FRANKLIN TOWNSHIP
BOARD OF SUPERVISORS
February 19, 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, Patrick Hephner, Carl Zeigler, Todd Cook, Rick Jones, Traci Cook, Lewis Albert Jr., Barbara Wise, Scott Yeagy, Peggie Williams, Brian Fahey, Mike Sunday.
PLEDGE OF ALLEGIANCE AND PRAYER
Chairman Balsavage led the Pledge of Allegiance and gave the opening prayer.
APPROVAL OF MINUTES
December 18, 2003 – Supervisors Decker and Lerew were appointed as the Hearing Officers at the January 15, 2004 meeting. Naomi Decker made a motion seconded by Don Lerew to approve the minutes from the December 18, 2003 Special Study Discussion. Motion passed. Supervisors Balsavage, Lambert, and Shambaugh abstained since they were not present at the December 18, 2003 meeting.
January 15, 2004 – Supervisor Decker requested the following changes be made to the minutes. Page 1, line 3, under approval of minutes, the “a” should be deleted before “taken”. Under Fire organization reports “and Dillsburg EMS” should be added after Citizen’s Hose. For Dillsburg EMS “No report was given” instead of No one was present. Page 2 the second sentence under Lothar Krull should state “extension” instead of “exception”. Page 3 the last sentence under Mrs. Hancock should be complete with “ of the necessary work to come into compliance.”
On page 4, the first sentence under Park & Recreation, “Mr. Maclay” should be replaced with “DASC”. Page 5, the last sentence under Comprehensive Plan the word “if” after “said” should be changed to “he”. Ed Balsavage made a motion seconded by Larry Lambert to approve the minutes with the above changes. Motion carried by unanimous vote.
Naomi Decker asked if the secretary could do a second draft of the minutes within a certain time frame before the supervisors’ meeting. The secretary said she would not mind doing a second draft. Ed Balsavage said he does not mind having grammatical changes submitted and noted at the meeting these changes will be made.
Recognition of Mike Juliana – The supervisors wanted to express their appreciation to Mr. Juliana for all his years of service since he was the founder and volunteer coordinator of the Franklin Township recycling center. Mr. Juliana was not present. A plaque was made and will be given to Mr. Juliana. The recycling center is run completely by volunteers.
AGENDA AMENDMENTS
There were no amendments.
ORGANIZATON REPORTS
Police – Supervisor Lambert gave the police report. There were a total of 106 calls for the month of January, 2004. The report will be on file in the office.
Dillsburg Citizens Hose – Todd Cook was present. He gave written reports for the year end totals for both training and calls. There were a total of 321 calls for 2003. Of these calls, 53 were in Franklin Township. The family fun night in February was a big success. Another family fun night is scheduled for the beginning of May. Ed Balsavage expressed his appreciation for the volunteer staff at Citizens Hose and Dillsburg EMS.
Franklintown Fire Company – No one was present.
Dillsburg EMS – Traci Cook was present. There were a total of 115 calls for the month of January with 21 of these calls in Franklin Township.
DAA – Lewis Albert Jr. presented a written report. Year to date there have been 4 sewer and 4 water hook ups.
Emergency Management – No one was present.
SUBDIVISION AND LAND DEVELOPMENT
Lothar Krull –Engineer Knoebel stated at the planning commission, the plan was conditionally approved subject to several conditions: addressing engineering comments, approval of the sewage module, and clarification of the amendment to the On-Lot-Disposal-System Ordinance. There is a question whether this is one lot or two lots. Mr. Jarmolenko was present and stated the sewage module he had submitted was missing. The module has been obtained from Hill Engineering. The module has the original plan that was submitted. This is the appropriate plan that should be used for the subdivision. Naomi Decker wanted to know if Mr. Krull could be issued a waiver for the replacement testing. Solicitor Schorpp said the waiver would be for the subdivision and land development ordinance, not the OLDS ordinance. It is the solicitor’s opinion the amendment to the OLDS ordinance takes care of the issue regarding replacement testing. Tim Knoebel said the sewage module is complete. Ed Balsavage made a motion seconded by John Shambaugh to approve the module and send it to DEP. Motion carried by unanimous vote. There is a waiver request for the lot width. John Shambaugh made a motion seconded by Larry Lambert to grant the waiver for lot width. Motion carried by unanimous vote.
It is the solicitor’s opinion that a deed of consolidation should be done using the original (old) plan submitted. The outstanding requirements are: payment of the $650 park and recreation fee, deed of consolidation, approval of the sewage module and all markers must be in place. Action is not required until April.
