2009-03-30, Board of Supervisors Meeting

2009-03-30

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
March 30, 2009
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 7:08 P.M.

II. ROLL CALL:

PRESENT: Perry Albert, Chairman
John W. Mickle, III, Vice Chairman
John C. Minito, Supervisor
Mario D. Pirritano, Supervisor
Stephen F. Smith, Manager
Stephen M. Waller, Code Administration Director
Edward A. Stalnecker, ARRO, Engineer
Walter A. Tilley, III, Stock & Leader, Solicitor
Bernard G. Dugan, Chief of Police
Donna L. Nissel, Secretary

ABSENT: William C. Brown, Supervisor

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Tilley advised that an Executive Session was held prior to this meeting to discuss applications for federal and state grants for law enforcement uses.

IV. RECOGNITION OF PUBLIC:

Mr. Albert acknowledged the presence of Boy Scout Troop 312.
Nancy Mays, Nissel Lane, addressed the Board concerning the survey she had provided to them as a part of her college classes.
Michael Thompson asked the status of the Bolger property. Mr. Waller advised that there is an ongoing legal aspect to the matter. Mr. Albert said he will look into it and get back to Mr. Thompson.

V. AGENDA ITEMS:

1. Subdivision Plans:

a. Fairview Summit Business Center:

Mr. Stalnecker said he has not had a chance to review the revised plans which were recently submitted. Craig Mellott, the developer’s engineer, explained the plan in more detail including road widening and traffic signals, and requested that the Board sign the traffic signal application for submission to PennDOT. There was discussion on realignment of the Fire Department entrance, the retaining wall on Fire Department property, the adjacent Credit Union property, PA American Water Company, etc. Mr. Mickle asked if the Township would be committed to the signal if we signed the application. Mr. Tilley advised that we would not be committed at that point. Mr. Minito felt that as the plan will have to be resubmitted to the Planning Commission, the Board should wait to sign anything until it goes through the process. The developer indicated that he felt the issues could all be resolved by the April meeting. The Board took no action on the plan.

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b. Gaumer Road Construction Work Schedule – Rutters:

Neil Metzger, LSC Designs, explained that additional sewer work was necessary, as the sewer line had to be redesigned. The contractor was present and told the Board that he expected construction to take approximately 2 to 3 days, beginning next Monday, April 6th. One lane will be open and passable at all times and ne will provide notices to all property owners on Gaumer Road.

c. Septic Request – 1164 Pinetown Road:

Mr. Waller advised that the property currently has a holding tank due to a stormwater easement that was indicated on the approved subdivision plan where the septic system is to be installed. Approval of the Wolfe Ridge Estates plan, to the rear of this property, would remove the stormwater easement and allow for the septic system to be installed. There has been a delay in the Wolfe Ridge plan approval (PennDOT and York Co. Conservation) and the holding tank system is now failing.
Mr. Pirritano made a motion, seconded by Mr. Minito to allow the septic system to be installed prior to the plan being acted on and recorded.
Vote on the motion: All yes. The motion carried.

d. Modification Requests:

1. Bonnie Plants – Limekiln Road:

a. 303 – Preliminary Plan
b. 602.2.A & 602.2.C – Cartway Improvements
Mr. Pirritano made a motion, seconded by Mr. Minito to approve the modification requests as listed above.
Vote on the motion: All yes. The motion carried.

c. 611.3 – Concrete Monuments
Mr. Minito made a motion, seconded by Mr. Pirritano to deny the modification request for 611.3, Concrete Monuments.
Vote on the motion: Mr. Mickle, no; all others, yes. The motion carried.

2. Diocesan Publications – Limekiln Road:

a. 402.1 – Original Property Description
b. 403.2.D & 701.6 – Stormwater Management
c. 602.1.G – Cartway Improvements
d. 606.3.C.1 – Driveway Separation

Mr. Mickle made a motion, seconded by Mr. Minito to approve the modification requests as listed above.
Vote on the motion: All yes. The motion carried.

