2008-01-28, Board of Supervisors Meeting

 

 

2008-01-28

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
January 28, 2008
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
Mario D. Pirritano, Supervisor
Paula S. Tezik, Manager
Stephen F. Smith, Assistant Manager
Bernard G. Dugan, Chief of Police
Stephen M. Waller, Code Administration Director
Edward A. Stalnecker, ARRO, Engineer
Walter A. Tilley, Stock & Leader, Solicitor

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Tilley provided a summary of the executive session(s) held before the current meeting. (Copy attached)
Mr. Albert announced that the Board held meetings on 1/07/2008 and 01/18/2008 for personnel matters.

IV. RECOGNITION OF PUBLIC:

Michael Wilson addressed the Board and noted the continuous problems with the junkyard operated by Ron Allen on Saw Mill Road have not been addressed. He noted that Mr. Allen continues to dump oil on the ground, the fencing has fallen down, the road is still being used as a place to store cars, and on some occasions the road is blocked by the junk vehicles.

Neil Metzger of Rutters inquired about the stormwater permit for PennDot. Mr. Tilley reported that he had been in contact with Eric Jackson at PennDot and PennDot to date is still saying that the Township must obtain the permit.

Jeff Greenawalt of Big Springs Road asked the status on his request that the Township correct a long-standing problem of water on his property. He was advised the Township may consider vacation of the road and deed it to him permitting him to control the flow of water. He was advised the Township would have to perform certain engineering and related studies and additionally would have to install a swale to move the water away from his home at Township expense. The Staff will pursue this and report back to the Board before the next meeting and begin preparation of appropriate draft ordinances to vacate the road.

Mr. Mickle made a motion, seconded by Mr. Brown, to authorize the preparation and advertising of an ordinance to vacate that portion of Big Springs Road.
Vote on the Motion. All yes. The Motion carried

Mr. Wayne Krouse of 106 Bunker Hill Road inquired about the proposed changes to the property known as the “Weaver Tract”. It was noted that this would be considered later in the meeting.

V. AGENDA ITEMS:
1. Subdivision Plans:

a. Fairview Summit Business Center, Lewisberry Road, Preliminary Land Development Plan:
Tom Scott, Esq., representing the developer, requested that the Board approve the plan as submitted as it meets all requirements of the ordinances and all requisite filings have been made. The Traffic Impact study has been submitted and accepted.

There was considerable discussion as to where the access is to be located and Mr. Scott stated that based on the study there is no requirement that the access be located in any other position. He stated the developer would assume all costs necessary to reconfigure the fire department entrance and parking lot to align with their proposed development access location.
He requested that the plan be “Approved as Presented”.
The Board then took a recess to speak with the Solicitor.

Recess was taken at 7:50 P.M.

The Board returned from the recess at 8:01 p.m.

Mr. Tilley announced that he had advised the Board on certain matters with respect to the approval or denial of the plan.

Mr. Scott indicated that it was his position that there should be no reason to grant an extension of the plan for another 30 days just to be told by the Board the location is not acceptable. It is either a no or yes decision. The Developer has stated he wants a full, safe access to and from the property with a traffic signal and is prepared to pay for the signal. There was continued discussion of distance from other existing and proposed signals.

He stated that the Board needs to make a decision to either approve the plan or deny the plan. He indicated that he is more than happy to pursue this matter for 5 years in the courts spend a couple of hundred thousand dollars to prove that his client is correct.

The Engineer stated that he has in fact not reviewed the HOP and the traffic impact study at this time and will need time to review it.

At the same time there are other issues to be resolved including a plan of the reconfiguration of the fire station access and parking area as well as the review of the Traffic Impact Study

Mr. Scott stated that he would be able to grant an extension of time for making a decision if a plan can be submitted that shows the impact to the fire station which can be made in 30 days and then allow 25 days for review of all the issues, with a vote to be taken on March 31, 2008.
Mr. Minito made a motion, seconded by Mr. Pirritano to grant the requested time extension until March 31, 2008.
Vote on the motion: All yes. The motion carried.

b. Zoning Text Amendment Request: The stenographer was not here and this matter was continued and then we returned to it later in the meeting.

Ron Lucas Esq., representing the developer, sought the Board’s consideration of a text amendment for the property known as the “Weaver Tract” on Old Forge Road. This text amendment would alter the timing in which the developer has to prepare to have his plans approved. Mr. Lucas stated that he has reviewed the time line on the Zoning ordinance and he feels that it is 6 months. Mr. Tilley stated that it is the Township’s position that the ordinances allow for 18 months. He stated that Mr. Lucas’s interpretation was incorrect.

Discussion followed on “coverage” or the amount of land that could be used if the frontage was modified in the Cluster development. The Board at this time does not understand the reason for this change and the impact on the development is not known. There seems to be no dispute as to the number of units that the property can support, rather the density and the impact on impervious surface calculations. The Developer stated that the overall impervious surface area is not changed. However the coverage of an individual lot increases. The argument is a net no change in impervious area.

