2011-10-31, Board of Supervisors Meeting

2011-10-31

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
October 31, 2011
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Vice Chairman, Mr. Mickle, at 7:00 p.m.

II. ROLL CALL:

PRESENT: 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
Steven Hovis, Stock & Leader, Solicitor
Bernard G. Dugan, Chief of Police
Donna L. Nissel, Secretary

ABSENT: Perry Albert, Chairman

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Mickle advised that budget workshop meetings were held on October 19 and October 26, and executive sessions were held on both dates to discuss personnel issues and police contract matters.

IV. RECOGNITION OF PUBLIC:

1. Mr. Hank Hedden, representing the Red Land Community Library, reviewed programs available at the library and advised that they have enrolled 900 new customers this year.

2. Mrs. Casey Telencio, 302 Lewisberry Road, addressed Board concerning a sewer back-up that occurred on their property last August. She advised that they incurred a total loss of $48,000 and asked the Township to pay $15,000 toward the damages. Mr. Hovis explained that, by law, the Township is not liable if reasonable maintenance and care has been taken. Mr. Smith advised that the Township televises all sewer lines on a 5-6 year rotation, with a portion of the system done each year. Mr. Pirritano asked how much the Telencio’s were asking for, and Mrs. Telencio advised that they are asking for $15,000. The Board will discuss the matter in Executive Session and contact her.

V. AGENDA ITEMS:

1. Appointment, Township Solicitor:

Mr. Brown made a motion, seconded by Mr. Minito, to appoint David A. Jones, Stock and Leader, as Township Solicitor.
Vote on the motion: All yes. The motion carried.

2. Discussion, Storm Debris Removal:

Mr. Smith reviewed damages from the snow storm of October 29th. He advised that the Public Works crews are still clearing the roads of debris. The Yard Waste Facility will remain open until 4:30 p.m. for the rest of the week, including Saturday.
Mr. Brown asked about the snow budget. Mr. Smith advised that approximately $75,000 has been expended over the 2011 budget amount.

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October 31, 2011
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3. Subdivision Plans:

A. Final Minor Subdivision Plan – Darrell Ritchey, 2 lots, Thorley Road:

Mr. Brown made a motion, seconded by Mr. Pirritano to approve final minor subdivision plan for Darrell Ritchey, Thorley Road, contingent upon the submittal of signed and notarized plans; payment of recording fees; payment of all engineer fees; and compliance with the Township staff memo dated October 28, 2011.
Vote on the motion: All yes. The motion carried.

B. Modification Request – Woodbridge Farms, Phases X & XI:

504.3 – Engineer Escrow Fees

Mr. Waller advised that by Ordinance, 4% of the improvement bond amount must be placed in escrow to pay the inspection fees. The applicant, Michael Manning, proposes to place a letter of credit with the Township and pay the engineer’s bills as needed.
Mr. Minito made a motion, seconded by Mr. Brown to approve the modification request from 504.3, engineer escrow fees, contingent upon the placement of a letter of credit in the appropriate amount and payment of all bills when received.
Vote on the motion: All yes. The motion carried.

C. Final Subdivision Plan – Woodbridge Farms, Phases X & XI:

Mr. Pirritano made a motion, seconded by Mr. Brown to approve the final subdivision plan for Woodbridge Farms, phases X & XI, contingent upon favorable action on the modification request above; submittal of signed and notarized plans; placement of the appropriate bonding associated with the improvements to the site; placement of the engineer escrow fees if necessary; payment of recording fees; payment of all engineer fees; and compliance with the Township staff memo dated October 31, 2011.
Vote on the motion: All yes. The motion carried.

D. Bond Reduction Requests:

1. Weatherstone:
Current Bond Amt. 10% Conting. Reduction Amt. Remaining Amt.
$ 329,661.60 $ 101,367.70 $ 61,822.80 $ 267,841.80

Mr. Minito made a motion, seconded by Mr. Pirritano to approve the bond reduction request for Weatherstone as recommended by the Engineer

2. Fairfield Inn & Suites:

Current Bond Amt. 10% Conting. Reduction Amt. Remaining Amt.
$ 109,232.20 $ 27,197.20 $ 44,012.00 $ 65,220.20

Mr. Waller explained pending issues with York County Conservation District and unapproved fill placed over the sewer easement.
Mr. Pirritano made a motion, seconded by Mr. Brown to approve the bond reduction request for Fairfield Inn & Suites as recommended by the Engineer and Solicitor, but expressed their concerns about the E & S issues and the unapproved fill.
Vote on the motion: All yes. The motion carried.

3. Fairview Ridge, Phase II:

Current Bond Amt. 10% Conting. Reduction Amt. Remaining Amt.
$ 225,331.40 $ 72,753.00 $ 175,331.40 $ 50,000.00

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the bond reduction request for Fairview Ridge, Phase II as recommended by the Township Engineer.
Vote on the motion: All yes. The motion carried.

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October 31, 2011
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E. Resolution No. 2011-19 – Street Acceptance, Portion of Shuey Road, Chestnut Way, Overland Way and Valley View Circle:

Mr. Brown made a motion, seconded by Mr. Pirritano to adopt Resolution No. 2011-19, accepting a portion of Shuey Road; Chestnut Way; Overland Way; and Valley View Circle and adding same to the Township road system, contingent upon placement of the proper maintenance bonds.
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

F. Time Extension Requests:

Oakhill, Oak Hill Road April 30, 2012
Semones, Old York Road January 30, 2012

Mr. Mickle made a motion, seconded by Mr. Brown to approve the 2 (two) time extensions listed above.
Vote on the motion: All yes. The motion carried.

