2009-08-31, Board of Supervisors Meeting

2009-08-31

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
August 31, 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
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

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: legal issues with regard to a certain sewer project, legal issues with regard to discounts on road improvements, the Floodplain Ordinance, and enforcement proceedings against a junkyard facility.

IV. RECOGNITION OF PUBLIC:

Mr. Randy Bucher, 503 Slaseman Drive, discussed the noise from a generator being run by the person in the next mobile home. He was advised that using a generator for electric supply is not a violation of codes or the Police Dept.

V. AGENDA ITEMS:

1. Authorize Solicitor to Prepare Documents for Paving Thorley Road and Assessing All Abutting Property Owners for Total Cost of Same:

Mr. Albert discussed the petition received from the residents of Thorley Road demanding corrective action to the surface treatment recently done on Thorley Road. He advised that he drove the length of the road and found it to smooth. Mr. Brown indicated he had done the same and concurred with Mr. Albert. Mr. Albert explained that the road could be paved at the property owners’ expense. None of the petitioners were present in the audience. No formal action was taken.

2. Subdivision Plans:

A. Modification Request – 425 Yocumtown Road:

602.2.C – Cartway Improvements

Chris Hoover, applicant’s engineer, explained that the two lots are being created for conveyance to family members. They propose to pay a fee in lieu in the amount of $16,000 at the time driveway permits are issued, or show the improvements on the plan, provide a letter of credit or bond in the amount of $22,566.50 to guarantee the work is done.
Mr. Albert made a motion, seconded by Mr. Brown to approve the modification request from 60202.C, Cartway Improvements, contingent upon the improvements being shown on the plan; a letter or credit or bond in the amount of $22,566.50, with an escalator clause of 10% per year for three (3) years; and a note on the plan specifying that if there is any further subdivision all lot frontage will be subject to cartway improvements.
Vote on the motion: All yes. The motion carried.

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
August 31, 2009
Page -2-

B. Final Subdivision Plan – 425 Yocumtown Road:

Mr. Mickle made a motion, seconded by Mr. Brown to approve the final subdivision plan for 425 Yocumtown Road, contingent upon the improvements being shown on the plan; appropriate bonding; submittal of signed and notarized plans; payment of all engineer’s review fees; compliance with the engineer’s letter dated May 28, 2009; and a note on the plan specifying that if there is any further subdivision all lot frontage will be subject to cartway improvements.
Vote on the motion: All yes. The motion carried.

C. Time Extension Request – 425 Yocumtown Road:

No time extension needed, as plan was approved above.

D. Modification Request – Lots 43 & 44, Olde Forge Crossing:

402.1.R – Existing/Proposed Contours:

Mr. Pirritano made a motion, seconded by Mr. Minito to approve the modification request from 402.1.R .
Vote on the motion: All yes. The motion carried.

E. Final Re-Subdivision Plan – Lots 43 & 44, Olde Forge Crossing:

Mr. Mickle made a motion, seconded by Mr. Brown to approve the final re-subdivision plan for lots 43 & 44, Olde Forge Crossing, contingent upon submittal of signed and notarized plans; payment of all engineer’s review fees; and compliance with the engineer’s letter dated July 29, 2009.
Vote on the motion: All yes. The motion carried.

F. Modification Requests – Mikos Estate, Big Spring/Timber Roads:

Chris Hoover advised that the original four (4) lot plan submitted is to be revised to a two (2) lot plan. As this plan will have to go back to the Planning Commission, the Board deferred any action on the seven (7) modification requests until after Planning Commission review.

G. Bond Reduction Requests:

1. Rutter’s Sewer Bond

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

Mr. Mickle made a motion, seconded by Mr. Minito, to approve the bond reduction for Rutter’s sanitary sewer as recommended by the engineer.
Vote on the motion: All yes. The motion carried.

2. Best Western Hotel:

Current Bond 10% Conting. Reduction Amt Remaining Amt. $105,111.00 $9,555.00 $105,111.00 $0.00

Mr. Brown made a motion, seconded by Mr. Pirritano, to approve the bond reduction for the Best Western Hotel as recommended by the engineer.
Vote on the motion: All yes. The motion carried.

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
August 31, 2009
Page -3-

3. 600 Industrial Drive:

Current Bond 10% Conting. Reduction Amt Remaining Amt. $72,518.25 $70,518.25 $2,000.00 $0.00

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the bond reduction for 600 Industrial Drive as recommended by the engineer.
Vote on the motion: All yes. The motion carried.

