FRANKLIN TOWNSHIP

BOARD OF SUPERVISORS

October 20, 2005

 

 

CALL TO ORDER

Chairman Balsavage called the meeting to order at 7:00 p.m.  The meeting was held at the Franklin Township Municipal Building, 150 Century Lane, Dillsburg, PA.

 

ROLL CALL

Present were Supervisors Edward Balsavage, Larry Lambert, John Shambaugh, and Naomi Decker.  Also present was Township Engineer Tim Knoebel, Solicitor Edward Schorpp, and Secretary Nancy Zentmeyer.  Visitors and guests are on the attached sign-in sheet.

 

PLEDGE OF ALLEGIANCE AND PRAYER

Chairman Balsavage led the Pledge of Allegiance and gave the opening prayer.

 

APPROVAL OF MINUTES

Public Meeting on Zoning Ordinance/Map, September 13, 2005 – Chairman Balsavage asked if anyone had any corrections or comments regarding these minutes.  Supervisor Decker indicated on page 2 under Subdivision the last word should be spelled “nitrate”. 

 

Motion:           Vice Chairman Lambert made a motion to approve the September 13, 2005 Public Meeting minutes as corrected.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Regular Meeting of the Board of Supervisors, September 15, 2005 – Chairman Balsavage asked if anyone had any corrections or comments regarding these minutes.

 

Motion:           Vice Chairman Lambert made a motion to approve the minutes of September 15, 2005 with any corrections Supervisor Decker may have.  Seconded by Supervisor Shambaugh.  Supervisor Decker indicated she has some.  Chairman Balsavage suggested that instead of going through the entire list she should give the list to the Secretary and she will make the corrections.  Supervisor Decker did indicate that on page 6 under 89th Annual York County Association Convention she did not request the $35.00 fee for the convention but for the meal only.

 

Motion:           Chairman Balsavage made a motion to table these minutes until the corrections can be made.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Zoning Workshop, September 20, 2005 – Chairman Balsavage asked if anyone had any corrections or comments regarding these minutes.  Supervisor Decker noted two corrections, on page 2 top of the page should read Conservation, and on page 3 third paragraph change conflictions to conflicts.

 

Motion:           Chairman Balsavage made a motion to approve the September 20, 2005 Zoning Workshop minutes as amended.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

AGENDA AMENDMENTS

Chairman Balsavage asked if anyone had any agenda amendments.  Supervisor Decker indicated that under Park & Recreation there are three forms that need signatures.  It was noted that is under item #1.  Supervisor Decker also indicated under Park & Recreation she is requesting permission to attend a Resource Operation Workshop and is requesting an Executive Session for personnel matters.

 

ORGANIZATION REPORTS

Police – Vice Chairman Lambert gave the Police Report with a breakdown as follows:  year to date there are 80 calls less than last year and NYRPD arrested the person who was breaking into homes in the area and was charged with 13 burglaries.  The police report is on file in the Township office.

Fire – No report was submitted.

EMS – No report was submitted.

DAA – No report was submitted.

Emergency Management – No report was submitted.

Zoning Committee – No report was submitted.

 

SUBDIVISION AND LAND DEVELOPMENT

Kauffman Motorsports, Letter of Credit No. SB-904976-0001 – It was noted that correspondence had been received from M&T Bank indicating that this Letter of Credit will not be amended after the expiration date of February 12, 2006.  Engineer Knoebel stated that back in April there was an inspection of the property and a request for a reduction on the Letter of Credit to $8,635.00. It is noted that there are still some issues that need to be completed. 

 

Motion:           Chairman Balsavage made a motion that the applicant be contacted regarding work that needs to be completed.  Seconded by Vice Chairman Lambert.   The motion carried unanimously.

 

It was noted that the original Letter of Credit is not in the files and that the Bank should be notified.

 

“As-Built” Plans from the Boy Scouts – A request came from the Planning Commission asking that the Boy Scouts submit to the Township “As-Built” plans for the Camp Tuckahoe project.  It was noted that if “As-Built” plans were submitted to the Township no bonding would need to be posted.  It was suggested that a letter be sent to the Boy Scouts requesting this plan be submitted.

