2011-05-23, Board of Supervisors Meeting

2011-05-23

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
May 23, 2011
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 7:07 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, 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 to discuss the Township’s legal obligation to install and maintain stormwater easements, and waiver requests.

IV. RECOGNITION OF PUBLIC:

Mr. Blaine Browand, Cedars Road, explained that he had to make extensive renovations to his house to accommodate his handicapped wife and asked the Board for some concessions on fees for the required permits. Mr. Albert advised Mr. Browand, that while the Board understood, they could not waive the permit fees.

V. AGENDA ITEMS:

1. Northeastern Senior Center – Status Report, Jane Deamer:

Ms. Deamer thanked the Board for their ongoing support and contributions to the center and provided a report on activities, attendance and meals delivered to Fairview residents.

2. Subdivision Plans:

A. Modification Requests:

1. Langletz, 920 Limekiln Road:
a. 602.2.C – Cartway Widening
b. 606.3.B – Multiple Access Drives
c. 701 – Complete Stormwater Report

Mr. Pirritano made a motion, seconded by Mr. Brown to approve the modification request for 602.2.C. – Cartway Widening.
Vote on the motion: Mr. Albert, yes; Mr. Pirritano, yes; Mr. Minito, no; Mr. Brown, no; Mr. Mickle, no. The request was denied.

Mr. Mickle made a motion, seconded by Mr. Brown to approve the modification requests for 606.3.B – Multiple Access Drives and 701 – Complete Stormwater report.
Vote on the motion: All yes. The motion carried.
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2. Lot 1A, Shettel Farm – Schoolhouse Lane:
a. 402.1.A – Existing Features/Original Property Description
b. 402.1.O – Existing Features (Adjacent)
c. 402.1.P – Plan Scale
d. 602.2.C – Cartway Widening

Mr. Brown made a motion, seconded by Mr. Mickle to approve the modification request for 402.1.A – Existing Features/Original Property Description.
Vote on the motion: All yes. The motion carried.

Mr. Mickle made a motion, seconded by Mr. Brown to approve the modification request for 402.1.O – Existing Features (Adjacent).
Vote on the motion: All yes. The motion carried.

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the modification request for 402.1.P – Plan Scale.
Vote on the motion: All yes. The motion carried.

Mr. Mickle made a motion, seconded by Mr. Brown to table the modification request for 602.2.C – Cartway Widening.
Vote on the motion: All yes. The motion carried.

B. Preliminary/Final Land Development Plan – Langletz, 920 Limekiln Road:

Mr. Mickle made a motion, seconded by Mr. Brown to table action on this plan for further review.
Vote on the motion: All yes. The motion carried.

C. Final Subdivision Plan – Lot 1A, Shettel Farm, Schoolhouse Lane:

Mr. Mickle made a motion, seconded by Mr. Pirritano to table action on this plan for further review.
Vote on the motion: All yes. The motion carried.

3. Ratify Second Declaration of Flood Emergency – April 28, 2011:

Mr. Brown made a motion, seconded by Mr. Mickle to ratify the declaration of flood emergency on April 28, 2011, including application for an emergency permit from DEP and contracting for clean-up at Keystone Drive and other locations.
Vote on the motion: All yes. The motion carried.

4. Estimate of Costs – First Flood Disaster, April 17, 2011:

Mr. Smith advised that to date approximately $50,000 – $75,000 has been expended and the clean-up is still ongoing.

5. Bid Awards:

A. Contract MS-944 – Paving Portions of Pleasant View and Ridge Roads:

Mr. Pirritano made a motion, seconded by Mr. Minito to award the bid for paving portions of Pleasant View and Ridge Roads to Kinsley Construction in the amount of $247,713.25.
Vote on the motion: All yes. The motion carried.

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B. Contract MS-944 – Seal Coat & Micro-surfacing Portions of Limekiln, Steigerwalt Hollow, Ridge and Sawmill Roads:

Mr. Pirritano made a motion, seconded by Mr. Minito to award the bid for seal coat and micro-surfacing, items 1 – 4 only, to Stewart & Tate in the amount of $170,380.50, and rebid item 5.
Vote on the motion: All yes. The motion carried.

