2012-12-03, Board of Supervisors Meeting

2012-12-03

 

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
December 3, 2012 – 7:00 p.m.
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
Donald F. Martin, Assistant Manager
Stephen M. Waller, Code Administration Director
David A. Jones, Stock & Leader, Solicitor
Lt. Jason Loper, Police Department
Donna L. Nissel, Secretary

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Jones announced the following Executive Sessions:
November 8, November 24 and prior to this meeting: Personnel matters.

IV. RECOGNITION OF PUBLIC:

Prior to recognizing members of the audience for comment, Mr. Jones read the following statement:

“Fairview Township received a complaint concerning the Fairview Township Police Department. As a result of the complaint, Fairview Township engaged independent counsel to begin an investigation into the complaint. Information was discovered during the course of the investigation and such information was presented to the Supervisors in Executive Session held prior to the continued Board of Supervisors meeting held on the afternoon of November 8, 2012. The information revealed conduct that supported termination of the Police Chief under the Police Tenure Act.

The Board of Supervisors convened the continued meeting and a motion was made to terminate Chief Hockenberry. After a second on the motion, the Board of Supervisors approved the motion by unanimous vote of the members present. No other action was taken and the meeting was continued until Wednesday, November 14.

Immediately following the public meeting and the vote on November 8, Chief Hockenberry was called to the Township office and the Board’s decision, including the findings upon which the action was based, were shared with the Chief.

As with any termination of a public employee, such matters are exempt from public discussion under the Pennsylvania Sunshine Law for the protection of all parties concerned. The Township will not release any further information regarding the matter.

Under the Pennsylvania Sunshine Law, you are entitled to express your feelings or concerns regarding this matter during the public comment section of the agenda. As indicated above, the Board will listen to your comments, but will not provide any further information beyond the contents of this statement and does not intend to answer any questions regarding this matter.”

The following persons commented on the issue:
Christina Jensen, Gladys Treaster, Kimberly Shaffer, Robert Kross, Linda Bogdonovic, Bill Osterenza, Peter O’Neill, Steve Porkopas, Elaine Bambak, Ken Sober, Ken Puller, George Young, Sam Morgan, Leandra Clark, Jim Mitchell, Christine Conley, Craig Wolford, Mark Wilson, Doug Klinger.

Mr. Glass, Fishing Creek Road, asked if a permit was needed to install a new furnace. Mr. Waller said yes, a permit is required. Mr. Glass said he applied for the permit and installed the furnace a year ago, but was just notified that his permit was ready. Mr. Waller will look into the matter.

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
December 3, 2012
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V. AGENDA ITEMS:

1. Building, Zoning, Codes:

A. Draft Zoning Ordinance Update:

This item will be discussed at a separate meeting to be held December 10th at 6:00 p.m.

B. Modification Requests:

1. D’Agostino, Lewisberry Road:

602.1.G & 602.2.C – Cartway Improvements

Mr. Stanley made a motion, seconded by Mr. Pirritano to approve the modification request from 602.1.G and 602.2.C, cartway improvements, contingent upon PennDOT approval, and a note on the plan that the improvements will be required if Lot #2 is developed.
Vote on the motion: All yes. The motion carried.

Final Minor Land Development Plan – D’Agostino, Lewisberry Road:

Mr. Stanley made a motion, seconded by Mr. Minito to approve the final minor land development plan for D’Agostino, contingent upon submittal of signed and notarized plans; payment of recording fees; payment of all engineer/staff review fees; payment of applicable recreation fees; submittal and approval of an improvement guarantee estimate; the placement of the approved improvement guarantee with the corresponding engineer escrow; and compliance with the Township staff memo dated November 23, 2012
Vote on the motion: All yes. The motion carried.

2. E.K. Services – Old York Road:

403 – Submission of Final Land Development Plan

Mr. Minito made a motion, seconded by Mr. Pirritano to approve the modification request from 403 – submission of final land development plan.
Vote on the motion: All yes. The motion carried.

3. Susquehanna Sports, Shawnee Court:

303 – Preliminary Plan
701.3.C.9 – Stormwater Pond Fencing
701.3.C.10 – Stormwater Basin Floor Slope

Mr. Stanley made a motion, seconded by Mr. Minito to approve the modification requests from 303 – preliminary plan, 701.3.C.9 – stormwater pond fencing, and 701.3.C.10 – stormwater basin floor slope.
Vote on the motion: All yes. The motion carried.

