2007-01-29, Board of Supervisors Meeting

2007-01-29

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
January 29, 2007
MINUTES

I. CALL TO ORDER:

The meeting was called to order by the Chairman, Mr. Albert, at 7:02 p.m.

II. ROLL CALL:

PRESENT: Perry Albert, Chairman
John W. Mickle, III, Vice Chairman
William C. Brown, Supervisor
Mario D. Pirritano, Supervisor
John C. Minito, Supervisor
Paula S. Tezik, Manager
Stephen F. Smith, Assistant Manager
Bernard G. Dugan, Chief of Police
Stephen M. Waller, Code Administration Director
Walter A. Tilley, Stock & Leader, Solicitor
Mark Bruening, RV&B, Engineer

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Tilley provided a summary of the executive session(s) held after the last meeting and before the current meeting. (Copies attached).

IV. LIEUTENANT OATH OF OFFICE:
Magisterial District Judge Roger Estep administered the oath of office to Scott Hockenberry as Lieutenant of the Township’s Police Department.

V. RECOGNITION OF PUBLIC:
Mr. Michael Shaffer, 505 Benyou Lane, said he attended the Sewer Authority meeting to request permission to install an on-lot septic system rather than connect to the public sewer system as was depicted on the approved George and Nancy Mikos subdivision plan located on Pleasantview Road for lot #2. He was advised by the Authority that because the sewer connection was shown on the subdivision plan that he must request a modification from this requirement from the Board of Supervisors.
Mr. Mickle made a motion, seconded by Mr. Brown, to grant the modification request from sanitary sewer connection and permit installation of an on-lot system for lot#2 of the George and Nancy Mikos Subdivision plan.
Vote on the motion: All yes. The motion carried.

Mr. Tim Weaver, Timber Ridge, addressed concerns with the installation of a septic system on a vacant lot adjacent to his property and potential impact on his well.

Mr. Clint Hoffman, 675 Beinhower Road, asked what action is being taken to address sewer capacity in the southern area. Mr. Mickle explained that capacity is available for approved plans and addressed the responsibility of developers in providing capacity for their plans.

VI. AGENDA ITEMS
1. Subdivision Plans:

a. Dauphin County EMA – Big Spring Road:

Section 303 Preliminary Plan Approval
Section 403.2.D Stormwater less than 5000 Sq. Ft.

Mr. Pirritano made a motion, seconded by Mr. Minito, to approve the modification requests from Sections 303 and 403.2.D.
Vote on the motion: All yes. The motion carried.

b. Cider Press Estates, Preliminary Plan – Siddonsburg & Pinetown Roads:

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the preliminary plan contingent upon submittal of signed and notarized plans, outside agency approvals, and payment of all engineering fees in accordance with ordinance requirements.
Vote on the motion: All yes. The motion carried.

c. Ritchey, Final Plan – Thorley Road:

Mr. Minito made a motion, seconded by Mr. Mickle, to approve the plan contingent upon submittal of signed and notarized plans, payment of recreation fees, engineering fees, recording fees, and bonding for public improvements in accordance with ordinance requirements.
Vote on the motion: All yes. The motion carried.

d. McKinney – Hain Road:

Section 402.1.C Driveway Profile, Denial Recommended by Planning Commission
Section 402.1.0 Existing Features, Adjacent
Section 402.1.P Existing Features, On-site
Section 402.2.G Wetland Analysis
Section 602.2 Street Design Requirements
Section 602.4 Cul-deSac Requirements
Section 602.8 Public Road Frontage
Section 610.1.D.3 Septic Replacement Sites

Mr. Pirritano made a motion, seconded by Mr. Mickle, to approve all modification requests enumerated above.
Vote on the Motion: All yes. The Motion carried

e. Modification Request, Brian & Deborah Bolger, 502 Evergreen Road:
This matter was tabled at the request of the applicant.

f. David Leroy Plumbing, 539 Old York Road:

Mr. Pirritano made a motion, seconded by Mr. Minito, to approve the plan contingent upon submittal of signed and notarized plans, payment of engineering and recording fees in accordance with ordinance requirements.
Vote on the Motion: All yes. The Motion carried.

g. Van Dyke, 3 Lots – Old Quaker Road:

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the plan contingent upon submittal of signed and notarized plans, payment of recreation, engineering, and recording fees in accordance with ordinance requirements.
Vote on the motion: All yes. The motion carried.

h. Financial Way Street Acceptance:

There was notice from Mr. Fleming that the “As Builts” were not correct. The sewer was not installed in accordance with the plans. Mr. Waller noted that the parking area was expanded from the approved plan and that there were stormwater issues. The engineer stated that he had requested plans and reports from the developer’s engineer and they have not been provided.