 

Range End Commerce Center Supervisors Action Deadline, October 20, 2005 – The Township received a letter from Hoover Engineering requesting a final time extension until April 27, 2006 to complete the plan and address any outstanding issues.

 

Motion:           Vice Chairman Lambert made a motion to grant the final time extension on Range End Commerce Center until April 27, 2006.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Sherwood Heights Supervisors Action Deadline, October 20, 2005 – The Township received a letter from RGS Associates granting a time extension until January 25, 2006.

 

Motion:           Vice Chairman Lambert made a motion to grant a time extension on Sherwood Heights until January 25, 2006.  Seconded by Chairman Balsavage.  The motion carried unanimously.

 

It was noted that there are still numerous comments on this plan.  There was discussion on reports received that excavation work was starting up again.  YCCD has been notified of this.

 

 

 

Sturbridge Place, Waiver Request – Mr. Eric Johnston was present to represent this plan and requesting a waiver from Section 402 (20) & (21 of the SLDO requiring proof of sewer and water capacity for preliminary plan submission.  Engineer Knoebel indicated that this would be a waiver to Section 305.A8 completeness revision provision that a letter from the sewer authority be submitted indicating capacity.   A letter from Franklintown Borough Municipal Authority has been received indicating it will provide water supply at such time as sufficient supply of water is available and the developer has entered into an agreement.  The Township has not received any correspondence from DAA regarding sewer capacity for this project.

 

Motion:           Supervisor Shambaugh made a motion to grant the waiver request as a condition the sewer authority letter is submitted indicating capacity prior to preliminary approval.  Seconded by Vice Chairman Lambert.  Supervisor Decker indicated that she has a problem with granting waivers until there is sewer and water completeness.  The motion carried with Supervisor Decker opposing.  It was also noted that this area had been a dumping ground for sludge for many years and Supervisor Decker questions the safety of this area.

 

Kensington Manor, Waiver Request – The Township received correspondence from Brehm-Lebo Engineering requesting seven waiver requests.  It was noted that no revised plans have been submitted along with these requests; therefore no action is to be taken at this time.

 

Mike Sunday Plan – Engineer Knoebel reviewed the one copy of the plan that was recently submitted to the Township.  It is recommended that a revised land development plan be submitted including supporting stormwater management and drainage calculations.  It was noted that Mr. Eric Johnston had done supporting work a couple of years ago on this plan.  It was indicated that surveying work is being done along with revised E&S and NPDES.  The revised plan must meet the requirements of Subdivision and Land Development Ordinance.    Mr. Johnston noted that this plan will be formally amended and submitted to the Township.

 

Solicitor Schorpp noted that with the dumping of ash and his review of Ordinance 9-1985 a permit through the Township should have been applied for.  The location of ash is a Township concern.  Supervisor Decker stated that she had concerns and contacted DEP and was at the site when DEP did their inspection.  Chairman Balsavage questioned Supervisor Decker regarding her being at the site as a representative of the Board or on behalf of the Board. Chairman Balsavage noted that he was informed by DEP that Supervisor Decker was at the site as a representative of the Board of Supervisors.  Chairman Balsavage noted that as part of the minutes “that Supervisor Decker stated that she did visit the site as a Supervisor and the Township has no record of authorizing Supervisor Decker to represent the Board at a meeting with DEP.”  As part of the minutes “Supervisor Decker stated that there is no difference between her and Chairman Balsavage visiting the site. Chairman Balsavage stated that this is a “matter of opinion.” Supervisor Decker also stated that she had called PSATS before going to the site to see if it was clear for her to visit that property.  It was noted that Supervisor Decker was told that it was her right and an obligation to visit the site.”

 

James & Ruth Ann Rodkey Land Development Plan, Improvement Agreement Refund – The Township received correspondence from Mr. & Mrs. Rodkey requesting a refund.  Engineer Knoebel indicated that in May of 2004 an inspection was done and work was completed.  An infiltration system was installed. The Township retained 10% of the funds as part of the development agreement for 18 months.  It is noted that 17 of the 18 months are up.

