BOARD OF SUPERVISORS
October 21, 2004
CALL TO ORDER
Vice Chairman Larry Lambert called the meeting to order at 7 p.m. The meeting was held at the Franklin Township Municipal Building located at 150 Century Lane, Dillsburg, PA.
Present were Supervisors Naomi Decker, Larry Lambert, Don Lerew, John Shambaugh. Supervisor Balsavage arrived later in the meeting. Engineer Mike Begis, Solicitor Edward Schorpp, Secretary Linda Hansen. Visitors included: Marlin Pletcher, Kay Fabich, Peg Williams, Richard Blouch, B. Sheaffer, Traci Cook, Rodney Decker, Paul Kimmel, Wayne Kober, Marlin Addams, John Williams, Bob Shelly, Pat Shannon, Bob Shannon, Lauren Fleming, Brian Fahey, Tim Rowbottom, Nina Rowbottom, Lynn Potts.
PLEDGE OF ALLEGIANCE AND PRAYER
Larry Lambert led the Pledge of Allegiance and Naomi Decker gave the opening prayer.
APPROVAL OF MINUTES
September 16, 2004 – Naomi Decker had several minor changes. John Shambaugh stated he voted no to the motion passed regarding the material put on Bethel Church Road. Larry Lambert made a motion seconded by John Shambaugh to approve the minutes with the above changes. Motion carried by unanimous vote.
Supervisor Lambert stated Pat Shannon of Sherwood Forest was moved up to follow Park and Recreation. Naomi Decker added Sherwood Forest sketch plan under Engineer report. Perk & probe records was added under SEO report.
Police –Larry Lambert stated there were 878 calls to the township year to date, an increase of 4 percent.
Franklintown Fire Company – Dick Blouch was present. There were 31 calls for September with 13 of them in Franklin Township. The Fire Company has blue grass sessions every Thursday night. On Saturday November 6th Cashers Flat Blue Grass band will be at the Fire Company. There will be a chicken dinner on Sunday November 14th.
Citizen’s Hose –. Traci Cook was present. She said the number of calls on the report do not add up, but she will get a corrected report to the township.
Dillsburg EMS – Traci Cook said there were 103 calls for the month of September, with 13 of them in Franklin Township. There is a lot in house training occurring at the present time. The block party at South Mountain Estates was a great event. The children loved it. Dillsburg EMS will be teaching CPR. They appreciate the township’s help with advertising the address signs.
Dillsburg Authority – No one was present.
Emergency Management – Laurin Fleming was present. He had previously submitted a written report. The requests for quotes were sent out this week. Mr. Fleming wanted to know how many supervisors were planning on attending the county training this Saturday. Naomi Decker said she may be able to attend and will get back to Laurin.
Planning & Zoning Committee – Wayne Kober reported that Randy Beck from York County Planning was present at the October 14, 2004 meeting. Mr. Beck gave an excellent presentation. Mr. Kober prepared a report of the meeting for the Board. He stated it is essential that the Board adopts the comprehensive plan. Dillsburg Borough and Carroll Township sent letters stating they have adopted the plan dated September 2004. The subdivision and land development ordinance will need to be redone. This can be done concurrently with the zoning ordinance or after the zoning ordinance is completed. Mr. Beck emphasized the importance of having the supervisors, planning commission and public involved with the development of the zoning ordinance. Once the zoning ordinance is in place, a zoning officer and zoning hearing board will be needed. The board of supervisors will appoint the zoning hearing board members. The supervisors can not act on zoning appeals. The zoning hearing board can be 3 or 5 members. The members’ terms will be staggered. York County Planning is very willing to help the township with the zoning ordinance. Naomi Decker said Mr. Kober did a good job of writing the notes from the zoning meeting.
