2008-06-30, Board of Supervisors Meeting

 

2008-06-30

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
June 30, 2008
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 7:09 P.M. at the Township Fire Station, 340 Lewisberry Road.

II. ROLL CALL:

PRESENT: Perry Albert, Chairman
William C. Brown, Supervisor
Mario D. Pirritano, Supervisor
Stephen F. Smith, Manager
Bernard C. Dugan, Chief of Police
Stephen M. Waller, Code Administration Director
Edward A. Stalnecker, ARRO, Engineer
David A. Jones, Stock & Leader, Solicitor
Donna L. Nissel, Secretary

ABSENT: John W. Mickle, III, Vice Chairman
John C. Minito, Supervisor

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Albert advised that an Executive Session was held prior to tonight’s meeting to discuss pending personnel matters.

IV. SHOPS AT OLD YORK – TRAFFIC SIGNALS, OLD YORK ROAD:

Mr. Brown made a motion, seconded by Mr. Pirritano, authorizing the Chairman and Secretary to sign the Traffic Signal Plan mylars for submission to PennDOT.
Vote on the motion: All yes. The motion carried.

V. RECOGNITION OF PUBLIC:

Mr. Steve Hutchison, 976 Silver Lake Road, lodged a complaint about dirt bike riding on neighboring properties. He said there are a minimum of 8 dirt tracks. He estimates 8-10 riders at least 3-4 nights a week and weekends. He said the noise and dust make it impossible to be outside. He asked the Board to look at the Ordinance governing dirt bikes to see if anything can be done to alleviate their problem. Mr. Jones advised that operating unlicensed vehicles on the road is a violation, but Mr. Hutchison may want to speak directly to the neighbors whose property is being used for dirt bike riding. Mr. Albert said that while we have no control over dust, the noise levels can be measured. He advised Mr. Hutchison that the Supervisors will review the Ordinance.
Mrs. Cynthia Hossman, 970 Silver Lake Road, said she has spoken with her attorney who did not recommend suing neighbors. She said that property owners in the area have to call the owners of the dirt tracks to ask them to please not ride if they are planning an outdoor event.
Mr. Pirritano asked if we have used a decibel meter. Chief Dugan said they have, but noise levels are subjective at the time they are taken, depending on the distance. They will try again if they are called.
Mr. Albert reiterated that the Board will look into the problem and any Ordinance changes they may be able to make.

VI. PUBLIC HEARING – CONDITIONAL USE APPLICATION, CLUSTER DEVELOPMENT:

Mr. Jones asked if the applicant would consent to a continuance to a later date when all members of the Board of Supervisors were present. Mr. John Murphy, Alpha Engineering, representing the applicant, agreed to this request and invited members of the audience who had in interest in this matter to meet with him for an informal discussion before the continued hearing.
Mr. Brown made a motion, seconded by Mr. Pirritano to continue the Public Hearing to July 28, 2008, at 6:00 p.m.
Vote on the motion: All yes. The motion carried.

VII. AGENDA ITEMS:

1. Subdivision Plans:

a. Martin Gross/Bath Fitters, 550 Financial Way – Sign Variance:
Chapter 19, Section 105.3, Height of Sign
Mr. Waller explained that the Bath Fitters sign and the Bruster’s sign were the same height and each blocked the other from the north and south bound lanes of I-83. He advised that Bath Fitters were requesting that they be permitted to raise their sign from 35’ to 43’.
Mr. Brown made a motion to approve the variance from Chapter 19, Section 105.3, Sign Height from 35’ to 43’.
Vote on the motion: All yes. The variance was approved.

b. Time Extension Requests

Honeysuckle Estates II, Harkins Court August 25, 2008
Fieldbrooke, Beinhower Road September 29, 2008
Grace Baptist Church, Wyndamere Road September 29, 2008
Hutton Commons, Beinhower Road September 29, 2008
Deerfield, Old Stage Road September 29, 2008

Mr. Brown made a motion, seconded by Mr. Albert to approve the time extension requests for Honeysuckle Estates II to August 25, 2008 and Fieldbrooke, Grace Baptist Church, Hutton Commons and Deerfield to September 29, 2008.
Vote on the motion: All yes. The motion carried.

2. Exemption Request, Well Isolation Distance – J. Conrad, 825 Old Forge Road

Mr. Albert made a motion, seconded by Mr. Brown, to grant the exemption request for well isolation distance from 100 feet to 97 feet.
Vote on the motion: All yes. The motion carried.

