2009-06-29, Board of Supervisors Meeting

2009-06-29

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
June 29, 2009
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 7:03 P.M.

II. ROLL CALL:

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

ABSENT: Stephen M. Waller, Code Administration Director

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Tilley advised that an Executive Session was held prior to this meeting and provided a summary of the subjects discussed (attached).

IV. PUBLIC HEARING – VACATING A PORTION OF BIG SPRING ROAD:

Mr. Albert convened the public hearing and advised that it had been duly advertised.
Mr. Jeff Greenawalt, 269 Valley Road, questioned the placement of swales, timing of the project, planting of vegetation, etc. Mr. Fleming explained the scope of the project to Mr. Greenawalt’s satisfaction. Roger Zimmerman, 255 Valley Road, asked about property lines and responsibilities. Mr. Fleming advised that Mr. Greenawalt’s access driveway would be located on Mr. Zimmerman’s side of the centerline of the vacated road however maintenance will be Mr. Greenawalt’s responsibility.
There were no questions or comments from the Board members.

ADOPT ORDINANCE NO. 2009-5:

Mr. Brown made a motion, seconded by Mr. Pirritano to adopt Ordinance No. 2009-5, vacating a portion of Big Spring Road and renaming the remaining portion as Constine Court.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes.
The Ordinance was adopted.

This concluded the Public Hearing at 7:18 p.m.

V. RECOGNITION OF PUBLIC:

1. Scott Aikens, representing Grace Baptist Church, asked the Board to consider approving the plan of Grace Baptist Church, contingent upon receipt of outside agency approvals. The Board deferred this request to the end of the meeting under New Business.

VI. AGENDA ITEMS:

1. Presentation and Review, 2008 Audit – Jim Koontz, Brown Schultz Sheridan & Fritz:

Mr. Koontz provided a brief review of the audit report provided by his firm for all Township funds for the year ended 12/31/2008.

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2. Subdivision Plans:

A. Modification Requests – 425 Yocumtown Road:

1. 601.4 – Provide Sketch Plan
Mr. Mickle made a motion, seconded by Mr. Minito to approve the modification request from 601.4, Provide Sketch Plan.
Vote on the motion: All yes. The motion carried.

2. 602.2.C – Cartway Improvements
Chris Hoover, Engineer, explained that although the majority of this subdivision plan is located in Newberry Township, Lots 2 & 3 front on Fisher Road in Fairview Township, with an approximate frontage of 278’. Mrs. Lynn Yost, owner of the property, said it is their intent to deed these two lots to their children so they would realize no profit from a sale of the property. They are requesting a modification from 602.2.C, Cartway Improvements, contingent upon the establishment of appropriate fees for the required roadway improvements. Mr. Stalnecker advised that he could give no opinion as he had just been provided with the documentation this afternoon.
Mr. Minito made a motion, seconded by Mr. Pirritano to defer action on this request to the July 27th meeting.
Vote on the motion: All yes. The motion carried.

B. Final Subdivision Plan – 425 Yocumtown Road:

Mr. Mickle made a motion seconded by Mr. Brown to table action on the plan to the July 27th meeting.
Vote on the motion: All yes. The motion carried.

Mr. Mickle made a motion, seconded by Mr. Minito, to approve a time extension for the 425 Yocumtown Road plan to July 27, 2009.
Vote on the motion: All yes. The motion carried.

C. Bond Reduction Request – Rutter’s Sanitary Sewer:

Current Bond 10% Conting. Reduction Amt Remaining Amt. $81,763.00 $7,433.00 $74,330.00 $0.00

Mr. Stalnecker advised that Mr. Dettinger, the son of an adjacent property owner, has issues with drainage onto his property after the installation of Rutter’s sewer line. He advised that a meeting has been scheduled with Rutter’s, PennDOT, and Mr. Dettinger to discuss the problem.
Mr. Mickle made a motion, seconded by Mr. Minito to table the bond reduction request to the July 27th meeting, pending the outcome of the meeting.
Vote on the motion: All yes. The motion carried.

D. Time Extension Requests:

Fieldbrooke – Beinhower Road September 28, 2009
Fairfield Inn – Beacon Hill Blvd. December 7, 2009
Honeysuckle Estates – Harkins Court No request received

Mr. Mickle made a motion, seconded by Mr. Minito to approve the time extensions for Fieldbrooke and Fairfield Inn as listed above and defer action on Honeysuckle Estates until later in the meeting.
Vote on the motion: All yes. The motion carried.

