FRANKLIN TOWNSHIP
BOARD OF SUPERVISORS
April 15, 2004
CALL TO ORDER
Chairman 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, Solicitor Ed Schorpp, Engineer Tim Knoebel, Secretary Linda Hansen. Visitors included: Robert Greenfield, Rick Jones, Robert D. Watts, Rex Hildebrand, Ed Mattos, Ken Swomly, Matt Swomly, John Williams, Scott Lowery, K. Dougherty, Cynthia Garry-Jones, M. Williams, Sandee Bitner, Carl Zeigler, Carl Segatti, Mike Harpster, Rodney Decker, Patrick Hephner, Alice Hertzler, Mike Krepasky, Charles Diller, Brian Fahey, Rick Hoffman.
PLEDGE OF ALLEGIANCE AND PRAYER
Chairman Balsavage led the Pledge of Allegiance and gave the opening prayer.
APPROVAL OF MINUTES
March 18, 2004 – Naomi Decker had the following changes to the minutes: under Livingston Estates add “to inform them that there will be no review until a formal plan is filed with the Township”, under park and recreation it should state it is a refundable $100 fee for use of the kitchen at the Ponderosa, under Comprehensive Plan Meeting – it should state “Naomi might attend” and there are some letter changes. Solicitor Schorpp said for the Ken-Lin subdivision, it should state “to deny the waiver for the cul-de-sac based on Section 505.F of the subdivision and land development ordinance. Ed Balsavage made a motion seconded by Larry Lambert to adopt the minutes as amended. Motion carried by unanimous vote.
ORGANIZATON REPORTS
Franklintown Fire Company – No one was present.
Citizen’s Hose – No one was present.
Dillsburg EMS – Robert Watts reported that for the month of March there were 13 calls in Franklin Township; 9 emergency, 1 fire, 3 motor vehicle. Currently there are 30 employees at Dillsburg. Two fund raising events that will be coming up are the Cyclorama on April 24th and Family Fun night on May 1st. Supervisor Decker thanked them for the banquet.
Police – Northern York Regional Police Chief Carl Segatti was present. An emergency response vehicle was on display in the parking lot from 6:30 p.m. – 7:00 p.m. Chief Segatti reported that there were more than 23,000 calls for 2003 in the Northern York Region. He stated that citizen’s satisfaction survey for Franklin Township was good. Most of the calls in the Township are for vandalism. He reported these can be the hardest crimes to solve since they usually occur during the night and there are no witnesses. The Northern Regional Police Officers received 2,543 hours of training in 2003. Rick Hoffman asked why there were so many police on Route 15 and not more throughout the Township. Chief Segatti explained that studies found having officers on Route 15 will keep the traffic speed down. He also stated it is a balancing act to keep police on Route 15 and patrolling the Township. Don Lerew told Chief Segatti he is concerned that people are not stopping at stop signs in the Township. Chief Segatti said he will pass the concerns onto his officers.
DAA – No one was present.
Emergency Management – No one was present.
CPAC - Ed Balsavage stated he received a call from one of the members regarding a letter that had been sent by Naomi Decker. Ed Balsavage asked what the Board policy is and said he did not know about this letter. Supervisor Decker stated she wrote it as a resident not as a representative of the Board of Supervisors.
SUBDIVISION AND LAND DEVELOPMENT
Lothar Krull – The only thing needed for this plan is the deed of consolidation. The park and recreation fee has been paid. Ed Balsavage made a motion seconded by Larry Lambert to approve the plan based on the condition that the deed of consolidation will be brought to the township office. Vote: Balsavage, Lambert, Lerew – Aye; Decker – Opposed. Supervisor Decker provided the following statement. “ My opposition to this plan in no way reflects on the Krulls or their surveyor. I am in disagreement with our legal council regarding the subdivision of this lot as an add on and a building lot based on its standing created by an earlier approved and recorded subdivision plan. I believe there would have been another way to meet the Krulls’ needs.”
Greenfield Waiver Request – The applicant is requesting a waiver from the note on the plan and Section 504.B of the subdivision and land development ordinance that restricts subdivisions on private roads. The uniqueness is that it is not a long road, it is a 500 foot cul-de-sac. Solicitor Schorpp advised having the planning commission look at the request. Ed Balsavage made a motion seconded by Don Lerew to table the matter and have the planning commission look at the plan. Vote: Balsavage, Lambert, Lerew – Aye; Decker abstained due to professional involvement.
Carl Zeigler – A letter was received granting an extension until July 31, 2004. Larry Lambert made a motion seconded by Ed Balsavage to accept the extension. Vote: Balsavage, Lambert, Lerew – Aye; Decker abstaining due to professional involvement.
John Crook – A letter was received granting an extension until July 31, 2004. Larry Lambert made a motion seconded by Ed Balsavage to accept the extension. Vote: Balsavage, Lambert, Lerew – Aye; Decker abstained due to professional involvement.
