2010-06-28, Board of Supervisors Meeting

2010-06-28

I. CALL TO ORDER:
The meeting was called to order by the Vice-Chairman, Mr. Mickle, at 6:00 p.m.

II. ROLL CALL:

PRESENT: John W. Mickle, III, Vice Chairman
William C. Brown, Supervisor
Mario D. Pirritano, 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

ABSENT: Perry Albert, Chairman
John C. Minito, Supervisor

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Tilley advised that no executive session was held after the last meeting.

IV. PUBLIC HEARING – COMPREHENSIVE PLAN UPDATE 2010

1. PRESENTATION:
April Showers, J.M.T. Consultants, explained the planning process and reviewed a summary of the contents of the plan. She advised that a copy is available for public review in the Municipal Building, as well as being posted on the Township’s website.

2. STAFF COMMENT:
Mr. Waller advised that the plan received favorable recommendations from the Township Planning Commission and the York County Planning Commission.
Chief Dugan commented that mixed use zoning would have less impact on Township services.
Mr. Smith commented that this process began in 2006 and has had to be reevaluated over the course of planning due to the Chesapeake Bay Strategies and the state of the economy.

3. PUBLIC COMMENT:
Mr. Dan Beinhower commented that he owns 5 acres between Marsh Run Road and the Turnpike, and 25 acres between Old York Road and Marsh Run Road that he would like to see rezoned.
Mr. Robert P. Stanley said he felt that traffic impact fees were important.

4. SUPERVISORS COMMENT:
Mr. Brown asked if changes can be made to the plan once it is adopted. Ms. Showers said that some changes can be made without a complete update.
Mr. Pirritano thanked Ms. Showers and her staff for their time and commitment to this project, and stated that he believes this plan follows the wishes of the Township’s residents.
Mr. Mickle addressed the revitalization of the New Market area. Most of the properties there are in the flood plain and any rebuilding or renovating of these existing buildings would have to be brought up to code. Mr. Waller advised that the Township’s existing Flood Plain Ordinance would address any renovation or revitalization proposed for this area.

5. ADDITIONAL COMMENT:
Mr. Smith advised for the record that this hearing was duly advertised in accordance with the law.
Mr. Mickle stated that the adoption of the Comprehensive Plan tonight does not change any existing zoning.

The Public Hearing was adjourned to 6:47 p.m.

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June 28, 2010
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V. CALL TO ORDER:
The meeting was reconvened by the Vice-Chairman, Mr. Mickle, at 7:00 p.m.

VI. ROLL CALL:

PRESENT: John W. Mickle, III, Vice Chairman
William C. Brown, Supervisor
Mario D. Pirritano, 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

ABSENT: Perry Albert, Chairman
John C. Minito, Supervisor

VII. RECOGNITION OF PUBLIC:

Mr. Ronald Allen, Sawmill Road, advised the Board that because of all the prior problems and disputes with the Township, he wants to transfer his properties to Monaghan Township.
Mr. Tilley advised that he has never had this question before and would need time to research the legalities of such a request. He also stated that the “problems and disputes” alluded to by Mr. Allen were brought on by Mr. Allen himself, who was recently found in contempt for non-compliance with a previously issued court order and also stated that as of this date, Mr. Allen still has not complied. Mr. Allen disagreed with Mr. Tilley’s comments about his non-compliance. Mr. Tilley advised that this matter would not be debated at the public meeting and that any discussion on this legal matter should be between Mr. Tilley and Mr. Allen’s attorney.
Mr. Pirritano stated that he felt that this was a matter for consideration by the full board.
Mr. Brown stated that, in his opinion, any research or preparation on this subject will be at Mr. Allen’s expense and not paid for out of Township funds. The other board members concurred.

VIII. AGENDA ITEMS:

1. Northeastern Senior Center – Activity Update:

Jane Deemer, Director of the Center, provided a summary of activities at the Center and advised that they have delivered approximately 2,000 meals to Fairview residents in the past year. She thanked the Board for contributions to the Northeastern Senior Center which help defray the cost of these meals.

2. Presentation, Tapping Fees & Impact – Gannett Fleming:

Mark Malarich, P.E., from Gannett Fleming, the Authority’s Engineer, explained the process for calculating tapping fees and provided a table showing the maximum allowable fees under Act 57 for Lower Allen Basin, North Basin and South Basin, and for combining all areas into one fee. He advised that debt can only be used for the purpose of calculating tapping fees when it is for new construction to serve new customers. The Authority will need to prepare and adopt a new Resolution to establish new tapping fees.
He also spoke briefly on the Act 537 Plan and advised that DEP has sent notice to the Meadowbrook MHP that their NPDES permit expires in 2012.