SUBDIVISION AND LAND DEVELOPMENT
Marlin & John Pletcher – John Williams was present. A waiver request was received last month to allow the driveway to be placed within five feet of a storm inlet. This waiver request was withdrawn. A new waiver request was presented by Mr. Williams asking for a waiver from Section 514.a which allows a maximum panhandle width of 30 feet. Engineer Mike Begis said this was discussed last month. Naomi Decker asked about the deed to transfer the frontage. Mr. Williams had the deed faxed to him from Barley & Snyder, Attorneys at Law, that showed in 1999 Mr. Blevins conveyed the property to the Boy Scouts. John Shambaugh made a motion seconded by Don Lerew to approve the waiver request regarding Section 514.a and to place a note on the plan stating there is a recorded deed for the road frontage. Motion carried by unanimous vote. John Williams granted an extension until December 27, 2004. John Shambaugh made a motion seconded by Larry Lambert to accept the time extension. Motion carried by unanimous vote.
Range End Commerce Center – A waiver granting an extension until December 27, 2004 was received. Larry Lambert made a motion seconded by Don Lerew to accept the extension. Motion carried by unanimous vote.
Paul Kimmel - John Williams was present. DEP rejected the post card application. Mr. Williams granted an extension until February 25, 2005. Larry Lambert made a motion seconded by Naomi Decker to accept the extension. Motion carried by unanimous vote. Paul Kimmel was present and said he was told by Mr. Richenderfer that he does not know why a nitrate study is needed. DEP ordered the nitrate study since they feel he is within one quarter mile of a high nitrate area. Solicitor Schorpp said the best person to contact DEP for Mr. Kimmel would be Mr. Richenderfer.
Rob Edwards – A letter was received asking for a waiver from having to do replacement testing. An ordinance that was recently adopted eliminates the need for replacement testing for an add on lot. The Board of Supervisors determined a waiver is not needed since they are just changing lot lines.
Zoning Report – Tim Knoebel prepared a report on the status of the zoning ordinance. Tina Fackler from Planning Principles, LLC, will be working with KPI in development of the zoning ordinance. A zoning workshop was scheduled for November 16, 2004 at 7 p.m.
Escrow Accounts – Mike Begis presented a report on the escrow accounts. He stated nothing could be found on some of the accounts. Naomi Decker asked about Number 17. The surety for stormwater has been released. She would like Engineer Begis to take another look at this plan. John Shambaugh made a motion to return the escrow for the accounts that appear complete. Mike Begis also questioned the time he spent and if it is possible to deduct fees. John Shambaugh said he does not feel it would be fair to bill the accounts for the engineering time. This should be administrative costs of the township. John Shambaugh revised his motion to return the escrow funds that appear to be complete from 1999 and prior. Larry Lambert seconded the motion. Motion carried by unanimous vote.
Stoney Run Stormwater Complaint - Matt Spade from York County Conservation checked this site. The letter was delivered to the township yesterday stating they are in violation of the Erosion Control Rules and Regulations. Mr. Spade will follow up in November.
Sherwood Forest Sketch Plan – Naomi Decker stated that $500 was to be put in escrow before the engineer was to review a sketch plan by RGS Associates. The $500 was never received but a plan review was sent to RGS Associates. Attorney Schorpp did not recall receiving a review of the plan. Testing has been done and a water pipe was hit. Mike Begis will check with Tim Knoebel.
Etnoyer’s Property – Matt Spade of York County Conservation checked on this site. A letter was received and he will follow up in November. Naomi Decker said lighting is a concern and a letter should be written. John Shambaugh stated this is a safety issue and the police should look at the light at this property.
Hickory Road Property – Gil Picarelli looked at the property and could not see any evidence of a malfunction. To do a more thorough investigation, he would need to write a letter to the owners telling them he received a complaint and he needs to come on their property to do an inspection. Larry Lambert made a motion seconded by John Shambaugh to have the SEO write a letter to the property owners to schedule an on site inspection. Motion carried by unanimous vote.
Perc & Probe Records – Naomi Decker stated in the August 19th minutes it was agreed upon the perc and probe records would be brought to our office by Gil Picarelli. The secretary will call Gil to ask him about the records.
Resolution to Amend Building Permit & Related Fees – York County Planning called to say their fees for UCC appeals will be $200 for non hearing appeals and $400 plus stenographer costs for hearing appeals. Bob Shelly stated his administrative fees have not changed. The proposed fee schedule changes permit fees under the UCC to be based on $7 per $1,000 value of construction. John Shambaugh made a motion seconded by Larry Lambert to adopt Resolution 2004-11 with the purposed fee schedule and appeal fees set at $250 for non hearing appeals and $500 for hearing appeals. Motion carried by unanimous vote.
