FRANKLIN TOWNSHIP
BOARD OF SUPERVISORS
August 19, 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: Art Bert, Charles Bower, Peg Williams, Marlene Stiffler, Marc Anderson, Bob Eichelberger, Lynn Potts, Rodney Decker, Carl Zeigler, Jane Alexander, Patrick Hephner, Rod Henn...., Traci Cook, Dean Zimmerman, Rex Bict.., Don Gunden, Bob Eichelberger.
PLEDGE OF ALLEGIANCE AND PRAYER
Chairman Balsavage led the Pledge of Allegiance and gave the opening prayer.
APPROVAL OF MINUTES
July 15, 2004 Hearing – Changes: Paragraph 3, line 3, add a “d” to an. Page 2, paragraph 4, add “out” after way. Larry Lambert made a motion seconded by John Shambaugh to approve the minutes with the above changes. Motion carried by unanimous vote.
July 15, 2004 Meeting – Changes: Paragraph 3 delete “to” before drag. Page 3 under SEO, line 2. add “know they have the right” before to be given. Change perc to “probe”. Page 4 Under Appeal Board Ordinance, add “with the county” after the end of sentence 2. Page 5, line 11 under Ponderosa Park, change lien to “line”. Larry Lambert made a motion seconded by John Shambaugh to approve the minutes with the above changes. Motion carried by unanimous vote.
August 9, 2004 Workshop – Line 3 under Order of Business, add “of” between Scope and Development. John Shambaugh made a motion seconded by Larry Lambert to approve the minutes with the above change. Motion carried by unanimous vote.
AGENDA AMENDMENTS
Apple Blossom will be added as number 6 under Subdivision and Land Development.
ORGANIZATION REPORTS
Police –Larry Lambert gave the police report. For the month of July there were 117 calls in Franklin Township. The report will be on file in the township office. Naomi Decker asked Supervisor Lambert to talk to the police about patrolling Ponderosa Park.
Citizen’s Hose – Dean Zimmerman was present. There were 3 calls in Franklin Township for the month of July. Twenty six calls year to date.
Franklintown Fire Company – No report.
Dillsburg EMS – Traci Cook was present. There were a total of 97 calls for July with 23 in Franklin Township. A packet of information was given to the township which includes the 2005 budget. One of the statements in the letter is not directed to Franklin Township. There are one or two townships that do not contribute any money to Dillsburg EMS but they use their services. They appreciate Franklin Township’s support.
DAA – Charles Bowers was present. There were 4 sewer EDUs for the month for a total of 61 year to date. Water hookups for the year are 41. The up grade of the sewer plant doubled the capacity. There are plenty of reserves at this time. When the plant comes to capacity it will be a decision for the municipalities. Supervisor Decker wanted to know why the Authority did not contact the municipalities regarding the new building. Mr. Bowers stated the funds were obtained through loans and the sewer up grade. Larry Lambert asked what percentage of the usage of the Authority is from Franklin Township. Mr. Bowers said he will check on this.
Emergency Management - A written report was submitted by Laurin Fleming asking for the supervisor’s guidance in placement of the communication tower and purchasing of radios. This will be discussed later in the meeting. No dollar amount was given in his report.
Planning & Zoning Committee – No report. Zoning will be discussed under the engineer’s report.
SUBDIVISION AND LAND DEVELOPMENT
Pletcher and Kimmel – John Shambaugh made a motion seconded by Larry Lambert to send the post cards to DEP for both the Pletcher and Kimmel modules. Motion carried by unanimous vote.
Range End Road Commerce Center – A letter was received requesting an extension until November 17th. The supervisors’meeting is November 18th. Ed Balsavage made a motion to grant the extension to November 17, 2004, the Board will take action at the October meeting unless a letter is received granting the extension to November 25, 2004. The motion was seconded by Larry Lambert. Motion carried by unanimous vote.
The meeting was turned over to Larry Lambert for discussion of Chestnut Hills.
