2013-04-29, Board of Supervisors Meeting

2013-04-29

 

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS
April 29, 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
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

ABSENT: Donald F. Martin, Assistant Manager

III. ANNOUNCEMENT OF EXECUTIVE SESSION:

Mr. Brown advised that no Executive Sessions have been held since the last meeting.

IV. RECOGNITION OF PUBLIC:

1. Charles Jenakovich, Bunker Hill Road, advised the Board of an adjacent property on Old Forge Road, that is in violation of the property maintenance code and provided photographs of the property. He said he has complained to the Codes Office, but nothing has been done to date. Mr. Waller indicated that he is aware of this property; it is one of several in the Township. Discussion of these blighted properties is on the agenda tonight for Board action.

2. Mike Bradley, Andersontown Road, complained of excessive noise from trucks headed to a fill site on Sawmill Road. He said he has complained before but has gotten no help from the Police Department or the Township. Mr. Brown indicated that the matter will be looked into.

V. AGENDA ITEMS:

1. Building, Zoning, Codes:

A. Modification Request – Woods Edge, Pinetown Road:

602.1.G and 602.2.C – Cartway Widening (tabled from 03/25/13)

There was a lengthy discussion by all parties. It was indicated that there is a draft agreement by which Mr. Fox would pay a fee in lieu of widening the road, amount to be determined by the Township, to add a five foot intermodal path. Mr. Fox has several lots/subdivisions on Pinetown Road and would like to get this done this summer.

Mr. Pirritano made a motion, seconded by Mr. Minito to table this matter to the May 20th meeting.
Vote on the motion: All yes. The motion carried.

Mr. Pirritano read into the record a memo from Drew Bitner, Township Engineer, on this subject:

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April 29, 2013
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"April 28, 2013
To: Board of Supervisors and Steve Smith
From: Drew Bitner, P.E., Township Engineer

I will be out-of-town tomorrow evening, but wanted to give my opinion of the Harry Fox Developments along Pinetown Road.
In 2009, before I was Township Engineer, the Board approved Traver's Roost with 15 drives onto Pinetown Road. In my research with PennDOT, District 8-0, the District opposed the Traver's Roost Development as presented by the Harry Fox people.
PennDOT, in a documented meeting, asked the Fox People to build an interior road with only one or two drives onto Pinetown Road. The Fox people refused to consider PennDOT's suggestion and pushed the Board to approve their Development with 15 driveways onto Pinetown Road. Since 2009, Harry Fox has sold several more individual lots and pushed each lot through the Planning Commission and the Board of Supervisors.
Woods Edge will add 4 more drives, and the 34 Acres on the other side of Pinetown Road could be 17 more drives, and the 28 Acres toward Moore's Mtn. Road could be 14 more drives. Harry Fox will continue to purchase what land is left along Pinetown Road, because he knows that he can continue to push the Developments through the Fairview Township System and will get a waiver of the Road Widening Ordinance.
After a heated discussion at the Planning Commission Meeting on Woods Edge, all parties met with PennDOT in the District Office on March 6, 2013 (attached sign-in sheet). There was another heated discussion between the Harry Fox people and the PennDOT representatives. However, Mike Keiser, P.E., District Executive, made it perfectly clear that Pinetown Road should be widened.
Since that meeting, Mr. Smith wanted an official letter from Mr Keiser, which is attached. However, apparently Mr. Jones and Mr. Lucas have made a Lawyer's Deal.
It is my opinion as your Engineer that you should stick by the Ordinance and require the 30-foot widening (2-10 foot lanes with 2-5 foot shoulders). As a Professional Engineer and a member of the National Society of Professional Engineers, I took an Obligation many years ago (attached), that I will participate in none but HONEST enterprises, and that my skill and knowledge shall be given without reservation for the PUBLIC GOOD. This means preserving the Safety and Well Being of the residents of the Commonwealth and this Township. Someone is going to lose their life on this narrow, winding stretch of Pinetown Road. My recommendation is to respect PennDOT's letter and require the widening of Pinetown Road."

A meeting will be scheduled with staff, the Township Engineer and Mr. Fox's representatives.

B. Modification Requests – Wagner, Siddonsburg Road:

SWM Ordinance, 304.2 – Rate Controls
402.1.A – Property Description Scale
402.R – Contours for Lot #1
602.1.G & 602.2.C – Cartway Improvements

Mr. Stanley made a motion, seconded by Mr. Pirritano to approve the modification requests from SWM Ordinance, 304.2, rate controls; SLDO 402.1.A, property description scale; and 402.R, contours for lot #1.
Vote on the motion: All yes. The motion carried.

