FRANKLIN TOWNSHIP

BOARD OF SUPERVISORS

November 17, 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, York County, PA.

ROLL CALL

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

PLEGE OF ALLEGIANCE AND PRAYER

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

APPROVAL OF MINUTES

September 15, 2005 Board of Supervisors (Amended) -  Chairman Balsavage asked if anyone had any comments regarding the revised September 15, 2005.

Motion:           Supervisor Shambaugh made a motion to approve the amended September 15, 2005 minutes as submitted.  Seconded by Vice Chairman Lambert.   Supervisor Decker noted a couple of other changes needed.   On page 3 the word width should be widen, also on page 3 the second paragraph the “ed” should be dropped on the word attach and the second motion should indicate Erosion & “Sedimentation” Control Plan.

Motion:           Supervisor Shambaugh amended his motion to include the additional changes.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

October 20, 2005 Board of Supervisors – Chairman Balsavage asked if anyone had any comments or corrections to the October 20, 2005.  Supervisor Decker noted that following changes:  on page 2 under Kauffman Motorsports it is noted that the Letter of Credit should be “renewed” not amended; on page 2 under As-Built Plans from the Boy Scouts it should be noted that it was “agreed” that a letter be sent to Boy Scouts and not suggested; on page 3 under Mike Sunday the end of the first paragraph it should be noted “however the work was not conducted by Eric Johnson on the plan submitted to the Township”; on page 5 under Septic Tank, Ponderosa Park a 1,000 “gallon” tank and omit “and the restrooms are ready”; on page 6 under 2006 West Shore Tax Bureau it should be noted that the Bureau now has a new director; and on page 8 under Approval and Payment of Bills Supervisor Decker opposed the zoning portion of KPI’s bill.

Motion:           Supervisor Shambaugh made a motion to approve the October 20, 2005 Board of Supervisors minutes as amended.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

November 10, 2005, Budget Meeting – Chairman Balsavage asked if anyone had any questions regarding the minutes of the Budget Meeting of November 10, 2005.

Motion:           Chairman Balsavage made a motion to approve the November 10, 2005 Budget Meeting minutes.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

AGENDA AMENDMENTS

Chairman Balsavage asked if anyone had any agenda amendments.  It was noted that there were none.

ORGANIZATION REPORTS

Police – Vice Chairman Lambert gave the Police Report with a breakdown as follows:  Franklin Township is down 102 calls which is a decrease of 10.4% year-to-date. In the months of October and November there were 94 sessions of training by the NYCRP.   The police report is on file at the Township office.

Fire – No report was submitted.

EMS – A report was submitted but there was not anyone present to report.   The EMS report is on file at the Township office.

DAA – No report was submitted.

Emergency Management – Mr. Laurin Fleming was present to give his report.  Mr. Fleming indicated that training has become more critical and that he has completed most of the training.  It was noted that under New Business Mr. Fleming is scheduled to discuss NIMS and it was addressed at this time.  Mr. Fleming indicated that NIMS, FEMA and PEMA are mandating that a concept committee needs to be formed to be in compliance for homeland security.  Municipalities have until August 2006 to have this in place in order to receive federal funding.  There are standards and training that will need to be completed by the Highway staff, Supervisors, Office staff, and Emergency Management staff.  Mr. Fleming indicated that he would help assist to establish the committee.   It was noted that this will be overlaid by the County.

Motion:           Chairman Balsavage made a motion for Mr. Fleming to ask for members to serve on this committee and to also have this advertised on the Township’s cable channel.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

Mr. Fleming also indicated that the Emergency Action Plan is being reviewed by a committee at the United Way will be submitted for observation after the re-write in approximately one month and by January/February to be submitted to the County.  Supervisor Decker indicated that she would be willing to serve on the committee..  There was also discussion on Mr. Fleming having the authority to spend money in the case of a disaster without coming before the Supervisors and it was noted that this is a line item in the budget.  The Supervisors noted that they did not have a problem with that.

Zoning Committee – There was no one present to give a report on Zoning, but it was noted that the Planning Committee expressed that they felt it would be beneficial to have another Zoning Workshop before the Public Hearing and the adoption of the ordinance.

