FRANKLIN TOWNSHIP
BOARD OF SUPERVISORS
September 16, 2004
CALL TO ORDER
Vice Chairman Larry Lambert 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 Naomi Decker, Larry Lambert, Don Lerew, John Shambaugh, Engineer Mike Begis, Solicitor Carl Risch, Secretary Linda Hansen. Visitors included: Peg Williams, Lisa Ammons, Jon Pletcher, Marlin Pletcher, Rodney Decker, John Crook, Bill Pilconis, Wayne Kober, Bob Eichelberger, Tom Lucas, John Williams, Sandee Bitner, and Michael Sunday.
PLEDGE OF ALLEGIANCE AND PRAYER
Larry Lambert led the Pledge of Allegiance and Naomi Decker gave the opening prayer.
APPROVAL OF MINUTES
August 19, 2004 Hearing – There was one change on page two; “an” should be “and”.
August 19, 2004 Meeting – Naomi Decker asked that a sentence be added on page 3 under zoning regarding the need for another vote to hire KPI to do the zoning ordinance. There were a few minor additions of words. Larry Lambert made a motion seconded by John Shambaugh to approve both minutes with the said changes. Motion carried by unanimous vote.
AGENDA AMENDMENTS
Supervisor Lambert wanted to move Lisa Ammons to after the insurance presentation by Bill Pilconis.
ORGANIZATION REPORTS
Police –Larry Lambert will have the police report after the meeting next week and it will be on file in the township office. Supervisor Lambert said the 2005 Minimum Municipal Agreement is in the budget. The township writes a check to the attorney general. The attorney general then invoices Northern York Regional Police and they pay Franklin Township. Northern York Regional Police will be patrolling at Ponderosa Park.
Citizen’s Hose –. No one was present.
Franklintown Fire Company – No one was present.
Dillsburg EMS – Tom Lucas was present. For the month of August they had 99 calls of which they handled 94. They are starting to look at purchasing another ambulance. Mr. Lucas wanted to thank Laurin Fleming for his work. He has helped a lot of people in this township. He helps out with patients before Dillsburg EMS arrive.
Emergency Management – No one was present.
Dillsburg Authority – No one was present.
Planning & Zoning Committee – Wayne Kober reported that Randy Beck from York County Planning will be meeting with himself and Bob Eichelberger. The meeting will be 2 pm on September 23, 2004 at Mr. Eichelbergers home. Naomi Decker asked why the meeting would not be at a time when both the planning commission and board members could attend.
Mr. Kober explained that he asked the Board several times about having Mr. Beck attend a meeting and was not given an answer. Mr. Kober said the meeting is open for any board member to attend. Larry Lambert stated he believes 4 work sessions have been preplanned. This session with Mr. Beck is for educational purposes. Supervisor Decker said she did not want to repeat the same situation where a letter went to the chairman and other board members were not informed of the information in the letter.
HDH Group – Bill Pilconis was present to give an overview of this 2 year old program. He wanted the supervisors to know this program is endorsed by the Pennsylvania State Association of Township Supervisors (PSATS). Renewals have been flat or below expiring. There are two different insurances. The workers compensation is through a pooling agreement. A four year agreement must be signed by the Township. The Township would be subject to the provisions of the pool, but with dividend accumulation it is possible to get workers compensation free one year. Pools have been around for nearly 30 years. The property and liability is currently an annual agreement trust but in the near future it will be a pool. Mr. Pilconis stated he will provide the Township with a list of municipalities that are members of the pool and trust. Another issue is the industry standard of charging a 10% cancellation penalty on the unearned premium. Mr. Pilconis and the township secretary were not able to find anything in the current policy stating this 10% penalty. At a previous meeting Solicitor Schorpp stated the Township needs to advertise before signing into these agreements. The premiums offered by HDH are about $2,500 lower than the Township’s current policy.
