2010-05-24, Board of Supervisors Meeting

2010-05-24

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
May 24, 2010
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Chairman, Mr. Albert, at 7:00 P.M.

II. ROLL CALL:

PRESENT: Perry Albert, Chairman
John W. Mickle, III, Vice Chairman
William C. Brown, Supervisor
Mario D. Pirritano, Supervisor
John C. Minito, Supervisor
Stephen F. Smith, Manager
Donald F. Martin, Assistant Manager
Stephen M. Waller, Code Administration Director
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 tonight’s meeting to discuss Act 537 plan, distribution of sanitary sewer north and south of the Turnpike, and MS-4 compliance.
Mr. Albert advised that an executive session was held on May 14th to discuss a police personnel matter.

IV. RECOGNITION OF PUBLIC:

Michael Martin, DCM Developers asked the Board for a waiver from street slope requirements in Olde Forge Crossing. He was advised that the Township Engineer would meet with him on-site and report back to the Board. Mr. Waller also advised Mr. Martin to submit a formal written request the waiver.

V. AGENDA ITEMS:

1. Subdivision Plans:

A. Final Subdivision Plan – 503 Brenneman Drive:

Mr. Pirritano made a motion, seconded by Mr. Minito to approve the final subdivision plan for 503 Brenneman Drive, contingent upon submittal of signed and notarized plans; payment of recording fees; payment of all engineer review fees; and compliance with the Township Staff letter dated March 2, 2010.
Vote on the motion: All yes. The motion carried.

B. Final Subdivision Plan – 497 Big Spring Road:

Mr. Brown made a motion, seconded by Mr. Mickle to approve the final subdivision plan for 497 Big Spring Road, contingent upon submittal of signed and notarized plans; payment of recording fees; payment of all engineer review fees; and compliance with the ARRO Engineering letter dated January 12, 2010.
Vote on the motion: All yes. The motion carried.

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May 24, 2010
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C. Modification Request, Driveway Requirements – 624 Robins Lane:

Mr. Brett Himmelwright, owner of the property, explained that he wanted a second driveway to be used only as an exit for his large RV and trailer. Mr. Waller advised that there was not enough separation distance between the two driveways. He also said that the first driveway, as well as an installed street light encroached on the snow easement. Mr. Neil Barr, representing the builder and developer, said he felt it would be no problem to move the snow easement away from the street light and will submit a modification request for same. Mr. Himmelwright said that he would be willing to install an electric gate with remote control access to prevent anyone but him from using the second driveway. Board members said they would want a deed restriction preventing any future owner of the property from taking down the gate. Mr. Himmelwright agreed.
Mr. Tilley advised that all documentation including gate plans, deed restrictions and modification of the snow easement should be submitted for staff and solicitor’s review prior to the June meeting.
Mr. Mickle made a motion, seconded by Mr. Minito to table action on this request to the meeting of June 28, 2010.
Vote on the motion: All yes. The motion carried.

D. Bond Reduction Request – Lenker Estates:

Current Bond 10% Contingency Reduction Remaining Amt.
$112,330.95 $30,256.95 $15,750.00 $96,581.95

Mr. Minito made a motion, seconded by Mr. Mickle to approve the bond reduction request Lenker Estates as recommended by ARRO Engineering.
Vote on the motion: All yes. The motion carried.

2. Resolution No. 2010-5 – Amend Fee Schedule:

Mr. Brown made a motion, seconded by Mr. Minito to adopt Resolution No. 2010-5, amending the Township’s fee schedule to correct errors in the last fee revision.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

3. Agreement – York County Quick Response Team:

Chief Dugan explained that the existing agreement has been revised under the jurisdiction of the new County District Attorney.
Mr. Mickle made a motion, seconded by Mr. Brown authorizing the Chairman to sign the agreement with the York County Quick Response Team.
Vote on the motion: All yes. The motion carried.

4. Execute Contract, York County Community Development Block Grant – New Market Sanitary Sewer Improvements:

Mr. Brown made a motion, seconded by Mr. Minito, authorizing the Chairmen to sign the contract with York County for a Community Development Block Grant for the New Market Sanitary Sewer improvements.
Vote on the motion: All yes. The motion carried.

5. Zoning Hearings:

There was no comment on the scheduled hearings.

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May 24, 2010
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VI. OLD BUSINESS:

There was no old business discussed.

VII. NEW BUSINESS:

1. Mr. Albert made a motion, seconded by Mr. Mickle to retain Alex Chiaruttini and David Jones, of Stock & Leader, to file an appeal of DEP’s Act 537 requirements and related matters on behalf of the Township.
Vote on the motion: All yes. The motion carried.

2. Mr. Pirritano made a motion, seconded by Mr. Mickle to rescind disciplinary action taken at a previous meeting on March 29, 2010 and to allow that police officer to hold a second job.
Vote on the motion: All yes. The motion carried.

VIII. APPROVAL OF MINUTES – April 26, 2010:

Mr. Minito made a motion, seconded by Mr. Pirritano to approve the minutes of the April 26, 2010 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. Brown to ratify payment of all Bills Payable as presented.
Vote on the motion: All yes. The motion carried.

X. ANNOUNCE EXECUTIVE SESSION:

Mr. Albert advised that there will not be an Executive Session following this meeting.

XI. ADJOURNMENT:

Mr. Pirritano made a motion, seconded by Mr. Mickle to adjourn the meeting
Vote on the motion: All yes. The meeting was adjourned at 7:45 p.m.