3. Ratify Emergency Purchases, Green Lane Park Sink Hole:

Mr. Pirritano made a motion, seconded by Mr. Brown to ratify the emergency purchases for the repair of the sink hole in Green Lane Park.
Vote on the motion: All yes. The motion carried.

4. Ratify Bid Award, Equipment Lease:

Mr. Pirritano made a motion, seconded by Mr. Brown to ratify the bid award for Equipment Lease to Pennsy Supply in the amount of $19,400.00.
Vote on the motion: All yes. The motion carried.

5. Ratify Bid Award, Paving at Township Building and Roof Park:

Mr. Pirritano made a motion seconded by Mr. Brown to ratify the bid award for paving work to Pennsy Supply in the amount of $55,535.20.
Vote on the motion: All yes. The motion carried.

6. Ratify Resolution No. 2008-7, DCED Grant Application – Comprehensive Plan:

Mr. Pirritano made a motion seconded by Mr. Albert to ratify Resolution No. 2008-7.
Roll Call Vote: Mr. Albert, yes; Mr. Pirritano, yes; Mr. Brown, yes. The motion carried.

7. Adopt Resolution No. 2008-8, Tuition Reimbursement – Vincent Trivarelli:

Mr. Pirritano made a motion, seconded by Mr. Brown to adopt Resolution No. 2008-8.
Roll Call Vote: Mr. Albert, yes; Mr. Pirritano, yes; Mr. Brown, yes. The motion carried.

8. Adopt Ordinance No. 2008-4 – Establish Speed Limit and Weight Restrictions:

Mr. Pirritano made a motion, seconded by Mr. Brown to adopt Ordinance No. 2008-4, establishing speed limits for Pleasant View Road and weight restrictions for Grandview Circle.
Roll Call Vote: Mr. Pirritano, yes; Mr. Brown, yes; Mr. Albert, yes. The motion carried.

9. Approve Sale of Surplus Property – Capital Area COG Auction:

Mr. Pirritano made a motion, seconded by Mr. Brown, to approve the sale of any and all surplus materials, property and vehicles at the Capital Area COG Auction on July 16, 2008.
Vote on the motion: All yes. The motion carried.

10. Adopt Resolution No. 2008-9, Designation of Ordinance Enforcement Officers:

Mr. Brown made a motion, seconded by Mr. Pirritano to adopt Resolution No. 2008-9 designating Stephen F. Smith, Stephen M. Waller, Michael H. Fleming and Paul J. Rodrigo, III, as Ordinance Enforcement Officers.
Roll Call Vote: Mr. Pirritano, yes; Mr. Brown, yes; Mr. Albert, yes. The motion carried.

11. Authorize Disposal of Flow Meters:

Mr. Brown made a motion, seconded by Mr. Pirritano, to authorize the trade-in of four flow meters toward the purchase of four new flow meters on State contract.
Vote on the motion: All yes. The motion carried.

12. Award Bids, Street Paving Contracts:

Mr. Pirritano made a motion seconded by Mr. Brown, to award the bids for paving work, per Mr. Fleming’s recommendation as follows:
Pennsy Supply, in the amount of $288,198.75 for paving various roads.
Stewart & Tate, in the amount of $34,038.00 for Micro-surfacing of various road.
Vote on the motion: All yes. The motion carried.

13. Award Bid, Reroofing – Headworks Building, WWTP-South:

Mr. Brown made a motion, seconded by Mr. Pirritano to award the bid for reroofing of the headworks building, per Mr. Smith’s recommendation to Miller and Norford in the amount of $84,000.00.
Vote on the motion: All yes. The motion carried.

14. Proposed Amendment to Commercial Highway Zone:

Mr. Waller explained the request proposed by Alpha Engineering. Mr. John Murphy advised that their intent was to have a more mixed use in the Commercial Highway Zone.
Mr. Albert made a motion, seconded by Mr. Pirritano to forward the request to the Fairview Township and York County Planning Commissions.
Vote on the motion: All yes. The motion carried.

15. Permission to Hold Rock Concert – Jackson’s Junction, Lewisberry Road:

Mr. Don Barbaro, owner of Jackson’s Junction, explained that the concert was proposed for Saturday, July 26th from 1:00 pm to 11:00 pm and would consist of live bands performing continuously from a stage at the rear of the courtyard. They expect 200 – 500 people to attend and have made provisions for the extra parking. Mr. George Yohe, 711 Lewisberry Road and Mrs. Gail Luckenbaugh, 725 Lewisberry Road, who live directly across Lewisberry Road, both voiced their strenuous objections to the event citing excessive noise and traffic concerns. Mr. Barbaro explained that this event is a fund raiser for the Brad Landis Foundation to benefit underprivileged children interested in BMX bicycle riding.
Mr. Brown made a motion, seconded by Mr. Pirritano to deny the request.
Vote on the motion: All yes. The motion carried.