Lisa Ammons – 62 Bethel Church Road – On August 18, 2004 Mrs. Ammons cleaned out the drainage ditches on her property and put the dirt and turf on Bethel Church Road. After receiving a call from Mrs. Ammons, Supervisor Shambaugh and Roadmaster Ocker went to look at the road and determined this was a potentially dangerous situation that needed to be cleaned up immediately. Mr. and Mrs. Ammons were sent a bill for $167.11 for the clean up. Mrs. Ammons stated she felt this bill was out of line since she did the township’s work by cleaning out her gutters. She also stated 3 pipes were damaged from the township snow plows. Supervisor Lambert asked Mrs. Ammons to pay half of the bill and she said she would not be willing to do this. After considerable discussion Don Lerew made a motion to cancel the bill providing Mrs. Ammons will never do something like this again. The motion was seconded by Larry Lambert. Vote: Decker, Lambert, Lerew – Aye; Shambaugh – opposed. Motion carried.
SUBDIVISION AND LAND DEVELOPMENT
John Crook – Mr. Crook was present. He requested that his plan, which was conditionally approved in July, be withdrawn. Solicitor Risch said it would be better to submit a new plan with the changes that were being proposed. Mr. Decker said they will be submitting a new plan. Previously Mr. Crook has paid $5.00 per foot for road improvements. This money had been placed in escrow. Mr. Crook stated the Roadmaster put tree stumps on his property and he would like them removed. Supervisor Shambaugh made a motion seconded by Larry Lambert to have Mr. Crook submit a letter of withdrawal. He can then submit a new plan and the application fee will be waived. He will only be required to pay fees for the additional lots. Vote: Lambert, Lerew, Shambaugh – Aye; Decker abstained due to professional involvement.
Marlin & John Pletcher – A waiver request was received to allow the driveway to be placed within five feet of a storm inlet. The engineer and the roadmaster looked at the proposed driveway. John Shambaugh said that when he talked to Gary about this, he was not in favor of the driveway at this location. Engineer Mike Begis said he was told Gary would prefer the inlet in place. Naomi Decker had concerns of the steep slopes. There have been a lot of problems on Chain Saw Road. There is a note on the plan that requires a stormwater plan be submitted and approved by the engineer before a building permit is issued. The supervisors felt it would be better to talk to the roadmaster before approving the waiver. Larry Lambert made a motion seconded by John Shambaugh to table the waiver request and the plan until next month’s meeting. Motion carried by unanimous vote.
William Hamm – The post card waiver needs to be sent to DEP. The supervisors authorized the secretary to send the post card to DEP.
Foxwood Estates – A letter was received from the York County Conservation District stating the lot owner may not be made a co-permittee of the NPDES permit. Only the builder or contractor that is responsible for the earth moving can be added to the permit.
REPORTS
Engineer
Stoney Run Stormwater Complaint - A letter was sent to the engineer from Franklintown Borough. Franklintown Borough faxed the complaint to the township office. Mike Begis will call Matt Spade at the Conservation District. The secretary was directed to send a letter to Franklintown Borough stating the township engineer will be checking into this complaint.
Note on Plan – a note will be required on the plans requiring the builder/contractor contact the township office prior to any earth moving. A site meeting should be coordinated with the engineer. Permit Officer Brian Fahey stated a note could also be placed on the building permit application.
Ken–Lin Drive - Mr. Garner made a formal request to have Ken-Lin Drive dedicated to Franklin Township. Engineer Knoebel prepared a punch list of items regarding this road. Part of the retaining wall is in the township right of way. The home associations documents do not take responsibility for maintenance of the retaining wall. Larry Lambert made a motion seconded by John Shambaugh to table the request from Mr. Garner due to the items on KPIs punch list. Vote: Lambert, Lerew, Shambaugh – Aye; Decker abstained due to professional involvement.
Escrow Accounts – Engineer Begis stated next month they will be submitting a complete report on the accounts.
SEO –
Steve Kemper sent a letter inquiring about tapping into an existing sand mound. He later talked to SEO, Gil Picarelli, saying his clients were not sure what they wanted to do at this time.
