FRANKLIN TOWNSHIP
BOARD OF SUPERVISORS
January 15, 2004
CALL TO ORDER
Chairman Balsavage called the meeting to order at 7 pm. The meeting was held at the Franklin Township Municipal Building located at 150 Century Drive, Dillsburg, PA.
ROLL CALL
Present were Supervisors Ed Balsavage, Naomi Decker, Larry Lambert, Don Lerew, John Shambaugh, Solicitor Ed Schorpp, SEO Gil Picarelli, Secretary Linda Hansen. Visitors included: Rodney Decker, Rick Hoffman, Lynn Potts, John Williams, Patrick Hephner, Tracy Darwin, William Stahl Jr., Carl Zeigler, Sandee Bittner, Jobe Chronister, Brian Fahey, Tom Lucas, Kenneth Crist.
PLEDGE OF ALLEGIANCE AND PRAYER
Chairman Balsavage led the Pledge of Allegiance and gave the opening prayer.
APPROVAL OF MINUTES
Act 537 Hearing – Solicitor Schorpp recommended that the Board entertain a motion to appoint the supervisors who were present at the hearing as the hearing officers. There was not a quorum at the December 18, 2003 Act 537 hearing but since there was no action taken there is no need to have another hearing. Chairman Balsavage made a motion to appoint Supervisors Decker and Lerew as the hearing officers for the Act 537 special hearing held on December 18, 2003. Motion carried by unanimous vote.
December 26, 2003 – Naomi Decker would like to strike the second sentence on page 3. On page 4 under budget, the sentence about the highway budget should begin a new paragraph. Ed Balsavage made a motion to approve the December 23, 2004 minutes as amended. Larry Lambert seconded the motion. Motion carried by unanimous vote.
January 5, 2004 – Under appointment of chairman “to appoint” should be placed before Naomi Decker. Larry Lambert made a motion to approve the minutes as amended. The motion was seconded by Don Lerew. Motion carried by unanimous vote.
ORGANIZATON REPORTS
Police – Supervisor Lambert stated there is none at this time. Supervisor Lerew wanted to know what time frame was contracted with the police. The secretary talked to Chief Segatti last fall and was told Franklin Township does not have a contract with them. Supervisor Shambaugh stated it is an annual contract. The three to five years is a union labor contract. The supervisors agreed to ask Chief Segatti to come to the supervisors’ March or April meeting to address the township’s questions. Larry Lambert will ask Chief Segatti which date would be good for him.
Fire – Tom Lucas was present for both Citizens’ Hose and Dillsburg EMS. There have been 407 calls for the year 2003. He stated their computers have not been working but they will have monthly reports shortly.
Dillsburg EMS – No report was given.
DAA – No one was present. Solicitor Schorpp was asked if it is imperative to fill the position immediately or if it can wait. The solicitor said it is okay to wait.
Emergency Management – No one was present.
SUBDIVISION AND LAND DEVELOPMENT
John Crook – Larry Lambert made a motion to grant the extension to April 16, 2004. Ed Balsavage seconded the motion. Vote: Balsavage, Lambert, Lerew, Shambaugh; Aye- Decker abstained due to professional involvement. Motion carried. Rodney Decker agreed to the extension to April 16th.
Carl Zeigler – Ed Balsavage made a motion seconded by Larry Lambert to grant the extension to April 16, 2004. Mr. Zeigler verbally agreed to the extension. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye ; Decker abstained due to professional involvement. Motion carried.
Mr. Zeigler stated he is having problems with the sewage module. DEP sent a letter of disapproval of the sewage module. SEO Gil Picarelli told Mr. Zeigler he needs to submit another sewage module and he should talk to DEP before he submits the module so they can tell him exactly what they want. Supervisor Balsavage said the township can not do anything. Mr. Zeigler needs to contact his consultant and DEP to solve the problem of additional land for the easement. Mr. Zeigler stated the engineer and SEO should have known that DEP would not approve the perc and probes on the right of way.
Ernest Kauffman – This plan was conditionally approved. The two requirements that have not been met are the letter of credit and the developer’s agreement. John Shambaugh said he will follow up on this plan.