Building Permit Officer
Brian Fahey was present.
Ted Laukeman’s Bus Dispatch – A letter was received today from Roher Bus regarding Ted Laukeman’s property. The trailer has been tied down.
Fox Junkyard – There are still around 100 tires that need to be removed.
42 Chestnut Hill Road – Nina and Tim Rowbottom were present. A non UCC permit was issued about 2 months ago for a garage. Mr. Rowbottom stated it would take about 4 months until the garage is completely finished and he will be giving 4 cars to someone else next month. Mrs. Fabich, a neighbor, was present. She and other neighbors are very upset about the cars. The Chestnut Hills subdivision has deed restrictions prohibiting unlicensed cars. Supervisor Lambert made a motion seconded by Don Lerew that the unlicensed cars must be removed within 60 days to be in compliance with the township junkyard ordinance. If the cars are not removed the Rowbottoms will be fined. Motion carried by unanimous vote.
Gary Ocker prepared a written road report
Mr. Shields call Supervisor Decker regarding his property. He feels each time improvements are done to the road, they go to his side of the road. The Board directed the secretary to write a letter stating that based on the cursory review, the township does not feel an encroachment of his property has occurred. If the improvements have not been within the 16 ½ feet right-of-way, Mr. Shields should contact the township.
Municipal Winter Traffic Agreement – Larry Lambert did some calculations indicating that it would be beneficial for the Township to consider plowing some of the state roads. Based on the snow removal for the past two years, the average is $21,564. If the township would plow the state roads they would receive $16,700. If the township would plow 9.9 miles of state roads, the savings would be $5,350. There is a clause in the agreement regarding excessively heavy snow years; the township would be able to recover more money. The agreement is for 5 years and the township can choose the roads they would plow. The solicitor advised that different roads have different maintenance standards. A decision was tabled until the budget meeting when the supervisors can talk to the roadmaster.
West Green House Road – The engineer was directed to look at a pipe under the road that has an erosion problem. The roadmaster will be able to show the engineer where the pipe is.
Sherwood Forest – The work has been completed on Little John Drive.
Park & Recreation
Ponderosa Park – Naomi Decker reported last month that well testing has been done. They will talk to a well driller about having a test well drilled since the well was shocked and still is not potable. Ed Balsavage said water treatment is more cost effective than having another well drilled. The wiring was completed at the Ponderosa. The DCNR grant application was sent in and the grants will be awarded in the Spring.
Sherwood Forest Vandalism – Patricia Shannon had neighbors in Sherwood Forest sign a letter requesting more police protection in their neighborhood. There was over $3,000 in damage done to their new motor home. Larry Lambert called the police and they had no report of damage to the motor home. Mrs. Shannon stated Officer Anderson came to take the report. She talked to Officer Anderson on the phone at a later date and he told her he was not the officer who responded to the call, and then he said he was. Apparently a report had been written since the insurance company paid for the damages. Mrs. Shannon feels there is a bad element in their neighborhood at this time. Supervisor Lambert will talk to Northern York Regional Police again.
Carroll Township Grant Application – Ed Balsavage got an email from Diane Price requesting a letter of support for a grant they are applying for. Diane Price feels Naomi Decker’s comments at the meeting in York damaged their ability to get a grant for a park. Charles Noll talked to Supervisor Decker about attending the meeting. Mr. Noll thought that Franklin Township was in agreement in the purchase of the land. The secretary stated Carroll Township had not forwarded any information to the township regarding the grant application. John Shambaugh stated he can understand Naomi’s point of view since the township was listed as being supportive of the grant application, but in fact the township was never notified of the application. Ed Balsavage said we are not being asked to sign an intergovernmental agreement; Carroll Township would like a letter of support. Ed Balsavage said Supervisor Decker represented her opinions as the Boards. Naomi Decker stated this was not so and any of the supervisors can call the county commissioners to verify this. Supervisor Balsavage made a motion seconded by Supervisor Lambert to write a letter of non objection to Carroll Township’s application for a grant. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – Opposed. Motion carried.