4. Ordinance No. 2011-5, Amending the Police Pension Plan:

Mr. Brown made a motion, seconded by Mr. Pirritano to adopt Ordinance No. 2011-5, amending the police pension plan.
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Ordinance was adopted.

5. Ordinance No. 2011-6, Amending the Non-Uniform Pension Plan:

Mr. Minito made a motion, seconded by Mr. Brown to adopt Ordinance No. 2011-6, amending the non-uniform pension plan.
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Ordinance was adopted.

6. Ordinance No. 2011-7, Establishing Stop Intersections and Parking Restrictions on Various Township Roads:

Mr. Brown made a motion, seconded by Mr. Pirritano to adopt Ordinance No. 2011-7, establishing stop intersections and parking restrictions on various Township roads.
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Ordinance was adopted.

7. Authorize Emergency Sanitary Sewer Repairs, Colonial Woods:

Mr. Minito made a motion, seconded by Mr. Brown to authorize emergency sanitary sewer repairs, Colonial Woods, as recommended by the engineer.
Vote on the motion: All yes. The motion carried.

8. Execute Stormwater Easement Agreement – James J. Wilson, Corn Hill Road:

Mr. Brown made a motion, seconded by Mr. Pirritano to authorize the Vice Chairman to execute the stormwater easement agreement with James J. Wilson.
Vote on the motion: All yes. The motion carried.

9. Authorization to Hire – Laborer, Wastewater Dept.:

Mr. Brown made a motion, seconded by Mr. Minito to hire Ryan M. Raback for the position of laborer in the wastewater dept., effective 10/29/11, at an hourly rate of $13.08, contingent upon the successful completion of a 6 month probationary period, drug and alcohol testing and criminal background and driving record checks
Vote on the motion: All yes. The motion carried.

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October 31, 2011
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10. Approve 2012 Meeting Schedule:

Mr. Pirritano made a motion, seconded by Mr. Minito to approve the 2012 meeting schedule for the Board of Supervisors as presented.
Vote on the motion: All yes. The motion carried.

11. Approve 2012 Holiday Schedule, Non-Uniform Employees:

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the 2012 holiday schedule for non-uniform employees as presented.
Vote on the motion: All yes. The motion carried.

12. Cumberland County Tax Bureau:

Mr. Smith advised that as of January 1, 2012, the West Shore Tax Bureau will cease to exist and the newly formed Cumberland County Tax Bureau will be the Township’s tax collector for EIT and LST.

13. Authorize Contract Extension with York County for Mobile Data Computers:

Chief Dugan advised that there are some issues with the language in the new contract and a 3 month extension of the current contract is being requested to resolve these issues.
Mr. Brown made a motion, seconded by Mr. Minito to authorize the Vice Chairman to sign the contract extension with York County for mobile data computers.
Vote on the motion: All yes. The motion carried.

14. Authorize Advertisement, Towing Ordinance:

Mr. Pirritano made a motion, seconded by Mr. Brown to authorize staff to advertise the Towing Ordinance.
Vote on the motion: All yes. The motion carried.

15. Present 2012 Budget of Township Funds:

Mr. Martin reviewed items included in the proposed 2012 budget:
• Real estate tax increased from 1.6 to 2.35 mills
• Street Light Tax reduced by 45%
• Fire Hydrant Tax increased by 50%
• Sewer rate increased by $12 per quarter
• Refuse rate increased by $1 per quarter
• Salary increase of 2%

Mr. Smith advised that some modifications may be made before adoption.

Mr. Brown made a motion, seconded by Mr. Pirritano to present the 2012 Budget of Township Funds for public review for the required 30 day period.
Vote on the motion: All yes. The motion carried.

16. Zoning Hearings:

Mr. Waller advised that there are no cases scheduled for November.

VI. OLD BUSINESS:

1. Mr. Mickle reviewed the status of the agreement with Lewisberry Borough for fire protection. He advised that the Lewisberry Fire Department has not moved out of the building. If they are not out by the specified time, Lewisberry Borough will take legal action. Until that time, Fairview will respond to the Borough but will not occupy the building. There was discussion on the provisions of the agreement; the Board’s comments will be forwarded to Lewisberry for inclusion. No action will be taken until all concerns are addressed.

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October 31, 2011
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VII. NEW BUSINESS:

1. Mr. Pirritano advised that Green Lane Farms will hold a block party on Saturday, November 5th.
2. Mr. Brown asked if the increase in tipping fees at York County Solid Waste Authority will affect our contract with Penn Waste.
3. Mr. Pirritano discussed the letter of complaint against the gun club. Chief Dugan advised that when these issues arise, he usually contacts someone at the club.
4. Mr. Smith advised that a resident wants the Board to pass an Ordinance limiting the height of trees.
5. Mr. Minito read a letter received from the American Legion Post 974 announcing that Matt Dieffenbach has attained the rank of Eagle Scout and will celebrate this achievement at a Court of Honor on November 5, 2011.
6. Mr. Brown commended the Eagle Scout who planned and executed the new lighted sign board at the front of the building.

VIII. APPROVAL OF MINUTES – September 26, 2011:

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the minutes of the September 26, 2011 Board of Supervisors meeting.
Vote on the motion: All yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:

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

X. ANNOUNCE EXECUTIVE SESSION:

Mr. Mickle advised that there will be an Executive Session following this meeting.

XI. ADJOURNMENT:

Mr. Brown made a motion, seconded by Mr. Minito to adjourn the meeting
Vote on the motion: All yes. The meeting was adjourned at 8:50 p.m.