Bernice Rakes – John Williams was present and had a question regarding replacement testing. Solicitor Schorpp stated the new ordinance exempts this plan from replacement testing. Mr. Williams requested an extension to April 16, 2004. He will complete a new post card application for DEP. Ed Balsavage made a motion seconded by John Shambaugh to accept the extension to April 16, 2004. Motion carried by unanimous vote.
Lothar Krull – A letter was received requesting a 90 day extension. Solicitor Schorpp recommended accepting the extension to April 16, 2004 and the Krulls should confirm they agreed to the extension to that date. Gil Picarelli stated it appears that this lot was considered one lot even though there are two deeds. Solicitor Schorpp said the new ordinance amendment eliminates the requirement for replacement testing. Patrick Hephner wanted to know if the Krulls would be told since they are confused on what is required. Ed Balsavage stated their surveyor should contact the township office to obtain information on the new ordinance amendment. Ed Balsavage made a motion seconded by Don Lerew to approve the extension to April 16, 2004 subject to agreement by the Krulls. Motion carried by unanimous vote.
Dave Young – This plan was conditionally approved in June 2003. There are outstanding requirements that have not been met. Correspondence from the York County Conservation District was received this month. The improvement bond of $11,309 and the developer’s agreement have not been received. Supervisor Balsavage made a motion to have the solicitor send a letter to Dave Young. The motion was seconded by Supervisor Lerew. Motion carried by unanimous vote.
REPORTS
Engineer
A letter went to Wm. F. Hill regarding direction of engineering services but it needs to be voted on by the Board. Naomi Decker made a motion seconded by Ed Balsavage to have Jon Kilmer do the reimbursement for SEO fees for 2003 and have Fred Heerbrandt finish the Act 537 Special Study. The engineer and SEO files should be forwarded to KPI Technology. Motion carried by unanimous vote.
Solicitor
Stormwater Management Ordinance – Some of this is tied to the subdivision and land development ordinance. The solicitor feels it would be a good idea to have Engineer Tim Knoebel go over the ordinance before the advertisement and public hearing is scheduled. The
ordinance must go to the township planning commission and York County Planning 30 days prior to the public hearing. Ed Balsavage made a motion seconded by Don Lerew to forward the revisions to the township and county planning commissions. Motion carried by unanimous vote. Supervisor Shambaugh stated he had not received the revisions and the secretary also stated she had not received the proposed revisions to the subdivision and land development ordinance. Ed Balsavage made a motion seconded by Don Lerew to rescind the previous motion to send the revisions to the planning commissions. Motion carried by unanimous vote. Attorney Schorpp said he will send a copy of the subdivision and land development amendments to the secretary. They will be distributed to the supervisors and engineer.
Larry Lambert asked the solicitor if we are opening up possible litigation by requiring fences around storm water ponds. The solicitor said the plans need to be clear and the township does need to be careful.
Pearlman Letter – The solicitor sent a copy of the letter sent to Attorney Bangs. No action is needed at this time.
Building Permit Officer
Brian Fahey was present.
Non-Traffic Citation Forms – Brian will talk to the solicitor about completion of these forms.
Harry Fox Junkyard – Mr. Fox came to the township office in December to state he will begin removing the tires. Brian Fahey stated there were approximately 300 tires on the property. The Board directed the solicitor to send Mr. Fox a letter stating the tires should be removed by May 15, 2004.
Mrs. Hancock – This property is in violation of the junkyard ordinance. The secretary was directed to write a letter to Mrs. Hancock indicating she is in violation of the junkyard ordinance and she should contact the township upon completion of the necessary work to come into compliance.
House Numbering – Brian Fahey wanted to follow up on the house numbering. The secretary was directed to call the fire company and EMS to see if they would like the list of the properties that are not in compliance that was prepared by Lynn Potts.
Arnold Barn – The barn is down on one corner. The plan will not be recorded until the barn is removed. Solicitor Schorpp stated one driveway must be removed. Supervisor Shambaugh said the plan was conditionally approved. The 90 days to record the plan begins once the conditions have been met and the plan is signed. The solicitor will review the plan and it will be on the agenda next month.
Adopt-a-Rot Kennel - Mr. Fahey stated he inspected the kennel unannounced and found the kennel to be in compliance with the kennel ordinance. Lynn Potts said he is concerned about dogs getting loose and the barking is terrible. There is an animal ordinance that is enforced by the police regarding the nuisance of barking dogs. John Shambaugh made a motion seconded by Larry Lambert to issue the kennel permit to Sandra Bitner. Motion carried by unanimous vote.