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3. Authorization to Advertise Flood Plain Ordinance:

Mr. Mickle made a motion, seconded by Mr. Minito to authorize the advertisement of the Flood Plain Ordinance and forward same to the York County Planning Commission and DCED.
Vote on the motion: All yes. The motion carried.

4. Ratify Bid Award – Paving, Pleasant View Road:

Mr. Brown made a motion, seconded by Mr. Mickle to ratify the bid award for paving Pleasant View Road to Pennsy Supply in the amount of $192,745.40.
Vote on the motion: All yes. The motion carried.

5. Award Bid – Paving, Industrial Drive:

Mr. Brown made a motion, seconded by Mr. Minito to award the bid for paving Industrial Drive to Pennsy Supply in the amount of $158,239.20 contingent upon receipt and review of Payment & Performance Bonds and Workmen’s Compensation Affidavit.
Vote on the motion: All yes. The motion carried.

6. Award Bid – Seal Coat, Sheepford Road and Thorley Road:

Mr. Mickle made a motion, seconded by Mr. Pirritano to award the bid for seal coating on Sheepford Road and Thorley Road to Stewart & Tate In the amount of $23,468.25, contingent upon receipt and review of Payment & Performance Bonds and Workmen’s Compensation Affidavit.
Vote on the motion: Mr. Minito abstained as he lives on Thorley Road. All others, yes. The motion carried.

7. Authorize Staff to Issue a Notice of Intent to Award for Guide Rail in Various
Locations, Bid Opening 07/14/09:

Mr. Mickle made a motion, seconded by Mr. Brown to authorize staff to issue a Notice of Intent to Award to the apparent low bidder/lowest responsible bidder for guide rail in various locations, bid opening 07/14/09, with ratification at the July 27th meeting.
Vote on the motion: All yes. The motion carried.

8. Authorize Staff to Issue a Notice of Intent to Award for Pipe Lining, Stone Row Lane and Keystone Drive, Bid Opening of 07/14/09:

Mr. Pirritano made a motion, seconded by Mr. Minito to authorize staff to issue a Notice of Intent to Award to the apparent low bidder/lowest responsible bidder for pipe lining, Stone Row Lane and Keystone Drive, bid opening 07/14/09, with ratification at the July 27th meeting.
Vote on the motion: All yes. The motion carried.

9. 2009 Per Capita Tax Exoneration Requests:

Mr. Mickle made a motion, seconded by Mr. Brown to approve the 2009 per capita tax exoneration requests, as listed.
Vote on the motion: All yes. The motion carried.

10. Authorization to Advertise Ordinance, Amended Police Pension Plan:

Mr. Pirritano made a motion, seconded by Mr. Minito to authorize the advertisement of an Ordinance amending the Police Pension Plan.
Vote on the motion: All yes. The motion carried.

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11. Authorization to Advertise Ordinance, Amended Non-Uniform Pension Plan:

Mr. Pirritano made a motion, seconded by Mr. Minito to authorize the advertisement of an Ordinance amending the Non-Uniform Pension Plan.
Vote on the motion: All yes. The motion carried.

12. Resolution No. 2009-9, Approve Smoothing of the Police Pension Plan:

Mr. Brown made a motion, seconded by Mr. Mickle to adopt Resolution No. 2009-9, Smoothing of the Police Pension Plan.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Resolution was adopted.

13. Resolution No. 2009-10, Approve Smoothing of the Non-Uniform Pension Plan:

Mr. Minito made a motion, seconded by Mr. Mickle to adopt Resolution No. 2009-10, Smoothing of the Non-Uniform Pension Plan.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Resolution was adopted.

14. Resolution No. 2009-11, Approval of the Act 537 Sewage Facilities Plan Update:

Mr. Mickle made a motion, seconded by Mr. Brown to adopt Resolution No. 2009-11, approving the Act 537 Sewage Facilities Plan Update and authorizing submittal of same to the Pennsylvania Department of Environmental Protection.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Minito, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Resolution was adopted.

15. Permanent Status, Officer Pietro Picciurro and Officer Anthony Tereska:

Mr. Brown made a motion, seconded by Mr. Minito to grant permanent status to Officer Pietro Picciurro and Officer Anthony Tereska on the recommendation of Chief Dugan.
Vote on the motion: All yes. The motion carried.