Chestnut Hills – A letter was received granting an extension beginning on September 24th. Mr. Gunden was present. He agreed to grant the extension until December 23, 2004. John Shambaugh wanted to know why the plan has not been completed. Tim Knoebel said another nitrate study had been done. Larry Lambert made a motion seconded by Don Lerew to accept the extension until December 23, 2004. Vote: Decker, Lambert, Lerew, Shambaugh – Aye; Balsavage abstained due to professional involvement. Motion carried.
Sherwood Forest Sketch Plan – RGS requested a review of the sketch plan. They will pay for the engineer’s and solicitor’s time. Engineer Knoebel would like the Board’s approval to review the plan. The solicitor advised having money placed in escrow before any review of the plan will be done. Ed Balsavage made a motion seconded by Larry Lambert to have the secretary write a letter to RGS informing them that upon receipt of $500 escrow the engineer and solicitor will review the plan. Naomi Decker does not understand why this party is getting special service. Ed Balsavage said he does not want to take several hours of the supervisor’s meeting to review a plan. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – Opposed.
Apple Blossom – A completeness review is not needed for plans that have a pending status. Naomi Decker wants to know if they can withdraw the perpetual time extension. The solicitor advised they can but it should be reasonable. Naomi Decker made a motion seconded by Don Lerew to repeal the perpetual time extension and put them on the 90 day time schedule like everyone else. The clock begins the day of the first planning commission meeting. The deadline date was set to December 23, 2004. Motion carried by unanimous vote.
REPORTS
Engineer
Zoning – Naomi Decker said the vote taken for the zoning ordinance was done at a work shop. She was not prepared to vote for anyone that evening since she did not have the information from the county. Naomi Decker made a motion to bring this up for another vote. There was no second so the motion failed. Attorney Schorpp said if the advertisement for the workshop did not include any other business, another vote would be appropriate. John Shambaugh made a motion seconded by Larry Lambert to hire KPI to prepare a zoning ordinance for the township. Don Lerew wants to know if money will be with held if they do not get other proposals for the ordinance. Larry Lambert talked to Charles Noll at York County and he was assured if the township gets a letter in they will be at the top of the list for grant money in early 2005. The letter to Charles Noll will be changed and “budget” will be deleted. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – opposed.
SEO – Gil Picarelli was present.
Act 537 Reimbursement - Some of the reimbursement for 2003 SEO expenses will not be allowed since they were done for a subdivision. The effort to find all the modules approval dates would cost more money than it is worth. Four approval letters were found and copies will be sent to DEP.
350 Coffeetown Road - Two letters were received regarding a septic system failure at 350 Coffeetown Road. The SEO drove by the property and thinks the clean out lateral was hit by a mower. The secretary can get the verbiage from Gil and send a letter to the residents at this property.
Backhoe work - Gil Picarelli stated it is not the policy to recommend anyone to do backhoe work for probes. Naomi Decker said she was told by someone that they were not given a choice when they had probe holes dug and the holes were not filled in creating a dangerous situation. Mr. Picarelli stated they were waiting for the backhoe to arrive and he did not call the person who came to do the backhoe work.
Copies of Sewage Permits – KPI will provide copies of sewage permits to Franklin Township.
Solicitor
Subdivision & Land Development Ordinance - the ordinance has been properly advertised and was submitted to both the York County Planning Commission and the Franklin Township Planning Commission. The public hearing was held before this evening’s meeting. John Shambaugh made a motion seconded by Larry Lambert to adopt Ordinance 4 -2004. Naomi Decker wanted it noted for the record that she feels it is not in the best interest of the township to adopt this ordinance. Solicitor Schorpp and York County Planning both advised against 4 acre lots. This leaves the township open to lawsuits which could deplete the township finances. The 4 acres is exclusionary to young people and it will not preserve farm land since farms are much larger than 4 acres. Public Water and Sewer projects were not addressed. Very large developments are in the works in areas of the township that have public water and sewer. These developments will put tremendous pressure on the roads and schools. Naomi Decker also stated the public hearing was not voted on at the last meeting. The solicitor said this is true but he deemed this a legal matter and sent a letter to the supervisors to set up the hearing. Vote: Balsavage, Lambert, Shambaugh – Aye; Decker, Lerew – Opposed. Motion carried.