Cupko Property – If this property is still in violation of the junkyard ordinance, Mr. Fahey needs to write a citation and submit it to District Justice Thomas. Solicitor Schorpp will help Brian with the citation forms.
Roadmaster
Runoff from Little John Drive – John Shambaugh said he will get together with the Roadmaster to inspect this property.
DAA Paving Schedule – John Shambaugh stated he will get together with Roadmaster Gary Ocker to talk about the paving schedule.
Park & Recreation
DASC – Naomi Decker stated she talked to Jim Maclay and he said DASC agreed to pay the entire $860, the amount to weed and feed the Ponderosa soccer field. A motion was made by Naomi Decker to send a letter of appreciation to the soccer club and send another letter to TruGreen telling them they can apply the chemicals to the Ponderosa soccer field. The soccer club will pay Franklin Township and Franklin Township will pay TruGreen. The motion was seconded by Don Lerew. Motion carried by unanimous vote.
Larry Lambert wanted to know if the soccer club is willing to help with the mowing.
Dillsburg EMS presented written reports to the Board for the past two months.
Ed Balsavage stated he talked to Steve Boone from the Dillsburg Area Soccer Club. Mr. Boone is not clear on the agreement the township is proposing for the work on the soccer fields. Naomi Decker presented a letter to the supervisors from DASC stating a 5 year agreement is not feasible. Ed Balsavage will write up the terms of the agreement and give them to the secretary to distribute to the other supervisors. It will be based on a 10 year amortization. The terms of the agreement begins when they are able to use the fields.
Ponderosa Park - Ed Balsavage asked when this park will be open to the public. Naomi Decker said French drains will be put in by the pavilion this spring by the township crew. The restrooms need to be repaired. A plumber will look at them. By the next supervisor’s meeting the park and recreation board will have a better idea of when the opening will occur. The supervisors and park and recreation board would like to have an opening party at the Ponderosa.
OLD BUSINESS
Appointment of Auditor – John Shambaugh made a motion seconded by Don Lerew to appoint Maureen Wilson as an auditor for Franklin Township. Motion carried by unanimous vote.
Secretary Pay – Discussion occurred of what other townships are paying their secretaries. This was tabled until executive session.
Employee Handbook – Larry Lambert said he has a problem with the part time snow plow drivers making time and a half. He stated last year one of the part time drivers worked 40 hours and 37 of them were paid at time and a half. He said another driver worked 106 hours and 64 ½ were paid at time and a half. The solicitor stated that a board action is needed to change the handbook. A motion was made by Ed Balsavage to amend the employee handbook regarding part time road workers only as follows: All hours to part time road workers shall be paid at the straight time rate except for the following where the part time road workers will be paid at 1 ½ times the straight time rate: (1) From the hours of 12 midnight to 6 a.m. (2) If more than 8 hours are worked in one day (3) If more than 40 hours are worked in one week (4) On Sundays and township holidays. No double time will be paid to part time employees. The motion was seconded by Larry Lambert. Motion carried by unanimous vote.
Compensation for Planning Commission – Ed Balsavage made a motion seconded by Larry Lambert to pay the planning commission $25 per meeting. Motion carried by unanimous vote.
Vacancy for 2 Park & Rec Board Members – This was tabled until after the Park and Rec Board meets next week.
Recycling Coordinator – Mike Juliana is retiring from this position. He volunteered to start this program for Franklin Township and is not a resident of Franklin Township. Mr. Juliana should be contacted and asked to attend the next meeting so the supervisors can make a public presentation to him. An ad for a replacement coordinator should be placed in the Dillsburg Banner. If possible it should be advertised on the front bulletin board. The secretary will contact the high school for community service students.
Treasurer’s Bond – Larry Lambert made a motion seconded by John Shambaugh to set the treasurer’s bond at $700,000, the same amount as last year. Motion carried by unanimous vote.
NEW BUSINESS
State Convention Registration – Ed Balsavage made a motion to approve registration for all supervisors, Roadmaster, Secretary, and Treasurer.