Bernice Rakes – The recreation fee is needed and the deed of consolidation is needed. Ed Balsavage made a motion to conditionally approve the plan based on receiving the recreation fee and deed of consolidation. The motion was seconded by Larry Lambert. Motion carried by unanimous vote.
Ethel Shoop – The sewage module needs to be sent to DEP. Ed Balsavage made a motion seconded by Don Lerew to send the module to DEP. Motion carried by unanimous vote.
Michael Sunday – Solicitor Schorpp called the bank regarding the bonding but has not received a call back. The bonding and an improvement agreement is needed. Ed Balsavage made a motion seconded by Don Lerew to conditionally approve the plan based on receiving the bonding and improvement agreement. Vote: Balsavage, Lambert, Lerew – Aye; Decker abstained due to professional involvement.
Chestnut Hills – Ed Balsavage turned the meeting over to Larry Lambert. Engineer Tim Knoebel said the planning commission is reviewing the plan. There were questions on street lighting and parking. Section 525 of the subdivision and land development ordinance requires lighting at the intersections. The planning commission feels all these lights are not necessary but placing one at the entrance may be a good idea. Engineer Knoebel stated the electricity for the street lights is paid for by the township. Tim Knoebel will check into the home owners association paying for the street lights. There are issues of dark skies and light pollution and the possibility of granting a waiver for the lights. The other question is about restricting parking on the roads in the development. The home owners would enforce the restriction until the time that the road becomes a township road. The supervisors stated this would be okay. The supervisors directed the secretary to send a letter to the owner stating the plan for Chestnut Hills must be signed and notarized by the next meeting.
The meeting was turned back over to Ed Balsavage.
Rob Edwards – The plan is incomplete. Chris Hoover, the engineer who prepared the plan, sent a letter withdrawing the plan.
REPORTS
Engineer
Stormwater Ordinance – Engineer Knoebel stated this ordinance will bring the township into compliance with the NPDES permit. Ed Balsavage made a motion seconded by Larry Lambert to advertise the ordinance. Motion carried by unanimous vote.
NPDES Requirements – The three requirements are amending the stormwater ordinance, the memorandum of understanding, and a map of stormwater outfalls. A map needs to be prepared of the stormwater outfalls in the township. Ed Balsavage made a motion seconded by Larry Lambert to have the engineer prepare a map of the stormwater outfalls. Motion carried by unanimous vote.
Solicitor
Mountainview Church - The solicitor stated the owner must sign the agreement and a waiver request for the land development plan must be received from Jacob Brothers. A copy of the agreement prepared by Solicitor Schorpp was given to Scott Lowery, a representative from Mountainview Christian Fellowship Church, at the meeting.
Franklin Glen – The stormwater detention pond has not been complete due to wet weather problems. Engineer Knoebel will check with the secretary what is current in the file and then check with the contractor.
Building Permit Officer
Cupko Hearing - Mr. Fahey reported he presented the case before the District Justice. The case was continued. Mr. Cupko was given additional time to clean up his property. Brian Fahey asked how he would be compensated for his court time. The supervisors stated this will be discussed at executive session.
Septic System Malfunctions – Brian reported he received complaints that there are two septic system malfunctions on Coffeetown Road. One is at 364 Coffeetown Road and the other is across from 360 Coffeetown Road. Engineer Tim Knoebel will have the sewage enforcement officer check into these complaints.
Receipts for Building Permits – Brian will give out the receipts at the time he issues the building permits in order to avoid additional postage costs.
Roadmaster
Gary Ocker prepared a written road report. The road liaison, John Shambaugh, was not present.
Oil and Stone Bids – Ed Balsavage made a motion seconded by Don Lerew to advertise the oil and stone bids in the Dillsburg Banner. Bids will be opened and awarded at the May 20, 2004 meeting.
Paving Bids – The paving bids can not be prepared until after the road check on April 28th.
Road Crew Position – This position will be discussed at executive session.
Park & Recreation
Park & Rec Board Appointment – Naomi Decker made a motion seconded by Don Lerew to appoint Tim Lehmer as a member of the park and recreation board. The term would be for 5 years. Motion carried by unanimous vote.
Ponderosa Park – Supervisor Decker reported the park and rec board has not had their meeting for April yet. They had a plumber look at the facilities at the Ponderosa. Due to handicap accessibility it may be costly to upgrade the current restrooms. The park and rec board was directed to get other opinions regarding the work necessary to repair the restrooms and make them handicap accessible. The park and rec board will have the blue print of the park at the next meeting. Tim Knoebel said KPI Technology would donate the time for the septic system installation at the Ponderosa.
OLD BUSINESS
Comprehensive Plan – No further comments.
Septic Tank Pumping – Request were received from John Hitchcock and Ora Nelson requesting that their septic systems be pumped every 5 years instead of every 3 years since they live by themselves. Letters were received from Pecks confirming that pumping every 5 years is recommended. Larry Lambert made a motion seconded by Don Lerew to allow both John Hitchcock and Ora Nelson to pump their septic systems every 5 years. Motion carried by unanimous vote.
