2013-01-28, Board of Supervisors Meeting

2013-01-28

 

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
January 28, 2013 – 7:00 p.m.
MINUTES

I. CALL TO ORDER:

The meeting was called to order by the Chairman, Mr. Brown, at 7:00 p.m.

II. ROLL CALL:

PRESENT: William C. Brown, Chairman
Mario D. Pirritano, Vice-Chairman
John C. Minito, Supervisor
Christopher L. Allen, Supervisor
Robert P. Stanley, Jr., Supervisor
Stephen F. Smith, Manager
Donald F. Martin, Assistant Manager
Stephen M. Waller, Codes Administration Director
David A. Jones, Stock & Leader, Solicitor (arrived at 7:45 p.m.)
Lt. Jason Loper, Police Department
Donna L. Nissel, Secretary

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Brown advised that an Executive Session was held after the meeting on January 7th with a law firm to discuss personnel issues. There was no Executive Session prior to tonight's meeting.

IV. RECOGNITION OF PUBLIC:

There was no public comment.

V. AGENDA ITEMS:

1. Commendations – Colin Tezik; Megan Sanders; Officer Tyson Baker:

Lt. Loper presented Colin Tezik and Megan Sanders with Meritorious Service Awards for their actions in coming to the aid of four teenagers whose vehicle veered off the road, down an embankment and landed upside down in a creek on October 23, 2012. Mr. Tezik and Ms. Sanders, who witnessed the accident, stopped and climbed down the embankment and gave aid to the four victims until emergency personnel arrived on the scene. Officer Tyson Baker was presented with a Chief's Commendation. Officer Baker, who was off duty at the time and passed by the accident scene, also stopped to help the victims.

2. Red Land Senior Center:

John Staz thanked the Board for budgeting additional funding for this year. He advised that in response to Mr. Minito's suggestion they looked into the purchase of the vacant Mount Zion School. He said that based in the School District's appraisal of the property, they decided not to bid, citing location and available funds. He reported that since moving to the Wyndamere Road location, they have gained 100 new members, increasing their membership by 17%, and the number of meals served has doubled.
Bob Gasswint reported that the feasibility study was very positive, and they are ready to begin soliciting funds for the building project. A meeting will be scheduled with state, county and local officials in the near future. He advised that the total project cost is $2.7 million.

3. Building, Zoning, Codes:

A. Draft Zoning Ordinance Update:

Mr. Waller advised that the final draft has been forwarded to the York County Planning Commission. If their review is favorable, a public hearing will be scheduled for the March supervisors meeting.
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January 28, 2013
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B. Sign Ordinance Modification Request – Randy Zeigler Automotive, 102 Lewisberry Road:

Mr. Waller said that while the current Zoning Ordinance prohibits the type of digital sign Mr. Zeigler is proposing, the new draft Zoning Ordinance has regulations governing this type of sign.
Mr. Pirritano made a motion, seconded by Mr. Stanley to approve the modification request from Section 103.A, contingent upon compliance with the regulations as set forth in the new Zoning Ordinance.
Vote on the motion: All yes. The motion carried.

C. Modification Requests:

1. Semones, Old York Road:

402.1.A – Original Property Description
402.1.R – 10 ft. Contours
602.1.G & 602.2.C – Cartway Improvements

Mr. Stanley made a motion, seconded by Mr. Minito to approve the modification requests from 402.1.A, 402.1.R, 602.1.G and 602.2.C.
Vote on the motion: All yes. The motion carried.

2. Woods Edge, Pinetown Road:

402.1.O – Existing Features

Mr. Minito made a motion, seconded by Mr. Allen to approve the modification request from 402.1.O.
Vote on the motion: All yes. The motion carried.

602.1.G & 602.2.C – Cartway Improvements

Ron Lucas, representing the developer, said they have had no response from PennDOT on the widening of Pinetown Road. He indicated that they have measured the roadway in several places, most have the required 24', and in a few places only 6" would be required. Mr. Bitner said he also measured the roadway and found that it varied from 21' 4 ", to 23' 6". Mr. Bitner will schedule a meeting with PennDOT to include Mr. Smith, one board member and Mr. Bitner.
Mr. Pirritano made a motion, seconded by Mr. Allen to table this until the next meeting.
Vote on the motion: All yes. The motion carried.

D. Time Extension Requests:

Woods Edge – Pinetown Road March 25, 2013
Woodbridge Farms, VIII & IX – Big Spring Road March 25, 2013
Gilmore – Willis Road June 24, 2013
Semones/Wintermyer – Old York Road June 24, 2013

Mr. Brown made a motion, seconded by Mr. Stanley to grant the four (4) time extension requests as listed above.
Vote on the motion: All yes. The motion carried.