 

Motion:           Vice Chairman Lambert made a motion to approve the refund request and waive the one month requirement from Mr. & Mrs. Rodkey in the amount of $2,025.20.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Patrick & Lisa Kelley, Time Extension – Correspondence was received from Mr. & Mrs. Kelley requesting a sixty-day time extension to their proposed subdivision in order to get certain permits from DEP.

 

Motion:           Supervisor Shambaugh made a motion to approve the sixty-day time extension for the Kelley subdivision plan.   Seconded by Vice Chairman Lambert.  The motion carried with Supervisor Decker abstaining. 

 

Edwards/Straw Subdivision Plan, Re-approval – This plan needs to be re-approved because the 90-days had expired in order to record this plan at the courthouse.  Solicitor Schorpp indicated that he has not yet received the Deed of Consolidation for review.

 

Motion:           Chairman Balsavage made a motion to re-approve the Edwards/Straw subdivision plan.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Supervisor Shambaugh stated that with the Kensington Manor plan, with all the waivers being requested that this plan be placed on the agenda for next month’s meeting with action to be taken.

 

 

REPORTS

Engineer

1.  Franklin Glen Storm Water Detention Basin and Screening Improvements Contract – Change Order #1 – Engineer Knoebel presented a Change Order for work being done at Franklin Glen.  This Change Order will result in a deduction of the original contract in the amount of $5,754.00.  The contract total including this and previous Change Orders will be $15,057.50.

 

Motion:           Chairman Balsavage made a motion to approve Change Order #1 in a deduction amount of $5,754.00.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

2.  Stoney Run Townhouses - It was noted that the deadline to correct the drainage issues at the Stoney Run Townhouses is October 31, 2005.  Engineer Knoebel stated that some of the work has been completed.  It was recommended that this be placed on the November agenda and that a reminder letter is sent to the developer.

 

Solicitor

1.  Ordinance 9-1985 Solid Waste Management Review – Solicitor Schorpp again discussed the ordinance and also the discussion that the ash waste is for beneficial use.  It was noted that a permit application should have been completed by the property owner.  There were questions on how it could affect wells in that area and that the water table is to be tested.  The Township should have some involvement with this type of operation.  Solicitor Schorpp noted in the ordinance that the Township has jurisdiction on the location of the disposal site.  It was noted that DEP is allowing American Ash Recycling to determine the sites to dump.

 

Building Permit Officer – A report was submitted by the Building Permit Officer and is on file in the Township office.

 

Roadmaster

1.  Purchase of tires – Supervisor Shambaugh noted that new tires are needed for the Ford Dump Truck and this is a budgeted item.

 

2. Zimmerman Radiator – Supervisor Shambaugh stated that he would like to withhold the payment to Zimmerman Radiator.  The oil cooler in the Grader needed replace and it is leaking again.  Until this is properly repaired the check is to be withheld for payment.

 

The Roadmaster’s report is on file in the Township office.

 

Park & Recreation

1.  Park & Recreation Meeting – Supervisor Decker indicated at their meeting of October 18th there were three boy scouts looking for projects to do.  It was noted a new bridge is needed at Ponderosa Park and the possibility of researching and labeling of the different plants in the nature area.

 

2.  Sign for Ponderosa Park – Boy Scout Ben Mummert from Troop 203 presented to the Supervisors a drawing of the sign for Ponderosa Park.  Mr. Mummert noted that he would be using pressure treated lumber, the background would be painted brown and the lettering would be white.  The sign would be secured by placing it in cement.  The location for the sign would be at S. Mountain Road and Water Street.  It was noted that the exact location should be worked out with the Township’s Roadmaster.

 

Motion:           Chairman Balsavage made a motion to approve the construction of the sign and have the Township pay for all of the materials.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Supervisor Shambaugh suggested that the sketch drawing of the bridge should be reviewed by a professional.  Engineer Knoebel noted KPI would review the drawing.