Mr. Stanley made a motion, seconded by Mr. Minito to table the modification requests from 602.1.G and 602.2.C, cartway widening, to the May 20th meeting.
Vote on the motion: All yes. The motion carried.

C. Modification Requests – Stoneberger, Nauvoo Road:

402.1.A – Property Description Scale
402.1.X – Well Location, Lot #1
402.1.Y – Primary & Secondary Septic Testing, Lot 1; Secondary Testing, Lot #2
602.1.G & 602.2.C – Cartway Improvements
606.4 – Driveway Location, Lot #1
612 – Wetlands Study

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April 29, 2013
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Mr. Stanley made a motion, seconded by Mr. Minito to approve the modification requests from 402.1.A, property description scale; 402.1.X, well location lot #1; 402.1.Y, primary and secondary septic testing lot #1, and secondary testing lot #2; 606.4, driveway location lot #1; and 612, wetlands study.
Vote on the motion: All yes. The motion carried.

Mr. Pirritano made a motion, seconded by Mr. Allen to table the modification requests from 602.1.G and 602.2.C, cartway widening, to the May 20th meeting

Chris Hoover, representing the applicant, advised that this plan is just a lot line modification and there will be no new driveway.

Mr. Pirritano made a motion, seconded by Mr. Allen to withdraw the prior motion to table.
Vote on the motion: All yes. The motion carried.

Mr. Pirritano made a motion, seconded by Mr. Stanley to approve the modification requests from 602.1.G and 602.2.C, cartway widening.
Vote on the motion: All yes. The motion carried.

D. Modification Requests – Martin, Grandview Drive:

SWM Ordinance, 302.A – SWM Report Submittal
602.1.G & 602.2.C – Cartway Improvements
609.1.A – Connect to Public Water
610.1.A – Connect to Public Sewer

Mr. Stanley made a motion, seconded by Mr. Minito to approve the modification requests from SWM ordinance 302.A, SWM report submittal; 609.1.A, connect to public water; and 610.1.A, connect to public sewer.
Vote on the motion: All yes. The motion carried.

It was noted by the applicant's engineer that this plan will not require any new driveways or additional employees.

Mr. Stanley made a motion, seconded by Mr. Minito to approve the modification requests from 602.1.G and 602.2.C, based on the assertions that there will be no new driveways or additional employees.
Vote on the motion: All yes. The motion carried.

E. Amended Final Subdivision Plan – Olde Orchard Hill III & IV, Lots 148-177:

Mr. Pirritano made a motion, seconded by Mr. Stanley to approve the amended final subdivision plan for Olde Orchard Hill III & IV, lots 148-177 (18 lots) 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 March 28, 2013.
Vote on the motion: All yes. The motion carried.

F. Final Minor Subdivision Plan – Stoneberger, 611 Nauvoo Road, 2 Lots:

Mr. Stanley made a motion, seconded by Mr. Minito to approve the final minor subdivision plan for Stoneberger, 611 Nauvoo Road, contingent upon favorable action on the modification requests above; the submittal of signed and notarized plans; payment of recording fees; payment of all engineer fees; and compliance with the Township staff memo dated April 22, 2013.
Vote on the motion: All yes. The motion carried.

G. Final Minor Land Development Plan – Martin, 584 Grandview Drive:

Mr. Stanley made a motion, seconded by to approve the final minor land development plan for Martin, 584 Grandview Drive, contingent upon favorable action on the modification requests above; the submittal of signed and notarized plans; payment of recording fees; payment of all engineer fees; and compliance with the Township staff memo dated April 22, 2013.
Vote on the motion: All yes. The motion carried.
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April 29, 2013
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H. Preliminary/Final Land Development Plan – Susquehanna Sports Center, Shawnee Court:

Mr. Pirritano made a motion, seconded by Mr. Allen to approve the preliminary/final land development plan for Susquehanna Sports Center contingent upon the submittal of signed and notarized plans; payment of recording fees; payment of all engineer fees; payment of applicable recreation fees; submittal and approval of an improvement guarantee with the placement of the improvement guarantee; placement of a 4% engineer's escrow; and compliance with the Township staff memo dated April 22, 2013.
Vote on the motion: All yes. The motion carried.

I. Time Extension Requests:

Oakhill Partners – Oak Hill Road October 28, 2013
Holiday Inn Express – Beacon Hill Blvd. June 24, 3012

Mr. Brown made a motion, seconded by Mr. Stanley to approve the two time extensions listed above.
Vote on the motion: All yes. The motion carried.