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e. Preliminary/Final Land Development Plan – Bonnie Plants,
Limekiln Road:

Mr. Pirritano made a motion, seconded by Mr. Minito to approve the Preliminary/Final Land Development Plan for Bonnie Plants contingent upon the action on the modification requests above, noting that the request for modification of Concrete Monuments was denied; signed and notarized plans; payment of engineer review fees; and compliance with the Engineer’s letter dated March 25, 2009.
Vote on the motion: All yes. The motion carried.

f. Final Minor Land Development Plan – Diocesan Publication:

Mr. Waller advised that this plan is not ready for action.

g. Time Extension Requests:

Fieldbrooke – Beinhower Road June 29, 2009
Honeysuckle Estates, Ph. 2 – Old Quaker Road June 29, 2009
Acme Trailer Works – Ross Avenue May 18, 2009

Mr. Minito made a motion, seconded by Mr. Pirritano to approve the three time extensions as listed above.
Vote on the motion: Mr. Mickle abstained as he owns Acme Trailer Works; all others, yes. The motion carried.

2. Presentation – Red Land Senior Center:

Jen Vaughn, Director of the Senior Center, reported to the Board on the activities and programs available to senior citizens and advised that a large percentage of their clients are Fairview residents. She expressed their appreciation for the Board’s financial support in the past and asked them to consider additional funding for 2009. The Board indicated that they will take it into consideration.

3. Closure of Portion of Big Spring Road:

Mr. Fleming reviewed the history of this project and advised that he is at an impasse with one of the property owners who does not want the closure.
Mr. Minito made a motion, seconded by Mr. Mickle to proceed with the vacation of Big Spring Road from the Constine property to the Greenawalt property at Valley Road.
Vote on the motion: All yes. The motion carried.

4. Amendment – Pre-Employment Policy:

Mr. Mickle made a motion, seconded by Mr. Pirritano to approve amending the pre-employment policy to include a credit check.
Vote on the motion: All yes. The motion carried.

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5. Ordinance No. 2009-3, Speed Limit – Stetler Road:

Mr. Pirritano made a motion, seconded by Mr. Minito to adopt Ordinance No. 2009-3, establishing the speed limit on Stetler Road at 30 mph.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Ordinance was adopted.

6. Ordinance No. 2009-4, Rename Martin Lane (T-954) to Shawnee Court:

Mr. Minito made a motion, seconded by Mr. Brown to adopt Ordinance No. 2009-4, renaming Martin Lane to Shawnee Court.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Ordinance was adopted.

7. Resolution No. 2009-5, Traffic Signal Permit – Old York, Valley & Wyndamere Roads:

Mr. Minito made a motion, seconded by Mr. Mickle to adopt Resolution No. 2009-5, authorizing the installation of traffic signals at the intersection of Old York, Valley and Wyndamere Roads.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

8. Ratify Participation – COG/Comcast Cable Franchise Renewal:

Mr. Albert explained the renewal process and cost for same.
Mr. Pirritano made a motion, seconded by Mr. Minito to ratify Fairview Township’s participation in the COG/Comcast franchise renewal.
Vote on the motion: All yes. The motion carried.

9. Permanent Status – Michelle R. Holt, Billing Clerk:

Mr. Pirritano made a motion, seconded by Mr. Minito, to grant permanent status to Michelle R. Holt, effective on her 6 month anniversary date of March 7, 2009.
Vote on the motion: All yes. The motion carried.

10. Authorization to Hire – Building Inspector:

Mr. Albert made a motion, seconded by Mr. Minito, authorizing the hire of a Building Inspector, with ratification at the April Meeting.
Vote on the motion: All yes. The motion carried.

11. Award Bid – Uniform Service:

Mr. Mickle made a motion, seconded by Mr. Minito to award the bid for Uniform service for the Public Works Department to UniFirst Corp.
Vote on the motion: All yes. The motion carried.

12. Award Bid – Transfer of Liquid Waste:

Mr. Mickle made a motion, seconded by Mr. Minito to award the bid for the transfer and hauling of liquid waste and wet well cleaning to Kline’s Services.
Vote on the motion: All yes. The motion carried.

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13. Award Bid – Rental of Chemical Toilets:

Mr. Mickle made a motion, seconded by Mr. Minito to award the bid for the rental of chemical toilets for the Township’s parks to Walters Services.
Vote on the motion: All yes. The motion carried.

14. Award Bid – Highland Drive Culvert Replacement:

Mr. Mickle made a motion, seconded by Mr. Minito to award the bid for the Highland Drive culvert replacement to Bertolet Construction Co.
Vote on the motion: All yes. The motion carried.