Time Extensions – The common practice had been that time extensions were granted for 90 days. At the January meeting it was changed to the day after the meeting date. Naomi Decker stated this does not give enough time if for some reason action can not be taken at the supervisors’ meeting. It was decided that the extension date would be 2 weeks after the supervisors’ meeting.
REPORTS
Engineer
Stoney Run Townhouses Phase I - Tim Knoebel reported that the developers of Stoney Run Townhouses inquired about making a small change to the outlet structure of the detention pond. They wanted to change an orifice from 8” to 7 ˝”. Tim told them he recommends keeping it the same and to lower the base and the elevation around the orifice.
Completeness Review – Tim stated about a year ago there was an amendment to the subdivision and land development ordinance stating a completeness review should be done. Tim prepared a check list. At the current time the engineer will do the completeness review. If a plan is found incomplete, the applicant will be notified and will be given to the supervisors’ meeting to make the plan complete or withdraw the plan.
Sub-Contractors – Some of the plans have traffic studies. KPI does not review traffic studies. They will use another firm and bill the township at direct cost.
Solicitor
The solicitor had no report.
Building Permit Officer
Brian Fahey was present.
Barb Wise – Ms. Wise would like to build a riding ring and a garage. The supervisors gave their permission to issue a building permit for the garage.
Arnold Property – The barn has not been removed. Both houses appear to be occupied.
Chestnut Hills – The letter received from Mr. Forbes’ attorney stated the probe holes were filled in. He stated the tires were used for his construction equipment. The property will be checked in the Spring to determine if the tires are a potential West Nile Virus hazard.
120 Chain Saw Road – There is a 1950 Ford truck, a trailer, and an appliance. Mr. Fahey does not feel this property is in violation of the junk yard ordinance.
Cupko Property – Mr. Fahey reported this property is still in violation of the junk yard ordinance. He stated tomorrow morning the paper work will be filed.
Loretta Pesano Letter – Brian stated he checked the property at 380 Franklin Church Road and does not feel it is a violation of the junk yard ordinance. Larry Lambert said he will talk to Loretta Pesano.
Northern York School District Letter – The school district is requesting building permit information be sent directly to them. Currently the information is sent to the county assessment office and they supply the information to the school district. Brian Fahey currently sends occupancy permit informtion to the school district. Solicitor Schorpp stated it is not necessary to supply the building permit information to the school district since it is being sent to the assessment office. The secretary was directed to call the school district to let them know the information will be sent to the assessment office.
Building Code Official Course – Ed Balsavage made a motion to authorize Brian Fahey to take the building code official course. The motion was seconded by John Shambaugh. Motion carried by unanimous vote.
Road Master
Gary Ocker prepared a written road report.
John Shambaugh met with Gary to discuss mowing time and costs. Supervisor Shambaugh gave everyone a copy of the mowing report prepared by Gary. Last year Ponderosa Park was mowed every two weeks but this year it may need to be done every week. It was estimated that there are 30 weeks of mowing. He stated there was some misunderstanding that all Brian did was mow during the summer months. John Shambaugh stated that Gary would like the part time road worker hired to have a CDL. The mowing report was put together to determine if the township wants to bid for mowing. Naomi Decker questioned the quality of work that would be done. The bid specifications would have to state the quality expected. Rick Hoffman questioned whether it wouldn’t be better to have a third man working for the township who knows how to do everything that is needed which includes mowing, road work, maintenance, snow removal. Advertising a part time position that offers more hours would be more attractive for potential applicants. The secretary should contact Logan Park to get the specifications for mowing. The specifications should be fine tuned with Gary to meet the township’s mowing requirements. John Shambaugh made a motion seconded by Larry Lambert to advertise a public bid for mowing. Motion carried. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – Opposed. An ad must be put in the Banner by March 1, 2004. Bids must be received by the day before the next supervisor’s meeting. The solicitor stated the advertisement can be put twice in the same newspaper. Due to the shortage of time, the ad may have to be placed in the Patriot.
Larry Lambert questioned what snow 3 is. The secretary stated this is double time for snow removal. Supervisor Lambert also said part time workers received over time. John Shambaugh will talk to Gary about this.
Ed Balsavage said we need to place an ad for a part time road worker. Naomi Decker said we will not know the hours if the mowing is bid out. It was decided by the time they start interviewing for the part time position, they will know if the mowing will be done by contract and will be able to tell the applicants the hours of the position. John Shambaugh made a motion seconded by Larry Lambert to advertise for a part time road worker. Motion carried by unanimous vote.
