2012-01-30, Board of Supervisors Meeting

2012-01-30

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
January 30, 2012
MINUTES

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

II. ROLL CALL:

PRESENT: William C. Brown, Chairman
Mario D. Pirritano, Vice-Chairman
John C. Minito, Supervisor
Christopher L. Allen, Supervisor
Robert P. Stanley, Jr., Supervisor
Stephen F. Smith, Manager
Stephen M. Waller, Code Administration Director
Patrick J. Fazzini, Stock & Leader, Solicitor
Bernard G. Dugan, Chief of Police
Donna L. Nissel, Secretary

ABSENT: Donald F. Martin, Assistant Manager

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Brown advised that no Executive Session was held after the last meeting; an Executive Session was held prior to this meeting to discuss personnel issues.

IV. RECOGNITION OF PUBLIC:

1. Mr. John Calaman, Fetrow Lane, commended the Public Works Department for snow removal after the recent storm. He also asked why the Vacancy Board held an Executive Session prior to their public meeting on January 3rd. In his opinion, this was a violation of the Sunshine Law. Mr. Fazzini indicated that as he was not present at that meeting, he would defer this matter to Mr. Jones, who is expected to arrive later in the meeting.

V. AGENDA ITEMS:

1. Subdivision Plans:

A. Discussion – Preliminary/Final Subdivision Plan – Clover Crossing IV, Old Trail Court:

Mr. Waller advised that the Planning Commission has been presented with a plan for the remaining portion of Clover Crossing. This last portion of the development is predominantly in Newberry Township. There are 4 new building lots being created and one lot add-on. Only the lot add-on will be in Fairview Township, the 4 new lots will be completely located in Newberry Township. The existing Old Trail Ct is in Fairview; however the street does not have a cul-de-sac portion in Fairview. This plan proposes the addition of the cul-de-sac to be located within Newberry Township. This cul-de-sac in its self does not have enough length for Newberry to receive liquid fuels from PennDOT for it. The only means of access will be from the portion of Old Trail Ct in Fairview Township. Staff, as well as the Planning Commission, has advised the applicant that an inter-municipal agreement would need to be created for Fairview Township to provide maintenance and possible ownership of this small portion of the street in Newberry Township. This information is being provided tonight as the Board will be asked to give some type of direction to the applicant in the near future. Staff will follow up with the developer.

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January 30, 2012
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B. Time Extension Requests:

Semones, Old York Road March 26, 2012
New View Corp., Shawnee Court June 25, 2012
Fager Tract, Lewisberry & Old Quaker Roads June 25, 2012
Shettel Tract, Lewisberry Road July 30, 2012

Mr. Stanley made a motion, seconded by Mr. Minito to approve the four (4) time extension requests as listed above.
Vote on the motion: All yes. The motion carried.

2. Discussion – Big Spring Road Piping & Leveling Project:

Mr. Drew Bitner, Township Engineer, advised the Board that in conjunction with the pipe replacement on Big Spring Road, he proposes that a portion of the road be filled in to level the road and correct poor sight distance. Sub-base and binder would be applied until it is paved in 2013. In response to a question from Mr. Pirritano, he said that it is approximately 250 feet and the project cost would be minimal. The Board concurred with his proposal.

3. Change of Ownership, North and South Wastewater Treatment Plants:

Mr. Minito made a motion, seconded by Mr. Stanley to authorize the Manager, on behalf of the Township, to execute all applications and appropriate documents and submit same to DEP requesting that all NPDES permits be transferred from the Authority into the name of the Township.
Vote on the motion: All yes. The motion carried.

4. Request for NO TRUCKS Signs, Locust Road:

Mr. Robert Handley, Locust Road, advised the Board that in the past few years, tractor trailers have been apparently getting lost and trying to make the turn at the corner or Locust and Spruce Roads. It is not wide enough to accommodate the large trucks and his mailbox, fence, and yard have been damaged or destroyed numerous times. He is requesting that the Township post “No Trucks except Local Deliveries” signs to try to keep these trucks out of the neighborhood.
Mr. Smith advised that this would require a study by the Engineer and an Ordinance.
Mr. Pirritano made a motion, seconded by Mr. Stanley authorizing a study by the Engineer and the preparation of an ordinance if warranted.
Vote on the motion: All yes. The motion carried.

5. Disabled Veteran Tax Exempt Status:

Mr. Minito made a motion, seconded by Mr. Pirritano to grant real estate tax exemption to Ronald Knight, as qualified by the PA Department of Military and Veterans Affairs and authorize the Manager to grant any additional requests if the veteran meets the requisite qualifications.
Vote on the motion: All yes. The motion carried.

6. Execute 2012 Animal Care and Housing Agreement, York County S.P.C.A.:

Mr. Stanley made a motion, seconded by Mr. Pirritano to authorize the Chairman to execute the 2012 agreement with the York County S.P.C.A. for the annual sum of $8,334.00.
Vote on the motion: All yes. The motion carried.

7. Ratify the Manager’s Termination of Employee – Wastewater Department:

Mr. Pirritano made a motion, seconded by Mr. Minito to ratify the termination of Ryan Raback, a wastewater department employee, and authorize staff to advertise for a public works employee to be assigned to the Wastewater Dept.
Vote on the motion: All yes. The motion carried.

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January 30, 2012
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8. Ordinance No. 2012-1, Creating the 2012 Act 537 Water District and Requiring Mandatory
Connection:

Mr. Pirritano made a motion, seconded by Mr. Stanley to adopt Ordinance No. 2012-1, creating the 2012 Act 537 Plan Water District and requiring mandatory connection for properties located within that Water District.
Mr. Allen asked if the Township will finance this project. Mr. Smith advised that the water company would bear the cost of the water line installation and the homeowner can apply to York County for a no-interest loan to cover the cost of connection.
Roll Call Vote: Mr. Brown, yes; Mr. Pirritano, yes; Mr. Minito, yes; Mr. Allen, yes; Mr. Stanley, yes.
The Ordinance was adopted.