3. Request for Funding – Northeastern Senior Center:

Mr. Smith explained the request for funding due to the fact that Northeastern Center delivers all the Meals on Wheels to Fairview residents, as the Red Land Senior Center does not deliver meals. He advised that donations to both centers will be looked at for the 2010 budget. Jane Deamer, representing the Northeastern Senior Center provided the Board with statistics for the last year showing that 27% of their delivered meals are to Fairview residents.
Mr. Brown made a motion, seconded by Mr. Mickle directing Mr. Smith to include the Northeastern Center in the 2010 budget preparation, and also try to provide a current donation.
Vote on the motion: All yes. The motion carried.

4. Request for Funding – York County Quick Response Team:

Chief Dugan advised that the Police Department supports the team as much as necessary.
Mr. Mickle made a motion, seconded by Mr. Brown to provide no additional funding.
Vote on the motion: All yes. The motion carried.

5. Authorize Special Fire Police Assistance – Dillsburg Borough:

Mr. Mickle made a motion, seconded by Mr. Minito to authorize Fire Police assistance to Dillsburg Borough, when requested for special events.
Vote on the motion: All yes. The motion carried.

6. Request for Permission to Barricade a Portion of Dorwart Circle:

Mr. Minito made a motion, seconded by Mr. Brown to approve the request to barricade a portion of Dorwart Circle to all but local traffic for a Neighborhood Block Party on September 26, 2009.
Vote on the motion: All yes. The motion carried.

7. Resolution No. 2009-14, Recognize the Fairmont Resident Council as a Civic/Service Organization:

Mr. Smith explained that this Resolution was required by the County in order for the Fairmont to obtain a Bingo license.
Mr. Brown made a motion, seconded by Mr. Pirritano to adopt Resolution No. 2009-14, recognizing the Fairmont Resident Council as a Civic/Service Organization.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

8. Resolution No. 2009-15, Minimum Municipal Obligation (MMO) – Pension Plans:

Mr. Mickle made a motion, seconded by Mr. Brown to adopt Resolution No. 2009-15, designating the 2010 MMO for the Police and Non-Uniform Pension Plans.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
August 31, 2009
Page -4-

9. Schedule Special Meeting:

Mr. Mickle made a motion, seconded by Mr. Brown to schedule a special meeting of the Board of Supervisors for Monday, September 10, 2009 at 10:00 a.m. for the purpose of budget review and adoption of Ordinance No. 2009-8, Floodplain Management.
Vote on the motion: All yes. The motion carried.

10. Zoning Hearings:

There was no comment.

VI. OLD BUSINESS:

1. Lenker Estates – Final Subdivision Plan:

Mr. Mickle made a motion, seconded by Mr. Brown, to approve the final subdivision plan for Lenker Estates, contingent upon signed and notarized plans; payment of engineer review fees; appropriate bonding; payment of recreation fees; and compliance with the Engineer’s letter dated August 28, 2009.
Vote on the motion: All yes. The motion carried.

2. Limekiln Bridge Repair:

Mr. Pirritano asked about the repair to the damaged roadway at the Limekiln Road Bridge. Mr. Smith advised that with the assistance of E.K. Services, the road was repaired and back in service at a cost of approximately $12,000 +/-.

3. Industrial Drive:

Mr. Fleming advised that the Industrial Drive paving project is to start tomorrow, September 1st.

4. Fishing Creek Road:

Mr. Pirritano stated that PennDOT did an excellent job paving Fishing Creek Road.

5. Energy Grant:

Mr. Smith advised that we will not be submitting an energy grant, as we could not recoup the expense involved in preparation and submittal.

6. H20 Grant:

Mr. Smith advised that the next round of H20 grants will be in August, 2010.

VII. NEW BUSINESS:

1. Mr. Mickle discussed the possibility of changing the zoning requirements in the New Market area. He said the area lends itself to small neighborhood businesses. Mr. Smith said that concept has been covered in the Comprehensive Plan to change the zoning in that area.

2. Chief Dugan advised the Board that Officer Andy Paul, along with a Newberry officer and an E.R. technician were instrumental in saving the life of a man who collapsed on his boat on the Susquehanna.

3. Mr. Fleming advised that it has been determined that the bridge on W. Front Street, across from Gross’s store in Lewisberry is our responsibility and needs immediate repairs. The road will have to be closed for 2-3 weeks for the concrete to cure.

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
August 31, 2009
Page -5-

4. Mr. Pirritano said that perhaps extra revenue could be realized by allowing contractors to dump at the Yard Waste Facility for a fee.

VIII. APPROVAL OF MINUTES – July 27, 2009:

Mr. Pirritano made a motion, seconded by Mr. Mickle to approve the minutes of the July 27, 2009 meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:

Mr. Albert made a motion, seconded by Mr. Mickle to ratify payment of all Bills Payable as listed.
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. Pirritano made a motion, seconded by Mr. Brown to adjourn the meeting
Vote on the motion: All yes. The meeting was adjourned at 8:38 p.m.