2007-04-30, Board of Supervisors Meeting

 

2007-04-30

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
April 30, 2007
MINUTES

I. CALL TO ORDER:

The meeting was called to order by the Chairman, Mr. Albert, at 7:05 P.M.

II. ROLL CALL:

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

ABSENT: Stephen F. Smith, Assistant Manager

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Tilley provided a summary of the executive session(s) held before the current meeting. (Copy attached).

IV. RECOGNITION OF PUBLIC:

Mr. Ron Rosati, 430 Locust Road, addressed a drainage issue at his property. Mr. Fleming said he is aware of the resident’s concern. He has been unable to locate the subdivision plan and asked Mr. Tilley if he could obtain a copy of the deed and the plan at the courthouse. Mr. Tilley said he will locate the documents.

Joanna McIntyre, Principal of Highland Elementary School and representing the West Shore School District, referenced the scheduled DARE graduation.

V. AGENDA ITEMS:

1. Subdivision Plans:

a. Shops at Old York, Old York Road:

Mr. Brown made a motion, seconded by Mr. Mickle, to approve the plan contingent upon submittal of signed and notarized plans, execution of the revised access agreement, execution and payment of the funding associated with the impacts to the northbound I-83 ramp as noted in the agreement with the Township, placement of the appropriate bonding associated with the improvements to the site and the associated escrow fees, submittal and approval of the PennDot utility permit required for the utility crossings along Old York Road, payment of recreation fees and recording fees, payment of all engineer fees, and compliance with the Township Engineer’s report dated April 24, 2007.
Vote on the motion: All yes. The motion carried.

b. Olde Orchard, Phases III and IV:

Mr. Minito made a motion, seconded by Mr. Mickle, to approve the plan contingent upon submittal of signed and notarized plans, execution of the revised access agreement, placement of the appropriate bonding associated with the improvements to the site and the associated escrow fees, payment of recreation fees and recording fees, payment of all engineer fees, and compliance with the last Township Engineer’s report.
Vote on the motion: All yes. The motion carried.

c. Fox/Papiereden – 2 Lots, Silver Lake & Stonybrook Rds., Final Subdivision Plan:

Mr. Mickle made a motion, seconded by Mr. Minito, to approve the modification requests from Sections 402.1.0 and 402.1.A.A.
Vote on the motion: All yes. The motion carried.

Mr. Mickle made a motion, seconded by Mr. Minito, to approve the plan contingent upon submittal of signed and notarized plans, payment of all engineering fees and recording fees, and compliance with the Engineer’s report of April 25, 2007.
Vote on the motion: All yes. The motion carried.

d. 464 Ridge Road – 2 Lots, Final Subdivision Plan:

Mr. Minito made a motion, seconded by Mr. Mickle, to approve the modification requests from Sections 602.1.G, 602.2.C, and 701.1.
Vote on the motion: All yes. The motion carried.

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the plan contingent upon submittal of signed and notarized plans, payment of all engineering fees and recording fees, and compliance with the Engineer’s report of April 25, 2007.

e. Briarcliff Phase III – 40 Lots, Final Subdivision Plan:

Mr. Minito made a motion, seconded by Mr. Mickle, to approve the plan contingent upon submittal of signed and notarized plans, payment of all engineering fees and recording fees, placement of the bonding associated with improvements to the site, escrow fees, and compliance with the Engineer’s report of September 26, 2006.
Vote on the motion: All yes. The motion carried.

f. Michael & Nancy McKinney – 2 Lots, Pleasant View Rd., Final Subdivision Plan:

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the plan contingent upon submittal of signed and notarized plans, payment of all engineering fees and recording fees, and compliance with the Engineer’s report of April 2007.
Vote on the motion: All yes. The motion carried.

g. John Yanoviak, 450 Fishing Creek Road, Final Minor Land Development Plan:

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the modification request from Section 701.2.C.9.
Vote on the motion: All yes. The motion carried.

Mr. Mickle made a motion, seconded by Mr. Minito, to approve the plan contingent upon submittal of signed and notarized plans, payment of all engineering fees and recording fees, and compliance with the Engineer’s report of April 2007.
Vote on the motion: All yes. The motion carried.

h. 345 Old York Road:

Mr. Brown made a motion, seconded by Mr. Minito to approve the modification requests from Sections 401.1.A, 402.2.E, 602.1.G, 602.2.A, and 602.2.C.
Vote on the motion: All yes. The motion carried.

i. Time Extension Requests:

Quick & EZ, Fishing Creek Road June 25, 2007
Charles Zellers, Moores Mountain Road June 25, 2007
Rutter’s, Lewisberry Road July 30, 2007
Fairview Summit Center, Lewisberry Road July 30, 2007
Walters, Schoolhouse Lane October 29, 2007
Pelleschi, Locust Road October 29, 2007
Irish Meadows, Emily Lane October 29, 2007
Daub, Hickock, Old York & Marsh Run Roads October 29, 2007
214 Willis Road October 29, 2007
619 Old York Road.. October 29, 2007
Oakmont, Old Quaker Road October 29, 2007
Noble Ventures, Marsh Run Road October 29, 2007

Mr. Brown 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. Lewisberry Road Corridor and Evergreen Road Relocation:

Mr. Waller presented a plan of existing and proposed development on the Lewisberry Road corridor from the I-83 southbound ramp to Normandy Drive. He highlighted existing and proposed accesses to Lewisberry Road. With the Turnpike widening project from the Susquehanna River to the West Shore interchange, the Turnpike intends to relocate Evergreen Road and the associated traffic signal. One Turnpike proposal relocates Evergreen Road +/- 85’ west (option 1); the other proposal relocates the road +/- 320’ west (option 2). The option 2 plan would be a 4-way intersection located on the eastern side of the Summit Business Center site, a proposed development located across from the Fire Department and adjacent to the New Cumberland Federal Credit Union. The Summit Business Center, however, proposes a signalized access across from the entrance to the Fire Department that would be located on the western side of the site. If the Summit Business Center’s proposed access and signal were installed, the existing access to the Credit Union could possibly become a right-in/right-out access. The Summit Business Center also proposes to create an access easement to the Credit Union. The Credit Union has suggested access to their site from Keystone Drive. The Rutter’s plan on the south side of Lewisberry Road, located between the I-83 north and southbound ramps, warrants a signal at the northbound ramp. With the installation of a signal at the northbound ramp, the intersection of Gaumer Road with Lewisberry Road may be changed to a right-in/right-out access. Staff recommends option 2 that eliminates the need for another signal into the Fairview Summit Center site and will create additional stacking distance between the traffic lights located at Evergreen Road and Normandy Drive. It was noted that the objective for this corridor is to create safe traffic flow along Lewisberry Road. Also, there is an 83-acre tract on the north side of Lewisberry Road at the I-83 southbound ramp; any development of this commercial tract will increase traffic on Lewisberry Road.
The Turnpike is requesting the Township’s decision on where to relocate Evergreen Road.
Mr. Bond, developer of the Summit Business Center, asked the Board to delay a decision on the relocation of Evergreen until the next meeting to permit his engineer to provide an alternative access to his site for the Board’s consideration. He noted that the option 2 access to his site will prevent his development of the property.
The Board agreed to table any action to the May 21st meeting when Mr. Bond will present his proposal.

3. Proposed Text Changes, Section 1203, Lighting for Commercial, Industrial & Office Uses:

Mr. Albert addressed proposed changes to Section 1203 submitted by Mr. Kichman, representing the Fairview Summit Center, including height of poles. Mr. Albert advised that Mr. Waller will provide modifications to the proposed changes and consider the Township’s topography in providing his recommendations. Mr. Albert requested the changes be submitted at the next meeting.

4. Authorization to Advertise Stormwater Management Ordinance:

Mr. Bruening reviewed the significant changes to the Stormwater Management Ordinance to comply with state regulations for small municipal separate storm sewer systems (MS4s) and best management practices.
Mr. Minito made a motion, seconded by Mr. Brown, to submit the ordinance to the Township and York County Planning Commissions and advertise for a public hearing in accordance with the Municipalities Planning Code.
Vote on the motion: All yes. The motion carried.

5. Adopt Ordinance No. 2007-2, Establish Speed Limit, School House Lane:

Mr. Mickle made a motion, seconded by Mr. Brown, to adopt Ordinance No. 2007-2 establishing a 30 MPH speed limit on School House Lane from Ridge Road to Lewisberry Road in accordance with the traffic study.
Vote on the motion: All yes. The motion carried.

6. Authorization to Hire Public Works Laborer:

Mr. Fleming advised that another interview is scheduled but asked the Board’s permission to fill this position prior to the next meeting
Mr. Albert made a motion, seconded by Mr. Brown, to authorize Mr. Fleming to hire the laborer with ratification at the next Board meeting
Vote on the motion: All yes. The motion carried.

7. Tapping Fee, Bath Fitter, Industrial Drive:

Mr. Mickle made a motion, seconded by Mr. Albert, to refund one half of the tapping fee to Bath Fitter as recommended by the Sewer Authority due to additional costs and construction delays incurred by Bath Fitter as incorrect information was provided on the lateral location.
Vote on the motion: All yes. The motion carried.

8. Two-Way Radio Signal Booster Ordinance:

Mr. Albert made a motion, seconded by Mr. Minito, to authorize staff to advertise the Two-Way Radio Signal Booster Ordinance as recommended by the York County Department of Emergency Services.
Vote on the motion: All yes. The motion carried.

9. Zoning Hearings, May 2007:

The Board had no comment on the application filed for the May meeting. Mr. Mickle commented on another requested use change to the nursery property on Limekiln Road and noted the use is not appropriate for the zoning district; this hearing was continued to the May meeting.

VI. OLD BUSINESS: None.

VII. NEW BUSINESS:
· Mr. Mickle addressed House Bill No. 516, Municipal Government Emergency Services Reimbursement Act, scheduled for adoption in the fall that will permit billing for emergency services.

· Mrs. Tezik said that the West Shore School District is hosting a Municipal Officials Recognition Night on Thursday, May 17, 2007 at 6:30 PM. Board members were asked to confirm their attendance.

Mr. Fleming addressed the adjustment of existing manholes on Ross Avenue in conjunction with the PennDot paving project. He stated that the Township was unable to get needed information from PennDot on this work and ultimately advised that new manhole frames and covers would be utilized. This was included in the contract. However there was no mention or agreement on the paving around the manholes, and PennDot now indicates that this paving work is the Township’s responsibility although they acknowledge miscommunication on this issue.
It was the consensus of the Board that the paving around the manholes is not the Township’s responsibility.

VIII. APPROVAL OF MINUTES – March 26, 2007:
Mr. Mickle made a motion, seconded by Mr. Albert, to approve the minutes of the March 26, 2007 meeting.
Vote on the motion: Mr. Brown abstained as he did not attend this meeting; all others – yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:

Mr. Mickle made a motion, seconded by Mr. Minito, 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.

X. ANNOUNCE EXECUTIVE SESSION: None.
XI. ADJOURNMENT
The meeting adjourned at 9:15 p.m.