J. Zoning Hearings:

Mr. Waller advised that there were no cases submitted for May.

2. Request to Connect, Public Sanitary Sewer – 428 Valley Road:

Mr. Stanley made a motion, seconded by Mr. Minito to approve the request to connect to the sanitary sewer system, 428 Valley Road, due to a failing septic system contingent upon conformance to approved installation standards.
Vote on the motion: All yes. The motion carried.

3. Authorize Advertisement and Receipt of Applications for the Position of Chief of Police:

Mr. Pirritano made a motion, seconded by Mr. Stanley to advertise and receive applications for the position of Chief of Police.
Vote on the motion: All yes. The motion carried.

4. Authorize the Preparation of an RFP for a Traffic Impact Fee Study:

Mr. Stanley made a motion, seconded by Mr. Minito to authorize the preparation of necessary documents for an RFP for a Traffic Impact Fee Study.
Vote on the motion: All yes. The motion carried.

5. Ordinance No. 2013-4, Establishing a Maximum Speed Limit on a Township Street:

Mr. Stanley made a motion, seconded by Mr. Minito to adopt Ordinance No. 2013-4, establishing a maximum speed limit of 20 mph on Silver Lake Road between Siddonsburg Road and Cardinal Lane.
Vote on the motion: Mr. Allen, no; all others, yes. The Ordinance was adopted.

6. Authorize Disposal of Flow Meters:

Mr. Pirritano made a motion, seconded by Mr. Allen to authorize the disposal of two flow meters, serial numbers 030975 and 030976, as trade-in on two new meters.
Vote on the motion: All yes. The motion carried.

7. Discussion – Pension Plan:

Mr. Smith advised that the Pension Boards met with the actuary this afternoon. The value of the plans has increased but they are still under-funded. In 2008 the MMO (minimum municipal obligation) was $127K for the Police plan and $281K for the Non-uniform Plan. In 2011 the MMO was $313K for the Police plan and $379K for the Non-uniform plan. The Pension Board recommends a no smoothing plan. The actuary will prepare a resolution for Board action.

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April 29, 2013
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8. Discussion – Blighted Properties:

Mr. Waller said that the Board's prior direction was to try to work with property owners to bring them into compliance rather than issue citations and take legal action. Some, however, have chosen not to comply. At this time there are approximately 12 that remain in non-compliance. He asked the Board's permission to use more aggressive measures. He showed slides of three properties, showing the accumulation of junk and weeds. The Board members, with the exception of Mr. Allen who disagreed, concurred that the Codes Department should proceed with whatever measures are needed to bring these properties into compliance.

9. I & I Issues:

Mr. Smith discussed the ongoing problem of I & I in many areas of the Township. He advised that pipe repairs will be made in Green Lane Farms, Springer's Lane and Old York Road and others. Mr. Pirritano asked that the streets in Green Lane at least be patched this year.

10. Sewer Debt:

Mr. Smith advised that he and Mr. Stanley met with William Carlin and Jens Damgaard of Rhoads & Sinon in preparation for borrowing the funds necessary to complete the sewer projects and upgrades needed. He discussed the following items and said that sewer rates could see an increase of as much as $60/quarter by 2018.

Sewer
ACT 537 (By December 2016) $21,000,000.00
Turnpike bore (By March 2014) $800,000.00
Green Lane Farms (By 2018) $5,000,000.00
South Plant (By 2018) $10,000,000.00
*New Maint. Facility $2,500,000.00
Total $39,300,000.00
LST Fund
Fire Department (by Dec. 2014 10 year) $1,000,000.00
*Police Dept Building (by Dec. 2017 10 year) $4,000,000.00
Total $5,000,000.00

TOTAL OF ALL NEW DEBT $44,300,000.00
Amount may decrease subject to reduction if some consolidation of the two "*" items and
recovery of some tapping fees.

VI. OLD BUSINESS:

There was no old business discussed.

VII. NEW BUSINESS:

Mr. Jones stated that with reference to the agreement with Harry Fox, he was not a party to the construction of the document.

VIII. APPROVAL OF MINUTES:

Mr. Pirritano made a motion, seconded by Mr. Stanley to approve the minutes of the March 25, 2013 meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

Mr. Stanley made a motion, seconded by Mr. Minito to approve the minutes of the April 22, 2013 meeting of the Board of Supervisors.
Vote on the motion: All yes. The motion carried.

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April 29, 2013
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IX. RATIFICATION OF BILLS PAYABLE:

1. Mr. Minito made a motion, seconded by Mr. Pirritano 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 9:20 p.m.