FRANKLIN TOWNSHIP
BOARD OF SUPERVISORS
November 18, 2004
CALL TO ORDER
Chairman Ed Balsavage 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.
ROLL CALL
Present were Supervisors Ed Balsavage, Naomi Decker, Larry Lambert, Don Lerew, John Shambaugh, Engineer Tim Knoebel, Solicitor Edward Schorpp, Secretary Linda Hansen. Visitors included: Marlin Pletcher, Wayne Kober, Bob Eichelberger, Peggie Williams, John Holder, Art Bert, John Williams, Rodney Decker, Patrick Hephner, Stanley McGee, Rob Edwards, Gary Brown, Robert Davis, Brian Fahey, Jon Pletcher, Lynn Potts.
PLEDGE OF ALLEGIANCE AND PRAYER
Ed Balsavage led the Pledge of Allegiance and gave the opening prayer.
APPROVAL OF MINUTES
October 21, 2004 Minutes – Naomi Decker had a few minor changes. John Shambaugh made a motion seconded by Larry Lambert to approve the minutes with the above changes. Motion carried by unanimous vote.
November 11, 2004 Budget Meeting Minutes – Ed Balsavage made a motion seconded by John Shambaugh to approve the minutes. Motion carried by unanimous vote. The secretary stated she was not aware of a November 11, 2004 budget meeting and does not have minutes from that date.
October 27, Budget Meeting Minutes – Naomi Decker made a motion seconded by Ed Balsavage to approve the October 27th minutes. Motion carried by unanimous vote.
AGENDA AMENDMENTS
Recycling will be added as #4 under new business. Etnoyer Property and Sherwood Forest will be added under subdivision and land development. SEO will be added under the Engineer Report. Bill boards added under building permit officer. ADA requirements for the township building will be added as #5 under new business. Don Lerew stated he had complaints from people on election day about not having a railing by the sidewalk.
ORGANIZATION REPORTS
Police –Larry Lambert reported there were 104 calls in October with a total of 982 year to date. The report will be on file in the township office.
Franklintown Fire Company – A written report was faxed to the township office. There were a total of 13 calls in Franklin Township for the month of October. Naomi Decker thanked the fire company for the banquet. There is an appreciation plaque in the hall from Franklintown Fire Company.
Citizen’s Hose – A written report was faxed to the township. There were a total of 4 calls for the month of October.
Dillsburg EMS – Robert Davis was present. There were 11 emergency calls and 4 motor vehicle accident calls for the month of October.
Dillsburg Authority – No one was present.
Emergency Management – No report.
Planning & Zoning Committee – The comprehensive plan will be discussed later in the meeting.
SUBDIVISION AND LAND DEVELOPMENT
Stoney Run Townhouses – Stanley McGee was present and stated he is receiving run off from the townhouses. Matt Spade from York County Conservation wrote a letter to the township reporting they found a violation and they will follow up in November. No additional report has been received. Engineer Knoebel will call the conservation district and then he will contact Mr. McGee.
Harbold Tract – A letter was received from Brehm-Lebo Engineering asking for clarification on the subdivision and land development ordinance regarding depth to width ratio. No action will be taken until a plan is submitted. The secretary was directed to write a letter to the company stating the above.
John W. Hamm – The surveyor who prepared this plan has passed away. Engineer Knoebel referred to a memorandum dated October 28, 2004. The park and rec fee needs to be paid, property corner markers need to be installed, a stormwater management plan is needed for the lot. The planning commission recommended that the occupancy permit be with held until the storm water system is installed. The solicitor stated a deed of consolidation is needed for lots 2 and 2A. Ed Balsavage made a motion to approve the plan with the following conditions: bonding for the corner markers, park & recreation fee needs to be paid, a deed of consolidation satisfactory to the solicitor is prepared, a note on the plan that the stormwater system needs to be in place before an occupancy permit will be issued. The applicant must respond in writing that he agrees to these terms for approval by December 6, 2004 or the plan will be denied based on the memo from KPI dated October 28, 2004. The motion was seconded by Naomi Decker. Vote: Balsavage, Decker, Lambert, Lerew – Aye; Shambaugh – Abstained.
