25, 2010
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7. Permanent Status – Donald F. Martin, Assistant Manager

Mr. Pirritano made a motion, seconded by Mr. Minito to grant permanent status to Donald F. Martin, effective with the satisfactory completion of a six-month probationary period on September 29, 2010, with a salary increase of $1.69 per hour.
Vote on the motion: All yes. The motion carried.

8. Resignation – Charles Semken, Wastewater Department:

Mr. Mickle made a motion, seconded by Mr. Brown to accept the resignation of Charles Semken, effective October 29, 2010, and authorize the advertisement for a laborer position.
Vote on the motion: All yes. The motion carried.

9. Ratify Advertisement – Act 537 Sewage Facilities Plan Update:

Mr. Brown made a motion, seconded by Mr. Mickle to ratify the advertisement of the Act 537 Sewage Facilities Plan Update.
Vote on the motion: All yes. The motion carried.

10. Schedule Special Meeting – Issuance of Debt:

The special meeting was scheduled for Tuesday, November 16, 2010, at 10:00 a.m.

11. Present 2011 Budget of Township Funds:

Mr. Smith advised that the 2011 Budget must be advertised for public display. He stated that revenue is projected at $11,657,084 and expenditures are projected at $11,948,106. He provided a summary of the following items:
• Earned Income Tax
• Real Estate Transfer Tax
• Real Estate Tax
• Health Insurance
• Pension costs
• EPA requirements
He advised that prior to adoption at the December meeting, the Board can adjust expenditures.
Mr. Pirritano requested a list of all equipment with mileage.
Mr. Albert made a motion, seconded by Mr. Mickle to present the 2011 Budget of Township Funds for public review for the required 30 day period.
Vote on the motion: All yes. The motion carried.

12. Zoning Hearings:

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

IX. OLD BUSINESS:

There was no old business discussed.

X. NEW BUSINESS:

1. Mr. Smith advised that subsequent to an order from DEP, concrete bins have been purchased for storage of stockpiled fill behind the Municipal Building. This fill must be moved at least 50 feet from the stream.

XI. APPROVAL OF MINUTES – September 27 and October 4, 2010:

Mr. Brown made a motion, seconded by Mr. Minito to approve the minutes of the September 27 and October 4, 2010 meetings of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.
FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
October 25, 2010
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XII. RATIFICATION OF BILLS PAYABLE:

Mr. Albert made a motion, seconded by Mr. Pirritano to ratify payment of all Bills Payable as presented.
Vote on the motion: All yes. The motion carried.

XIII. ANNOUNCE EXECUTIVE SESSION:

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

XIV. ADJOURNMENT:

Mr. Pirritano made a motion, seconded by Mr. Brown to adjourn the meeting
Vote on the motion: All yes. The meeting was adjourned at 8:25 p.m.