 

Supervisor Shambaugh stated that he received a complaint regarding the pavilion at Ponderosa Park, the one corner is below grade and water lies in that area and it should be drained.  It was suggested that Mr. Ocker, Roadmaster take a look at this.

 

3. Septic Tank, Ponderosa Park – Supervisor Decker stated the 1,000 tank was delivered and the restrooms are ready.  The cost was at half the price, at a cost of $250.00 delivered and in place.  During installation it was noted that there was another tank in place.

 

4. Resolution 5-2005, Requesting Permission to Participate in the PA Dept. of General Services Cooperative Purchasing Program, Ponderosa Park – It is part of the grant for Ponderosa Park.

 

Motion:           Chairman Balsavage made a motion to accept Resolution 5-2005 to participate in the PA Dept. of General Services Cooperative Purchasing Program for Ponderosa Park.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

5.  TruGreen ChemLawn Commercial Lawn Service Agreements -  These agreements are for the Township Park, Township Building, Ballfields, and Ponderosa Park for 2006.  It was noted that the Soccer Club usually helps to pay for this service.

 

Motion:           Vice Chairman Lambert made a motion to approve the agreements with TruGreen ChemLawn lawn service for 2006.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Supervisor Decker stated that the Soccer Club indicted that if any grass was destroyed during the tournament they would repair it.

 

Chairman Balsavage called for a recess at 8:20 p.m.

Chairman Balsavage reconvened the meeting at 8:25 p.m.

 

OLD BUSINESS

1.  Letter of Thanks to Patrick Hephner –

Motion:           Chairman Balsavage made a motion to send a letter of thanks to Mr. Patrick Hephner for his donation of a refrigerator, microwave, and stereo to the Township Building.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

 

2.  Contribution to Red Cross for Hurricane Katrina – Correspondence was received from the York County Commissioners asking for funds for Hurricane Katrina victims.  After review from Solicitor Schorpp it is noted that the Township has no lawful authority to appropriate Township monies for the Katrina disaster relief effort.  No action to be taken.

 

3.  Request for Dusk to Dawn Light – A letter was received from Sherri Myers requesting a Dusk to Dawn Light.  At last month’s meeting there were questions on who would be paying for the light, are neighbors aware of this request etc.   Ms. Myers was sent a letter requesting additional information.  The Township has not received a reply.  No action to be taken.

 

4.  Advertisement of Zoning Officer – Vice Chairman Lambert noted with a zoning ordinance getting closer to being adopted the Township should think about advertising for a Zoning Officer.  It was suggested that this be discussed at November’s meeting.

 

NEW BUSINESS

1.  Humane Society 2006 Animal Protection Service Agreement – There was discussion on whether or not this service is needed.  The price is comparable to previous years.

 

Motion:           Vice Chairman Lambert made a motion to approve and sign the agreement with the Humane Society for 2006 service agreement with emergency services.  Seconded by Supervisor Decker.  The motion carried unanimously.

 

2.  2006 West Shore Tax Bureau Budget and Resolution 6-2006 – There was discussion on whether or not to use the West Shore Tax Bureau or another company. 

 

Motion:           Vice Chairman Lambert made a motion to approve the 2006 tax bureau’s budget and to adopt Resolution 6-2005. .  Supervisor Shambaugh asked about a private company and it was indicated that any company or bureau would take a percentage.  West Shore Tax Bureau handles most of the municipalities on the west shore. There was problems previously but they know have a new director and software.   Supervisor Decker indicated that they deserve another chance.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

It was noted that a representative needs to be appointed to sit on the Board of Directors of the tax bureau.

 

Motion:           Chairman Balsavage made a motion to designate the West Shore Tax Bureau as the collection agent for Franklin Township and to appoint Vice Chairman Larry Lambert to be the representative to the West Shore Tax Bureau.  Seconded by Supervisor Shambaugh.   There was discussion that an alternate also needs to be appointed.   Motion:  Chairman Balsavage amended his motion to also appoint Supervisor Shambaugh as the alternate representative to the tax bureau.  Seconded by Supervisor Lerew.  The motion carried unanimously.

