2007-09-24, Board of Supervisors Meeting

 

2007-09-24

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
September 24, 2007
MINUTES

I. CALL TO ORDER:

The meeting was called to order by the Chairman, Mr. Albert, at 7:00 P.M.

II. ROLL CALL:

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

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. Phillip Dodson, 514 Bowman Avenue, referenced a no-outlet sign on Bowman Avenue and noted it is a dead end street not a cul-de-sac. He said trucks have to turn around in his driveway. He asked that the sign be changed to indicate it is a dead end street. The Board referred this request to public works for review.
Mr. Dodson also commented on the many streams in the Township that are unnamed. He said these streams should be named and identified; this signage could be beneficial for those responding to any hazardous spill incidents. Mr. Dodson will be provided with agency contacts for information on this matter.

Mr. Joe Felts, 619 Copper Circle, commented on the lighting on the Amazon building adjacent to the Fox Run development. He said the lights are not installed according to the ordinance and the light shines in his development and in his front windows. Mr. Waller reviewed the lighting for the Amazon building and the other warehouse. He said that plan was approved for Amazon without lights being noted on the plan. He also addressed the lighting and landscaping that was done in response to concerns from residents of Fox Run. Mr. Waller is to discuss this with the developer and report to the Board.

V. AGENDA ITEMS:
1. Subdivision Plans:

a. John Brenneman, Brenneman Road and Moores Mt. Road:

Mr. Pirritano made a motion, seconded by Mr. Minito, to approve the plan contingent on submittal of signed and notarized plans, payment of all engineering and recording fees, and compliance with the ARRO Engineer report dated September 20, 2007.
Vote on the motion: All yes. The motion carried.

b. Richard and Margaret Anderson, Fishing Creek Road:

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the plan contingent on submittal of signed and notarized plans, payment of all engineering and recording fees, and compliance with the RVB report dated June 5, 2007.
Vote on the motion: All yes. The motion carried.

c. Modification Requests, 339 Braddock Drive:

Chapter 22, Section 610.4, Structure in a Stormwater Easement
Chapter 22, Section 701.2.D.3, Structure in a Sanitary Sewer Easement
Mr. Brown made a motion, seconded by Mr. Minito, to approve the modification request from Chapter 22, Section 610.4, contingent on gates at both ends of the easement to allow vehicle access and a binding legal agreement approved by the Township Solicitor and to deny the modification request from Chapter 22, Section 701.2.D.3.
Vote on the motion: All yes. The motion carried.

2. York County Convention – November 8, 2007:

Mr. Pirritano, Mr. Mickle, and Mr. Albert will attend the November 8th County Convention.

3. Approve West Shore Recreation Commission 2008 Contribution:

Mr. Pirritano made a motion, seconded by Mr. Brown, to approve the West Shore Recreation Commission 2008 contribution in the amount of $29,358.
Vote on the motion: All yes. The motion carried.

4. Completion of Probationary Period – Public Works, Wastewater:

Mr. Mickle made a motion, seconded by Mr. Minito, to approve Sean Shoemaker’s satisfactory completion of the 6-month probationary period.
Vote on the motion: All yes. The motion carried.

5. Revision to Open Records Policy:

Mr. Pirritano made a motion, seconded by Mr. Brown, to approve the revised Open Records Policy that removes charges for labor and record retrieval in producing requested public records.
Mr. Tilley advised that the Commonwealth Court ruled that these charges couldn’t be imposed in producing records. Discussion followed on copy fees.
Vote on the motion: All yes. The motion carried.

6. Time Extension Requests:

Charles Zellers, Moores Mt. Road………………. October 29, 2007
Jeffrey Rice, 345 Old York Road………………… December 3, 2007
Grace Baptist Church, Wyndamere Road……… December 3, 2007
Fieldbrook, Beinhower Road…………………….. January 28, 2008
Cycle Chem, Industrial Drive

Mr. Mickle made a motion, seconded by Mr. Minito, to approve the time extension requests for Charles Zellers to 10/29/07, Jeffrey Rice and Grace Baptist Church to 12/3/07, and Fieldbrooke to 01/28/08.
Vote on the motion: All yes. The motion carried.