Robert Greenfield – John Shambaugh made a motion seconded by Larry Lambert to adopt Resolution 13 -2004 for the Greenfield Module. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – Abstained due to professional involvement. Rodney Decker sent a letter granting the extension until December 31, 2004. Ed Balsavage made a motion seconded by John Shambaugh to accept the extension. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker - Abstained.
Marlin & John Pletcher – John Williams was present. Last month a waiver was granted to Section 514.a (minimum & maximum width of a pan handle) of the subdivision and land development ordinance. John Shambaugh made a motion seconded by Larry Lambert to approve the plan with the condition of payment of the proper recreation fee. Motion carried by unanimous vote.
Rob Edwards – Mr. Edwards was present. He granted an extension until February 25, 2005. John Shambaugh made a motion seconded by Larry Lambert to accept the extension. Motion carried by unanimous vote.
Etnoyer Property – Naomi Decker said the planning commission minutes discussed a need for a land development plan. Engineer Knoebel said a site plan should be filed. The engineer will give the secretary guidance with the terminology for the letter to be sent to the owner.
Sherwood Forest – A pipe was hit by Glime Excavation. The supervisors decided it was up to Dillsburg Area Authority to make sure the pipe is fixed to their satisfaction.
REPORTS
Engineer
Perc & Probe Records – Naomi Decker would like perc and probe records for all testing done in the township. The perc and probe results we have now are only for the modules not the plans with post card applications. Tim Knoebel will have Gil talk to the secretary.
Solicitor
Ordinances for Insurance Agreements – Solicitor Schorpp cautioned the supervisors that the workers’ compensation agreement to join the Pooled Trust is for 4 years and the agreement for the MRM Property & Liability Trust is for 1 year. Ed Balsavage stated the reason to join these trusts was to lower the insurance costs for the township. John Shambaugh made a motion seconded by Larry Lambert to adopt Ordinance 5-2004 to join the MRM Property & Liability Trust. Naomi Decker stated the premium is not the bottom line. If the trust drops below a certain amount of money, they can assess each member of the trust to bring the funds back up. You can get out of the agreement in 4 years if the trust votes to let you out. The township could also be liable for charges for up to five years after they get out of the trust. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – Opposed for the reasons stated. Motion carried. John Shambaugh made a motion seconded by Larry Lambert to adopt Ordinance 6-2004 to join the Municipal Risk Management Workers’ Compensation Pooled Trust. Naomi Decker stated there are many variables. Doug Truax, our current insurance agent, said the biggest liability with any municipality is the police. If the township joins a trust with municipalities that have police forces, our liability can go up. Ed Balsavage stated we’re included in that now since we have police protection. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – Opposed. Motion carried.
Resolution to adopt Comprehensive Plan – Larry Lambert made a motion seconded by John Shambaugh to adopt Resolution 10-2004 to adopt the Northern York Regional Comprehensive Plan. Naomi Decker asked about the resolution in regards to the implementation schedule. Larry Lambert changed his motion to adopt the Comprehensive Plan subject to the condition that adoption of the plan does not obligate Franklin Township to enter into the implementation agreement. John Shambaugh seconded the motion and requested that the consultant who prepared the plan provide 12 copies. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – Opposed.
Building Permit Officer
Brian Fahey was present.
Chestnut Hill – Rowbottom Property – The supervisors reaffirmed that they are to be fined if the cars are not removed within 60 days.
Fox Junkyard – There are about 100 tires left. A citation must be issued.
94 Bethel Church Road Property – Mr. Fahey has received several calls about this property. They are building a butcher shop and no permits have been issued. No land development plan has been submitted to the township.
Bill Boards – Route 15 – The permits have been issued and the bill boards are in compliance with the subdivision and land development ordinance.
Demolition Permits – The supervisors decided they do not want to create a demolition permit.
Roadmaster
Gary Ocker prepared a written road report
Mr. Shields called the office stating he feels the improvements were outside of the right-of-way. The secretary told him she would add him to the agenda. Mr. Shields was not at the meeting. Supervisor Balsavage stated Mr. Shields has a garage that is very close to the right-of-way. The paving of the road is well within the right-of-way.