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June 28, 2010
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3. Subdivision Plans:

A. Final Subdivision Plan – Steigerwalt Estate, 309 Steigerwalt Hollow Road:

Mr. Pirritano made a motion, seconded by Mr. Brown to approve the final subdivision plan for the Steigerwalt Estate, 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 16, 2010.
Vote on the motion: All yes. The motion carried.

B. Modification Request, Driveway Requirements – 624 Robins View Lane:

Mr. Brown made a motion, seconded by Mr. Pirritano to table the modification request, at the applicant’s request, to waive all subdivision and land development ordinance driveway requirements, Section 606.4.C.
Vote on the motion: All yes. The motion carried.

C. Modification Request, Shared Driveway – Bowen, 622 Fishing Creek Road:

Mr. Waller reviewed the application and advised that PennDOT would not issue the permit because of inadequate sight distance. The applicant is requesting that two driveways share the existing entrance on Fishing Creek Road.
Mr. Tilley advised that a standard shared driveway agreement should be executed between the two parties.
Mr. Brown made a motion, seconded by Mr. Pirritano, to approve the modification request for a shared driveway, contingent upon the execution and submission of a shared driveway agreement.
Vote on the motion: All yes. The motion carried.

D. Modification Request, Beacon Hill Hotel – Beacon Hill Blvd:

Mr. Pirritano made a motion, seconded by Mr. Brown to approve the modification request for Beacon Hill Hotel from Section 303, Preliminary Plan.
Vote on the motion: All yes. The motion carried.

E. Bond Reduction Requests:

1. Rutters:

Current Bond 10% Contingency Reduction Remaining Amt.
$12,168.30 $10,168.30 $12,168.30 $0.00

Mr. Pirritano made a motion, seconded by Mr. Brown to approve the bond reduction request for Rutters as recommended by ARRO Engineering, contingent upon placement of a maintenance bond in the amount of 15% of the original bond, for a period of 18 months.
Vote on the motion: All yes. The motion carried.

2. West Shore Regional Treatment Plant (PAWC):

Current Bond Reduction Remaining Amt.
$1,345,115.00 $1,345,115.00 $0.00

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the bond reduction request for the West Shore Regional Treatment Plant as recommended by ARRO Engineering, contingent upon placement of a maintenance bond in the amount of 15% of the original bond, for a period of 18 months.
Vote on the motion: All yes. The motion carried.

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June 28, 2010
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3. Raw Water Pump Station (PAWC):

Current Bond Reduction Remaining Amt.
$120,655.00 $120,655.00 $0.00

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the bond reduction request for the Raw Water Pump Station as recommended by ARRO Engineering, contingent upon placement of a maintenance bond in the amount of 15% of the original bond, for a period of 18 months.
Vote on the motion: All yes. The motion carried.

F. Time Extension Requests:

1. Pelleschi – Locust Road December 6, 2010

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

2. Doe Run – Old Quaker Road Motion to deny

Mr. Waller advised that there has been no action on this plan except time extensions since May, 2007. He recommended denial of the plan for the following reasons:
1. SLDO 22-402.2.2.B, No DEP approval of sewage module.
2. SLDO 22-402.2.A, No approval from the York County Conservation District.
3. SLDO 22-402.1.M, No owner’s signature on the plan.

Mr. Brown made a motion, seconded by Mr. Pirritano to deny the plan for Doe Run based on the items listed above.
Vote on the motion: All yes. The motion carried.

4. Resolution No. 2010-6 – Temporary Banners, Iron Bridge:

Mr. Brown made a motion, seconded by Mr. Mickle to adopt Resolution No. 2010-6 for the installation of temporary banners on the Iron Bridge for Vickie’s Angel Walk from 08/02/10 to 10/10/10 and the SMT Turkey Trot from 10/10/10 to 11/26/10. It was noted that this Resolution must be forwarded to PennDOT for issuance of a permit. As the bridge is still under construction, it is unknown at this time if PennDOT will approve this request.
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Resolution was adopted.

5. Ordinance No. 2010-3, Establishing an On-Lot Septic Management Program:

Mr. Pirritano made a motion, seconded by Mr. Brown to adopt Ordinance No. 2010-3, establishing an on-lot septic management program and the regulations for the inspection, maintenance, operation and rehabilitation of individual and community on-lot sewage disposal systems.
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Ordinance was adopted.

6. Establish Time Line, Zoning Ordinance and Recreation Grant:

Mr. Smith advised the Board that we must move forward with the zoning amendments and the recreation study or we may lose the grant funding. Both projects must be completed in less than 12 months, but neither can proceed until the Comprehensive Plan is adopted. We could lose approximately $25,000 for each project if they are not completed on time.