16. Authorize the Sale of Surplus Township Equipment at CapCOG Sale:

Mr. Brown made a motion, seconded by Mr. Mickle to authorize the sale of surplus equipment as listed, except the radios if they can be traded in, at the July 15th CapCOG Sale.
Vote on the motion: All yes. The motion carried.

17. Zoning Hearings:

There was no comment on the scheduled hearings.

VII. OLD BUSINESS:

There was no old business discussed.

VIII. NEW BUSINESS:

1. Grace Baptist Church – Final Subdivision and Land Development Plan:

Mr. Aikens stated that his client is requesting the Board to approve this plan, contingent upon the York County Conservation District’s approval of their NPDES plan. Mr. Tilley advised that it has been the policy of the Board of Supervisors not to approve any plan until all outside agency approvals are received. This would constitute a policy change and set a precedent for all future plans.
Mr. Brown made a motion, seconded by Mr. Mickle to deny the request for plan approval.
Vote on the motion: All yes. The motion carried.

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2. Honeysuckle Estates, Ph. 2 – Preliminary Subdivision and Land Development Plan:

Mr. Stalnecker advised that no time extension request had been received and none of the comments contained in his letter of August 13, 2008 have been addressed. He read the following comments from that letter into the record.
1. Certifications of accuracy must be signed and sealed by the responsible professional. Certification of accuracy must be dated after the last plan revision. (22-402.1.L)
2. Certification of ownership and dedicatory statement must be signed and notarized by the owners. Certification of ownership and dedicatory statement must be dated after the last plan revision. (22-402.1.M)
3. For the existing driveway/access easement located on Lot 15, provide a copy of the agreement for review. (22-403.1.D)
4. Prior to final plan approval, the applicant must provide financial security in a form acceptable to the Township and in an amount to be estimated by the applicant and approved by the Engineer to insure construction of the improvements prior to final plan approval. (22-502)
5. The applicant shall pay a fee in lieu of dedication of park and recreational land. (22-613.2)
6. The change in the nature and volume of the stormwater discharge to the adjacent property (Kendall) requires the applicant document that adequate downstream facilities exist to safely transport the concentrated discharge, or otherwise prove that no erosion, sedimentation, flooding, or other impacts will result from the concentrated discharge. The adjacent property owner should grant a drainage easement for pond discharge or provide correspondence acknowledging acceptance of change in nature and volume of stormwater runoff from the proposed development. (22-701.1.F)
7. Onsite subsurface sewage disposal systems will require a permit(s) from the Township Sewage Enforcement Officer. (22-610.1.D.(1))
8. Provide evidence that proposed improvements (grading, public streets, stormwater conveyance facilities, etc.) within PPL right-of-way have been reviewed and approved by the utility company.
Mr. Mickle made a motion, seconded by Mr. Minito to deny the plan for non-compliance with the Engineer’s letter dated August 13, 2008 and no time extension request.
Vote on the motion: All yes. The motion carried.

3. Request to Waive a Portion of Sewer Charges:

Mr. Smith advised that a property owner has requested that the Board waive a portion of his very large delinquent sewer bill.
Mr. Minito made a motion, seconded by Mr. Mickle to not waive any portion of the bill.
Vote on the motion: All yes. The motion carried.

4. Charges for State Police Services:

Mr. Smith advised that there is currently a legislative bill being considered that would allow the State Police to bill municipalities that do not have their own police departments for State Police coverage.
Mr. Mickle made a motion, seconded by Mr. Brown to forward a letter to our legislators indicating the Township’s support of this bill.
Vote on the motion: All yes. The motion carried.

5. Green Lane Dam Removal:

Mr. Pirritano stated for the record that although it was inevitable, he regrets the action taken by the state in the removal of the Green Lane Dam. He also expressed great concern about the safety factor. The cliffs along the creek have been a jumping point for many years; with the removal of the dam, the water depth has decreased by 3-4 feet. He said the property owner has done all he can by erecting warning signs, however he is still seriously concerned about injuries.

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IX. APPROVAL OF MINUTES – May 18, 2009:

Mr. Mickle made a motion, seconded by Mr. Brown to approve the minutes of the May 18, 2009 meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

X. RATIFICATION OF BILLS PAYABLE:

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

XI. ANNOUNCE EXECUTIVE SESSION:

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

XII. ADJOURNMENT:

Mr. Mickle made a motion, seconded by Mr. Brown to adjourn the meeting
Vote on the motion: All yes. The meeting was adjourned at 8:35 p.m.