2007-07-30, Board of Supervisors Meeting

 

2007-07-30

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
July 30, 2007
MINUTES

I. CALL TO ORDER:

The meeting was called to order by the Chairman, Mr. Albert, at 7:04 P.M.

II. ROLL CALL:

PRESENT: Perry Albert, Chairman
John W. Mickle, III, Vice Chairman
John C. Minito, Supervisor
William C. Brown, Supervisor
Bernard G. Dugan, Chief of Police
Stephen M. Waller, Code Administration Director
Stephen F. Smith, Assistant Manager
Edward A. Stalnecker, ARRO, Engineer
Walter A. Tilley, Stock & Leader, Solicitor

ABSENT: Mario D. Pirritano, Supervisor
Paula S. Tezik, Manager

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Albert provided a provided a summary of the executive session held July 26, 2007 and Mr. Tilley provided a summary of the session before the current meeting (copy attached).

IV. PUBLIC HEARING, CHAPTER 22, SECTION 1203, LIGHTING ORDINANCE:

Public Comment:
There was no public comment.

Adoption of Lighting Ordinance No. 2007-06:
Mr. Brown made a motion, seconded by Mr. Mickle to adopt Ordinance # 2007-06.
Vote on the motion: All yes. The motion carried.

V. RECOGNITION OF PUBLIC:
There was no public comment.

VI. AGENDA ITEMS:
1. Subdivision Plans:

a. Shops at Old York:

The Board took considerable time on this matter as it had been previously determined that the plans approved by the Board of Supervisors had not been followed by the developer once construction began.

The Developer, represented by Mr. Robert Walker of Johnson Duffie Stewart and Weidner, admitted that there had been some changes made. Kevin Dowd, also representing the developer, admitted that the plans had not been resubmitted to the Board as a matter of time constraint and it was their opinion that they were not significant.

Mr. Tilley elicited from the Developer that in fact they had lied to the Township and that the Board was within their rights to take more time to review these plans and continue with the “Stop Work Order”.

The Township Engineer noted there were some significant issues with the changes and that that the plan should have been resubmitted prior to the beginning of construction.

Mr. Mickle made a motion, seconded by Mr. Brown to accept and approve the recently submitted plans that the Engineer had reviewed. The motion continued with the provision and stipulation that the Developer would notify the Township Engineer of any changes or modifications to the Plan and that the Township Engineer would make a decision on any requests for changes subject to reserving the right to stop work on any changes if deemed appropriate by the Engineer or the Township.

Vote on the motion: All yes. The motion carried.

b. Final Subdivision Plan, Lot 2, Fisher Road:
Mr. Chris Hoover spoke on behalf of the owner and indicated that he would like the Board to approve the requested waiver.

Mr. Brown made a motion, seconded by Mr. Mickle to deny the request for waiver of §602.1.G, 602.2.A, 602.2.C. “Cartway Improvements”.
Vote on the motion: All yes. The motion carried.

Mr. Hoover then asked if the Board would take official action on the plan so that if the plan was denied the applicant could appeal the Board’s decision.

Mr. Mickle made a motion, seconded by Mr. Brown to reject the plan based on the plan not complying with the cartway improvement requirements as outlined in Sections 602.1.G, 602.2.A, 602.2.C 60 of the SLDO.

Vote on the motion: All yes. The motion carried.

c. Wolf Ridge Estates – Pinetown Road:

Mr. Chris Hoover spoke on behalf of the owner and indicated that he would like the Board to approve the requested waiver. He further advised that the owner/developer would be prepared to offer, in lieu of the improvements, a lump sum payment of $750.00 to the recreation program.

Mr. Mickle made a motion, seconded by Mr. Brown to deny the requested waivers of §602.1.G, 602.2.A, 602.2.C. “Cartway Improvements”.
Vote on the motion: All yes. The motion carried.

d. Grace Baptist Church, Wyndamere Road:

Mr. Minito made a motion, seconded by Mr. Brown, to approve the modification requests from § 303, Preliminary Plan, and §614.2.A.2 Traffic Impact Study.
Vote on the motion: All yes. The motion carried.