Solicitor
Resolution to Amend Building Permit & Related Fees – York County Planning has not sent the fee schedule information. John Shambaugh made a motion seconded by Naomi Decker to table the Resolution until the next meeting. Motion carried by unanimous vote.
Certificates of Insurance – The current insurance company is requesting certificates of insurance for all contractors. The township building permit officer, Brian Fahey, has been paid as a contractor. John Shambaugh made a motion seconded by Larry Lambert to switch Brian Fahey’s status as a part time township employee pending review by Solicitor Schorpp. Vote carried by unanimous vote.
Financial Statements – The solicitor will check to see who the township needs to have financial statements from.
Building Permit Officer
Brian Fahey was present. Mr. Fahey would like a courtesy call from KPI when he can issue an occupancy permit to Stoney Run Townhouses.
Contractor Review Session – The session will be September 28th at 7 pm at the township office and it has been advertised in the Banner.
Fox Junkyard – Mr. Fox was in early to report that he has removed all the tires. Brian will do an inspection and if the tires are gone, he will issue a permit. He was told to use today’s date for the permit.
Permits – continue to issue permits as they come due.
Ted Laukeman’s Bus Dispatch – the trailer used by Royer Bus is unsafe since it is not properly secured. The trailer is on tires and there are no tie downs. Brian will give the secretary information regarding the letter to be sent to Royer Bus Service.
Quality Greenhouses – they have asked if there could be relief of the permit fees. The cost of the building was $135,000.00. The permit fees were $700.00.
Break 9:05 pm to 9:15 pm
Roadmaster
Gary Ocker prepared a written road report
Park & Recreation
Ponderosa Park – Don Lerew, Naomi Decker and Gary Ocker met with Cindy Dunlap regarding the grant application for the Ponderosa Park. Naomi Decker also took Ms. Dunlap to the Century Lane Park. There is the opportunity for the Township to obtain a one time small community grant. The first $20,000 does not need to be matched. The second $20,000 does require a match. This can be some in kind service. The township has 3 years to repay the $20,000 plus there is some money in the general fund. The items purchased for the Century Lane Park will not be part of the grant. The tot swings need to be replaced. The see saws were taken down. Naomi Decker stated she would like to buy equipment for this park now. It was decided to wait until spring to buy the equipment. The equipment that is currently at the Century Lane Park will be removed after the fall soccer season. The sales person is Bob Dowell of George Ely Associates, Inc. The items will be purchased as part of the State piggy back program.
The well at the Ponderosa was shocked and is still not potable. The well needs to be run off before it is tested again. Don Lerew asked the previous owners why there were 2 wells drilled on the property and was not given an answer. John Shambaugh questioned the method of testing. The well needs to be shocked and tested again by LABS. There could be contamination coming from the surface. Supervisor Decker said she will check with Steve Moret the method used to collect the sample.
Naomi Decker met again with the excavator to get an estimate. Don Lerew recommended getting an estimate from another excavator.
Leer Electric gave an estimate of $755.00 to run electric to each side of the pavilions. Supervisor Decker will follow through to have Leer do the work.
John Shambaugh made a motion seconded by Larry Lambert to adopt Resolution 9-2004 to allow the township to apply for a grant for playground equipment at Ponderosa Park. Motion carried by unanimous vote.
OLD BUSINESS
Joint Municipal Agreement – This is an agreement between Franklin Township and Franklintown Borough that was signed in February of 1994. The agreement states Franklin Township will pay Franklintown Borough $300.00 per year to plow and maintain the portions of Glenwood Circle and Glenview Drive in Franklin Glen Development that are in Franklin Township. A motion was made by Larry Lambert and seconded by John Shambaugh to pay the amount and renew the agreement. Franklintown Borough President Leon Rudy called the township secretary to say payment has not been made for several years. The motion was withdrawn and the matter tabled until research is done to determine when the last payment was made to Franklintown Borough. The Board directed the treasurer to research when payments were made to Franklintown Borough and also research if any liquid fuels money is received for these roads.