Resolution to Amend Building Permit and Related Fees – The York County Planning Commission has not set fees at this time. They will be sending a packet of information regarding the appeal hearings within the next 2 weeks and advised holding off on this resolution until the next meeting. At the last supervisors meeting Bob Shelly presented a fee schedule based on estimated cost of construction. Mr. Shelly needs to be contacted to find out if the schedule includes administrative costs. It was decided to wait until next months meeting to adopt a new resolution for fees.
Building Permit Officer
Brian Fahey was not present.
There has been little building permit activity the past month. Brian will submit a report next month.
Bob Shelly submitted a memo regarding a contractor training session. Ed Balsavage made a motion to have Bob Shelly and Brian Fahey hold a training session at no cost to those who attend. The date and time of the session will be determined by Mr. Fahey and Mr. Shelly and coordinated with the secretary. The session will be advertised at least 3 weeks in advance. The motion was seconded by John Shambaugh. Motion passed by unanimous vote.
Roadmaster
Gary Ocker prepared a written road report
Ken-Lin Drive – A letter was received from Ken Garner asking permission to apply ID2 wearing course to Ken-Lin Drive. Ed Balsavage made a motion seconded by Don Lerew to have the township engineer inspect the road and have any repairs done prior to paving. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker abstained due to professional involvement.
County Line Road – A resident requested that his drive way be placed at the school bus turn around at end of the road instead of the proposed location. John Shambaugh and Gary Ocker agreed to this since the owner of the property will do some excavating and increase the size of the turn around.
62 Bethel Church Road – The owners at this property cleaned out their drainage ditches on Bethel Church Road. John Shambaugh had pictures. The Roadmaster was instructed to clean this up and a bill will be sent to the home owner. John Shambaugh made a motion seconded by Ed Balsavage to send the homeowner a bill for the clean up. Ed Balsavage asked the secretary to have John Shambaugh review the letter before it is sent to the property owner. Naomi Decker said in the future residents should be informed that if they do not clean up the road immediately, they will be billed. This had been done in the past. Motion carried by unanimous vote.
Park & Recreation
Ponderosa Park – The conceptual plan for the park was completed and can be used to obtain grant money. Naomi Decker reported that every use in the park must be ADA accessible. Cindy Dunlap, Regional Coordinator from DCNR, will be coming to the township on September 1st at 10:30 a.m. The park and rec board cut some trees into firewood at Ponderosa Park. Three signs were put up. One is the hours, one is a caution sign and the other is at the well house. A local excavator agreed to help with the softball field. The solicitor stated quotes are not needed if the cost is under $4,000.00. Our road crew will help with the work. Naomi Decker will get an agreement with Mike Sunday and report back to the supervisors with a memo. John Shambaugh said he would like a documented quote. They are hoping the field will be completed this fall.
The state has a piggy back program allowing the township to be able to buy playground equipment at a much lower price. A rep and catalog will be coming to the township.
Larry Lambert would like a 25’x25’ sandbox with a roof at the park. Naomi Decker said she would check into this.
The grants for DCNR must be in by October 13, 2004. Naomi Decker said DEP is involved with grant applications. Ed Balsavage made a motion seconded by Larry Lambert to make a park and rec grant application for playground equipment. Vote passed by unanimous vote.
The park and rec board submitted a memo to the supervisors stating why Ponderosa Park should not be open at this time. It was decided that the Ponderosa Park will be open during day light hours. Ron Gingrich locks the park at night. The well will be given a shock treatment.
OLD BUSINESS
Rocky Ridge Road Traffic Study – A letter was received from Donald Bubb, Transportation & Traffic Engineer with the York County Planning Commission, who recommended posting the speed limit at 30 mph. The current limit is 35 mph but there are no signs posted. If the speed limit is changed it must be done by ordinance. Larry Lambert made a motion seconded by Don Lerew to post 35 mph speed limit signs on Rocky Ridge Road. Motion passed by unanimous vote.
