2012-06-25, Board of Supervisors Meeting

2012-06-25

 

 

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
June 25, 2012 – 7:00 p.m.
MINUTES

I. CALL TO ORDER:

The meeting was called to order by the Chairman, Mr. Brown, at 7:01 p.m.

II. ROLL CALL:

PRESENT: William C. Brown, Chairman
Mario D. Pirritano, Vice-Chairman
John C. Minito, Supervisor
Christopher L. Allen, Supervisor
Stephen F. Smith, Manager
Donald F. Martin, Assistant Manager
Stephen M. Waller, Code Administration Director
David A. Jones, Stock & Leader, Solicitor
Jason Loper, Police Lieutenant
Donna L. Nissel, Secretary

ABSENT: Robert P. Stanley, Jr., Supervisor

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Brown advised that no Executive Sessions were held after the May 21st meeting or prior to this meeting.

IV. RECOGNITION OF PUBLIC:

1. Wanda Kintzel, 128 Forest Drive, said she wanted to lodge a complaint about Mr. Pirritano that he was aware of zoning violations in the neighborhood concerning in-home businesses and daycares that are not state or Zoning Hearing Board approved and that he has either done nothing or tried to protect those she thinks are his friends. She said she has filed complaints with the Codes Department and says nothing has been done. Mr. Pirritano said he has always tried to act properly and has given advice to Mrs. Kintzel as to what she should do. Mrs. Kintzel also said that neighbors are retaliating against her by causing damage to her property. Mr. Brown said her accusations would be investigated and asked her to put her complaints into a letter with details.

2. Bill Hobart, 567 Pleasant View Road, spoke of dangerous road conditions at his property. He said two vehicles have crashed into his property and damaged vehicles in his driveway. Mr. Brown asked Lt. Loper to monitor the speed at that location.

3. Tom Busch advised that he has had a red maple tree planted in Roof Park in memory of Perry Albert. He also said there have been burglaries on King and Queen Streets and asked if there have been any apprehensions. Lt. Loper said he is not familiar with these cases.

4. Florence Allen spoke about the towing ordinance and the status of the towing zones.

V. AGENDA ITEMS:

1. 2011 Audit – Jim Koontz, Brown Schultz Sheridan & Fritz:

Mr. Koontz briefly reviewed his firm’s audit report, previously provided to the Board. He pointed out that there is a $1.5 million unfunded pension liability. Mr. Smith also spoke of pension smoothing and inflated asset values. Mr. Minito commended Mr. Smith, staff and Mr. Koontz for their efforts.

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2. Red Land Senior Center:

Bob Gasswint reported that the center is in the second month of a feasibility study for the construction of a new community center to house both the Senior Center and the Red Land Little League on land owned by the Wyndamere Heights Church. John Staz advised that approximately $3 million will be needed for the project. He indicated that in addition to the facilities needed for the Senior Center, it will have a gym and indoor batting cages for the Little League. He asked the Board to consider a larger donation next year toward this project cost. Mr. Brown asked if they have a fall-back plan if this plan is not feasible. Mr. Minito mentioned that the Mt. Zion Elementary School is now vacant. Mr. Staz said they may explore that option with the school district.

3. Draft Zoning Ordinance and Comprehensive Plan:

Mr. Smith said that since the Comprehensive Plan was updated and adopted, the economy has drastically changed. Mr. Jones advised that the Plan can be amended to address specific requests for zoning changes. He suggested a deadline of July 17 for any additional requests. These would then be submitted to the Planning Commission in August followed by a public hearing before the Board of Supervisors. The Board concurred.

4. Alpha Engineering – Zoning Request, 83 Acre Tract, Lewisberry Road:

John Murphy, Alpha Engineering, advised the Board that their client, Liberty Property Trust is interested in having the 83 acre tract bounded by Lewisberry Road, I-83 and the Turnpike rezoned for industrial warehouse use. Mr. Brown expressed concerns about the traffic impact on that area. Mr. Murphy stated that the traffic study would be done in conjunction with a site plan. The Board concurred with moving forward with this request.

5. Subdivision Plans:

A. Modification Requests – Allied Roofing, Pleasantview Road:

1. 601.2.G – Cartway Improvements
2. 602.2.C – Cartway Improvements
3. 701.3.C (4) (a) – Stormwater Land Cover Pre-development Requirements

Mr. Minito made a motion, seconded by Mr. Pirritano to approve the modification requests from 601.2.G, 602.2.C and 701.3.C (4) (a).
Vote on the motion: All yes. The motion carried.

