2011-12-05, Board of Supervisors Meeting

2011-12-05

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
December 5, 2011
MINUTES

I. CALL TO ORDER:
The meeting was called to order by the Vice Chairman, Mr. Mickle, at 7:00 p.m.

II. ROLL CALL:

PRESENT: 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
David A. Jones, Stock & Leader, Solicitor
Bernard G. Dugan, Chief of Police
Donna L. Nissel, Secretary

Mr. Mickle announced for those who may not know, that Board Chairman Perry Albert passed away on November 21st. Mr. Jones advised that the Board has 30 days from the date of vacancy to fill the position. If they do not reach a decision in that time, the Vacancy Board must convene within the next 15 days. If an appointment still is not made, the matter goes to the Court of Common Pleas. This matter will be addressed later in the meeting.

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Mickle advised that an Executive Session was held after the October 31st meeting to discuss police matters.

IV. RECOGNITION OF PUBLIC:

1. Mr. Kelby Waltman, Bamberger Road, said that Bamberger Road has never been paved and is in very bad shape. He asked that the Township pave it instead of continually dumping stones. Mr. Mickle said that it never was intended to be paved. The original plan showed it as a gravel road. There are no funds available at this time for paving.

V. AGENDA ITEMS:

1. Discussion – 2012 Budget of Township Funds

Sewer: Mr. Smith reviewed the history of the sewer debt and the construction of the South System. He advised that the debt has been refinanced with a General Obligation Note in the amount of $9.5 million. This will be paid off in 2019 and will save approximately $1.5 million. He said that with the Chesapeake Bay mandates and upgrades to plant capacity, sewer rates will be increased by $12/quarter.

Refuse: Mr. Smith advised that under the new contract with Penn Waste, refuse rates will increase by $1/quarter.

General Fund: Pension costs as well as post-retirement medical costs have increased and EIT and Real Estates taxes are expected to be down.

Liquid Fuels: Only piping and culverts will be addressed in 2012, with paving of roads to begin in 2013.

Mr. Martin reviewed the resolutions for Revenue and Expenditures, and Tax Levies.
A. Resolution No. 2011-23 – Revenue and Expenditures
B. Resolution No. 2011-24 – Tax Levies

Mr. Mickle advised that he does not take this matter lightly, but the Board has two choices – cut services or raise taxes. He suggested that this matter be continued to December 19th at 10:00 a.m. for action. The other Board members concurred.
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2. Resolution No. 2011-21, Amending Annual Rates for Sewer Rental:

Mr. Pirritano made a motion, seconded by Mr. Brown to adopt Resolution No. 2011-21, amending the annual sewer rental rate for Classification No. 1, residential, to $636.00, billed quarterly at $159.00, and Classification No. 2, nonresidential, commercial and industrial, to $800.00, billed quarterly at $200.00.
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

3. Resolution No. 2011-20, Amending Annual Rate for the Collection of Refuse, Recycling and Yard Waste:

Mr. Brown made a motion, seconded by Mr. Minito to adopt Resolution No. 2011-20, amending the annual rate for the collection of refuse, recycling and yard waste to $208.00, billed quarterly at $52.00.
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

4. Authorization to Bid – Piping and Culverts:

Mr. Minito made a motion, seconded by Mr. Brown to authorize staff to bid piping and culverts, and award the bid with ratification at a later date.
Vote on the motion: All yes. The motion carried.

5. Subdivision Plans:

A. Final Minor Subdivision Plan – Harry Fox, Pinetown Road, 2 Lot Reconfiguration:

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the final minor subdivision plan for Harry Fox 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 November 29, 2011.
Vote on the motion: All yes. The motion carried.

B. Preliminary/Final Land Development Plan – Langletz, 920 Limekiln Road:

Mr. Waller reviewed the background of the plan. He advised that the Board has previously denied a modification request for road improvements. In addition, the developer has not requested a time extension.
Mr. Brown made a motion, seconded by Mr. Minito to deny the preliminary/final land development plan for Langletz, 920 Limekiln Road, based on the deficiencies noted in the staff memo dated November 29, 2011.
Vote on the motion: All yes. The motion carried.

