2008-04-28, Board of Supervisors Meeting

 

 

2008-04-28

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
April 28, 2008
MINUTES

I. CALL TO ORDER:

The meeting was called to order by the Chairman, Mr. Albert, at 7:08 P.M. at the Township Fire Station, 340 Lewisberry Road.

II. ROLL CALL:

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

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Tilley provided a summary of the executive session.

IV. RECOGNITION OF PUBLIC:

Mr. James Hossman of Silver Lake Road requested again that the Police enforce the ordinances relating to the “Stoner Property”. He notes that the owners are using the place as a dirt track and the dust and noise have made the quality of life for him and others intolerable.

Chief Dugan noted that the police had been to the property but could not find any ordinance violations.

Solicitor Tilley suggested that Mr. Hossman and his neighbors could retain counsel and sue the property owner.

Mrs. Wishard, 929 Silver Lake Road, wanted to know why the township was dumping dirt, rock, steel, and glass next to their front yard. They understand that at some time the road is to be straightened but asked why the Township is allowing this to continue.

They further stated that they had called the Township on more than one occasion but never received a satisfactory response.

Mr. Albert asked Mr. Fleming to look into this matter and the Board stated they would take action on this within a couple of weeks.

Mr. Stine, Walnut Level Road, stated the pond that is in the development on Evergreen Road has or will become a breeding ground for mosquitoes and said the pond should be drained. Mr. Waller advised that according to the state approved E & S plan, the pond is functioning properly. Mr. Waller further stated that according to the Dept. of Agriculture this type of pond is not a breeding ground for mosquitoes.

Mr. Stine will research this matter further.

V. AGENDA ITEMS:
1. Subdivision Plans:

a. Rutters, Lewisberry Road:

Meetings were held with PennDot, the developer, and the Township to address the highway occupancy permit application. PennDot wants no maintenance liability within their right-of-way. The issue is whether the Township is prepared to take over the storm water management and other improvements in the Commonwealth’s right-of-way. The Township had taken the position that it would not be the applicant for the highway occupancy permit. An agreement was reached with PennDot and Rutters that there would be no curbs or sidewalks in the Commonwealth’s right-of-way, nor would there be any stormwater facilities placed in PennDot’s right-of-way.

With this agreement in place, the Township can now approve the plan.

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the plan subject to the comments noted above; submittal of signed and notarized plans; placement of the appropriate bonding associated with the improvements to the site; payment of engineering, recreation, and recording fees; and compliance with the Township Engineer’s report dated December 28, 2007.

Vote on the motion: Mr. Pirritano, no. All others, yes. The motion carried.

b. Fairview Summit Business Center, Preliminary Land Development Plan, Lewisberry Road:

Mr. Brown made a motion, seconded by Mr. Minito to grant a variance to §701.2.B7 and 701.2C10.
Vote on the motion: All yes. The motion carried.

Mr. MIckle made a motion, seconded by Mr. Brown, to approve the preliminary land development plan contingent on signed and notarized plans, payment of engineering fees, and compliance with the Engineer’s reports dated January 23 (with the exception of comments 9, 20, and 21), April 23, and April 25, 2008.
Vote on the motion: All yes. The motion carried.

c. SARAA (Arnold Hangar), Final Minor Land Development Plan, Old Depot Road:

Mr. Pirritano made a motion, seconded by Mr. Mickle, to approve the plan contingent on signed and notarized plans, payment of engineering, recreation, and recording fees, and compliance with the Engineer’s report dated March 5, 2008.
Vote on the motion: All yes. The motion carried.
d. SARAA, Postupak:

Mr. Pirritano made a motion, seconded by Mr. Minito, to approve the modification requests from §303 Preliminary Plan, 403.1.D Boundary Tract, and 403.2.A. E&S Plan.
Vote on the motion: All yes. The motion carried.

Mr. Pirritano made a motion, seconded by Mr. Brown, to approve the plan contingent on signed and notarized plans, payment of engineering, recreation, and recording fees, and compliance with the Engineer’s report dated March 28, 2008.
Vote on the motion: All yes. The motion carried.

e. 305 Water Street, Final Minor Land Development Plan:

Mr. Minito made a motion, seconded by Mr. Brown, to approve the modification requests from § 602.1.G, 602.2.A, 602.2.C Right-of-Way, Bruce and Hogan Alleys, 605.1 Sidewalks, and 701 Storm Water Report.
Vote on the motion: All yes. The motion carried.

Mr. Minito made a motion, seconded by Mr. Brown, to approve the plan contingent on signed and notarized plans, improvement guaranty, escrow fees, payment of engineering, recreation, and recording fees, and compliance with the Engineer’s report dated April 23, 2008.
Vote on the motion: All yes. The motion carried.

f. 933, 935, and 937 Oak Hill Road, Final Minor Subdivision Plan:

Mr. Pirritano made a motion, seconded by Mr. Mickle, to approve the modification requests from§ 402.1 Septic Replacement Area, 402.1.P Wetland Delineation Report, 402.1.G Metes/Bounds Easement, 608.2 Lot Frontage, and 602.3 Roadway Width.
Vote on the motion: All yes. The motion carried.