B. Final Subdivision Plan – Mark & Loretta Walker, 2 lots, 569 Nauvoo Road:

Mr. Pirritano made a motion, seconded by Mr. Allen to approve the final subdivision plan for Mark & Loretta Walker contingent upon submittal of signed and notarized plans; payment of recording fees; payment of all engineer/staff review fees; and compliance with the Township staff memo dated June 18, 2012
Vote on the motion: All yes. The motion carried.

C. Final Subdivision Plan – Ronald Eppley & Christopher Stremmel, 2 Lots, 1008 Pinetown Road:

Mr. Minito made a motion, seconded by Mr. Pirritano to grant a modification request from 602.2.C, Cartway Widening, as PennDOT has indicated they do not want this road widened.
Vote on the motion: All yes. The motion carried.

Mr. Pirritano made a motion, seconded by Mr. Allen to approve the final subdivision plan for Ronald Eppley & Christopher Stremmel contingent upon submittal of signed and notarized plans; payment of recording fees; payment of all engineer/staff review fees; and compliance with the Township staff memo dated June 18, 2012

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D. Land Development Plan – Red Land Senior Center, Wyndamere Road:

Ron Secary explained the land development plan now before Newberry Township. This plan includes a very small portion located in Fairview Township.
Mr. Minito made a motion, seconded by Mr. Allen to approve the review of the plan as a whole by Newberry Township, including a small portion located in Fairview Township, with final approval by the Board at a later date conditioned on Newberry Township’s review and approval of the plan.
Vote on the motion: All yes. The motion carried.

E. Bond Reduction Request – Woodbridge Farms, Phases X & XI:

Current Bond Amt. 10% Conting. Reduction Amt. Remaining Amt.
$ 350,333.64 $ 59,020.09 $ 163,193.75 $ 128,119.80

Mr. Pirritano made a motion, seconded by Mr. Allen to approve the bond reduction request for Woodbridge Farms, Phases X & XI as recommended by the Township Engineer.
Vote on the motion: All yes. The motion carried.

F. Bond Release Request – Fairfield Inn & Suites:

Current Bond Amt. 10% Conting. Reduction Amt. Remaining Amt.
$ 65,220.20 $ 27,197.20 $ 65,220.20 $ 0.00

Mr. Minito made a motion, seconded by Mr. Allen to approve the bond release request for Fairfield Inn & Suites as recommended by ARRO Engineering.
Vote on the motion: All yes. The motion carried.

G. Time Extension Requests:

Tintsman Tract – Pleasantview Road December 3, 2012
Deardorff/Fox – Pinetown Road September 24, 2012

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

6. Ratify Bid Award – Laura Court Paving:

Mr. Minito made a motion, seconded by Mr. Allen to ratify the bid award for paving Laura Court to Pennsy Supply in the amount of $29,946.36.
Vote on the motion: All yes. The motion carried.

7. Ratify Bid Awards – North WWTP Headworks and UV System:

a. Contract 1, General Construction – LB Industries:

Mr. Pirritano made a motion, seconded by Mr. Minito to ratify the bid award for general construction to
LB Industries in the amount of $905,000.00

b. Contract 2, Electrical Construction – J.B. Electric Corp.:

Mr. Allen made a motion, seconded by Mr. Minito to ratify the bid award for electrical construction to J.B. Electric Corp., in the amount of $98,100.00.
Vote on the motion: All yes. The motion carried.

8. Resolution No. 2012-9 – Temporary Banners Iron Bridge, Vickie’s Angel Walk:

Mr. Minito made a motion, seconded by Mr. Pirritano to adopt Resolution 2012-9 for the installation of temporary banners on the Iron Bridge for Vickie’s Angel Walk from 09/04/12 to 10/15/12 and the SMT Turkey Trot from 10/15/12 to 11/23/12
Roll Call Vote: Mr. Brown, yes; Mr. Pirritano, yes; Mr. Minito, yes; Mr. Allen yes. The resolution was adopted.
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9. Resolution No. 2012-10 – Temporary Banner Iron Bridge, New Cumberland Apple Festival

Mr. Minito made a motion, seconded by Mr. Pirritano to adopt Resolution 2012-10 for the installation of a temporary banner on the Iron Bridge for the New Cumberland Apple Festival from 08/27/12 to 09/29/12.
Roll Call Vote: Mr. Brown, yes; Mr. Pirritano, yes; Mr. Minito, yes; Mr. Allen yes. The resolution was adopted.

