2008-07-28, Board of Supervisors Meeting

 

2008-07-28

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
July 28, 2008
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 6:05 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
Stephen F. Smith, Manager
Bernard C. Dugan, Chief of Police
Stephen M. Waller, Code Administration Director
Edward A. Stalnecker, ARRO, Engineer
Walter A. Tilley, III, Stock & Leader, Solicitor
Donna L. Nissel, Secretary

III. ANNOUNCEMENT OF EXECUTIVE SESSION:
Mr. Albert advised that an Executive Session was after the June 30, 2008 meeting to discuss legal issues pertaining to engineering matters.

IV. PUBLIC HEARING – CONTINUED FROM JUNE 30, 2008,
CONDITIONAL USE APPLICATION, CLUSTER DEVELOPMENT:

Mr. Tilley opened the hearing by advising the Board and audience of the specific procedures for conducting the hearing. Mr. Brown recused himself from discussion and vote as a member of the Board, as he is a resident impacted by the applicant’s plan. Mr. Tilley advised him that he could, however, ask questions and make comments as a private citizen. Mr. Waller gave a brief description of the application, which is for the R.F. Fager tract and would contain 92 lots. Mr. Tilley read the applicable sections of the Zoning Ordinance and Mr. John Murphy, the applicant’s engineer, explained the plan process. Mr. Murphy answered questions from the Board members and the public, after which comments were received from Board members and the public. The main concerns expressed appeared to be increased traffic, impact on wetlands and the water table, and the open spaces designated on the plan.
Mr. Minito made a motion, seconded by Mr. Albert to approve the conditional use application for a cluster development, contingent upon Open Space “D” being accessible to everyone, not just the lots that surround it.
Vote on the motion: Mr. Minito, yes; Mr. Albert, yes; Mr. Mickle, no; Mr. Pirritano, no. The motion was deemed denied by virtue of a tie vote. (A complete transcript of the hearing will be available at the Municipal Building.)
The hearing was closed at 7:15 p.m. after which the Board took a short recess.

The meeting was reconvened at 7:35 p.m.

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

VI. AGENDA ITEMS:

1. Subdivision Plans:

a. Deerfield, Old Stage Road – Preliminary Subdivision Plan:

Mr. Tilley advised that the developer needs easements from the adjoining Shope property for stormwater and site triangle. The Shopes have indicated that they will not grant any easements for any reason. Justin Koon, on behalf of the developer, indicated that he will provide revised plans showing stormwater management on site, and asked the Board for conditional approval. Mr. Stalnecker stated that he was hesitant to recommend approval without seeing a revised plan. Mr. Koon was directed to submit a revised plan addressing both the stormwater management and the site triangle for review by the Engineer.
Mr. Mickle made a motion, seconded by Mr. Pirritano to table the plan.
Vote on the motion: All yes. The motion carried.

b. Atlantic Tactical, Corporate Circle – Final Minor Land Development Plan:

Mr. Brown made a motion, seconded by Mr. Mickle to approve the plan contingent upon submittal of signed and notarized plans, payment of recreation fees and recording fees, payment of all engineer review fees and compliance with the Engineer’s report dated July 21, 2008.
Vote on the motion: All yes. The motion carried.

c. Text Amendments, Zoning Ordinance – Definitions and Cluster Development Requirements:

Mr. Waller advised that the text amendments have been reviewed and recommended for approval by the Township and County Planning Commissions.
Mr. Mickle made a motion, seconded by Mr. Minito to schedule a Public Hearing for September 29, 2008 at 6:00 p.m.
Vote on the motion: All yes. The motion carried.

d. Bond Reduction Request – Weatherstone:

Mr. Minito made a motion, seconded by Mr. Mickle to approve the reduction request in the amount of $339,320.00, with a remaining bond amount of $582,338.50, as recommended by the Township Engineer.
Vote on the motion: All yes. The motion carried.

e. Time Extension Requests:

Doe Run, Old York Road October 27, 2008
Pelleschi, Spruce Road October 27, 2008
Lowery, 619 Old York Road October 27, 2008
Shettle’s Run, School House Lane October 27, 2008
J. Rice, Old York Road October 27, 2008
Irish Meadows, Emily Lane October 27, 2008
Lenker Estates, Limekiln Road October 27, 2008
Postupak, Old York Road October 27, 2008
Noble Ventures, Marsh Run Road October 27, 2008
Silver Fox Estates, Highland Drive October 27, 2008
D. Van Dyke, Old York Road January 26, 2009

Mr. Mickle made a motion, seconded by Mr. Pirritano, to approve the eleven time extension requests as listed above.
Vote on the motion: All yes. The motion carried.

f. Modification Request, Hillside Café – Salem Road:

Mr. Waller reviewed the request from submission of a Land Development Plan. The applicant is planning to add an addition of 246 sq ft to the front on the existing building. Mr. Michael Martin, on behalf of the applicant, explained that the plan is to enclose an existing concrete slab at the entrance to the restaurant which will not change the impervious area already existing,, nor will it change the seating capacity of the restaurant.
Mr. Pirritano made a motion, seconded by Mr. Minito to approve the modification request.
Vote on the motion: All yes. The motion carried.

2. Notice of Retirement, Billing Clerk:

Mr. Mickle made a motion, seconded by Mr. Brown, to accept the Notice of Retirement from Glenda Mellinger, effective July 18, 2008, and to authorize hiring a replacement for this position with ratification of hire at the next meeting.
Vote on the motion: All yes. The motion carried.

3. Ratify Bid Award, Installation of Guide Rail:

Mr. Minito made a motion, seconded by Mr. Brown to ratify the bid award for Installation of Guide Rail to William Orr & Sons, in the amount of $77,779.00.
Vote on the motion: All yes. The motion carried.
4. Authorization to Bid, Sewer Line Repairs:

Mr. Brown made a motion, seconded by Mr. Mickle to authorize staff to advertise for bids for sewer line repairs at Limekiln Road & Beacon Hill Blvd., and the North Plant Outfall Line.
Vote on the motion: All yes. The motion carried.

5. Installation of Inspection Manholes, Commercial Properties:

Mr. Mickle made a motion seconded by Mr. Brown to require Flight Systems and West Shore School District to install inspection manholes in their sanitary sewer lines, pursuant to Township Ordinances, to provide access to test for improper substances being admitted to the Township’s sewer system.
Vote on the motion: All yes. The motion carried.

6. Surplus Property, COG Auction:

Mr. Smith advised that a list of items sold at the auction is not yet available. This will be reviewed at the next Board meeting.

7. Schedule 2009 Budget Workshop Meeting Dates:

Mr. Smith advised that he would like to schedule Budget Meetings on Monday, September 8 and Tuesday, September 16, 2008, both at 2:00 p.m. The Board members concurred.

8. Zoning Hearings, August 2008:

The Board had no comment on the scheduled hearings.

VII. OLD BUSINESS:

There was no old business.

VIII. NEW BUSINESS:

Mr. John Murphy, Alpha Engineering, requested that the Board schedule a Public Hearing for an amendment to the Commercial Highway Zone.
Mr. Mickle made a motion, seconded by Mr. Pirritano to schedule the Public Hearing for August 25, 2008, at 6:00 p.m.
Vote on the motion: All yes. The motion carried.

IX. APPROVAL OF MINUTES – June 30, 2008:

Mr. Pirritano made a motion, seconded by Mr. Minito to approve the Minutes of the June 30, 2008, meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

X. RATIFICATION OF BILLS PAYABLE:

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

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

XI. ANNOUNCE EXECUTIVE SESSION:

Mr. Smith requested that the Board hold an Executive Session following this meeting.

XII. ADJOURNMENT:

The meeting was adjourned at 8:09 p.m.