C. Time Extension Requests:

Shettel Farm – Old Quaker Road February 25, 2013
Susquehanna Sports – Shawnee Court March 25, 2013

Mr. Pirritano made a motion, seconded by Mr. Stanley to grant the two (2) time extension requests as listed above.
Vote on the motion: All yes. The motion carried.

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
December 3, 2012
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D. Resolution No. 2012-19 – Planning Module, Deardorff, Pinetown Road:

Mr. Stanley made a motion, seconded by Mr. Allen to adopt Resolution No. 2012-19, Planning Module – Deardorff, Pinetown Road.
Vote on the motion: All yes. The Resolution was adopted.

E. Resolution No. 2012-20 – Planning Module, Shettel Farm, Lewisberry Road and Schoolhouse Lane:

Mr. Minito made a motion, seconded by Mr. Stanley to adopt Resolution No. 2012-20, Planning Module – Shettel Farm, Lewisberry Road and Schoolhouse Lane.
Vote on the motion: All yes. The Resolution was adopted.

F. Zoning Hearings:

There was no comment on the hearings.

2. Request for Sewer Capacity – Reynolds, 102 Hillcrest Drive (1 EDU – South Plant):

Mr. Stanley made a motion, seconded by Mr. Pirritano to grant the request for 1 (one) EDU for new residential construction, 102 Hillcrest Drive.
Vote on the motion: All yes. The motion carried.

3. Ordinance No. 2012-6, Amending Recycling Ordinance:

Mr. Stanley made a motion, seconded by Mr. Minito to adopt Ordinance No. 2012-6, amending Chapter 20, Part 2 of the Code of Ordinances to include Community Activities.
Vote on the motion: All yes. The motion carried.

4. Final Draft – Environmental Covenant, Marsh Run Park:

Mr. Smith reviewed the document and advised that it will be submitted tomorrow.

5. Discussion – EMS Budget Payments:

Mr. Smith advised that the Fairview Township E.M.S. has requested that their funds for 2013 be paid in one lump sum at the beginning of the year, and have the Township bill them for expenses monthly. He said that tax revenue for E.M.S. is not received until later in the year and billing them monthly would put an unnecessary burden on Township staff. He did not recommend that this request be granted. The Board concurred.

6. Discussion – Sewer Rates:

Mr. Smith advised the Board that sewer rates may have to be increased in 2013 to cover the cost of the bore under the Turnpike of $700,000 +/-.

7. 2013 Budget of Township Funds:

A. Resolution No. 2012-21 – 2013 Revenue and Expenditures

Mr. Pirritano made a motion, seconded by Mr. Stanley to approve Resolution No. 2012-21 – 2013 Township Revenue and Expenditures.
Roll Call Vote: Mr. Brown, yes; Mr. Pirritano, yes; Mr. Allen, yes; Mr. Stanley, yes; Mr. Minito, yes.
The Resolution was adopted.

B. Resolution No. 2012-22 – 2013 Tax Levies

Mr. Martin advised that this budget contains no tax increases.
Mr. Stanley made a motion, seconded by Mr. Allen to approve Resolution No. 2012-22 – 2013 Tax Levies.
Roll Call Vote: Mr. Brown, yes; Mr. Pirritano, yes; Mr. Allen, yes; Mr. Stanley, yes; Mr. Minito, yes.
The Resolution was adopted.
FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
December 3, 2012
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VI. OLD BUSINESS:

There was no old business discussed.

VII. NEW BUSINESS:

There was no new business discussed.

VIII. APPROVAL OF MINUTES:

Mr. Minito made a motion, seconded by Mr. Allen to approve the minutes of the November 14, 2012 meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:

1. Mr. Pirritano made a motion, seconded by Mr. Allen to ratify payment to CET Engineering Services as presented.
Vote on the motion: Mr. Stanley abstained as he is an employee of the company; all others, yes. The motion carried.

2. Mr. Minito made a motion, seconded by Mr. Stanley 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 / CONTINUANCE:

Mr. Stanley made a motion at 8:00 p.m., seconded by Mr. Minito, to continue the meeting to December 10, 2012 at 6:00 p.m.
Vote on the motion: All yes. The motion carried.