The Board said it would review the proposed text amendment without the suggested language for the 6 month timeline and forward the amendment to the Planning Commission and York County Planning Commission for their review. A public hearing would be scheduled for the proposed text change once their reviews are completed. Ron Lucas Esq. indicated that he would revise the proposed text change minus the language on the 6 month timeline.

c. Conditional Use Application – Cluster Development: R F Fager Tract, Lewisberry Road:
Mr. John Murphy of Alpha Engineering for Yingst Homes requested that the Board forward their proposed conditional use application for a cluster development on the RF Fager tract adjacent to Lewisberry Road to the Fairview Township Planning Commission and the York County Planning Commission for comments and recommendations. The Board noted that a public hearing will be scheduled for the March or April meeting on the application once the commissions have given their recommendations.
Mr. Mickle made a motion, seconded by Mr. Brown, to forward the Applicant’s application to the respective Planning Commissions for review.
Vote on the motion: All yes. The motion carried.

d. Sign Modification Request – Rutter’s, 368 Lewisberry Road:
Mr. Minito made a motion, seconded by Mr. Mickle, to approve the modification request from Chapter 19, Section 105.1, sign area, and Section 105.3, height of sign.
Vote on the motion: All yes. The motion carried.

e. Hamme & Shaffer, Lewisberry Road:

Section 403.2.1 E & S Plan
Section 403.2.B HOP Required
Section 403.2.C Township HOP
Section 403.2.D Stormwater Management

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the modification request from Sections 403.2.1, 403.2.B, 403.2.C, and 403.2.D. as this is a 2-lot land swap.
Vote on the motion: All yes. The motion carried.

f. Carpenter Realty, Laurel Road:

Section 403.2.A E & S Plan
Section 701 Stormwater Plan

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the modification request from Sections 403.2.A and 701.
Vote on the motion: All yes. The motion carried.

g. Improvement Guaranty Reduction Requests:

1) Weatherstone:
Mr. Brown made a motion, seconded by Mr. Mickle, to approve the improvement guaranty reduction request from $1,006,530.30 to $921,659.30 based upon inspection by the Township Engineer.
Vote on the motion: All yes. The motion carried.

2) The Woods at Deer Run, Phase III:
Mr. Mickle made a motion, seconded by Mr. Minito, to approve the improvement guaranty reduction request from $231,243.10 to $97,607.90 based upon inspection by the Township Engineer.
Vote on the motion: All yes. The motion carried.

h. Time Extension Requests:

Carpenter Realty, Laurel Road February 25, 2008
Honeysuckle Estates, Old Quaker Road March 31, 2008
Fieldbrooke, Beinhower Road April 28, 2008
Hamme & Shaffer, Lewisberry Road April 28, 2008

Mr. Mickle made a motion, seconded by Mr. Pirritano, to approve the time extension request for Carpenter Realty to February 25th, Honeysuckle Estates to March 31st, and Fieldbrooke and Hamme & Shaffer to April 28, 2008.
Vote on the motion: All yes. The motion carried.

2. Conditional Use Hearing– Weaver Tract, Old Forge Road:
Mr. Mickle made a motion, seconded by Mr. Brown, to accept the Applicant’s withdrawal of the conditional use for the Weaver Tract at this time.
Vote on the motion: All yes. The motion carried.

3. Participation in Capital Region COG Legal Challenge, Chesapeake Bay Tributary Strategy:
Mr. Mickle made a motion, seconded Mr. Mr. Brown, to provide funding in the amount of $2,000 to Capital Region Council of Governments for the legal challenge on the Chesapeake Bay Tributary Strategy.
Vote on the motion: All yes. The motion carried.

4. Bid Award, Window Installation – Municipal Building:
Mr. Minito made a motion, seconded by Mr. Mickle, to accept the bid of JEM Contracting for the installation of windows in the Township building.
Vote on the motion: All yes. The motion carried. (Bid tabulation attached)

The Board recessed for five minutes.

5. Execute DEP Recycling Development Grant:
Mr. Mickle made a motion, seconded by Mr. Brown, to execute the DEP Recycling Development grant in the amount of $101,710 for purchase of a loader for use at the yard waste facility.
Vote on the motion: All yes. The motion carried.

6. Completion of Probationary Period, Police Department:
Mr. Brown made a motion, seconded by Mr. Minito, to grant permanent status to Patrolman Gary Ross effective January 8, 2008.
Vote on the motion: All yes. The motion carried.

7. Fire Hydrant Application, Olde Orchard:
Mr. Minito made a motion; seconded by Mr. Pirritano, to approve the application for two hydrants in the Olde Orchard development.
Vote on the motion: All yes. The motion carried.

8. Zoning Hearing, February 2008:
Although there were no specific issues that the Board chose to address, it was noted that the Capital City Airport property is not specifically addressed in the Zoning Ordinance. Any new building hangers require hearings before the Zoning Hearing Board.

VI. OLD BUSINESS:
Mrs. Tezik addressed the following items:
· The Board authorized the increase in the sewer rate in the budget. The Board needs to authorize the preparation of an ordinance so that the Township can prepare bills for mailing for the second quarter.
Mr. Mickle made a motion, seconded by Mr. Albert, to authorize the preparation and advertisement of the new sewer rate increase.
Vote on the motion: All yes. The motion carried.

· She also noted that we did not have official permission to begin the borrowing for the North Plant upgrades.
Mr. Mickle made a motion, seconded by Mr. Brown, to take the necessary steps to borrow money for financing the upgrades at the North Plant.
Vote on the motion: All yes. The motion carried.

· Mrs. Tezik reported that during the most recent meeting with the engineers on the Act 537 Plan it appears that there will be an area that will need to be sewered, that in today’s dollars is gong to cost around 4 million dollars. Tentatively we have asked for an extension on this matter until 2017 but that is in the purview of DEP. Additionally DEP has asked the Township to adopt a Septic Management plan.

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

VIII. APPROVAL OF MINUTES – December 3, December 12, December 18, 2007, and January 7, 2008 Meetings:

Mr. Mickle made a motion, seconded by Mr. Minito, to approve the minutes of the December 3, 12, 18, 2007 and January 7, 2008 meetings.
Vote on the motion: All 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 in which the business operates. All others, yes. The motion carried.

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

X. ANNOUNCE EXECUTIVE SESSION

XI. ADJOURNMENT:

The Meeting adjourned at 9:27 p.m.