10. Act 537 – Status, Phase 1:

Mr. Smith reviewed the status of the Act 537 Sewer Project and advised that the public meeting for Phase 1 residents was held on June 21st.

11. PA Turnpike – Interchange Ramps Resurfacing:

The Board reviewed the Turnpike correspondence for a short-term detour of the ramps from Northbound I-83 to Limekiln Road and Southbound I-83 to Lewisberry Road beginning in the spring, 2013 and concurred with the proposal.

12. Discussion – Ordinance & RFP, Township Towing Services:

Mr. Brown reviewed the history of this matter and again reiterated that the Township has three options: Divide the Township into zones, month-to-month rotation or an RFP for exclusive towing rights. Florence Allen and Ken Snyder both spoke on the issue and Mr. Allen and Mr. Snyder both indicated their willingness to come to an agreement on zones.
Mr. Minito said that this issue has dragged on long enough and directed that all involved parties sit down and come to a final resolution of this matter. A meeting was scheduled for Monday, July 2nd with Mr. Allen, Mr. Snyder, Chief Hockenberry and Mr. Minito.

13. Discussion – Debt Collection, Water Shut-off:

Mr. Smith reported that delinquent accounts are in excess of $370 thousand. Mr. Jones advised that although the Township has an agreement with PA American Water, that agreement would have to be updated and revised. He also said that under certain circumstances water cannot be shut off. If it is shut off, the Township could be liable to pay the water company for lost revenue.

14. Rights-of-Way – Policies & Procedures:

Mr. Jones explained the Township’s rights pertaining to entering onto other’s property where rights-of-way are shown on a plan or deed.

15. Zoning Hearings:

At this time there are no Zoning Hearing Board cases scheduled for July.

VI. OLD BUSINESS:

1. Mr. John Mickle said that he was never notified of the proposed zoning changes to his property on Ross Avenue and feels that affected residents/property owners should be notified in advance of any proposed changes.

2. Mr. Pirritano addressed the complaints made by Mr. Kintzel earlier in the meeting and reiterated that he has always tried to act properly and felt he gave his best advice to Mrs. Kintzel about her complaints.

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VII. NEW BUSINESS:

1. Sanitary Sewer Easement Encroachment Agreement – Lot #5, Lenker Estates:

The owner of the property has constructed a stone wall, portions of which are located within the 30-foot sanitary sewer easement. The owner agrees that should it become necessary to make any repairs, maintenance or replacement of the sewer lines, he will, at his sole expense remove any sections of the wall necessary.
Mr. Pirritano made a motion, seconded by Mr. Minito to authorize the Chairman to execute the agreement, contingent upon the signature of the homeowner.
Vote on the motion: All yes. The motion carried.

2. Resolution No. 2012-11 – Street Lights, Woodbridge Farms, Phases 10 & 11:

Mr. Minito made a motion, seconded by Mr. Pirritano to approve Resolution No. 20112-11 for the installation of street lights by MetEd in Woodbridge Farms.
Roll Call Vote: Mr. Brown, yes; Mr. Pirritano, yes; Mr. Minito, yes; Mr. Allen yes. The resolution was adopted.

3. Resignation – West Shore Recreation Commission:

Mr. Smith advised that Carmen Williams, Director of the Commission, is resigning her position in July. He suggested that the Township should present Mrs. Williams with a Certificate of Appreciation for her many years of dedicated service. The Board concurred.

4. Sidewalk Repairs – Green Lane Farms:

Mr. Bitner reported that he has marked 78 locations so far in Green Lane Farms that need repair or replacement of the sidewalk and will continue until he has inspected the whole development.

5. Recognition of Boy Scouts:

Mr. Brown recognized three Scouts from Troop 312 – Patrick Stall, Brandon Stall, and Trevor Krug – who were in attendance as part of the requirements for a “Citizenship in the Community” badge.

VIII. APPROVAL OF MINUTES:

Mr. Pirritano made a motion, seconded by Mr. Allen to approve the minutes of the May 21, 2012 meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:

Mr. Brown 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:

There will be an Executive Session following this meeting to discuss personnel and legal issues.

XI. ADJOURNMENT:

Mr. Brown adjourned the meeting at 9:15 p.m.