FRANKLIN TOWNSHIP
BOARD OF SUPERVISORS
June 17, 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 Mike Begis, Secretary Linda Hansen. Visitors included: Rodney Decker, Brian Goda, Richard Zeppa, Tom Lucas, Peg Williams, Todd Cook, Art Bert, Lynn Potts, Patrick Hephner, Sandee Bitner, Roger Watson, Tim Lehmer, Cynthia Jones, Brian Fahey, Bob Shelly, Rick Hoffman.
PLEDGE OF ALLEGIANCE AND PRAYER
Chairman Balsavage led the Pledge of Allegiance and gave the opening prayer.
APPROVAL OF MINUTES
May 20, 2004 – Naomi Decker submitted a few grammatical changes and wanted it noted under Ponderosa Park Plan, the work done by Decker Surveying was donated, the township did not pay for the plan. John Shambaugh made a motion seconded by Don Lerew to approve the minutes with the above corrections. Motion carried by unanimous vote.
June 2, 2004 – One correction was given by Naomi Decker; add the word “to” the upcoming Yellow Breeches Workshop. Larry Lambert made a motion seconded by John Shambaugh to approve the minutes with the mentioned change. Motion carried by unanimous vote.
ORGANIZATION REPORTS
Police –Larry Lambert stated calls were up slightly for the month of May with a total of 448 calls year to date. The report will be on file in the office.
Franklintown Fire Company – No one was present. They will send a written report.
Citizen’s Hose – Todd Cook was present. There were 3 calls in the township for the month of May. The Relief Association bought a pick-up truck for non-emergency calls. Supervisor Decker said a resident called about having a fireworks display. Todd said he thought a private fireworks permit must come from the township. Solicitor Schorpp said the state issues permits for fireworks. The Township has no jurisdiction. The secretary was directed to contact Jeff Getty.
Dillsburg EMS – Tom Lucas was present. There were 98 calls for the month of May with 20 in Franklin Township. Tom thanked the township for informing residents about purchasing house number signs. It really makes a difference.
DAA – No one was present.
Emergency Management – No one was present.
Planning & Zoning Committee – No one was present. The Comprehensive Plan joint meeting is scheduled for June 29th at the High School. A quorum is needed from Franklin Township. Ed Balsavage, Larry Lambert, and John Shambaugh said they will attend. Naomi Decker and Don Lerew were not sure if they will be able to attend the meeting.
PAVING BIDS
Bids were received from Pennsy Supply and Wilson Paving. The low bidder was Wilson Paving with the following prices: 19 mm Superpave $36.95 per ton
9.5 mm Superpave $44.60 per ton
FB-2 Wearing $45.80 per ton
Larry Lambert made a motion seconded by Don Lerew to award the paving bid to Wilson Paving subject to bond review by the solicitor. Motion carried by unanimous vote.
SUBDIVISION AND LAND DEVELOPMENT
Jerry Morrison – An email was received from Christine Juba. She wanted to know if all the stormwater management plans required for this subdivision were constructed and operating properly. Ed Balsavage made a motion seconded by Larry Lambert to have the engineer review these stormwater plans. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker abstained due to professional involvement.
Rodkey Letter – Ruth Ann and Jim Rodkey sent a letter asking for release of their escrow money. A letter was received from Engineer Knoebel stating the stormwater infiltration system and piping appear to have been completed. John Shambaugh made a motion seconded by Don Lerew to release the money except for 15% for 18 months as required by the subdivision and land development ordinance. Motion carried by unanimous vote.
Apple Blossom – The solicitor stated TRG is asking the township to confirm the parameters of the study. Supervisor Balsavage said they should determine the parameters, do the study and then ask the township to comment on the study. Ed Balsavage made a motion seconded by John Shambaugh that a letter should be written to TRG stating that the items in the William F. Hill memo of February 14, 2003 need to be addressed and any other issues that may be discovered during the study should be considered. Motion carried by unanimous vote.