16. Authorize Traffic Study – Right In/Right Out, Gaumer Road:

Mr. Brown made a motion, seconded by Mr. Pirritano to authorize a traffic study for Right In/Right Out access to Lewisberry Road from Gaumer Road.
Vote on the motion: All yes. The motion carried.

17. Authorize Study and/or Approve Discharge of Stormwater from Fairview Summit Business Center to Township Property:

Mr. Pirritano made a motion, seconded by Mr. Brown to approve the discharge of stormwater, by agreement, from the Fairview Summit Business Park to Township property on the opposite side of Lewisberry Road (SR0114).
Vote on the motion: All yes. The motion carried.

18. Public Works Department – 10 Hour Day/4 Day Work Week:

Mr. Smith advised that in order to save fuel costs for both the Township and the employees, it is proposed that the Public Works Department go to a 4 day work week, on an experimental basis, from July through October. The Highway Department would work Monday through Thursday and the Wastewater Department would work Tuesday through Friday, from 6:00 a.m. to 4:30 p.m.
Mr. Albert made a motion, seconded by Mr. Pirritano, to approve the 10 hour/4day work week for the Public Works Department.
Vote on the motion: All yes. The motion carried.

19. Authorize Staff to Award Contract – Guide Rail, Bid Opening of July 15, 2008:

Mr. Brown made a motion, seconded by Mr. Pirritano, to authorize staff to award the bid for installation of Guide Rail, subject to ratification at the July 28, 2008 meeting.
Vote on the motion: All yes. The motion carried.

20. 2009 Township Budget:

a. Meeting Schedule: Mr. Smith asked the Board members to provide dates in September to schedule Budget Workshop Meetings. This will be addressed at the July meeting.

b. Green Lane Farms: Mr. Fleming advised that there is considerable maintenance work needed in Green lane Farms – paving, storm sewers and sanitary sewers. He recommends dividing the Farms into three areas and scheduling the needed maintenance over three years beginning with the 2009 budget.

21. Zoning Hearings, July 2008:

The Board had no comment on the scheduled hearings.

VIII. OLD BUSINESS:

1. Cedar View Estates:

Mr. Waller stated that at the October 29, 2007 meeting, the Board denied modification requests for Cartway Improvements; however, according to the developer’s engineer, Hoover Engineering, PennDOT does not want the road widened at the entrance to the subdivision on Cedars Road. The developer is requesting that the Board reconsider their decision denying the modification requests and give conditional approval of the Preliminary Plan to meet PennDOT design criteria.
Mr. Albert made a motion, seconded by Mr. Pirritano to rescind the action taken on October 29, 2007, that denied the modification requests from 602.1G, 602.2A and 602.2C, Cartway Improvements.
Vote on the motion: Mr. Albert, yes; Mr. Pirritano, yes; Mr. Brown, no. The motion carried.
Mr. Pirritano made a motion, seconded by Mr. Albert to approve the modification requests from 602.1G, 602.2A and 602.2C.
Vote on the motion: Mr. Albert, yes; Mr. Pirritano, yes; Mr. Brown, no. The motion carried.
Mr. Pirritano made a motion, seconded by Mr. Brown to approve the Preliminary Plan for Cedar View Estates, conditioned on meeting PennDOT’s written and verified design criteria.
Vote on the motion: All yes. The motion carried.

IX. NEW BUSINESS:

There was no new business discussed.

X. APPROVAL OF MINUTES – May 19, 2008

Mr. Brown made a motion, seconded by Mr. Albert to approve the Minutes of the May 19, 2008, meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

XI. RATIFICATION OF BILLS PAYABLE:

Mr. Pirritano made a motion, seconded by Mr. Brown to ratify payment to Factory Supply Company.
Vote on the motion: Mr. Pirritano, yes; Mr. Brown, yes; Mr. Albert abstained as he owns the building where the business is located. The motion carried.

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

XII. ANNOUNCE EXECUTIVE SESSION:

Mr. Albert advised that the Board will hold an Executive Session following this meeting.

XIII. ADJOURNMENT:

The meeting was adjourned at 8:55 p.m.