Mr. Mickle made a motion, seconded by Mr. Brown to deny the request for waivers of §602.1.G, 602.2.A, 602.2.C. “Cartway Improvements” for Pleasant View Road.
Vote on the motion: All yes. The motion carried.

Mr. Mickle made a motion, seconded by Mr. Minito to deny the requested waivers of §602.1.G, 602.2.A, 602.2.C. “Cartway Improvements”, Wyndamere Road. (SR0177)
Vote on the motion: All yes. The motion carried.

e. Time Extension Requests:

Fairview Summit, Lewisberry Road October 29, 2007
Wolfe Ridge Estates December 3, 2007
Richard Anderson, Fishing Creek Road December 3, 2007
Jeff Rice, 345 Old York Road September 24, 2007

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

2. Accept Proposal, Bridge and Culvert Inspections:

Mr. Albert made a motion, seconded by Mr. Minito, to accept the proposal of Pennoni and Associates Inc., in the amount of $12,500 to provide the specified bridge and culvert inspections pursuant to the solicited RFP.
Vote on the motion: All yes. The motion carried.

3. Waiver Request, Well Isolation Distance, 789 Null Road:

Mr. Minito made a motion, seconded by Mr. Mickle, to approve the well isolation distance waiver request in accordance with §72.33(b) of the PA Environmental Code, as recommended by the SEO.
Vote on the motion: All yes. The motion carried.

4. Zoning Regulations on Small Wind Turbines:

The Board discussed the pending environmental impact of “Wind Turbines” on the Township. There are many issues involved and this matter should be studied to assure that the Township moves forward with this environmental issue and is addressed where it serves the residents of the Township in the best way.

Mr. Mickle made a motion, seconded by Mr. Brown, to authorize staff to research and then prepare an ordinance for the Board’s review.
Vote on the motion: All yes. The motion carried.

5. Schedule 2008 Budget Workshop Meetings:

Mr. Mickle made a motion, seconded by Mr. Minito to advertise the following dates and times for Budget meetings and any other business that may come before the Board:

August 27, 2007 4:00 p.m.
September 20, 2007 1:30 p.m.
October 25, 2007 1:30 p.m
All meetings will be held in the Township Board Room.
Vote on the motion: All yes. The motion carried.

6. Zoning Hearing, August 2007:

Mr. Waller is to advise the Zoning Hearing Board that the Township will be researching the Windmill ordinance.

VII. OLD BUSINESS:
Mr. Waller discussed the following items:

· Amazon Building Lighting:
The Township had received several e-mails from one of the residents of the Fox Run development regarding the “Amazon.Com” building. The emails express concerns about the Board’s action with respect to the lighting approval that occurred when the CO was issued. At that time some of the residents in the neighborhood were upset at the amount of light pollution that was present in the area as well as the presence of trailers making noise into the night.

The developer, the neighborhood and the Township agreed to allow the existing lighting to remain provided that there were shields installed on the lights and the developer agreed to landscape the area that abuts the neighborhood with additional trees and shrubs that would provide a barrier for sound and light.

The current issue is whether the board could allow this to happen and why did we not enforce the zoning code and require the lighting to be lowered. It appears at that time of the agreement that the Board, the developer and the neighbors had all reached a consensus. Now the question is whether the Board had the authority to make these agreements and whether the aggrieved neighbors spoke for the neighborhood.

· Final Walters Plan – School House Lane:
Mr. Mickle made a motion, seconded by Mr. Minito to approve the final plan subject to the letter from the Township Engineer dated July 26, 2007.
Vote on the motion: All yes. The motion carried.

· Final Oakmont Subdivision Plan:
After some discussion, Mr. Minito made a motion seconded by Mr. Mickle to approve the plan subject to the memo from the Township Engineer dated July 26, 2007 and the road improvements as previously discussed.
Vote on the motion: All yes. The motion carried.

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

IX. APPROVAL OF MINUTES – June 25, 2007:

Mr. Brown made a motion, seconded by Mr. Mickle, to approve the minutes of the June 25, 2007 meeting.
Vote on the motion: All yes. The motion carried.

X. 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.

XI. ANNOUNCE EXECUTIVE SESSION:
XII. ADJOURNMENT:
The meeting adjourned at 7:55 pm.