South Mountain Elementary School - Dallas Stahlman met with the township engineer at the site. Engineer Mike Begis stated KPI did not review the stormwater facilities. The site needs to be graded so the runoff goes to inlet number 5. Supervisor Balsavage made a motion to grant the variance providing the school district shows the stormwater system can carry the flow. The motion was seconded by John Shambaugh. Motion carried unanimous vote.
Chestnut Hill – Ed Balsavage turned the meeting over to Larry Lambert. Roger Watson was present. Mike Begis said the plan was recommended for approval by the planning commission. An extension was received from Nav Tech granting the extension until September 23, 2004. Larry Lambert made a motion seconded by Naomi Decker to accept the extension. Vote: Decker, Lambert, Lerew, Shambaugh – Aye; Balsavage – abstained. Motion carried. Naomi Decker wanted to know if Mr. Forbes is still involved with the project. Mr. Watson said he is but Mr. Gunden is the owner. Mr. Watson said they will hold on the sewage module since there are one or two issues that have been brought up before it goes to DEP. Mr. Watson met with York County DEP Regional office on Tuesday. One of the concerns was further testing they wanted to see done on wells across the street. He stated soil conservation had the module for one month. Supervisor Lambert asked if any thing was needed showing who is the owner of the plan. Solicitor Schorpp stated if the sewage module comes back with Don Gunden listed as the owner on all documentation that would be sufficient. Naomi Decker said what was confusing was the letter received from Arnold Forbes’ attorney saying that his client, the owner of the property, had the tires there because he owned a construction business. Solicitor Schorpp informed Mr. Watson that the recreation fees issue needs to be resolved. Mr. Gunden was in the township office this afternoon and paid all the other outstanding fees.
Greenfield Plan – Engineer Mike Begis said they did a completeness review and found the plan submission was not complete because a sewage module was not submitted. The three options are granting a waiver, withdraw the plan, or deny the plan. Rodney Decker asked for a waiver. Ed Balsavage said he did not want to set precedence by granting a waiver. If the plan is withdrawn the applicant will be refunded their fees. The matter was tabled until later in the meeting so the Greenfields could be contacted.
Mr. Bert asked if the agenda could list the location of subdivisions. Supervisor Balsavage said this would be possible.
REPORTS
Engineer
Escrow Accounts – Mike said Engineer Tim Knoebel is looking into these accounts and needs more time.
Franklin Glen Detention Pond – Mike met with the contractor. The problem has been the wet conditions. The amount of work needed to complete the project will take about 2 days.
MS4 – The report has been submitted to DEP.
Solicitor
UCC – John Shambaugh made a motion to adopt Ordinance 2-2004 which provides for the implementation, administration and enforcement of the Pennsylvania Construction Code. The motion was seconded by Larry Lambert. Supervisor Decker wanted the residents to know that this code is mandated by the state. Motion carried by unanimous vote.
Don Lerew made a motion seconded by Naomi Decker to adopt Resolution 5-2004 which appoints Brian Fahey as the Building Code Official (BCO). Motion carried by unanimous vote.
Mr. Shelly was present and stated he is a local professional engineer representing Warrington and Washington Townships. Currently he is certified in all phases of residential and has two more exams to be certified in commercial inspections. Ed Balsavage made a motion seconded by Larry Lambert to adopt Resolution 6-2004 which appoints Bob Shelly of RAS Engineering as the third party agency construction code official.
Ed Balsavage made a motion seconded by John Shambaugh to adopt Resolution 7-2004, which includes exhibit A , the fee schedule from RAS, and a $100.00 application fee for administrative costs. The solicitor stated these fees can be changed by resolution. Motion carried by unanimous vote.
John Shambaugh made a motion seconded by Larry Lambert to have the solicitor prepare an ordinance to adopt the York County UCC Appeals Board as the Township Appeals Board. Motion carried by unanimous vote.
Ed Balsavage made a motion seconded by John Shambaugh to have Mr. Shelly of RAS Engineering assist Brian with the administrative set up of the UCC at a rate of $75 per hour not to exceed 20 hours before the next meeting. Motion carried by unanimous vote. Brian’s rate of compensation will be discussed in executive session.