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June 28, 2010
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7. Resolution No. 2010-7, Comprehensive Plan Update 2010:

Mr. Brown made a motion, seconded by Mr. Pirritano to adopt Resolution No. 2010-7, approving and adopting the Fairview Township Comprehensive Plan Update 2010.
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Ordinance was adopted.

8. Authorization to Refinance, Two Debt Issues:

Mr. Smith explained that by refinancing the outstanding debt for the Fire Station ($1.4 million) and for the Lower Allen Improvements ($675K) we may be able to reduce the interest by 50% which could yield an overall savings of $60-75K.
Mr. Pirritano made a motion, seconded by Mr. Brown authorizing Mr. Smith to begin the process of refinancing these debt issues.
Vote on the motion: All yes. The motion carried.

9. Resolution No. 2010-8, Intent to Issue Bonds or Notes:

Mr. Brown made a motion, seconded by Mr. Pirritano authorizing the intent to issue bonds or notes in the amount of $5,000,000 to finance a capital project for the sewer system.
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Pirritano, yes. The Resolution was adopted.

10. Discussion – Act 32, County Tax Collection:

Mr. Smith reviewed Act 32 and advised that the West Shore Tax Bureau will begin collections on 01/01/2011 in accordance with the Act.

11. Discussion – MS-4 Program and EPA Report:

Mr. Smith reported that all documentation is complete and will be submitted to EPA.

12. Schedule 2011 Budget Meetings:

Mr. Smith provided a tentative budget meeting schedule and asked the Board members to review and comment on the proposed dates and times, which must be advertised.

13. Review of Financial Condition, First 6 Months 2010:

Mr. Smith reviewed the revenue and expenditures to date this year. He advised that real estate transfer taxes are down significantly from last year; real estate taxes are down slightly; building permits are significantly lower and only 22 of 62 budgeted sewer permits have been issued.

14. Authorize Chairman to Sign Agreement – Commonwealth Law Enforcement Assistance Network:

Mr. Brown made a motion, seconded by Mr. Pirritano authorizing the Chairman to sign the agreement with the Commonwealth Law Enforcement Assistance Network.
Vote on the motion: All yes. The motion carried.

15. Authorize Disposal of Surplus Assets, CAPCOG Auction – July 21, 2010:

Mr. Mickle made a motion, seconded by Mr. Brown authorizing the disposal of surplus assets at the Capital Region Council of Governments Auction, July 21, 2010, with ratification of the complete list at the July meeting.
Vote on the motion: All yes. The motion carried.

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June 28, 2010
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16. Retirement, Highway Foreman / Acceptance into the DROP Program:

Mr. Pirritano made a motion, seconded by Mr. Brown to accept the notice of retirement from Herbert D. Myers, effective August 1, 2010, with acceptance into the DROP Program for a period not to exceed 2 (two) years.
Vote on the motion: All yes. The motion carried.

17. Zoning Hearings:

There was no comment on the scheduled hearings.

IX. OLD BUSINESS:

There was no old business discussed.

X. NEW BUSINESS:

1. Mr. Pirritano recognized two Boy Scouts in the audience.

2. Mr. Tilley discussed the lack of final paving on Emily Lane and advised that a notice of violation has been sent to the developer of Irish Meadows who was given until July 6, 2010 to comply.
Mr. Brown made a motion, seconded by Mr. Pirritano authorizing staff to prepare bid documents for paving Emily Lane.
Vote on the motion: All yes. The motion carried.

3. Mr. Mickle advised that the Lewisberry Fire Company is apparently in financial stress and is considering merging with another department. He asked for authorization from the Board to be involved in any merger discussions.
Mr. Brown made a motion, seconded by Mr. Pirritano authorizing Mr. Mickle, with Mr. Albert as an alternate, to participate in discussions of a merger with the Lewisberry Fire Company.
Vote on the motion: All yes. The motion carried.

4. Mr. Tilley discussed the paving of Fairview Road. He indicated that in 1983 approximately 750’ of Fairview Road was paved by the Township at the expense of the property owners. Review of documents indicates that the expectation was that the Township would accept Fairview Road as a Township Road; however no dedication ever took place. The road must be surveyed and new deeds drawn for the abutting property owners.
Mr. Pirritano made a motion, seconded by Mr. Brown authorizing staff and the solicitor to proceed with the necessary steps for the resolution of this matter.
Vote on the motion: All yes. The motion carried.

XI. APPROVAL OF MINUTES – May 24, 2010:

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the minutes of the May 24, 2010 meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

XII. RATIFICATION OF BILLS PAYABLE:

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

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June 28, 2010
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XIII. ANNOUNCE EXECUTIVE SESSION:

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

XIV. ADJOURNMENT:

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