Park & Recreation
Ponderosa Park – Naomi Decker said the soft ball association will begin working on the fields. An electrician came and did the work necessary, and the electric will be turned on tomorrow. A plumber has not yet been to the park to check the plumbing. They are looking into 6-8 foot trees. One of the board members has an orchard and he may be able to get a 30 – 40% discount. The park and rec board wants to put a walkway around the park. The tentative opening date for the Ponderosa is the beginning of July.
Currently they have a seven member board but are considering going back to a 5 member board. Naomi Decker said one of the members does not come to the meetings, but if the need arises for a 7 member board, they may go back to that.
Don Lerew wanted to know when people can start reserving the Ponderosa Park. It was decided the township will take reservations for the Ponderosa the first week of July.
John Shambaugh wanted to know if there was a master plan for the Ponderosa Park. There is no master plan at this point. A master plan is needed to receive funding. FPE Consulting Engineers has an employee who specializes in this type of design. Naomi Decker asked why Sally Holbert was asking for a lot of information on our parks and was not coming to the meetings to address it. Ed Balsavage stated the information she is requesting is public information and is needed for a multi-municipal recreation plan. John Shambaugh said Franklin Township does not have a signed contract obligating the township to the plan. Ed Balsavage made a motion seconded by Larry Lambert to allocate $500 to the park and recreation board to get help in preparing the master plan. Motion carried. John Shambaugh abstained due to possible professional involvement.
E-mail from Sally Holbert – She is requesting information on the park and recreation areas. The secretary should contact Ms. Holbert and let her know she can come to the office to look at the information we have since we have very little of what she is requesting.
DASC Agreement - The outline of the proposed terms regarding the grading of the soccer fields was sent to the Dillsburg Area Soccer Club on January 30, 2004. No response was received from the Soccer Club.
OLD BUSINESS
Convention Workshops – The supervisors, the treasurer, and the secretary are registered for the state convention which runs from April 18 – 21, 2004. The supervisors should let the secretary know by March 10th what workshops they would like to attend.
Resolution for Employee Handbook – Ed Balsavage made a motion seconded by Larry Lambert to adopt Resolution 1-2004 which sets the terms for part time road workers. Motion carried by unanimous vote.
UCC – The Township is required to opt in or opt out of enforcement of the Uniform Construction Code. By July 9, 2004 a decision must be made. Ed Balsavage urged all the supervisors to take a course in this code in the next month or two. By opting out the Township would be turning over full responsibility of the program to the Department of Labor and Industry. If the Township goes with a third party to handle the inspections and the residents find it is taking too long to have an inspection done, the Township can go with another third party agency. John Shambaugh stated PSATS is urging the municipalities to opt in.
York County Municipal Administrators Association – Naomi Decker said this association is offering a special session on the UCC with Mitch Hoffman who is from the Governor’s Center. The Board decided not to join the York County Municipal Administrators Association. Ed Balsavage said if anyone wants to go to the session on the UCC they should call to see if they can go with out joining the association.
Recycling Center – Mike Juliana sent a letter thanking the supervisors for the heater. There is not a budget item for the recycling center. Mike Juliana has been buying the items such as gloves and plastic bags. These items should be bought from the office operating budget. John Shambaugh said the Township can probably get a grant to help with the recycling program. The secretary will check with the governor’s office about forms for applying for a grant.
DAA Representative – A letter was received from Charlie Bowers stating his desire to serve as the Dillsburg Area Authority representative for 2004. Ed Balsavage made a motion seconded by Don Lerew to appoint Charles Bowers as the DAA representative for 2004. John Shambaugh stated there was another person interested in this position. Motion carried. Vote: Balsavage, Decker, Lambert, Lerew – Aye; Shambaugh – Opposed.
Resolution for Act 537 – This resolution is to adopt the Act 537 Plan Special Study of the Clear Springs Area. Ed Balsavage made a motion seconded by John Shambaugh to adopt Resolution 2-2004. Motion carried by unanimous vote. Supervisor Shambaugh stated the SEO should investigate the malfunctions. Tim Knoebel was given a copy of the Act 537 Plan Special Study.
Comprehensive Plan – There is a public meeting set for 7 pm February 23, 2004 at the Northern York High School. Ed Balsavage, Larry Lambert, and Naomi Decker said they will be attending.
Arnold Residence – If someone has moved into the other house there is a problem since the conditions of the plan have not been met. The barn has not been demolished. Brian Fahey issued a temporary occupancy permit. Ed Balsavage made a motion seconded by John Shambaugh to have the solicitor send another letter to the Arnolds stating they will not receive an occupancy permit until all conditions of the plan have been met.