Franklin Glen – Solicitor Schorpp wrote a letter to Franklintown Borough regarding the Franklin Glen detention basin. The Borough Council President called the solicitor to explain the Borough’s position. There was a pre-existing drainage swale through the area of the basin and the Borough is not planning to incur additional expenses to further investigate the complaints.
Subdivision/Land Development Ordinance – The York County Planning Commission Meeting is scheduled for July 6, 2004. They are requesting someone from the township be present since the will be discussing the proposed changes to township’s ordinance.
Haar’s Crossing – The solicitor stated he researched the law regarding the sale of this type of property. A release must be signed by all property owners who bought land in this subdivision. If they all sign off then the York County Orphan’s Court must be petitioned to say the original restriction is not practical and the township wants to sell the property. This would involve a court proceeding. John Shambaugh asked if the township had to continue to maintain the area. Planting trees and creating a stone path through the property should be considered by the park and recreation committee.
Deeds of Consolidation – Solicitor Schorpp said the plan can be recorded the same time as the deed. Record the plan, wait a minute, then record the deed.
Building Permit Officer
Brian Fahey was present.
Septic System Failures – There are two septic system failures on Coffeetown Road. The person who called about the failures wants to remain anonymous. The solicitor stated the township can have a policy that the person who files the complaint must sign their name but the township can keep the name confidential. Ed Balsavage made a motion seconded by John Shambaugh to have the secretary send a memo to the sewage enforcement officer requesting him to investigate these two properties. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – Opposed because no signed letter was received regarding the complaint.
Hancock Property – There is a junkyard that is out of sight from the road. There has been no progress from the original site.
Ted Laukeman – Brian has called Ted and made an appointment to issue another permit.
Occupancy Permits – The solicitor told Brian to stay out of litigation. Since there are no copies of occupancy permits on file in the township, he can not provide a copy of the permit. John Shambaugh would like copies of the occupancy permits to be kept on file in the township office.
Mr. Zeppa – Lot 12 Foxwood Estates – The storm water and E&S controls must be in place before the building permits can be issued and individual lot construction can begin. Mr. Zeppa was told to talk to Harry Fox Jr.
Jody Galloway – Brian Fahey received a complaint that Mr. Galloway is preparing a site deep in the woods and possibly starting to build a new home at 2615 County Line Road. Brian has not seen evidence of this disturbance.
Fox Junkyard – Harry Fox Sr. has been working on removing the tires from his property but still is not in compliance. Since there are mosquitoes on the property, the West Nile Virus Office in York County should be notified. Mr. Fox agreed to let the property be sprayed.
Mr. Koffman – Mill Road – The property is out of compliance and a letter needs to be sent.
Roadmaster
Gary Ocker prepared a written road report
Robert Weaver Driveway Waiver Request – John Shambaugh made a motion seconded by Ed to deny the driveway request. Motion carried by unanimous vote.
Road Worker – John Shambaugh reported that Gary will begin interviewing next week. Ed Balsavage asked who Gary will be interviewing. John did not know but thought he may interview all of them. The pay and health benefits will be discussed at the executive session.
Sherwood Forest – Gary wanted to know if the home owner will be paying half of the cost. It is not in the schedule right now. John Shambaugh expressed sharing the cost with the homeowner was not discussed, it was a township expense.
Chainsaw Road – Gary contacted the people at 171 and they are making changes to eliminate the situation. He has an appointment to meet with the people at 173 next week.
Weed Wacker Purchase – The supervisors agreed the money was in the budget. Gary can purchase a weed wacker.