Assistant Treasurer, Assistant Secretary – In a small office the staff needs to be cross trained. Solicitor Schorpp said the secretary can be trained in payroll without needing to be bonded. The bonding is needed for the treasurer since she is responsible for making sure the money is properly deposited. Ed Balsavage made a motion seconded by Naomi Decker to have the office staff work with one another to educate each other on their duties but keep the current titles. Motion carried by unanimous vote.
Comprehensive Plan – Ed Balsavage said a public hearing for the comprehensive plan is tentatively scheduled for February 23, 2004 at 7 pm. The location of this meeting has not been announced. This is a joint meeting for all municipalities involved with the plan. The township is required to have a quorum of supervisors present at the meeting. Supervisors Balsavage, Lambert, and Decker said they could make the meeting. Supervisor Lerew said he will attend if he does not have to work.
Field Maintenance - A letter was received from Quality Lawn Care proposing to take care of the mowing for the township. Solicitor Schorpp stated the advertisement requirements depend on the amount of the costs to mow. John Shambaugh will get together with Gary Ocker to determine the costs to mow the township properties.
Part Time Road Crew Worker – The supervisors received a resignation letter from Brian Gayman. John Shambaugh will discuss the needs with Gary Ocker.
PUBLIC COMMENT
Carl Zeigler wanted to know if the septic system at the Ponderosa was tested before it was purchased by the township. The supervisors stated it was not but it will be before the park is opened.
Chain Saw Road - Jobe Chronister of 146 Chain Saw Road wanted to know what the policy is for parking on township roads. He stated there is a dangerous situation where he lives. Cars are parked next to his drive way and he can not see to get out. Solicitor Schorpp said if a vehicle is causing a dangerous situation, the police should be contacted. Supervisor Lambert said he will ask the police about parking on Chain Saw Road. The solicitor will check if the township has the authority to post signs. If it is not in the traffic ordinance the current ordinance can be amended.
Northern Regional Police told the secretary they will be giving Supervisor Lambert a report on posting of signs on Chain Saw Road and in Sherwood Forest and Twin Hills developments.
Universal Building Code - Supervisor Lambert called Dillsburg Borough and Carroll Township regarding the implementation of the universal building code. It was suggested that Franklin Township get together with Carroll Township and Dillsburg Borough to discuss opting in to use the same inspection firm. Solicitor Schorpp said the opting in period will be April 9th through July 2004. On March 2, 2004 there will be a course at the PSATS office in Enola that will allow the township to administer the program. John Shambaugh stated the administrator of the program will not be someone at the township unless the township is doing the inspections. Larry Lambert will get a pamphlet from PSATS regarding this course. No decision has been made whether Franklin Township will opt in or opt out.
CORRESPONDENCE
Trash on Chain Saw Road – A letter was received from Pam Eichelberger regarding trash at 120 Chain Saw Road and 150 Chain Saw Road. Jobe Chronister stated the trash at 150 Chain Saw Road has been cleanup today. Mr. Chronister will call the township to report if the trash at 120 Chain Saw Road is still there.
Clean-up Policy of Deer – Lynn Potts stated there is a deer on Mountain Road near the elementary school and it has been there for quite some time. The secretary will call both Penn Dot and the Game Commission regarding the pick up policy for dead animals.
TREASURER’S REPORT
Larry Lambert made a motion seconded by Don Lerew to approve the treasurer’s report as submitted. Motion carried by unanimous vote.
APPROVAL & PAYMENT OF BILLS
Payment policy will be kept at once a month. The question was asked if the change of the supervisor’s meeting to the third week of the month will make any difference. Phyllis will prepare a list of bills that may incur late fees under the current payment police. Larry Lambert made a motion seconded by Naomi Decker to approve and pay the bills.
Ed Balsavage asked the Board if the agenda could be closed by the end of the business day the Monday before the meeting. All supervisors agreed this would be the new policy for the agenda.
Break 10:05 pm – 10:10 pm
Executive Session 10:10 pm – 10:16 pm
Ed Balsavage made a motion seconded by Don Lerew to set the secretary’s pay at $15.50 per hour and the treasurer’s pay at $15.50 per hour. Motion carried by unanimous vote.
Larry Lambert made a motion to adjourn. The motion was seconded by Ed Balsavage. Meeting was adjourned at 10:20 p.m.
Respectfully submitted
Linda J. Hansen
Secretary