9. Resolution No. 2012-2, Fee Schedule:

Mr. Stanley made a motion, seconded by Mr. Minito to approve Resolution No. 2012-2, Fee Schedule.
Roll Call Vote: Mr. Brown, yes; Mr. Pirritano, yes; Mr. Minito, yes; Mr. Allen, yes; Mr. Stanley, yes.
The Resolution was adopted.

10. Resolution No. 2012-3, Designate Agent – Hazard Mitigation Grant Program (HMGP):

Mr. Smith advised that two homeowners in Green Lane Farms want to sell their homes which were severely damaged by flooding. Under the HMGP, the federal government would pay 75%, state would pay 23% and the Township would have to pay 2% of the home’s value prior to the damage.
Mr. Pirritano stated that he thought that it would be a 75-25 split and that the Township would not have to pay any portion. He feels the homeowner should pay the 2%. Mr. Smith advised that the Township would take ownership of the property. It could not be sold or built on, and the Township would be responsible for maintaining it as open space in perpetuity.
Mr. Stanley made a motion, seconded by Mr. Pirritano to designate Donald Martin, III, as agent to execute all required forms and documents for the purpose of obtaining financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
Roll Call Vote: Mr. Brown, yes; Mr. Pirritano, yes; Mr. Minito, yes; Mr. Allen, yes; Mr. Stanley, yes.
The Resolution was adopted.

11. Appointment, Zoning Hearing Board – Unexpired Term to January, 2014:

Mr. Pirritano made a motion, seconded by Mr. Stanley to appoint James C. Maxwell to fill an unexpired term on the Zoning Hearing Board to January, 2014.
Vote on the motion: All yes. The motion carried.

12. Appointment, Representative and Alternate – Local Govt. Advisory Committee:

Mr. Waller said that the LGAC reviews and provides comments to the York County Planning Commission on all ordinance changes submitted to the YCPC from York County municipalities.
Mr. Stanley and Mr. Allen agreed to serve on this committee.
Mr. Brown made a motion, seconded by Mr. Minito to appoint Robert P. Stanley, Jr., as representative and Christopher L. Allen as alternate, to the Local Government Advisory Committee.
Vote on the motion: All yes. The motion carried.

13. Discussion – Rental Property Inspection Program:

Mr. Brown stated that these inspections would take place when there is a change of tenants. He also said that this program must be revenue neutral for the Township.
Mr. Pirritano said this matter needs further study.
Mr. Smith advised that at this time it is estimated that there are 200-300 residential rental properties.
Mr. Waller was instructed to provide more details, such as cost, time involved, type of inspections, etc. and report back to the Board.

14. Executive Session – Vacancy Board:

Mr. Calaman again stated that he believes the Executive Session held prior to the Vacancy Board Meeting on January 3rd was in direct violation of the Sunshine Law. Mr. Jones said he was not aware of this conflict at the time, but he would look into it.
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January 30, 2012
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15. Zoning Hearings:

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

VI. OLD BUSINESS:

1. Mr. Pirritano referred back to the S.P.C.A. agreement and asked how the fee was calculated. Chief Dugan advised that it is based on per capita.
2. Mr. Smith provided an update on the Act 537 project. 104 letters were sent out for Phase 1; 72 inspections have been done.
3. Mr. Pirritano referenced a letter received from the County commissioner’s office with regard to real estate taxes. Mr. Smith was directed to respond to the letter.
4. Mr. Brown said that at the January 3rd meeting a request from Lt. Hockenberry to promote Det. Loper to Lieutenant was denied. He has since determined that funds were in the department’s budget for that promotion and thinks the matter should be revisited. The matter was tabled.

VII. NEW BUSINESS:

1. Mr. Smith advised that the auditors have returned to finalize the 2011 audit.
2. Chief Dugan told the Board that this will be his last meeting as he has a schedule conflict for the February meeting and will be retiring prior to the March meeting.

VIII. APPROVAL OF MINUTES:

Mr. Minito made a motion, seconded by Mr. Pirritano to approve the minutes of the December 5 and December 19, 2011 meetings of the Board of Supervisors.
Vote on the motion: Mr. Allen and Mr. Stanley abstained as they were not seated on the Board at that time; Mr. Brown, Mr. Pirritano and Mr. Minito, yes. The motion carried.

Mr. Minito made a motion, seconded by Mr. Allen to approve the minutes of the January 3, 2012 Reorganization meeting of the Board of Supervisors.
Vote on the motion: Mr. Stanley abstained as he was not seated on the Board at that time; Mr. Brown, Mr. Pirritano, Mr. Minito and Mr. Allen, yes. The motion carried.

Mr. Pirritano made a motion, seconded by Mr. Minito to approve the minutes of the January 3, 2012 meeting of the Vacancy Board.
Vote on the motion: Mr. Stanley abstained as he was not seated on the Board at that time; Mr. Brown, Mr. Pirritano, Mr. Minito and Mr. Allen, yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:

1. Mr. Pirritano made a motion, seconded by Mr. Allen to ratify payments to CET Engineering Services, Inc., as presented.
Vote on the motion: Mr. Stanley abstained; all others, yes. The motion carried.

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

X. ANNOUNCE EXECUTIVE SESSION:

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

XI. ADJOURNMENT:

The meeting was adjourned at 8:32 p.m.