The Board discussed the possibility of issuing citations to the developer at a maximum penalty of $1,000.00 per day until such time as the issues are resolved.
Mr. Mickle made a motion, seconded by Mr. Minito, to take no action on this matter and not accept the dedication until such time as all of these issues are resolved.
Vote on the motion: All yes. The motion carried.

i. Time Extension Requests:

Tintsman, Pleasant View Road March 26, 2007
A. G. Mauro, Industrial Drive March 26, 2007
McKinney, Hain Road March 26, 2007
Fairview Summit Center, Lewisberry Road April 30, 2007
Shops at Old York, Old York Road April 30, 2007
Olde Orchard Hill 3 & 4, Old York Road April 30, 2007
Rutters, Lewisberry Road April 30, 2007
Dicely, Grandview Drive April 30, 2007
White Oak, Big Spring Road June 25, 2007

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

2. Adopt Ordinance No. 2007-1, Amending Chapter 5, Part 1, Section 101.2:

Mr. Pirritano made a motion, seconded by Mr. Minito, to adopt Ordinance No. 2007-1 amending Chapter 5, Part 1, Section 101.2 to delete references to a specific version of the Uniform Construction Code.
Vote on the motion: All yes. The motion carried.

3. Ratify Police Collective Bargaining Agreement:

Mr. Albert made a motion, seconded by Mr. Brown, to ratify the Police Collective Bargaining Agreement effective January 1, 2007 through December 31, 2011.
Vote on the motion: All yes. The motion carried.

4. Agreement Extension, York County Solid Waste & Refuse Authority:

Mr. Minito made a motion, seconded by Mr. Brown, to ratify the extension of the Agreement with the York County Solid Waste & Refuse Authority.
Vote on the motion: All yes. The motion carried.

5. Application for Fire Hydrants, The Woods at Deer Run:

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the installation of two fire hydrants on Musket Court in The Woods at Deer Run.
Vote on the motion: All yes. The motion carried.

6. Adopt Resolution No. 2007-3, Police Training Reimbursement Program:

Mr. Brown made a motion, seconded by Mr. Mickle, to adopt Resolution No. 2007-3 certifying that the Township will adhere to the provisions of Act 120 to obtain police training reimbursement.
Vote on the motion: All yes. The motion carried.

7. Adopt Resolution No. 2007-4, Emergency Management Operations Plan:

Mr. Brown made a motion, seconded by Mr. Minito, to adopt Resolution No. 2007-4 to approve and place into effect the Radiological Emergency Response Procedures for Fairview Township.
Vote on the motion: All yes. The motion carried.

8. Adopt Resolution No. 2007-5, Installation of Banner

Mr. Mickle made a motion, seconded by Mr. Albert, to adopt Resolution No. 2007-5 for the installation of a banner on the iron bridge, as required by PennDot.
Vote on the motion: All yes. The motion carried.

9. Authorization to Advertise Sale of Property:

Mr. Minito made a motion, seconded by Mr. Pirritano, to authorize staff to advertise the sale of +/- 17 acres of land adjacent to the Hedgerow development.
Vote on the motion: All yes. The motion carried.

10. Extension of Sludge Hauling Contract:

Mr. Albert made a motion, seconded by Mr. Mr. Minito, to extend the contract with Klines Services for one year to January 31, 2008.
Vote on the motion: All yes. The motion carried.

11. Zoning Hearings, February 2007 – No applications submitted.

VII. OLD BUSINESS
Staff discussed with the Board the development on Lewisberry Road from the Interstate 83 southbound ramp to Evergreen Road and related cartway and signal improvements.

Mrs. Tezik reported that the Federal Government met with the Township regarding the Marsh Run Park. They wanted to know if we were prepared to take back the park.
Mr. Mickle made a motion, seconded by Mr. Minito, to let the park area revert back to the Federal Government.
Vote on the motion: All yes. The motion carried.

Mrs. Tezik advised that construction of the Wyndamere Road/Valley Road realignment project is scheduled for 2008. A public meeting is recommended to be held prior to the March meeting for residents adjacent to the project work.
Mr. Mickle made a motion, seconded by Mr. Minito, to schedule the meeting for March 26th at 6:00 pm.
Vote on the motion: All yes. The motion carried.

Mr. Mickle stated that Fire Department members will be moving items into the new station by February 1st. He also stated that there will be a delay in the delivery of the rescue truck; the foam system is not working properly and the truck has to be altered to accommodate a larger pump. Delivery is now expected in June.

Mr. Pirritano asked the status of the bridge on Limekiln Road. Mrs. Tezik advised that repairs are scheduled this spring and the bridge will then reopen at the same 3-ton limit.

Mr. Waller displayed plans recently submitted for the Board’s information and comment:

VIII. NEW BUSINESS:
There was no new business discussed.

IX. APPROVAL OF MINUTES – November 29, December 4, & December 21, 2006, & January 2, 2007 :

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the minutes of the November 29, December 4, December 21, 2006, and January 2, 2007 meetings
Vote on the motion: All yes. The motion carried.

X. RATIFICATION OF BILLS PAYABLE:
Mr. Mickle made a motion, seconded by Mr. Brown, to ratify payment to Factory Supply Company:
Vote on the motion: Mr. Albert abstained as he owns the building. All others, yes. The motion carried.

Mr. Albert made a motion, seconded by Mr. Mickle, to ratify payment of all other Bills Payable.
Vote on the motion: All yes. The motion carried.

XI. ANNOUNCE EXECUTIVE SESSION

XII. ADJOURNMENT:
The meeting adjourned at 9:02 p.m.