FRANKLIN TOWNSHIP
BOARD OF SUPERVISORS
May 20, 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, John Shambaugh, Solicitor Ed Schorpp, Engineer Tim Knoebel, Secretary Linda Hansen. Visitors included: Michael Whitzel, Rich Blouch, Lauren Fleming, Charles Bower, Rodney Decker, Lewis Albert Jr., Tom Lucas, Larry N., Lynn Potts, Wayne Kober, Patrick Hephner, Bob Eichelberger, Carl Zeigler, Peg Williams, Art Bert, Brian Fahey, Sandee Bittner, Robert Greenfield.
PLEDGE OF ALLEGIANCE AND PRAYER
Chairman Balsavage led the Pledge of Allegiance and gave the opening prayer.
APPROVAL OF MINUTES
April 15, 2004 – Naomi Decker had the following change: Under UCC, the eighth sentence “choice” should be “choose”. Solicitor Schorpp stated under Noise Ordinance “public nuisance” should read “private nuisance”. John Shambaugh made a motion seconded by Don Lerew to approve the minutes with the above changes. Motion passed by unanimous vote.
April 28, 2004 – Under correction to minutes it should read January 5, 2004 reorganization meeting. John Shambaugh made a motion seconded by Ed Balsavage to approve the minutes with the above change. Naomi Decker stated she wanted it recorded that she did not state at the January 5, 2004 meeting supervisors should be paid an hourly wage for attendance at conventions or seminars.
AGENDA AMENDMENTS
Supervisor Decker wanted Krull added to Subdivision and Land Development.
ORGANIZATON REPORTS
Franklintown Fire Company – Rich Blouch was present. There were a total of 37 calls for April with 12 of them in Franklin Township.
Citizen’s Hose – Mike Whitzel was present. There were a total of 112 calls for the company for the month of April. Twenty of these calls were from April 17th to the 20th. CPR/AED recertification was provided to Carroll Township.
Dillsburg EMS – Tom Lucas was present. There were a total of 119 calls for April with 19 of them in Franklin Township. He thanked the township for advertising the house numbering. They have sold a lot of signs. He stated the trailer parks are still a problem. They are not in compliance with the ordinance. Ed Balsavage made a motion seconded by Don Lerew to have the secretary send the owners and properties in the trailer parks a letter about the house numbering ordinance. Motion carried by unanimous vote.
Police – When Larry Lambert arrived at the meeting he gave the written report that will be on file in the office.
DAA – Charles Bowers reported that there were 6 new water hook ups and 8 new sewer hook ups. He stated revenue was lost from the state, so the Authority needs to increase rates.
Emergency Management - Laurin Fleming was present. He stated he talked to John Shambaugh and Dallas Stahlman and the tower issue would better be discussed at a work session. Dallas Stahlman is not sure where the school district tower is located but he thinks it is at Long Mountain. Having a tower at the township building would be desirable in order to dial up the frequency with Adams County.
Planning & Zoning Committee – Wayne Kober was present. He reported on the progress of the comprehensive plan. Since Carroll Township made revisions to the plan, there needs to be another hearing. After the hearing, the plan can be finalized and adopted by each municipality. It is important that a majority of supervisors are at the public hearing so Franklin Township does not have to hold their own hearing. If Monaghan Township does not adopt the plan, the costs to revise the plan and conduct a public hearing will have to be shared by the remaining municipalities.
Mr. Kober recommended that the Board look into zoning before the comprehensive plan is adopted since establishing zoning is a long process and can take up to 2 years. His estimate to do a zoning ordinance is $30,000 to $50,000 if the township does it alone. If the township goes along with other municipalities it may only cost $20,000. Mr. Kober said he will get sample zoning ordinances and will work with Carroll Township to learn the grant application process. He is willing to organize a zoning ordinance development workshop to be held with the Franklin Township Board of Supervisors and the Franklin Township Planning Commission.
Mr. Kober presented a plan overview of the Northern York Recreation, Parks and Open Space Plan Project. Franklin Township needs to send a letter to Sally Holbert stating their desire to join if they are interested in doing so.
OIL & STONE BIDS
Bids were received from Hammaker, Pennsy Supply, Wilson Paving, York Building, and Global Stone.
The low bidders were:
Global Stone for 2RC, 2A, 3, #3 Clean, 57, #8 Washed,, #4 Ballest and R-4 rip rap stone.
York Building for ¼” and R-5 rip rap stone.
Wilson Paving for E-3 Oil.
Ed Balsavage made a motion seconded by John Shambaugh to award the oil bid to Wilson Paving subjected to review by the Solicitor. Motion carried by unanimous vote.