 

3.  WREN Grant Participation, Dillsburg Area Authority -  DAA is receiving the WREN Grant from LWVPA-CEF and needs to send them an interim report with the signatures of Coalition Partnership which includes Franklin Township.  There was discussion and so noted that Franklin Township supports the grant participation.

 

Motion:           Chairman Balsavage made a motion to sign the WREN Grant Interim Progress Report.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

 

4.  Public Hearing on Zoning Ordinance &

6.  Approval of Solicitor Schorpp’s Zoning Comments – At this time the public hearing and zoning comments were discussed together.  In regards to Solicitor Schorpp’s comments on the zoning ordinance it was indicated that the Solicitor should meet with KPI to discuss his comments.

 

Motion:           Chairman Balsavage made a motion to authorize Solicitor Schorpp to meet with the consultants to review his comments on the zoning ordinance.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.   Solicitor Schorpp indicated that a tentative date has been set for October 25th in Gettysburg.

 

It was suggested that the November 16, 2005 Public Hearing scheduled for the Zoning Ordinance be cancelled and that the Supervisors have a special meeting with the Solicitor and KPI to review these comments.  Vice Chairman Lambert requested that KPI address the clerical issues before meeting with the Supervisors.  There was discussion on which date to pick for this meeting.

 

Motion:           Chairman Balsavage made a motion to set a meeting for Monday, October 31, 2005 beginning at 12:00 noon and to advertise this meeting as a review of the Zoning Ordinance and any other issues that come before the Board of Supervisors.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

 

Next there was discussion on the use of Franklintown Fire Hall for the Public Hearing.

 

Motion:           Chairman Balsavage made a motion to make a donation of $100.00 to Franklintown Fire Co. for the use of their hall for the Public Hearing along with a letter of thanks.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

 

5.  Schedule of Budget Meeting – There was discussion on what date to hold the budget meeting.

 

Motion:           Chairman Balsavage made a motion to hold the first budget meeting on Thursday, November 10th beginning at 12:00 noon and to have this meeting advertised.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

7.  Workshop on Resource Operations – Supervisor Decker stated that under Park & Recreation she wanted to bring up her attending a workshop on Resource Operations to be held on Wednesday, November 2nd for a cost of $40.00.

 

Motion:           Chairman Balsavage made a motion to authorize Supervisor Decker to attend this workshop for a cost of $40.00.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

CORRESPONDENCE

1.  Letter from David Young, Zoning Ordinance Change – Vice Chairman Lambert stated that this request makes sense to extend the Mixed Use District to Mr. Young’s property.  It was noted that his property will be grandfathered in as the current use when the zoning ordinance is adopted.  No action is to be taken at this time.

 

PUBLIC COMMENT

There is no public comment.

 

TREASURER’S REPORT

Motion:           Chairman Balsavage made a motion to approve the Treasurer’s Report as submitted.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

APPROVAL & PAYMENT OF BILLS

After review of the bill list Supervisor Shambaugh again noted that payment to Zimmerman Radiator should be withheld until the Grader is fixed.

 

Motion:           Supervisor Shambaugh made a motion to approve the Bills with the exception of payment to Zimmerman Radiator.  Seconded by Chairman Balsavage.  The motion carried unanimously.  Supervisor Decker questioned the payment to Eichelberger, Inc. for water testing and suggested that this bill also be withheld until clarification.  Motion:  Supervisor Shambaugh amended the motion to also include the payment to Eichelberger, Inc.  Seconded by Chairman Balsavage.  The motion carried with Supervisor Decker noting that the zoning portion of KPI’s bill is not to be paid.

 

EXECUTIVE SESSION

Chairman Balsavage called for an Executive Session at 9:03 p.m. to discuss personnel matters.

The meeting reconvened at 9:19 p.m. with no action to be taken.

 

ADJOURNMENT

Motion:           Vice Chairman Lambert made a motion to adjourn the meeting at 9:20 p.m..  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Respectfully submitted,

 

 

 

Nancy E. Zentmeyer

Township Secretary