E. Resolution No. 2013-1, Planning Module – Woods Edge, Pinetown Road:

Mr. Pirritano made a motion, seconded by Mr. Stanley to adopt Resolution No. 2013-1, Planning Module – Woods Edge, Pinetown Road.
Vote on the motion: All yes. The Resolution was adopted.

F. Zoning Hearings:

There was no comment on the hearings.

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January 28, 2013
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4. Request for Sewer Capacity – Speese, Big Spring Road (1 EDU – South Plant):

Mr. Smith reminded the Board that all capacity in the South Plant has either been sold or reserved. Mr. Stanley confirmed that in accordance with past practice, based on the Authority's direction, capacity will only be approved for a single residential unit on an existing lot or for expansion of an existing commercial property. As this request is in conjunction with a proposed subdivision, denial is recommended.
Mr. Stanley made a motion, seconded by Mr. Minito to deny the request for 1 (one) EDU for Speese, Big Spring Road..
Vote on the motion: All yes. The motion carried.

5. Discussion – Briarcliff, Phase 3 Sewer Capacity (39 EDUs):

Mr. Smith advised that the developer of the Briarcliff subdivision defaulted on their payment of Reservation of Capacity fees for Phase 3. The Board revoked their reservation agreement and the 39 EDUs reverted back to the Township. Another developer is interested in taking over the Phase 3 properties, however without sewer capacity, the project cannot go forward. He recommended that this block of capacity be held for the exclusive use of Briarcliff 3. The Board concurred.

6. Ordinance No. 2013-1, Stop Intersections – Woodbridge Farms:

Mr. Stanley made a motion, seconded by Mr. Minito to adopt Ordinance No. 2013-1, amending Chapter 15, Part 2, Section 213(1) of the Code of Ordinances to establish additional stop intersections in Woodbridge Farms.
Vote on the motion: All yes. The Ordinance was adopted.

7. Chief of Police Position:

Mr. Smith asked the Board members to think about the qualifications and protocols they want to implement in connection with the appointment of a new Chief of Police for discussion at the next meeting.

8. Discussion – Extension of Reservation of Capacity Agreements:

Mr. Jones will review and research the existing agreements and provide his recommendations at the next meeting.

9. Ongoing Issues – Act 537 Plan:

Mr. Smith advised that DEP has taken issue with areas outside the defined subdivisions. Phases 2 & 3 will need some modifications. The Township will have to negotiate rights-of-way; if no agreement can be made, we will have to proceed to condemnations.

10. Discussion – Additional Borrowing

Mr. Smith discussed additional monies needed to complete the 537 plan, for a total of $21-22 million.

11. Potential Sewer Rate Increase, 3rd Quarter 2013

Mr. Smith reported that an increase in sewer fees of $6.00 per quarter will be needed beginning with the 3rd quarter this year.

12. I & I Issues, Various Locations

Mr. Smith said that investigations have revealed that there are two areas of concern with large volumes of infiltration. One on Old York Road is taking on the equivalent of 32 EDUs per day; Green Lane Farms infiltration is estimated to be 51 EDUs per day. It is estimated that it would cost $3 million +/- to repair the sewer lines in Green Lane.

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January 28, 2013
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13. Cats Roaming at Large

Aaron Moore, 654 Observatory Drive, informed the Board that there are 50+ feral cats roaming his neighborhood. Neighbors have installed feeding boxes and the cats are fouling his property. He claims he has talked to the neighbor but they refuse to remove the boxes. Lt. Loper advised that feral cats are considered wild animals and cannot be controlled under our ordinances. Mr. Waller will research the zoning ordinances to see if there is anything that would be applicable.

14. Report – Capital Region Council of Governments Annual Meeting and Dinner

Mr. Pirritano reported that he attended the CAPCOG Annual Meeting on January 21st. Dr. G. Terry Madonna was the speaker, and Gary Eichelberger was presented with the Perry Albert Distinguished Service Award.

VI. OLD BUSINESS:

There was no old business discussed.

VII. NEW BUSINESS:

Mr. Smith advised that the Township has received a Recycling Grant in the amount of $39,232.00 for the year 2010. He also said that by state law, electronics will no longer be collected curbside; they must be recycled, beginning this month.

VIII. APPROVAL OF MINUTES:

Mr. Stanley made a motion, seconded by Mr. Minito to approve the minutes of the January 7, 2013 meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

IX. RATIFICATION OF BILLS PAYABLE:

1. Mr. Pirritano made a motion, seconded by Mr. Allen to ratify payment to CET Engineering Services as presented.
Vote on the motion: Mr. Stanley abstained as he is an employee of the company; all others, yes. The motion carried.

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

X. ANNOUNCE EXECUTIVE SESSION:

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

XI. ADJOURNMENT:

The meeting was adjourned at 8:50 p.m.