John Shambaugh made a motion seconded by Ed Balsavage to award the stone bid with exception of the ¼” and R-5 rip rap stone to Global Stone. Naomi Decker stated Gary prefers buying the stone from one supplier. Vote was as follows: Balsavage, Lerew, Shambaugh – Aye. Decker – Opposed. Motion passed.
John Shambaugh made a motion seconded by Ed Balsavage to award the ¼” and R-5 rip rap stone bid to York Building. Motion carried by unanimous vote.
SUBDIVISION AND LAND DEVELOPMENT
Chestnut Hill – Ed Balsavage turned the meeting over to John Shambaugh due to conflict of interest. Naomi Decker said a question was asked by a neighbor of the property regarding tires and open probe holes. A letter was received from Arnold Forbes’ attorney addressing the letter from the township. The revised plan was signed by Don Gunden of D&E Realty. The Solicitor stated both Mr. Forbes and D&E Realty could be owners. Engineer Knoebel stated the only issue is the signature of the plan. Supervisor Decker stated there is an issue of park and rec fees. The Solicitor stated the application date was January 23, 2003. Naomi Decker said she wrote a letter for Mr. Watson to sign accepting the plan would not be reviewed until March because it was a late submittal for the February planning commission meeting. The engineer was directed to relate to D&E Realty about the open probe holes.
Carl Zeigler – Engineer Knoebel said the last plan he saw was the one submitted with the module and the plan had the note on it. Ed Balsavage made a motion seconded by John Shambaugh to approve the plan with the condition that the park and recreation fee be paid. Naomi Decker abstained due to professional involvement. Motion carried.
John Crook – Engineer Knoebel stated the review he saw from Hill Engineering did not mention the rec fee but it would be required. Solicitor Schorpp is concerned about three lots using one driveway. He stated a waiver would be needed to allow this or a note should be placed on the plan indicating new driveways would be created for the other lots. John Shambaugh recommended tabling the plan. Rodney Decker should contact the owner to determine what he wants to do about the driveways.
Ethel Shoop – The letter from DEP approving the module was received this week. The only outstanding issue is the rec fee. John Shambaugh made a motion seconded by Don Lerew to approve the plan with the condition the rec fee be paid. Motion carried by unanimous vote.
Range End Commerce Center - A letter was received from Hoover Engineering granting a 90 day extension to the review period. Ed Balsavage made a motion seconded by Larry Lambert to except the extension to 90 days from May 30th. Motion carried by unanimous vote.
Krull – Naomi stated there was a policy about recording the deeds. Attorney Alexander wanted to record the deed and have the township record the plan. Attorney Alexander picked up the plan and recorded it. The township has not received a copy of the recorded plan or recorded deed. Solicitor Schorpp stated Attorney Alexander called him and stated the title company would not accept the title to the lot if the plan and the deed were recorded at the same time because the title company would take the position that it would be an illegal subdivision. Solicitor Schorpp stated he would contact Attorney Alexander to get a copy of the plan and deed. Naomi Decker wanted to know why the township was not recording the plans. Supervisor Balsavage stated it has been done different ways. The secretary stated sometimes the owner wants the plan recorded sooner than the township can get it to York. The office staff makes a note in the plan file when the plan was picked up to be recorded.
REPORTS
Engineer
Franklin Glen – Engineer Knoebel talked to the contractor and was told he was not able to do the work to the detention pond because of the rain.
Subdivision/Land Development Ordinance – Tim Knoebel presented a memo to the supervisors. Section B – the engineer recommends putting the mylar back in for the township file.
Section C – exempted should be changed to “waived”.
Section D – Review of E&S should be required at the preliminary plan stage. Take the “does not wish to” out so the York County Conservation District will review the plans according to the Memorandum of Understanding.
Section G – Entrance should match that of collector street. The definition should state a minimum of 250 feet and a maximum length to 500 feet. Boulevard subject to review by the township.
Section M – If within a 1000 feet of a sewer plant and there is no capacity at the time a temporary plant must be provided. It would be better to require a sewage facilities feasibility study.
Section O – Do not eliminate the requirement of a North arrow.
