2011-09-26, Board of Supervisors Meeting

2011-09-26

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
September 26, 2011
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, Stock & Leader, Solicitor
Bernard G. Dugan, Chief of Police
Donna L. Nissel, Secretary

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Albert advised that no executive sessions were held since the last meeting.

IV. RECOGNITION OF PUBLIC:

There was no public comment.

V. AGENDA ITEMS:

1. Fire Protection, Borough of Lewisberry:

Mr. Mickle stated that approximately 2 years ago, Lewisberry contacted Fairview Township about a possible merger of Fire Departments. A work group consisting of Mr. Mickle, Mr. Brown and Mr. Calaman discussed the possibility with Lewisberry; however, the financial condition of the Lewisberry Fire Department was to severe to make a merger feasible for Fairview Township. He reviewed the elements of an Intermunicipal Agreement by which Fairview would provide fire and rescue service to the Borough of Lewisberry. These items will be incorporated into a motion at the end of the discussion. Lengthy discussion followed during which the following questions were asked. Representatives from Lewisberry were present in the audience.
Mr. Minito asked how many volunteers in the Lewisberry Department. He was advised that there are approximately 15, with no full time employees. He also asked about the number of calls received and was advised that Lewisberry received 8-10 calls per month. Most are mutual aid or accident calls; there has only been one structure fire in the Borough in approximately 5 years.
Mr. Mickle said that Fairview has 28-29 active volunteers and 4-5 paid part-time drivers. He believes that Fairview could pick up 5-10 volunteers from the Lewisberry Department. He said that there is a large population in that area of Fairview and response time from our Department is approximately 16 minutes in good conditions. Having a Fairview truck stationed in Lewisberry would mean a much faster response time.
Mr. Albert asked how much Lewisberry receives in Fireman’s Relief funds. He was advised that they receive approximately $2,500.
Mr. Brown said that as a resident in that area, he is impressed by the reduced response time.
Mr. Pirritano asked about the cost of electric 8-10 years from now. Mr. Mickle advised that Lewisberry owns the electric company and controls the rates. He also asked about the liability insurance on the building and was advised that Lewisberry would be responsible for payment.
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September 26, 2011
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Mr. Rob Brady, DCED representative, spoke at length about shared services and the benefits to the municipalities. He sees this proposal as a win-win situation for both Fairview and Lewisberry, but of course it is ultimately the decision of the Board.
Mr. Minito asked Mr. Smith to provide a financial analysis of workers comp, liability insurance, etc. before the budget meeting scheduled for October 19th.

Mr. Mickle made a motion to authorize the Fairview Township Fire Department to provide fire and rescue protection for the Borough of Lewisberry by Intermunicipal Agreement, which shall include but not be limited to the following:
1. Fairview will provide full fire and rescue service to Lewisberry. Operational expenses are the responsibility, including workers compensation insurance, of Fairview.
2. As compensation for providing fire and rescue service, Lewisberry will provide the following:
A. Unrestricted use of the fire station portion of the fire station building (downstairs section.)
B. $5,000.00 annually which will be used to pay the electric bill. Any remaining balance will be given to Fairview to pay other expenses.
C. All Firemen’s Relief monies which Lewisberry receives will be given to Fairview.
3. The social hall section of the building (upstairs) will be Lewisberry’s. Heat and electric use are to be kept to a minimum until separate systems can be provided. In the event the hall is rented prior to separation of utilities, Lewisberry will give 10% (ten percent) of the rental fee to Fairview.
4. Any current member of the Lewisberry Volunteer Fire Company will be extended an invitation to join Fairview. They must go through the regular requirements which apply to new members.
5. It is understood by all parties that this is not a merger of fire companies. Fairview will not use any equipment belonging to the Lewisberry Volunteer Fire Company. Fairview will not occupy the fire station until all of the Lewisberry Volunteer Fire Company equipment and property are removed from the building.
6. Fairview Township Volunteer Fire Company previously voted unanimously to merge with Lewisberry Volunteer Fire Company. As this agreement is not a merger, Fairview will re-vote to provide fire and rescue service to Lewisberry.
7. Lewisberry gives permission to Fairview to conduct fund raising activities or fund raising solicitations within the Borough.
8. Fairview proposes, in recognition of Lewisberry Volunteer Fire Company’s long heritage, to name the station “Lewisberry Station” rather than use a numerical designation. Fairview also intends to honor “Station 29” with a commemorative decal on each vehicle in Fairview’s fleet.
9. Length of agreement: This agreement will be valid for a period of five years. The agreement would be automatically renewed unless either party gave the other party a one year advance notice of intent to terminate. This agreement may be modified by agreement of both parties, except the termination clause. Notice of termination must remain at one year.
10. Any and all legal documents necessary for execution of this agreement for both Fairview and Lewisberry are to be prepared by Lewisberry’s counsel, at Lewisberry’s expense. Fairview’s role will be to review and execute.
11. The safety and welfare of the residents of Lewisberry and the increased service and resulting safety of the residents of Fairview are the sole purpose of this undertaking. The preparation and execution of this agreement should be completed as quickly as possible. All necessary legal documents should be prepared by October 31, 2011, with the intention of being presented and ratified by Fairview at its regular meeting on December 5, 2011.
The motion was seconded by Mr. Brown.
Vote on the motion: All yes. The motion carried.