Dave Young Plan – The letter of credit and the agreement have been received. Several copies of the plan were brought in 2 weeks ago by Dave Young. Another copy of the plan was brought in today. The question is if all the plans brought in to be recorded are the same. Engineer Knoebel will look at the plans to see if they are the same.
Subdivision/Land Development Ordinance Amendments – Tim Knoebel would like to review these amendments. Solicitor Schorpp said there were some items mentioned in the amendment that were not mentioned in the minutes from the work session. Engineer Knoebel will give the Township his review of the amendments.
Kauffman Plan – The letter of credit and agreement have been received. The plan is ready to be recorded.
NEW BUSINESS
Sewage Pumping – There are several individuals that are not in compliance with the mandatory pumping. Due to the time of the year it was tabled. The amendment to the Act 537 Plan suggests creating a more frequenting pumping schedule for the Clear Springs Area. The Sewage Disposal Management Ordinance should be amended to include this pumping schedule.
Clean-Up Day –The date was set for May 1, 2004. The waste haulers must be contacted and the date must be announced in the newsletter. The solicitor said if it is over $10,000 you need to get bids. Ed Balsavage said it is difficult to know how much will be collected and therefore know the costs. Previous years were done by quotes. Proof of residency will be required. There will be a charge for the second truck or trailer. John Shambaugh recommended charging for every car or truck. Lynn Potts said this is a service that should be provided for the residents. Naomi Decker said if a truck is pulling a trailer, they must pay for the trailer.
Newsletter – Items to be included in the newsletter; clean-up day, house numbering signs, recycling, board of supervisors, planning commission, park and recreation meeting dates, internet site, cable channel, park reservations and rates. The park and recreation board will set the rental fee for the Ponderosa. Lynn Potts stated they should charge different rates for residents and non-residents. Tim Knoebel will prepare information regarding MS4. The newsletter must go to the printers before the next supervisors meeting in order to be sent out by the beginning of April.
Bonnie Lou Elicker Myers Letter of Credit – There is a question whether all of the requirements have been met. The letter of credit dates back to 1995. Engineer Knoebel was directed to check into this matter.
Fee Schedule for Administration the Sewage Facility Act Resolution – Ed Balsavage made a motion to adopt Resolution 3-2004 establishing SEO fees. Motion carried by unanimous vote.
Pending Litigation Letter from Supervisors – Solicitor Schorpp said the auditors do not need a letter from the supervisors. The letter from the solicitor is sufficient.
PUBLIC COMMENT
Michael Sunday wanted to know where he stands regarding his land development plan. The solicitor stated he has until March 18, 2004 to finalize his plan.
Run off from Little John Drive – Brian Fahey stated residents on Little John Drive have been having problems with runoff creating icy conditions on the road. Supervisor Shambaugh stated he and Roadmaster Ocker went to look at the property. The water is clear and it could possibly be a spring. They will have to wait until the winter is over to go and investigate the source of the runoff.
Carl Zeigler – Mr. Zeigler stated he would like to know about flag lots. The engineer is looking at the amendments and will take this into advisement.
CORRESPONDENCE
Email from Richard Blessley – an email was received complementing the road crew for the good job done with snow removal.
York County Planning Survey – Since no decision was made by the Township to opt in or opt out, no action is needed.
Yellow Breeches Watershed – Ed Balsavage volunteered to be the liaison to this organization.
Electronics Recycling – The York County Solid Waste Authority will be conducting an electronics recycling event on April 3, 2004. This is something that can be put in the newsletter.
Source Water Protection Round Table – John Shambaugh and Patrick Hephner will attend the meeting on March 29th at the Carroll Township Municipal Building. This meeting is open to the public.
Bruce Smith’s Public Meeting – Representative Bruce Smith will have his annual public meeting on March 11th at 7 pm at the Township Municipal Building.
TREASURER’S REPORT
Ed Balsavage made a motion seconded by Larry Lambert to adopt the treasurer’s report as drafted. Motion carried by unanimous vote.
APPROVAL & PAYMENT OF BILLS
Larry Lambert made a motion seconded by Don Lerew to pay the bills submitted. Motion carried by unanimous vote. John Shambaugh had a question on the late charges. Naomi Decker suggested allowing Phyllis to pay the bills that would incur late fees. The supervisors want to know why the Township is being charged late fees. The supervisors would like the treasurer to look into this and prepare a memo of why the late fees are being charged.
Larry Lambert made a motion to adjourn. The motion was seconded by Don Lerew. Meeting was adjourned at 10:05 pm.
Linda J. Hansen
Secretary