West Green House Road – John Shambaugh reported that he and the Roadmaster met with the engineer and they are working on that situation.
Park & Recreation
Ponderosa Park – Naomi Decker reported one of the park and rec board members contacted Eichelberger and DEP. The water can be treated with a DEP package of an ultra violet light, a monitor and an alarm that will treat 8 gallons per minute. They will not put the system in the well house. It must be put inside the kitchen to avoid contamination from the well house to the faucet. The cost will be between $1500 and $1800. If the bathrooms will be fixed, the water does not have to be treated there, but a sign must be posted that the water is not potable. Eichelberger has agreed to work with the park and rec board to give the best price possible. Ed Balsavage said it is within the normal operating budget.
Chain Link Fence – Supervisor Decker said they have access to chain link fence. The board approved use of a township truck to pick up the fence.
Park and Recreation Board Vacancy – Kent Emlet would like to serve on the park and rec board. Don Lerew made a motion seconded by Larry Lambert to appoint Kent Emlet to the park and rec board until December 31, 2005. Motion carried by unanimous vote.
Playground Equipment – The see saws were removed from the Century Park playground. The jungle gym and sliding board need to be removed. Naomi Decker has a sale catalog for playground equipment. This would be purchased through the state piggy back program. If the township purchases the challenger unit now, they will save over $2,000. The park and rec board would also like to purchase 2 handicap accessible seats, an infant seat and 3 grills. The total of all these items is $9874. The money is in the budget. Larry Lambert made a motion seconded by John Shambaugh to buy the above mentioned equipment. Motion carried by unanimous vote.
Carroll Township Grant – Naomi Decker had a concern regarding the letter sent to Carroll Township. She stated the letter is a misrepresentation of the recorded board action. She wants her letter of concern to be part of the minutes.
OLD BUSINESS
Release of Adelphia Performance Bond - A letter was received from Adelphia asking for release of the performance bond from Hanover Insurance Company. A new bond was issued from Travelers Casualty and Surety Company of America. A motion was made by John Shambaugh and seconded by Don Lerew to release the bond from Hanover Insurance Company. Motion carried by unanimous vote.
Playground Equipment – Ed Balsavage stated Art Bert had a great idea of selling the old equipment at the Century Lane Park. The solicitor recommended against doing this because of the township’s liability.
Tax Millage – Increasing the tax millage by .1 mil on an assessed property of $100,000 would increase the owner’s tax by $10.00. It was decided that the tax millage would not be raised at this time.
Budget - Ed Balsavage wanted it noted that Phyllis has done a great job preparing the budget. The budget has not been adopted yet.
Municipal Winter Traffic Agreement – Larry Lambert stated adjustments must be made to the budget for the municipal winter traffic agreement. The township can still get into the program and he would like our road crew to plow several of the state roads. It is a 5 year agreement, but the mileage can be reduced on an annual basis. Naomi Decker said the Roadmaster has already ordered the salt for the 2004 – 2005 winter season. Larry Lambert said that is a legitimate concern if it snows a lot, but who has the crystal ball. The agreement is worth close to $10,000 to plow 9.9 miles, it will net the township $5,200. Larry Lambert made a motion seconded by John Shambaugh to enter into the 5 year municipal winter traffic agreement to plow Clear Spring Road, Franklin Church Road, Mountain Top Road aka Brittany Lane, and Cabin Hollow Road. Don Lerew wanted to know if the township could add South Mountain Road to the list. The option to add roads is in the agreement. Lynn Potts wanted to know if the township could just try a small road first. Larry Lambert said other townships have tried this and it is not worth it. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – Opposed and wanted it noted that she is opposed for the following reasons: the Roadmaster is opposed to the agreement because of the calculations he prepared, Solicitor Schorpp stated it will increase the township’s liability, the township does not have the salt under contract, the state roads will probably take precedence over the township roads, in the past there have been good reports, but this year it will take longer to plow the roads. Larry Lambert said the state roads do not take precedence. John Shambaugh said Gary should be able to order salt from somewhere other than the state contract.