2. Subdivision Plans:

A. Preliminary/Final Land Development Plan – FedEx, 510 Industrial Drive:

Mr. Pirritano made a motion, seconded by Mr. Brown to approve the preliminary/final land development plan for FedEx contingent upon the submittal of signed and notarized plans; payment of recording fees; payment of all engineer fees; and compliance with the Township staff memo dated September 15, 2011.
Vote on the motion: All yes. The motion carried.
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September 26, 2011
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B. Bond Reduction Request – Fairfield Inn & Suites:

Current Bond Amt. 10% Conting. Reduction Amt. Remaining Amt.
$ 299,169.20 $ 27,197.20 $ 189,937.00 $ 109,232.20

Mr. Brown made a motion, seconded by Mr. Minito to approve the bond reduction request for Fairfield Inn & Suites as recommended by the Engineer.
Vote on the motion: All yes. The motion carried.

C. Modification Requests – Semones, 245 Old York Road:

1. 402.1.X – Well Location
2. 402.1.Y – Septic Replacement Area
3. 402.2.G – Wetlands Report

Mr. Waller advised that the request for 402.1.Y, septic replacement area, has been withdrawn.
Mr. Pirritano made a motion, seconded by Mr. Mickle to approve the modification requests from 402.1.X, well location and 402.2.G, wetlands report.
Vote on the motion: All yes. The motion carried.

D. Time Extension Requests:

Harry Fox, Pinetown Road December 5, 2011
Woodbridge Farms, Big Spring Road December 5, 2011
New View, Shawnee Court January 30, 2012
Fager, Old Quaker & Lewisberry Roads January 30, 2012
Deerfield, Old Stage Road March 26, 2012

Mr. Mickle made a motion, seconded by Mr. Pirritano to approve the 5 (five) time extensions listed above.
Vote on the motion: All yes. The motion carried.

3. Ratify Declaration of Flood Emergency, Tropical Storm Lee – September 7-14, 2011:

Mr. Smith advised that approximately $221,000 has been expended so far on storm cleanup.
Mr. Mickle made a motion, seconded by Mr. Pirritano to ratify the Declaration of Flood Emergency for Tropical Storm Lee from September 7 through September 14, 2011.
Vote on the motion: All yes. The motion carried.

4. Authorization to Advertise – Public Works Employee:

Mr. Pirritano made a motion, seconded by Mr. Minito to authorize staff to advertise for a public works employee in the Wastewater Department..
Vote on the motion: All yes. The motion carried.

5. West Shore Recreation Commission – Approval of 2012 Budget:

Mr. Brown made a motion, seconded by Mr. Minito to approve the West Shore Recreation Commission’s 2012 Budget as presented, with no increase in Fairview Township’s per capita contribution rate of $2.184, for a total 2012 contribution of $36,403.00.
Vote on the motion: All yes. The motion carried.

6. York County Convention:

Mr. Smith advised that the 2011 York County Convention is scheduled for Thursday, November 10, 2011. Pre-registration deadline is October 21st. Notify Mrs. Nissel by October 7th if you will attend.

7. Zoning Hearings:

Mr. Waller advised that there are no cases scheduled for October.

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September 26, 2011
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VI. OLD BUSINESS:

Mr. Minito asked the status of the towing ordinance. Chief Dugan advised that some changes have been made and he will provide the Board with a draft copy tonight.

VII. NEW BUSINESS:

Mr. Pirritano said that the Highland Women’s Club has asked permission to hold a bake sale at the Municipal Building on Election Day.
Mr. Pirritano made a motion, seconded by Mr. Brown giving permission to the Highland Women’s Club to hold a bake sale on Election Day.
Vote on the motion: All yes. The motion carried.

VIII. APPROVAL OF MINUTES – August 29, 2011:

Mr. Albert made a motion, seconded by Mr. Brown to approve the minutes of the August 29, 2011 Board of Supervisors meeting.
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. Brown to adjourn the meeting
Vote on the motion: All yes. The meeting was adjourned at 8:40 p.m.