C. Contract MS-970 – Equipment Rental, Box Culvert Project:

Mr. Pirritano made a motion, seconded by Mr. Minito to authorize staff to negotiate with vendors for the rental of the necessary equipment, pursuant to the Second Class Township Code, as this was the second advertisement for bids and no bids were received, as follows:
• On March 15 and March 25, 2011, bid for equipment rental was advertised for opening April 7, 2011
• On April 7, 2011, bids were opened – only one bid received for equipment rental
• On April 25, 2011, the Board of Supervisors rejected the one bid received for non-compliance to the bid specifications and authorized staff to rebid the equipment rental
• On April 14 and April 21, 2011, the bid for equipment rental was readvertised for opening May 12, 2011
• On May 12, 2011, no bids were received for equipment rental
Vote on the motion: All yes. The motion carried.

6. Resolution No. 2011-12, Temporary Banners, Iron Bridge:

Mr. Brown made a motion seconded by Mr. Mickle to adopt Resolution 2011-12 for the installation of temporary banners on the Iron Bridge for the New Cumberland Olde Town Gala from 06/06/11 to 07/11/11.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The resolution was adopted.

7. Resolution No. 2011-13, Police Pension Plan, 5 Year Smoothing:

Mr. Brown made a motion seconded by Mr. Mickle to adopt Resolution No. 2011-13, 5 year smoothing of the Police Pension Plan as recommended by the actuary.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The resolution was adopted.

8. Resolution No. 2011-14, Non-Uniform Pension Plan, 5 Year Smoothing:

Mr. Brown made a motion seconded by Mr. Mickle to adopt Resolution No. 2011-14, 5 year smoothing of the Non-Uniform Pension Plan as recommended by the actuary.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The resolution was adopted.

9. Authorization to Prepare and Bid – Refuse Collection Contract:

Mr. Smith advised that the current contract expires 12/31/2011. He asked the Board to provide any suggestions they may have for the contract terms.
Mr. Minito made a motion, seconded by Mr. Pirritano to authorize staff to prepare bid documents for the refuse collection contract.
Vote on the motion: All yes. The motion carried.

10. Authorization to Dispose of Surplus Equipment:

Mr. Albert made a motion, seconded by Mr. Pirritano to authorize the disposal of surplus radios, a 1999 Dodge pick-up and a 1987 Dodge stake body.
Vote on the motion: All yes. The motion carried.

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11. Agreement, York County – Public Safety Digital Trunked Radio System:

Mr. Mickle made a motion, seconded by Mr. Brown to execute the agreement with York County for the Public Safety Digital Trunked Radio System:
Vote on the motion: All yes. The motion carried.

12. Destruction of Records:

Mr. Pirritano made a motion, seconded by Mr. Brown to authorize the destruction of records listed on the provided schedule, according to the Municipal Records Manual and the previously approved Township policy.
Vote on the motion: All yes. The motion carried.

13. Request for Temporary Waiver, Noise Ordinance Requirements – I-83 Turnpike Bridge:

Mr. Mickle made a motion, seconded by Mr. Brown to grant a temporary waiver of all noise ordinance requirements for the duration of this project which is expected to be substantially complete by November, 2011.
Vote on the motion: Mr. Minito, no; all others, yes. The motion carried.
Mr. Smith advised that if noise complaints increase, this matter may be revisited.

14. Sidewalk Ordinance:

Mr. Smith asked the Board members for their input and suggestions on the draft ordinance previously provided.

15. Zoning Hearings:

There was no discussion on the scheduled hearings.

VI. OLD BUSINESS:

There was no old business discussed.

VII. NEW BUSINESS:

1. Mr. Mickle discussed tractor trailers parked on Ross Avenue that are left running all night. Chief Dugan will look into the matter.
2. Mr. Pirritano commented on agenda items that are being submitted on the day of the Board meeting giving no time for review.
3. Mr. Smith advised that sewer lines will be televised tomorrow in Colonial Woods.
4. Mr. Minito commended staff for their response during the recent flooding.

VIII. APPROVAL OF MINUTES – April 25, 2011:

Mr. Brown made a motion, seconded by Mr. Mickle to approve the minutes of the April 25, 2011 Board of Supervisors meeting.
Vote on the motion: All yes. The motion carried.

IX. 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.

X. ANNOUNCE EXECUTIVE SESSION:

Mr. Albert advised there will be 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 8:30 p.m.