Budget – John Shambaugh made a motion seconded by Don Lerew to have the treasurer make the adjustments to the budget for the winter agreement. Income will need to be adjusted as well as expenses for plowing. An advertisement should be placed that the budget will be on display at the township office. Motion carried by unanimous vote. Larry Lambert said the treasurer should increase the expenses by 20 percent as it applies to the salt, equipment, anti-skid. Payroll should not increase by very much. Naomi Decker said she does not want to hear about the overtime. Don Lerew said the road crew should be sent home during the day after they are done plowing. Larry Lambert is tired of hearing about how much it is going to cost. It is only 9.9 additional miles they will be plowing.
Dillsburg Area Authority Positions – Both positions for the township are open. The township has been advertising since the beginning of the year for Charlie Bowers position. A letter was received from the DAA asking the township to re-appoint Lewis Albert. Mr. Albert has been on the Authority Board since 1988. The secretary was instructed to change the ads on the cable channel and web page; being a rate payer will not be required. A block ad should be placed in the Banner stating the township has volunteer openings on the planning commission and the DAA. Mr. Albert should be contacted to see if he is interested in being re-appointed.
Escrow Accounts – The treasurer prepared a memo. Two accounts, Harmony Plus Wood and Donald Cawthra, have no data available on them. Ed Balsavage made a motion seconded by John Shambaugh to return the escrow funds to these two accounts. Motion carried by unanimous vote.
NEW BUSINESS
Keith Miller Letter – Mr. Miller does not wish to be re-appointed for another term on the planning commission. An ad will be placed in the Banner.
Karen McCormick Letter – This letter requests that the township place signs regarding animal waste on the path from Twin Hills to South Mountain Elementary. This area was given to the school district. The secretary was directed to call Ms. McCormick.
Mike Thomas – Bjorn Apiaries – Mr. Thomas needs a letter stating the township does not have an ordinance which prohibits him from bottling honey in Franklin Township. The solicitor recommended writing a letter stating the township does not have zoning to prohibit this.
Recycling – John Shambaugh said recycling grants are available. There are two types; one for building and equipment, the other for operational costs. Documentation is required to show how much tonnage the township is putting out. Don Lerew wanted to know since the township does not receive money from the recycling center and it is run by volunteers, if this would make a difference when applying for grants. The secretary will contact York County Solid Waste to get the tonnage being taken there. Mike Bickert will be contacted regarding the tonnage at the recycling center.
ADA Accessibility to Township Building – The secretary was directed to contact the country regarding grants to get the township in compliance with the Americans with Disabilities Act.
CORRESPONDENCE
Northern York Community Services Foundation Letter - Gary Brown, the Vice President of NYCSF, was present. He reported that that the foundation has recently established a community center in the Dillsburg Community. Currently a free film series is being held at the old Northern Middle School auditorium. A kinder readiness class is offered Tuesday evenings. A Halloween Dance was held in October and a Christmas Dance is scheduled for December 18, 2004. More programs are in the works. The office for the foundation is temporarily located in the old middle school. The foundation has received financial support from various local businesses and municipalities and is asking for support from Franklin Township. Naomi Decker said she is glad the community center is being handled the way it is now instead of the way it was originally proposed and she would not be opposed to giving $1,000 to the foundation. Ed Balsavage made a motion seconded by Larry Lambert to give $1,000 to the Northern York Community Services Foundation. This money will be for program support. John Shambaugh would like the township to receive budget information and reports from the foundation. Mr. Brown said this would not be a problem. Motion carried by unanimous vote.
TREASURER’S REPORT
John Shambaugh made a motion seconded by Larry Lambert to approve the treasurer’s report. Motion carried by unanimous vote.
APPROVAL & PAYMENT OF BILLS
John Shambaugh made a motion seconded by Ed Balsavage to pay the bills. Motion carried by unanimous vote except Naomi Decker did not approve the payment of the zoning bill from KPI.
Larry Lambert made a motion to adjourn. The motion was seconded by John Shambaugh. Meeting was adjourned at 8:55 p.m.
Linda J. Hansen
Secretary