15. Resolution No. 2009-6, Amend Fee Schedule:

Mr. Minito made a motion, seconded by Mr. Mickle to adopt Resolution No. 2009-6, reducing the reserved field use fee to $25/day.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

16. Financing Options – Lower Allen Township Authority Improvements:

Mr. Mickle made a motion, seconded by Mr. Minito to finance Fairview’s portion of the improvement costs with a 10 year bank loan.
Vote on the motion: All yes. The motion carried.

17. Approve 5-Year Road Plan:

Mr. Smith and Mr. Fleming reviewed the plan and Mr. Smith indicated that the cable franchise monies would be dedicated for this use for the next 5 years.

Mr. Minito made a motion, seconded by Mr. Mickle to approve the 5-year road plan as presented.
Vote on the motion: All yes. The motion carried.

18. Zoning Hearings:

There was no comment on the scheduled hearings.

VI. OLD BUSINESS:

There was no old business discussed.

VII. NEW BUSINESS:

1. Final Land Development Plan – WSSD/Red Land High School:

Mr. Mickle made a motion, seconded by Mr. Minito to approve the Final Land Development Plan for the West Shore School District/Red Land High School contingent upon compliance with the Engineer’s letters dated February 26, 2009 and March 27, 2009.
Vote on the motion: All yes. The motion carried.

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2. Grant Funding, Police Department:

Chief Dugan advised the Board of several grants available to law enforcement agencies and requested the Board’s approval to proceed with the grant applications.

a. Mr. Mickle made a motion, seconded by Mr. Minito authorizing the Chief to proceed with the application for the JAG (Justice Assistance Grant) which is being coordinated by York County and an MOU and authorizing the Chief, Manager or Chairman, to execute these documents as required.
Vote on the motion: All yes. The motion carried.

b. Mr. Minito made a motion, seconded by Mr. Mickle authorizing the Chief to proceed with the application for the COPS Grant to obtain a School Resource Officer (SRO) working with the School District as needed and an MOU and authorizing the Chief, Manager or Chairman, to execute these documents as required.
Vote on the motion: All yes. The motion carried.

c. Mr. Pirritano made a motion, seconded by Mr. Minito authorizing the Chief to pursue and apply for any other available grants that must be submitted before the regular May Board meeting.
Vote on the motion: All yes. The motion carried.

3. Metzler Hangar Plan – Ross Avenue:

Mr. Waller advised that no time extension request was received for this plan, which expires tomorrow, March 31, 2009, and they have not complied with the Engineer’s letter of July 31, 2008 which contains 29 comments which have not been addressed. Mr. Waller read the comments contained in the Engineer’s letter (copy attached as part of the permanent record).
Mr. Mickle made a motion, seconded by Mr. Minito to deny the plan based on Mr. Waller’s recommendation and non-compliance with the Engineer’s letter.
Vote on the motion: All yes. The motion carried.

4. Sanitary Sewer System – Fairfield:

Mr. Pirritano made a motion, seconded by Mr. Mickle authorizing the Manger to send a letter to the Fairfield Homeowner’s Association advising them that a portion of the sanitary sewer system in the development was not accepted by the Township and all maintenance and repairs to that portion will be the responsibility of the Association.
Vote on the motion: All yes. The motion carried.

VIII. APPROVAL OF MINUTES – February 23, 2009:

Mr. Pirritano made a motion, seconded by Mr. Mickle to approve the minutes of the February 23, 2009 meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

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IX. RATIFICATION OF BILLS PAYABLE:

Mr. Mickle made a motion, seconded by Mr. Minito to ratify payment to Factory Supply.
Vote on the motion: Mr. Albert abstained as he owns the building in which the business is located; all others, yes. The motion carried.
Mr. Albert made a motion, seconded by Mr. Minito to ratify payment of all other Bills Payable as presented.
Vote on the motion: All yes. The motion carried.

X. ANNOUNCE EXECUTIVE SESSION:

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

XI. ADJOURNMENT:

Mr. Mickle made a motion, seconded by Mr. Minito to adjourn the meeting
Vote on the motion: All yes. The meeting was adjourned at 9:20 p.m.