NEW BUSINESS
Christian Missionary Alliance Church – Bob Kennedy was present who represents 3rd World Books. They have a trailer at the church. They are requesting a waiver for a land development plan for the trailer. Ed Balsavage made a motion seconded by Larry Lambert to grant a waiver for a land development plan for the trailer at the Christian Missionary Alliance Church until December 31, 2005. Motion carried by unanimous vote.
Platinum Plus MBNA America – Larry Lambert called the credit card company regarding finance charges. They are very difficult to deal with and the account should be closed after another credit card is obtained. Ed Balsavage made a motion seconded by Don Lerew to close the current platinum plus credit card. Motion carried by unanimous vote. Ed Balsavage made a motion seconded by John Shambaugh authorizing the secretary to open a new credit card with some sort of cash back incentive. Motion carried by unanimous vote.
Aerial Photos – Two photos were taken by National Airviews Inc. The supervisors decided not to purchase the pictures.
Auditor’s Course – Franklin Township Auditor Maureen Wilson expressed an interest in taking the training course for elected auditors. John Shambaugh made a motion seconded by Don Lerew to approve the course for Maureen Wilson. Motion carried by unanimous vote.
CORRESPONDENCE
Emergency Management Meeting – There is a meeting scheduled for September 20, 2004. Laurin Fleming submitted a written report requesting permission to install the tower. The Board felt they can not make a decision based on the information submitted. Mr. Fleming was also requesting permission to repair and purchase more equipment. If the equipment does not exceed $4,000.00, at least two quotes should be obtained. Three quotes are required if the cost is between $4,000.00 and $10,000.00. There is money in the budget for EMS. Laurin should stay within the budget. Ed Balsavage made a motion seconded by Naomi Decker to have the secretary prepare a memo authorizing Laurin Fleming to repair and purchase radio equipment based on the above mentioned guidelines. Motion carried by unanimous vote. Larry Lambert, John Shambaugh, and Naomi Decker said they may be able to attend the meeting on September 20, 2004. Ed Balsavage said he will attend the meeting.
Comprehensive Plan – There will be a meeting on August 24, 2004. The main purpose of this meeting is for Dillsburg Borough and Carroll Township to discuss the changes Carroll Township made to the plan. None of the changes affect Franklin Township. A public meeting should be held some time in September to discuss the Comprehensive Plan. The solicitor advised the public meeting should not be held until Dillsburg and Carroll Township settle their differences.
Grant Request Letter – A letter was prepared by Larry Lambert to Charles Noll in York County requesting grant money for zoning. The word “budget” should be changed to “expenditure”. John Shambaugh made a motion to send the letter signed by Ed Balsavage to Charles Noll. Vote: Balsavage, Lambert, Lerew, Shambaugh – Aye; Decker – opposed.
Public Comment
Marc Anderson stated the 4 acre minimum is ridiculous. It will not preserve farmland. This is about keeping people out of the community and this is illegal. He guarantees it will be challenged and litigated. The three people who voted for this have betrayed the people who elected them. It is arrogant and elitist. John Shambaugh said this is a control measure to control growth. That is why the township is starting a zoning ordinance. Ed Balsavage stated he has received numerous calls from residents thanking him for having the courage to take the measures to try to control growth. He has spent hours and hours in discussion of trying to control growth. Mr. Anderson said he appreciates the hours the Board spent but this decision affects many people. He has been forced out of this community. Larry Lambert stated this will not keep people out.
TREASURER’S REPORT
Larry Lambert made a motion seconded by John Shambaugh to accept the treasurer’s report.
Motion carried by unanimous vote.
APPROVAL & PAYMENT OF BILLS
John Shambaugh made a motion seconded by Larry Lambert to approve and pay the bills. Motion carried by unanimous vote. John Shambaugh had a question regarding plan completeness reviews. Engineer Knoebel stated the bill included a fee for the completeness review of the Greenfield Plan which was withdrawn.
John Shambaugh made a motion seconded by Don Lerew to adjourn. Meeting was adjourned at 9:40 p.m.
Linda J. Hansen
Secretary