2011-07-25, Board of Supervisors Meeting

2011-07-25

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
July 25, 2011
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
Patrick J. Fazzini, Stock & Leader, Solicitor
Bernard G. Dugan, Chief of Police
Donna L. Nissel, Secretary

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Smith advised that an executive session was held on July 21st to discuss the police contract.

IV. RECOGNITION OF PUBLIC:

1. Victoria Capparella, Lakeside Drive, spoke about an issue with her neighbor, who has directed their downspouts onto her property. She has had her property surveyed and marked but the neighbor removed the marker pins. Mr. Albert advised Ms. Capparella that she should contact an attorney as this is a civil matter.

2. Don Isabella, York Waste, addressed the Board on the upcoming refuse contract and encouraged them to consider toter service.

V. AGENDA ITEMS:

1. Refinance Debt: Frank Leber – Rhoads & Sinon:

Mr. Leber explained the procedures for refunding the 2001 Sewer Revenue Bonds by issuing General Obligation Notes in the amount of +/- $8 million at an interest rate of 2.9%. All necessary ordinances and resolutions will be ready for signatures at the August meeting. Closing is anticipated by October 15, 2011.

Mr. Minito made a motion, seconded by Mr. Brown to adopt Resolution No. 2011-15, accepting the proposal of PNC Bank for the purchase of a note in the amount of $8 million dollars.

Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

2. 2010 Audit: Jim Koontz – Brown Shultz Sheridan & Fritz:

Mr. Koontz reviewed his firm’s audit findings the 2010, calling attention to the funding of the pensions and post-retirement medical.

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3. PUBLIC HEARING – Intermunicipal Transfer of Liquor License:

Mr. Albert called the hearing to order at 7:40 p.m.
Aaron Zeamer, attorney for the applicant, explained the transfer of an existing liquor license, owned by the applicant, which is being held in safe-keeping, to Doc Holliday’s in Fairview Township. This will provide for one license for the restaurant (Old Naples) and one license for the hotel, comedy club and Doc Holliday’s. There will be no change in the current operations of the property.
There was no public comment.
Mr. Mickle made a motion, seconded by Mr. Pirritano to adopt Resolution No. 2011-16, approving the proposed transfer of PLCB Liquor License R-17295 from Doc Holliday’s Hanover, Inc., to Doc Holliday’s New Cumberland, Inc.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes.
The Public Hearing was closed at 7:50 p.m.

4. Subdivision Plans:

A. Modification Requests:

1. Hempt – Spanglers Mill & Limekiln Roads:
Mr. Waller explained that this plan is a lot reconfiguration of lands owned by Gerald Hempt.

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

b. 402.1.Y – Septic Replacement Area
Mr. Mickle made a motion, seconded by Mr. Brown to approve the modification request from 402.1.Y, Septic Replacement Area.
Vote on the motion: All yes. The motion carried.

c. 602.1.G – Cartway Widening
Mr. Mickle made a motion, seconded by Mr. Minito to approve the modification request from 602.1.G, Cartway Widening, contingent upon a note on the plan that the construction of any structure will require road widening to meet current codes.
Vote on the motion: All yes. The motion carried.

d. 609.1.A – Connect to Public Water
e. 610.1.A – Connect to Public Sewer
Mr. Brown made a motion, seconded by Mr. Albert to approve the modification requests from 609.1.A, Connect to Public Water and 610.1.A, Connect to Public Sewer, contingent upon a note on the plan that the construction of any structure will require compliance with current codes.
Vote on the motion: All yes. The motion carried.

f. 613.2.A – Fee in Lieu of Dedication
Mr. Mickle made a motion, seconded by Mr. Brown to approve the modification request from 613.2.A, Fee in Lieu of Dedication.
Vote on the motion: All yes. The motion carried.

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July 25, 2011
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2. FedEx – Industrial Road:

a. 701.3.C (2) – Rational Method Stormwater
b. 701.3.C (10) – Pond Bottom
c. 701.4.B (1) (d) – Pipe Reduction
Mr. Mickle made a motion, seconded by Mr. Pirritano to approve the modification requests 701.3.C (2) Rational Method Stormwater, 701.3.C (10) Pond Bottom and 701.4.B (1) (d) Pipe Reduction.
Vote on the motion: All yes. The motion carried.

B. Minor Final Subdivision Plan – Hempt, Spanglers Mill & Limekiln Roads:

Mr. Mickle made a motion, seconded by Mr. Pirritano, to approve the Minor Final Subdivision Plan for Gerald Hempt, Spanglers Mill & Limekiln Roads, contingent upon favorable action on the modification requests above and the addition of the specified notes on the plan; submittal of signed and notarized plans; payment of recording fees; payment of all engineer fees; and compliance with the Township staff memo dated July 18, 2011.
Vote on the motion: All yes. The motion carried.

C. Time Extension Request:

Harry Fox, Pinetown Road September 26, 2011

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

5. Ratify Bid Award – Sawmill Road:

Mr. Minito made a motion, seconded by Mr. Pirritano to ratify the bid award to Wilson Paving in the amount of $69,768.00 for Sawmill Road
Vote on the motion: All yes. The motion carried.

6. Appoint Engineer – Sewer Expansion Project:

Mr. Mickle made a motion, seconded by Mr. Brown to appoint CET Engineering Services, Inc., to begin the design phase of the sewer expansion project.
Vote on the motion: All yes. The motion carried.

7. Approval of Disability Leave Policy:

No action was taken on this item.

8. Authorization to Dispose of Surplus Property:

Motion to authorize the disposal of surplus computers from the Police Department as well as two vehicles sold at the COG auction.
Vote on the motion: All yes. The motion carried.

9. Final Review – Proposed Refuse Collection Contract

Mr. Smith reviewed portions of the contract and asked the Board for any suggestions or changes. He advised that the contract will be advertised for a bid opening on August 23rd, for possible award at the August 29th meeting.

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July 25, 2011
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10. Authorization to Advertise Ordinance – Sidewalk Regulations:

Mr. Mickle made a motion, seconded by Mr. Pirritano to authorize staff to advertise the ordinance, as presented.
Vote on the motion: All yes. The motion carried.

11. Discussion, Ordinance No. 2011-2, Towing Requirements:

Mr. Fazzini advised that due to correspondence received today, which could lead to potential litigation, this discussion should be moved to an executive session. The Board concurred.

12. Discussion, Act 537 Status & Public Water:

Mr. Smith asked the Board to review the draft ordinance requiring mandatory connection to public water. He has scheduled meetings with PAWC to discuss the installation of water lines in the areas of the sewer expansion projects.

13. Discussion – Salary Adjustment for Elected Officials:

Mr. Smith advised that in accordance with Commonwealth statutes, the Board is authorized to raise the salary of those individuals who will take office in January. This would not apply to those board members already in office.

14. Schedule Budget Meetings:

Mr. Smith asked the Board to review possible dates for budget meetings in October, to have the final budget ready for presentation at the October 31st meeting.

15. Zoning Hearings:

There was no discussion on the scheduled hearings.

VI. OLD BUSINESS:

There was some discussion on scheduling a meeting with the flood victims to go over options that may be available to them. The meeting could include representatives from county, state and federal levels.

VII. NEW BUSINESS:

There was no new business discussed.

VIII. APPROVAL OF MINUTES – June 27, 2011:

Mr. Albert made a motion, seconded by Mr. Pirritano to approve the minutes of the June 27, 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 that 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 8:44 p.m.