Break 9:35 – 9:45 PM
Insurance Agreement – Larry Lambert talked to Bill Pilconis. There is potential to get a payback from Workers’ Compensation Insurance. The premiums quoted by Mr. Pilconis’ company would save the township close to $3,000. Raising the deductible to $1,000 on the property insurance would save the township around $1000 per year. John Shambaugh made a motion seconded by Larry Lambert to have the solicitor prepare an ordinance and advertisements required for the township to sign the agreements with the HDH Insurance Group. Motion carried by unanimous vote.
Joint Municipal Agreement – This is an agreement between Franklin Township and Franklintown Borough that was signed in February of 1994. Larry Lambert talked to Franklintown Borough President Leon Rudy. They settled on a back payment of $400 with an agreement to pay $100 per year for snow removal for Glenview Drive. Franklin Township will do paving and maintenance of the Franklin Township section of Glenview Drive. Ed Balsavage made a motion seconded by Don Lerew to pay Franklintown Borough $500 and have the solicitor prepare a new agreement. The payment of $500 is for the $400 back payment and $100 for 2004-2005 snow removal on the Franklin Township section of Glenview Drive. Motion carried by unanimous vote.
Comprehensive Plan – Dillsburg Borough and Carroll Township sent letters stating they have adopted the September 2004 Comprehensive Plan. At the August 2004 meeting it was decided a public meeting would occur in Franklin Township after Dillsburg Borough and Carroll Township settled their differences. There were no changes made to the plan regarding Franklin Township. The public hearing will be at 6:30 pm. on November 18, 2004 prior to the regular supervisors’ meeting. The hearing will be advertised in the Dillsburg Banner.
West Shore Tax Service – Ed Balsavage made a motion seconded by Don Lerew to adopt Resolution 12-2004 designating West Shore Tax Bureau as Franklin Township’s collection agent and appointing Larry Lambert as the representative to the Board of Directors. Motion carried by unanimous vote. Ed Balsavage made a motion seconded by John Shambaugh to approve the West Shore Tax Bureau Budget. Motion carried by unanimous vote.
Humane Society Animal Protection Service Agreement – John Shambaugh made a motion seconded by Larry Lambert to sign the agreement with the West Shore Humane Society. Motion carried by unanimous vote.
Tax Millage – Larry Lambert checked with Carroll Township and their rate is the same as Franklin Township. He stated a small increase may be in order since zoning will create more expenses for the township. This was tabled until the budget meeting.
York County Bar Association – A letter was received from BYB&R requesting a list of township agreements. No action was taken.
Charles Bowers Letter – John Shambaugh stated the Roadmaster is aware of the letter. Normally tree trimming is scheduled in late fall.
Conewago Watershed Conservation Plan – They are requesting a survey of projects. John Shambaugh stated he will try to attend the meeting scheduled on November 3rd. The survey was tabled.
Franklintown Fire Company Banquet – An invitation was received from the fire company for two supervisors and their guests. Naomi Decker said she will attend the banquet.
Aon Risk Services – A letter was received from Aon Risk Services. The secretary called Mary O’Leary from Aon inquiring about the letter. Ms. O’Leary never responded to the request for clarification.
The budget meeting is scheduled for October 27, 2004 at 7 p.m. The zoning workshop is scheduled for November 16, 2004 at 7 p.m. Supervisor Balsavage asked that the supervisors do their homework regarding the budget so that they are prepared for the 27th.
Larry Lambert made a motion seconded by John Shambaugh to approve the treasurer’s report. Motion carried by unanimous vote.
APPROVAL & PAYMENT OF BILLS
Naomi Decker asked the engineer who is the environmental planner? Dominick Picarelli is doing the back ground research for the zoning ordinance. Larry Lambert made a motion seconded by John Shambaugh to pay the bills. Motion carried by unanimous vote except Naomi Decker did not approve the payment of the bill from KPI for the zoning work.
EXECUTIVE SESSION 10:34 pm – 10:35 pm
Larry Lambert made a motion seconded by Ed Balsavage to pay Phyllis Emlet 3 ½ hours for each holiday. Motion carried by unanimous vote.
Larry Lambert made a motion to adjourn. The motion was seconded by Ed Balsavage. Meeting was adjourned at 10:37 p.m.
Linda J. Hansen