C. Time Extension Requests:

Plan Orig. Submittal Date Ext. Date
Pelleschi, Locust Road June 30, 2004 February 28, 2012
Tintsman, Pleasantview Road March 7, 2005 June 30, 2012

Mr. Mickle made a motion, seconded by Mr. Brown to approve the two (2) time extension requests listed above.
There was a discussion on limitations on time extensions.
Vote on the motion: Mr. Minito, no; all others, yes. The motion carried.

6. Ordinance No. 2011-8 – Authorizing Intermunicipal Agreement, Borough of Lewisberry:

Mr. Brown made a motion, seconded by Mr. Pirritano to adopt Ordinance No. 2011-8, authorizing an intermunicipal agreement with Lewisberry Borough to provide fire protection to Lewisberry Borough by the Fairview Township Volunteer Fire Department
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Ordinance was adopted.

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December 5, 2011
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7. Intermunicipal Agreement, Fairview Township & Lewisberry Borough:

Mr. Pirritano made a motion, seconded by Mr. Brown to execute the intermunicipal agreement between Fairview Township and Lewisberry Borough to provide fire protection to Lewisberry Borough by the Fairview Township Volunteer Fire Department.
Vote on the motion: All yes. The motion carried.

8. Ordinance No. 2011-9, Towing Regulations:

Mr. Brown made a motion, seconded by Mr. Pirritano to adopt Ordinance No. 2011-9, amending Chapter 15, Section 504, designation of approved towing services.
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Ordinance was adopted.

9. Resolution No. 2011-22, Designate Agent – FEMA, Tropical Storm Lee:

Mr. Minito made a motion, seconded by Mr. Brown to designate Donald Martin, III, as agent to execute all required forms and documents for the purpose of obtaining financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act for Tropical Storm Lee.
Roll Call Vote: Mr. Mickle, yes; Mr. Brown, yes; Mr. Minito, yes; Mr. Pirritano, yes. The Resolution was adopted.

10. Authorization to Sell Surplus Vehicles:

Mr. Pirritano made a motion, seconded by Mr. Brown to authorize the sale of two 1997 Ford L8000 dump trucks with plows, spreaders and pre-wet systems, one by auction and the other to be offered to another municipality or sold at auction at a later date.
Vote on the motion: All yes. The motion carried.

11. Authorization to Advertise Ordinance Requiring Connection to the Public Water System:

Mr. Minito made a motion, seconded by Mr. Pirritano to authorize staff to advertise an ordinance requiring mandatory connection to a public water system for those properties within the Act 537 Sewer District.
Vote on the motion: All yes. The motion carried.

12. Approve Investment Changes, Post-Retirement Medical Benefits, PNC Bank:

Mr. Brown made a motion, seconded by Mr. Pirritano to approve investment changes for the post-retirement medical benefits, PNC Bank, and authorize the Manager and Assistant Manager to execute the document.
Vote on the motion: All yes. The motion carried.

13. Ratify Disciplinary Action, Police Department:

Mr. Brown made a motion, seconded by Mr. Pirritano to ratify disciplinary action as recommended by the Chief of Police.
Vote on the motion: All yes. The motion carried.

14. Zoning Hearings:

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

VI. OLD BUSINESS:

There was no old business discussed.

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December 5, 2011
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VII. NEW BUSINESS:

Mr. Jones addressed the issue of the vacancy on the Board of Supervisors created by the death of Perry Albert on November 21, 2011. This vacancy must be filled by the remaining Board members within 30 days, or December 21, 2011. If no appointment is made, an additional 15 days can be taken by convening the Vacancy Board. If the Vacancy Board cannot make a decision, the matter is sent to the Court of Common Pleas.
Mr. Minito said he does not think the deadline of December 21st is enough time to make a decision and feels the Vacancy Board should be convened. The other Board members concurred. Staff was directed to post a notice on the website asking interested residents to submit a résumé and letter of interest by December 27, 2011 for the Board’s consideration.

VIII. APPROVAL OF MINUTES – October 31, 2011:

Mr. Brown made a motion, seconded by Mr. Pirritano to approve the minutes of the October 31, 2011 Board of Supervisors meeting.
Vote on the motion: All yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:

Mr. Brown 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. Mickle advised that there will be an Executive Session following this meeting.

XI. CONTINUANCE:

Mr. Brown made a motion, seconded by Mr. Minito to continue this meeting to December 19, 2011 at 10:00 am.
Vote on the motion: All yes. The meeting was continued to December 19, 2011.