2010-08-30, Board of Supervisors Meeting

2010-08-30

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
August 30, 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
John C. Minito, 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

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

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

IV. RECOGNITION OF PUBLIC:

Mr. Ron Allen advised the Board that his sons had purchased a tape recording machine and wished to donate it to the Township.

V. AGENDA ITEMS:

1. Subdivision Plans:

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

Mr. Minito made a motion, seconded by Mr. Pirritano to approve the modification request to waive all subdivision and land development ordinance driveway requirements, Section 606.4.C, contingent upon an executed and recorded agreement.
Vote on the motion: All yes. The motion carried.

B. Modification Request, Driveway Setbacks – 388 Equus Drive:

Mr. Pirritano made a motion, seconded by Mr. Minito, to approve the modification requests for 388 Equus Drive, from Section 606.4.G, Driveway Setbacks.
Vote on the motion: All yes. The motion carried.

C. Modification Request, Sanitary Sewer Easements – 86 Pleasantview Terrace:

Mr. Waller explained that the property owner wishes to construct a fence that would be partially over a sanitary sewer easement that crosses her property. It is unclear if this easement is under the jurisdiction of the Township or the Authority. Mr. Tilley advised that if the modification is granted there should be an easement agreement addressing the removal and replacement of any fences, etc., within the easement.
Mr. Brown made a motion, seconded by Mr. Mickle to table this request pending further research.
Vote on the motion: All yes. The motion carried.

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August 30, 2010
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D. Modification Request, Stormwater Pond Fencing Requirements – Stonybrook Manor:

Mr. Pirritano made a motion, seconded by Mr. Minito to approve the modification request for Stonybrook manor from Section 701.3.C.9, Stormwater Pond Fencing Requirements, contingent upon the fence construction meeting the barrier requirements for pools in the 2009 International Building Code.
Vote on the motion: All yes. The motion carried.

E. Modification Request, Development Sign in Sanitary Sewer Easement – Olde Orchard Hill:

Mr. Waller explained that the development sign for Olde Orchard Hill is located within the sanitary sewer easement as well as the street right-of-way on Orchard Blvd. Bob Grover and Jim Kolmansberger were present representing the Olde Orchard Homeowners Association. Mr. Grover advised that the original sign was installed by the developer in 1991. The Association has just renovated the sign in the same location. He asked why they were never notified that the sign was not in compliance. Mr. Brown asked when the road was accepted by the Township. Mr. Walled advised that he did not know. Mr. Drew Bitner, Township Engineer, advised that the sign in its present location was a liability both for safety reasons and for snow plowing. Mr. Tilley advised that possible solutions would be an indemnification agreement, the Homeowners Association’s insurance policy adding the Township as an additional insured, or eliminate the risk by moving the sign. The Board advised that the Township Engineer would work with the Association to find a better location for the sign out of the right-of-way.
Mr. Pirritano made a motion, seconded by Mr. Mickle to table the modification request.
Vote on the motion: Mr. Minito, no; all others, yes. The motion carried.
Mr. Minito made a motion, seconded by Mr. Brown to give the Association 45 (forty-five) days to move the sign.
Vote on the motion: All yes. The motion carried.

F. Bond Reduction Request – Olde Orchard Hill, Phases III & IV:

Current Bond 10% Contingency Reduction Remaining Amt.
$317,250.04 $65,893.48 $119,159.00 $198,091.04

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the bond reduction request for Olde Orchard Hill, Phases III & IV as recommended by ARRO Engineering.
Vote on the motion: All yes. The motion carried.

G. Conditional Use Application, Cluster Development – Fager Tract, Lewisberry Rd:

Mr. Pirritano made a motion, seconded by Mr. Brown to refer the plan to the Planning Commission for their recommendation.
Vote on the motion: All yes. The motion carried.

H. Time Extension Requests:

1. Beacon Hill Hotel, Beacon Hill Blvd. September 27, 2010
2. 107 Old York Road December 6, 2010

Mr. Mickle made a motion, seconded by Mr. Pirritano to approve the two (2) time extensions as listed above.
Vote on the motion: All yes. The motion carried.

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August 30, 2010
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2. Eliminate Audio Recording of Board of Supervisors Meetings:

Mr. Mickle made a motion, seconded by Mr. Brown to eliminate the audio recording of the Board of Supervisors’ meetings from this time forward.
Mr. Brown asked if there were any legal requirements to record meetings. Mr. Tilley advised there were none.
Vote on the motion: Mr. Pirritano, no; all others, yes. The motion carried.

3. Ordinance No. 2010-4, Authorizing Comcast Cable Franchise Agreement:

Mr. Brown made a motion, seconded by Mr. Pirritano to adopt Ordinance No. 2010-4, authorizing the Comcast Cable Franchise Agreement.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Ordinance was adopted.

4. Memorandum of Understanding, York County – Child Abduction Response Effort Team:

Mr. Mickle made a motion, seconded by Mr. Brown to authorize the Chief of Police to sign the Memorandum of Understanding (MOU) with York County, for the Child Abduction Response Effort (CARE) Team.
Vote on the motion: All yes. The motion carried.

5. Ratify Emergency Sewer Line Repair, Lewisberry Road – August 12, 2010:

Mr. Smith advised that the sewer line was blocked and had to be televised and tree roots had to be removed.
Mr. Brown made a motion, seconded by Mr. Minito to ratify the emergency repair of the sewer line on Lewisberry Road.
Vote on the motion: All yes. The motion carried.

6. Award Bid, Paving – Emily Lane:

Mr. Pirritano made a motion, seconded by Mr. Brown to award the bid for paving Emily Lane to Malco Landscaping in the bid amount of $93,067.50.
Vote on the motion: All yes. The motion carried.

Mr. Mickle made a motion, seconded by Mr. Brown authorizing Mr. Tilley to work with Mr. Smith to take the appropriate steps to collect this cost from the original developer.
Vote on the motion: All yes. The motion carried.

7. Resolution No. 2010-10, Minimum Municipal Obligation (MMO) – Pension Plans:

Mr. Brown made a motion, seconded by Mr. Mickle to adopt Resolution No. 2010-10, designating the 2011 MMO for the Police and Non-Uniform Pension Plans in the total amount for both of $583,940.00.
Roll Call Vote: Mr. Albert, yes; Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

8. Zoning Hearings:

There was no comment from the Board on the scheduled hearings.

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August 30, 2010
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VI. OLD BUSINESS:

There was no old business discussed.

VII. NEW BUSINESS:

1. Mr. Brown asked Chief Dugan about the unusual amount of thefts from vehicles. The Chief advised that all the vehicles involved were left unlocked.

2. Mr. Mickle advised that a steering committee meeting was held on the merger of the Fairview Township and Lewisberry Fire Department. Another meeting is scheduled for September 23rd. They are waiting for substantiation of the financial status of the Lewisberry Fire Department.

3. Mr. Smith advised that approximately 385 letters have been mailed to property owners in areas identified in the Act 537 Plan where sanitary sewer lines must be installed by the Township. The identified areas will be surveyed by D.L. Reiber Associates. Once the surveys are completed, the Township will bid the design work for the project. At that time, actual connections will be determined. Public meetings, dates to be determined, will be held area by area.

VIII. APPROVAL OF MINUTES – July 26, 2010:

Mr. Mickle made a motion, seconded by Mr. Brown to approve the minutes of the July 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. Pirritano 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 be 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 8:18 p.m.