Park & Recreation
Ponderosa Park – Naomi Decker said a thank you was due to Mike Myers for completing the masonry work at a reasonable price. The garage doors are coming next week. The electric line to the well house was put in place. The water will be tested after the water has run a while. A handicap port-a-john was brought there. ECI will do a cost comparison between repairing the existing rest rooms and building new ones. The lane to the pavilions needs extra stone. Gary will check with Met-Ed about dusk to dawn lighting. Research on grading of the softball fields will be done. Most of the painting has been done by Dale Lerew. Naomi Decker contacted Cindy Dunlap of DCNR to set up an appointment to discuss a park and rec plan. Getting the pavilions in use is the main priority right now. A grand opening can not be held until the park is ready. Ed Balsavage wanted it noted that the Park and Rec Board has not done what the Board of Supervisors directed them to do, prepare a plan for Ponderosa Park with allocated funds. Naomi Decker wanted it noted that she is using Cindy Dunlap as her starting point. The Park and Rec Board finds it disheartening that they put in hours of time and the Board of Supervisors does not appreciate their work. Ed Balsavage said the Board was trying to help by allocating funds for a plan. Naomi Decker said a little support would go much further than $500.00.
Unmonitored Siren at Park – Ed Balsavage received a call from a resident regarding a siren going off at the Park at 1:00 a.m. The alarm was not authorized by anyone. Bob Ingham installed the alarm. The alarm needs to be permanently disconnected. If an alarm is needed, it should be hardwired to the police. Motion detectors are there. Gary should check that the alarm is disconnected.
John Shambaugh wanted to know if a record is being kept of volunteers’ hours. Currently they are not. Hours can be use as “in kind” service for grants.
Until the water is tested, a sign must be put at Ponderosa that the water is not potable.
Break 9:55 pm – 10:10 pm
Greenfield Plan – Mr. Greenfield was present and wanted to withdraw the plan. The fees submitted will be returned. If the plan is submitted prior to the ordinance being changed, it will be governed by the old ordinance.
OLD BUSINESS
No items to discuss.
NEW BUSINESS
Fee for Subdivision and Land Development Ordinance – Since the ordinance is getting so large it is difficult to staple. The ordinance will be put in a binder and a new resolution will be prepared changing the fee to $25.00.
Denny Wentling Request – Gary Ocker was directed to check the Twin Hills recreation area to see if the area is wet and if it can be filled in.
Zoning – John Shambaugh would like to start a zoning ordinance. Mike Begis will talk to Tim Knoebel. Naomi Decker wanted to know where in the budget the money will come from. A zoning workshop meeting was set for 12:00 noon to 2:00 p.m. on Wednesday June 30, 2004. An ad will be placed in the Dillsburg Banner.
CORRESPONDENCE
Caroline Blose Letter – The Board asked the solicitor for his advice. Since this is a civil matter, no action can be taken by the Board of Supervisors.
Gary Fanus Letter – The secretary was directed to call York County Planning Commission to ask them to do a traffic study on Rocky Ridge Road. Ed Balsavage made a motion seconded by Larry Lambert to have the Roadmaster put “Watch Children” signs on Rocky Ridge Road. Motion carried by unanimous vote.
York County Quick Response – A motion was made by Ed Balsavage and seconded by Don Lerew to pay $500.00 to York County Quick Response Team. Motion carried by unanimous vote.
PUBLIC COMMENT
Brian Fahey wanted to know about changing property set backs. The solicitor stated the setbacks are determined by the subdivision ordinance or what is indicated on the plan. If the setbacks are on the plan, all the property owners must be contacted to release the restrictions.
TREASURER’S REPORT
Larry Lambert made a motion seconded by John Shambaugh to approve the treasurer’s report. Motion carried by unanimous vote.
APPROVAL & PAYMENT OF BILLS
John Shambaugh made a motion seconded by Larry Lambert to pay the bills. Motion carried by unanimous vote.
EXECUTIVE SESSION 10:50 pm – 11:05 p.m.
Executive session was held to discuss personnel issues.
Ed Balsavage made a motion seconded by John Shambaugh to allow Gary Ocker to hire a full time road worker at a wage not to exceed $16.50 per hour. The rate will be set by Gary depending on the need for health benefits. Benefits will be as outlined in the employee handbook. Motion passed by unanimous vote.
Larry Lambert made a motion to adjourn. The motion was seconded by Don Lerew. Meeting was adjourned at 11:20 p.m.
Linda J. Hansen
Secretary