Mowing Bids - The bids were opened on April 2, 2004. Larry Lambert said Gary will mow the lawn until they can make a decision with accurate figures. Ed Balsavage stated he doesn’t know if Gary’s calculations consider fuel, blade sharpening and wear and tear on the equipment. Ed Balsavage made a motion seconded by Larry Lambert to have another meeting at 7:30 p.m. on April 28, 2004. Motion carried. The supervisors decided to make a decision on the mowing bids at this special meeting.
Uniform Construction Code (UCC) – The Board needs to make a decision to “opt in or opt out” of enforcement of the Uniform Construction Code. The township is mandated by the State to make a decision. Solicitor Schorpp said the decision must be made by July 8, 2004. He strongly recommends the Board makes their decision at the May meeting. Jonathan Snyder was present from Effective Technical Applications, Inc. Mr. Snyder presented the supervisors with a sheet stating the five components of the UCC are: 1) The Law 2) UCC 403.21(a) International Code Council (ICC) – Code Books 3) Reference Standards 4) UCC 403.44 Alternate Construction Materials and Methods 5) UCC 403.27 Applicability and Use of Standards.
If the township opts in an Appeal Board must be formed or the township can choose to use an Appeal Board of a COG or contract with another municipality. Mr. Snyder stated he would send a proposal to the township. He said he has one set of fees. He recommends that townships opt in so they have more control of the building permit process. Mr. Snyder is certified as a Building Code Official and a Construction Code Inspector. He has six employees that can do all residential and commercial inspections. Ed Balsavage said he would like all the supervisors to come prepared to discuss the UCC at the April 28th meeting.
Notary – Solicitor Schorpp stated after further research he found the secretary and treasurer can notarize other officials’ signatures. Ed Balsavage made a motion seconded by Don Lerew to have Linda and Phyllis become notaries. They should contact PAN, the Pennsylvania Association of Notaries.
School District Tower – The supervisors directed the secretary to contact Lauren Fleming and have him call Dallas Stahlman to coordinate use the school district’s tower in its current location.
NEW BUSINESS
Noise Ordinance – Alice Hertzler and other residents from Stone Head Road were present to ask if the Board could do something about the excess noise from dirt bikes. A motor cross track was constructed and is being used several hours each day near the Stone Head development. Solicitor Schorpp stated there is not a noise ordinance in the township. He stated a study needs to be done to measure the decibel level of the noise. The solicitor recommended that the residents group together and obtain an attorney to file a private nuisance complaint. Ms. Hertzler said she will bring copies of noise ordinances to the township for the supervisors to look at.
Escrow Accounts – Solicitor Schorpp will look into these accounts. He stated if the money is in these accounts for over 5 years without activity, technically the money is to be turned over to the State.
Community Information Guide – CMC Communications, Inc. prepared a map and community information guide for Franklin Township back in 1998. The cost of map is paid for by local businesses which CMC solicits for their advertisements to be placed on the map. It will be mailed out to all township residents and an additional 250 copies will be given to the township office. Ed Balsavage made a motion seconded by Larry Lambert to have CMC prepare the map. Motion carried by unanimous vote.
Safe Deposit Box – There is a safe deposit box at PNC Bank that can only be opened by previous township employees. The supervisors directed the secretary to contact Lynn Potts and ask if he will go with the secretary to PNC Bank to get the items out of the safe deposit box.
LaDeira Homes – The supervisors directed the secretary to write a letter to LaDeira telling them there is no record from previous years that they were allowed to bring several loads free of charge to clean up day.
PUBLIC COMMENT
Carl Zeigler wanted to know if the supervisors would consider hiring a full time road crew worker. Based on the costs of the mowing bids it would make more sense to hire a full time worker that could do all the work that includes mowing, snow plowing, maintenance and road work. Ed Balsavage said the supervisors would take that into consideration.
TREASURER’S REPORT
Ed Balsavage made a motion seconded by Larry Lambert to approve the treasurer’s report. Motion carried by unanimous vote.
APPROVAL & PAYMENT OF BILLS
Larry Lambert wanted to know what the Drive Kor bill was for. He also wanted to know why Wm. F. Hill was billing for transfer of files. Ed Balsavage made a motion seconded by Larry Lambert to pay the bills. Motion carried by unanimous vote.
EXECUTIVE SESSION 10:15 – 10:29 p.m.
Executive session was held to discuss personnel issues.
Ed Balsavage made a motion seconded by Don Lerew to pay Brian Fahey $20 per hour for court appearances. Motion carried by unanimous vote.
Larry Lambert made a motion second by Don Lerew to adjourn. Meeting was adjourned at 10:35 p.m.
Respectfully submitted:
Linda J. Hansen
Secretary