Cycle Chem, Industrial Drive:
A time extension was not provided by Cycle Chem.
Mr. Mickle made a motion, seconded by Mr. Brown, to reject the plan of Cycle Chem as the plan does not comply with the following ordinance requirements cited in the Township Engineer’s report of July 24, 2007:

1. Provide correct rear yard setback requirement of 75 feet on Cover Sheet in Zoning Data table. Additionally, show all yard setbacks on plan. (27-1005.1.F)
2. The use must be served by public sewer. The note on the Cover Sheet states that the site will be served by an existing on lot septic system, but the plan shows a lateral connecting to sewer main in street, please clarify. (27-1005.2.A)
3. Additional spaces are needed to meet parking requirement. (27-1404)
4. The handicapped parking spaces shall be provided as follows:
· Accessible spaces shall be located on the shortest route of travel from adjacent parking to and accessible structure. (27-1403.2.A)
· Accessible spaces shall be at least ten (10) feet wide. (27-1403.2.B)
· Accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility. (27-1403.2.E)
5. Provide digital copy of plan. (22-304.2.A{1})
6. Provide adjoiner recording information. (22-402-1.H)
7. Provide invert information for existing storm sewer system and detention pond. (22-402.1.0)
8. Certifications of accuracy must be signed and sealed by the responsible professional(s). (22-402.1.L, 22-403.1)
9. Certification of ownership and dedicatory statement must be signed, sealed and notarized by the owner. (22-402.1.M, 22-403.1)
10. Contours on the plan in the area of the new paving and infiltration trench are incomplete. (22-402.1.R)
11. Provide required sight triangle information at existing driveway. (22-402.1.S)
12. Show primary control point. (22-402.1.V)
13. Provide signature blocks in required format as provided in Subdivision and Land Development Ordinance appendices. (22-403.1.A.B)
14. Show and label street right of way line. (22-403.1.D)
15. The Applicant must provide financial security in a form acceptable to the Township and in an amount to be estimated by the applicant and approved by the Township Engineer to insure construction of the improvements. (22-502)
16. Show locations of proposed monuments and markers. (22-611)
17. Easements shall be provided for all drainage and stormwater facilities. (22-701.2.D)
18. Provided note on plan identifying ownership and maintenance responsibilities for the stormwater conveyance and stormwater management facilities. (22-701.5)
19. The stormwater management facilities shall comply with Part 7 of the Fairview Township Subdivision and Land Development Ordinance. (22-701)
20. Provide detail showing section through proposed infiltration trench.
21. Delineate new impervious surface on plans.
22. Provide additional labels on plan including edge of pavement, structures, impervious surfaces, gates, fences, building/structure entries, etc.
23. Uniform line types make plan difficult to review.

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

7. Zoning Hearing, October 2007:

Mr. Waller reviewed the two cases scheduled for the October Zoning Hearing Board meeting. There were no comments on the scheduled Hearings.

VI. OLD BUSINESS:
Draft Residential Wind Energy Ordinance:

Mr. Tezik presented a draft ordinance for the Board’s review and comment. The ordinance will also be submitted to the Planning Commission for their review and comment.

VII. NEW BUSINESS:
Mrs. Tezik advised that the memorial dedication for Nancy Steigerwalt will be held on October 13th at 2:30 pm at Roof Park and the memorial dedication for E. R. McCollum will be held on October 20th at 11:00 am at Bob McCollum Park, formerly New Market Park.

VIII. APPROVAL OF MINUTES – August 27, 2007, Budget Workshop and Regular Meeting:

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the minutes of the August 27th Budget and Regular meetings.
Vote on the motion: All yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:
Mr. Mickle made a motion, seconded by Mr. Pirritano, 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 8:00 pm.