Larry Lambert proposed changing the lot size in areas of the township that do not have public water and sewer to a 5 acre minimum. This would be a temporary measure to preserve green space until zoning is established in the township. Naomi Decker was concerned that someone contacted her about the minimum lot size being changed to 5 acres before it was ever mentioned at a supervisors’ meeting. She said there is a realtor talking to landowners trying to convince them to sell their land with this scare tactic. Solicitor Schorpp stated he doesn’t know that 5 acres is defendable since moratoriums are not permitted. Larry Lambert said this was done in a township in the Philadelphia area. Ed Balsavage said he would like to lower the minimum lot size to 4 acres. Residents present at the meeting: Mr. Eichelberger, Mr. Bowers and Mr. Zeigler all felt this was not a good idea. Naomi Decker made a motion seconded by Don Lerew to leave the lot size at the present size of 1½ acres. Vote: Decker and Lerew – Aye. Balsavage, Lambert, Shambaugh – Opposed. Motion failed. Larry Lambert made a motion seconded by Ed Balsavage to have the minimum lot size in Section 514.C of the ordinance changed to 4 acres. Naomi Decker said this change would promote developers creating private package sewage plants. Vote: Balsavage, Lambert, Shambaugh – Aye; Decker and Lerew – Opposed. Motion carried.
Ed Balsavage made a motion to have the solicitor start the process of amending the subdivision and land development ordinance and set the public hearing for July 15, 2004 at 6:30 p.m. Larry Lambert seconded the motion. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – Opposed.
MS4 - Tim Knoebel will file the MS4 report which is due by June 9, 2004.
Solicitor
Mountainview Christian Fellowship Church - The solicitor stated the agreement is okay.
Stormwater Ordinance – The ordinance has been advertised. Charles Bowers wanted to know if the ordinance provides for the township to take action against another municipality. The engineer said State Law 167 addresses stormwater runoff from development. Mr. Bower stated Franklintown Borough is creating run off into the Franklin Glen detention pond. John Shambaugh made a motion seconded by Ed Balsavage to have the solicitor send a letter to Franklintown Borough regarding this matter. Motion carried by unanimous vote. John Shambaugh made a motion seconded by Larry Lambert to approve the stormwater ordinance. Motion carried by unanimous vote.
Escrow Accounts – Solicitor Schorpp stated some of the escrow money may need to be refunded. There was a consensus by the Board to have the engineer work with the treasurer to determine which money needs to be refunded.
Building Permit Officer
Brian Fahey was present.
DRMO – Material is available for no charge. The information was given to the secretary to contact the person in charge of this program.
Cupko Hearing – This property is now in compliance with the Junkyard Ordinance.
171 Chainsaw Road and neighboring property- the supervisors directed the Roadmaster to check these driveways.
410 Little John Drive – John Shambaugh said the Roadmaster was told what needs to be done and it will be taken care of.
Foxwood - The engineer said the improvements are bonded, but the E&S controls must be in order before building can begin on the lots.
Mill Road – the Mike Kauffman property is out of compliance with the Junkyard Ordinance. The secretary was directed to write a letter to Mr. Kauffman.
Roadmaster
Gary Ocker prepared a written road report
Chainsaw Road - Bob Eichelberger was present. He sent an email to the township stating the stone voids are now completely filled with silt and additional sediment is beginning to flow downhill. Solicitor Schorpp sent letters to the Jacobs, Gift and Murray families in September 2003. No discharge is allowed onto township roads. The supervisors directed the Roadmaster to look at the area and report back to them with the technical details.
Robert Weaver Driveway Waiver Request – Mr. Weaver is requesting another driveway. John Shambaugh and Gary will look at the property.
Level Purchase – Gary has been using a level that was borrowed. The Board gave approval for Gary to buy a level.
Park & Recreation
Ponderosa Park –Quotes were received for the block work from Michael Myers and Bruce Trostle. Ed Balsavage made a motion seconded by Don Lerew to have Mike Myers do the block work. Vote: Balsavage, Decker, Lambert, Lerew – Aye; Shambaugh – Opposed because the proposal by Bruce Trostle looks like it is for a lot more work. Quotes were received for garage doors. Ed Balsavage made a motion to receive another quote for the garage doors and approve the purchase of the white garage doors at the price of $1338 if the price is the lowest quote. The motion was seconded by Don Lerew. Motion carried by unanimous vote.
Park & Recreation Open Space Project – An email from Sally Holbert requested that someone from Franklin Township attend the meetings. Naomi Decker volunteered to go to these meetings.
Park & Rec Board Resignations – Resignation letters were received from Tim Lehmer and Dawn Taylor.
Ponderosa Park Plan – Decker Surveying did the plan for Ponderosa Park and Ed Balsavage wanted it noted that it is nice to have a plan to look at. This work was conducted free of charge.
Professional Involvement – Naomi Decker said the park and rec board will look into professional involvement for the plan but feels it will cost much more than the $500 allocated.
Break 10:25 – 10:30 p.m.