Franklintown Fire Company Workers’ Compensation – A letter was received from the fire company saying the township owes an additional $515.00. Larry Lambert made a motion seconded by Don Lerew to pay the amount. Motion carried by unanimous vote.
Overdue Engineer Bills – Treasurer Phyllis Emlet prepared a memo listing engineering bills that have not been paid. Larry Lambert made a motion seconded by John Shambaugh to have the treasurer bill them one more time and if they are not paid within 30 days they will be turned over to the solicitor for collection. Vote: Lambert, Lerew, Shambaugh – Aye; Decker abstained due to professional involvement. Motion carried.
NEW BUSINESS
Life insurance will be discussed in executive session.
PA Pedalcycle & Pedestrian Advisory Committee – A letter was received asking for permission to put signs on township roads. If the township agrees, Penn Dot will send an agreement to the township. John Shambaugh was concerned about increased liability to the township. Solicitor Risch did not feel posting this signs would increase any liability to the township. Larry Lambert made a motion seconded by Don Lerew to approve the placement of signs. Motion carried by unanimous vote.
York County SPCA – A 2005 municipal agreement was received from the York County SPCA. It was decided not to send in the agreement since the West Shore Humane Society in Mechanicsburg is the organization the Township uses to pick up stray animals.
Trick or Treat Date – Dillsburg and Carroll Township are having Trick or Treat on Thursday October 28th. John Shambaugh made a motion seconded by Larry Lambert to have Trick or Treat on Thursday October 28th. Motion carried by unanimous vote.
York County Convention - John Shambaugh made a motion seconded by Larry Lambert to pay the fee for any supervisor or employee who wants to attend this convention. Motion carried by unanimous vote.
CORRESPONDENCE
Twin Hills Concerned Residents Letter – There was no address in the letter, so no response can be made.
Gary Fanus Letter – Mr. Fanus wrote another letter thanking the supervisors for placing “watch children” signs on Rocky Ridge Road and requesting the speed limit be lowered. At last month’s supervisors meeting the results of the traffic study were discussed. It was decided the 35 mile per hour speed limit was adequate. Mr. Fanus stated all the children on Rocky Ridge Road must walk along the highway to get the bus at the end of the road. John Shambaugh made a motion seconded by Don Lerew to have the secretary write a letter to the school transportation department asking why there is not a bus route on Rocky Ridge Road.
OTHER BUSINESS
Etnoyer’s RV Property - There is a lot of fill being brought in. Naomi Decker stated it appeared that Penn Dot has been checking on it. The engineer will check into this since a grading plan should be done for this type of work.
TREASURER’S REPORT
Larry Lambert made a motion seconded by Don Lerew to approve the treasurer’s report. Motion carried by unanimous vote.
APPROVAL & PAYMENT OF BILLS
Naomi Decker questioned the bill from York Waste Disposal for the clean up at Ponderosa Park. The new proposed tipping fee will add considerable costs to clean up day. Larry Lambert made a motion seconded by John Shambaugh to approve the payment of bills Motion carried by unanimous vote.
Larry Lambert wanted to know if a new truck could be purchased with the liquid fuels money. John Shambaugh will check with Gary Ocker on the status of this money.
EXECUTIVE SESSION 10:35 pm – 10:55 pm
The secretary was directed to write a memo to the township employees stating there may be a change in health benefits early in 2005.
Don Lerew asked if a seller of a property must disclose if the septic system is faulty. The SEO should be notified of a possible problem on Hickory Road.
The first budget meeting was scheduled for October 6, 2004 at 7 p.m. October 20th was set as a tentative meeting date.
Larry Lambert made a motion to adjourn. The motion was seconded by Don Lerew. Meeting was adjourned at 10:55 p.m.
Linda J. Hansen
Secretary