Mr. Brown made a motion, seconded by Minito, to approve the plan contingent on submittal of signed and notarized plans, payment of engineering fees, and compliance with the Engineer’s report dated April 23, 2008.
Vote on the motion: All yes. The motion carried.

g. Atlantic Tactical – Commerce Park:
Mr. Mickle made a motion, seconded by Mr. Brown, to approve the modification requests from § 303 Preliminary Plan, 701.3.D Storm Water Discharge, 701.3.C.9 Pond Fencing, and 701.3.E Water Quality Requirement.
Vote on the motion: All yes. The motion carried.

h. Lot 1, Yorktown Road:

Mr. Pirritano made a motion, seconded by Mr. Mickle, to approve the modification requests from § 602.1 Cartway Improvements, 701.3.C.9 Pond Fencing, and 701.3.C.7 Emergency Spillway.
Vote on the motion: All yes. The motion carried.

i. Weaver Tract, Revised Text Amendment:
Mr. Ronald Secary advised the Board that the previous text amendments were withdrawn and five new text amendments are being submitted that provide greater detail and clarification. He requested that the new amendments be forwarded to the appropriate planning commissions for their review and comment.
Mr. Pirritano made a motion, seconded by Mr. Mickle, to forward the five text amendments to the appropriate reviewing agencies.
Vote on the motion: All yes. The motion carried.

j. Improvement Guaranty Reduction Request, Cider Press Estates:

Mr. Brown made a motion, seconded by Mr. Pirritano, to approve a reduction in the improvement guaranty for Cider Press Estates from $418,019.25 to $124,582.85 as inspected and recommended for approval by the Township Engineer.
Vote on the motion: All yes. The motion carried.

k. Time Extension Requests:

Honeysuckle Estates, Harkins Court June 30, 2008
Fieldbrooke, Beinhower and Valley Roads June 30, 2008
Silver Fox Estates, Highland Drive July 28, 2008
U & T, Mountainview Drive July 28, 2008
Shettels Run, Schoolhouse and Lewisberry July 28, 2008

Mr. Brown made a motion, seconded by Mr. Pirritano, to approve the time extension requests for Honeysuckle Estates and Fieldbrooke to June 30, 2008, and Silver Fox Estates, U & T, and Shettels Run to July 28, 2008.
Vote on the motion: All yes. The motion carried

l. Modification Request, 509 Sandpiper Lane, Fence in Easements:

Mr. Mickle made a motion, seconded by Mr. Albert, to approve the modification requests from Sections 610.4, Easements, and 701.2.F.4, Sanitary Sewer Easements, contingent upon the Township’s right to remove the fence to access the utilities as may be required with the property owner to be responsible to reinstall the structure.
Vote on the motion: All yes. The motion carried.

2. Adopt Ordinance No. 2008-3; Amend Time of No-Left Turn from Old Depot Rd. to Boeing Rd.:

Mr. Pirritano made a motion, seconded by Mr. Mickle to adopt Ordinance No. 2008-3 to amend the no-left turning restriction from 2pm to 5pm from Old Depot Road to Boeing Road.
Vote on the motion: All yes. The motion carried.

3. Authorization to Bid Installation of Additional Guide Rail:

Mr. Mickle made a motion, seconded by Mr. Brown to authorize staff to advertise for bids for the installation of additional guide rail.
Vote on the motion: All yes. The motion carried.

4. Ratify Hire of Wastewater Laborer and MS-4 Technician:

Mr. Pirritano made a motion, seconded by Mr. Minito, to ratify the employment of Charles Semken, Jr. as Wastewater Laborer at an hourly rate of $12.093 and Donald Shatzer as MS-4 Technician at an hourly rate of $15.66, effective April 14, 2008, both with a six-month probationary period.
Vote on the motion: All yes. The motion carried.

5. 2008 Per Capita Tax Exoneration Requests:

Mr. Brown made a motion, seconded by Mr. Mickle, to approve the 2008 per capita tax exoneration requests as submitted.
Vote on the motion: All yes. The motion carried.

6. DCNR Recreation Grant Application, Resolution No. 2008-5:

Mr. Mickle made a motion, seconded by Mr. Minito, to adopt Resolution No. 2008-5 authorizing the Chairman’s signature on the grant application and agreement in the amount of $30,000.00
Vote on the motion: All yes. The motion carried.

7. Zoning Hearings, May 2008:

There was no comment on the May hearings.

VI. OLD BUSINESS:
Mr. Pirritano commented on his vote from the last meeting regarding the building improvements. He stated that the projects were outlined in the budget and he should have voted yes but instead voted no; therefore the minutes are correct that he voted no.

Mr. Pirritano inquired about the Limekiln Road bridge. Mrs. Tezik reported that it is scheduled to be opened soon and that the Police will be monitoring the traffic for overweight vehicles.

Mrs. Tezik advised that the Borough of New Cumberland development committee wanted to know if the Township would accept the color green for the bridge and entertain sharing the lighting cost of the bridge. The Board declined to accept the lighting cost of the bridge.

VII. NEW BUSINESS:
Mr. Smith reported that the Pension Board had met earlier in the day and had recommended that the Board of Supervisors amend the investment strategies for the Pension Plan.
Mr. Mickle made a motion, seconded by Mr. Minito, to accept the recommendation of the Police Pension Board and modify the investment strategy.
Vote on the motion: All yes. The motion carried.

Mr. Mickle made a motion, seconded by Mr. Minito, to accept the recommendation of the Non Uniform Pension Board and modify the investment strategy.
Vote on the motion: All yes. The motion carried.

VIII. APPROVAL OF MINUTES – March 31, 2008 Meeting:
Mr. Albert made a motion, seconded by Mr. Pirritano, to approve the minutes of the March 31, 2008 meeting.
Vote on the Motion. Mr. Brown abstained as he was not at the 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 in which the business operates. All others, yes. The motion carried

Mr. Albert made a motion, seconded by Mr. Pirritano, 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 8:35 p.m.