OLD BUSINESS
Chainsaw Lot – John Shambaugh wanted to know if the township can sell the recreation lot on Chainsaw Road. The solicitor will look into this matter. The lot was from Haar’s Crossing Subdivision.
Clear Springs Apartments Septic Pumping – The township has never received pumping reports for these apartments. A letter was sent to the owner Mr. Sopensky last year but he has never replied. Mr. Greenfield said he has seen trucks from Pecks at these apartments. The secretary will call Pecks to have pumping reports sent.
Resolution for Safe Deposit Box – A resolution is needed to open a safe deposit box at M&T Bank. The Board directed the secretary to cancel the safe deposit box and purchase a fireproof box for the titles, deeds, computer backups and other important papers.
Game Commission Letter – A letter was received stating that Willow Glen Road will be dedicated.
Uniform Construction Code (UCC) – Don Lerew made a motion seconded by John Shambaugh to opt in to enforcement of the UCC. Motion carried by unanimous vote. Solicitor Schorpp will prepare an ordinance. No hearing is needed. The ordinance will be adopted at the June meeting. The BCO and appeal board will be appointed at the June meeting. Bob Shelly from RAS was present.
Northern York Water Resources Protection Project – Cynthia Jones is the representative from Franklin Township.
NEW BUSINESS
Insurance Estimates - Gary Harshbarger from Gunn-Mowery declined to give an estimate due to the lengthy process involved with preparing an estimate. The HDH Group who is recommended by PSATS will be preparing an estimate.
Summer Playground Program – Franklin Township residents can go even if the township does not contribute. It will cost $30 more per child. The Board consensus was that the money will be better used for the Ponderosa.
CORRESPONDENCE
Agriculture & Community Working Group – This survey was given to Don Lerew to complete.
E-Way News – The Board does not want individual copies. A copy will be on file in the office.
West Shore COG – The Board does not want to join the COG.
County Commissioners Community Development Needs Survey – The secretary was directed to complete this survey.
Comprehensive Plan Meeting – Ed Balsavage received an email from Diane Price stating the meeting is tentatively scheduled for June 29th. A quorum is needed. The quorum eliminates the need for the township to have a separate hearing.
PUBLIC COMMENT
Robert Greenfield was present. He was told by the planning commission to submit a plan. The solicitor told him with the proposed changes to the subdivision and land development ordinance his plan would not be permitted. He was advised to get his plan in as soon as possible.
TREASURER’S REPORT
Don Lerew made a motion seconded by John Shambaugh to approve the treasurer’s report. Motion carried by unanimous vote.
APPROVAL & PAYMENT OF BILLS
Naomi Decker wanted to know when approval was given to Solicitor Schorpp to write the letter to Dillsburg regarding the workers’ compensation bill. Ed Balsavage made a motion seconded by Larry Lambert to pay the solicitor for writing the letter. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – Opposed. Solicitor Schorpp wanted to know when he is authorized to approve services. Ed Balsavage said it was discussed about a year and a half ago. It was decided that everyone would act responsibly and with discretion when using the services of the solicitor and engineer.
Larry Lambert will sign checks mid month for bills that need to be paid to avoid late fees. John Shambaugh and Larry Lambert said late fees should not be paid and do not understand why late fees have been paid.
Supervisor Balsavage made a motion seconded by Supervisor Lerew to pay the bills. Motion carried by unanimous vote.
Administrative Policies – The Board adopted a policy for new employees that requires a criminal background check.
John Shambaugh said Gary needs another man for the road crew.
EXECUTIVE SESSION 11:19 – 11:34
Executive session was held to discuss personnel issues.
Ed Balsavage made a motion seconded by Larry Lambert to allow Roadmaster Gary Ocker to attend to staff issues of hiring and firing maintenance and road workers subject to approval of the wage limits set by the Board. Motion carried by unanimous vote. Ed Balsavage made a motion seconded by John Shambaugh to allow Gary to hire a part time lawn mower at a wage not to exceed $12 per hour. Motion carried by unanimous vote. Ed Balsavage made a motion seconded by John Shambaugh to allow Gary to hire a part time road worker at a wage not to exceed $14.50 per hour. Motion carried by unanimous vote. Gary is to inform the supervisors and secretary when he plans to interview so any of the supervisors can attend the interview.
The office liaison is the person appointed to address any administrative issues. He is not approved to set administrative policy.
Larry Lambert made a motion to adjourn. The motion was seconded by Don Lerew. Meeting was adjourned at 11:40 p.m.
Respectfully submitted:
Linda J. Hansen
Secretary