NEW BUSINESS

NYCSF, James Caplinger Executive Director – At this time Chairman Balsavage moved Mr. Caplinger up on the agenda as he has another engagement.  Mr. Caplinger gave a brief report on what programs the foundation provides.  It was noted that they provide recreational, social, and educational programs.  They are also involved with Dillsburg Library, Senior Activity Center, New Hope Ministries, and the School District. It is noted that the School District is considering withdrawing the Adult Education Programs and NYCSF would be picking up those programs. Mr. Caplinger also noted that the Foundation would like to build a new facility (i.e. one building or campus type) but at the present time there is not enough money available but will be applying for grants in order to build a center.  Supervisor Decker stated that the “Y” may be coming into the area and asked if that would be a duplicate of what is being proposed.  Discussion ensued.  It was estimated that the cost could be approximately three million dollars and most of the monies would be coming from grants and financing.  It was noted that costs could come down if there was donations of land and contractors.  It would also be feasible to have the Library, Adult Center, NYCSF, and New Hope combined instead of having four different facilities.

SUBDIVISION AND LAND DEVELOPMENT

Patrick & Lisa Kelley, On-Lot Sewage Permit – It was noted that approval is needed for the exemption for the On-lot Sewage Plan for the Kelley Plan.

Motion:           Chairman Balsavage made a motion to authorize the approval for the exemption for the On-lot Sewage Plan.  Seconded by Supervisor Shambaugh.  The motion carried with Supervisor Decker abstaining.

Baker & Deeds Final Subdivision Plan, Time Extension – It was noted that time extension letter had been received from Rodney Decker granting a time extension to review the plan until January 31, 2006.

Motion:           Vice Chairman Lambert made a motion to accept the time extension on the Baker & Deeds Subdivision Plan until January 31, 2006.  Seconded by Supervisor Lerew.  The motion carried with Supervisor Decker abstaining.

Baker & Deeds Land Development Plan – A letter was received from Hoover Engineering withdrawing the plan in order to obtain the necessary service letters from the water and sewer authorities.  Upon receipt of these letters the plan will be resubmitted.  No action is needed at this time, but the fees will be applied to the resubmittal.

Margaret Smith Final Subdivision Plan, Planning Waiver and Approval – This plan is to subdivide an existing 27.6-acre lot into two lots (10.02 acre and 17.14 acre) to be used for single family residence located on Rocky Ridge Road and S. Mountain Road.  It was noted that a planning exemption is needed for the exemption to this plan. 

Motion:           Chairman Balsavage made a motion to approve the exemption to planning sewage to the Margaret Smith Plan.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

There was discussion on the comments from KPI and the County.

Motion:           Chairman Balsavage made a motion to approve the Margaret Smith Subdivision Plan and that the applicant agrees to the conditions placed on the plan from the Engineer’s letter of November 3, 2005.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

Andrew & Marilyn Broden Subdivision Plan – This plan is to subdivide an existing 1.04-acre lot into two lots.  This is to be conveyed as lot additions to existing adjoining lots.  It is noted that approval is needed on the non-building waiver.  It is noted that this plan is adding acreage to already non-conforming lots.

Motion:           Chairman Balsavage made a motion to approve the non-building waiver for the Andrew & Marilyn Broden Subdivision Plan.  Seconded by Supervisor Shambaugh.  The motion carried.

There was discussion that a Deed of Consolidation will be needed in order to record the plan. 

Motion:           Chairman Balsavage made a motion to approve the Andrew & Marilyn Broden Plan and that the Deed of Consolidation is included along with the acreage of parent tracts are placed on the plan and that the applicant agrees to the conditions placed on the plan from the Engineer’s letter of November 3, 2005.  Seconded by Supervisor Shambaugh.  The motion carried with Supervisor Decker opposing.

Kensington Manor Waiver Requests – The waiver requests that were submitted last month were discussed from a letter from Brehm-Lebo, dated September 27, 2005.

1.         Waiver request from Section1.J, Minimum Lot #1 Area. – It was noted that this waiver request has already been granted.

2.         Waiver request from Section 402.a, Plan Scale. – It was noted that this waiver request has already been granted.

3.         Waiver request from Section 514.a.8, Lot Depth to Width Ratio.

Motion:           Chairman Balsavage made a motion to deny the waiver from Section 514.a.8.  Seconded by Supervisor Shambaugh.  The motion carried with Supervisor Decker opposing.

4.         Waiver request from Section 518.e, Steep Slope Requirements.  (This impacts Lots 18-21)

Motion:           Chairman Balsavage made a motion to deny the waiver from Section 518.e.  Seconded by Vice Chairman Lambert.  The motion carried with Supervisor Decker abstaining.

5.         Waiver request from Section 518.f, Detention Basin Grading.  After discussion it was decided that no action is to be taken at this time.

6.         Waiver request from Section 522, Reduction in lot areas as a result of drainage easements.

Motion:           Chairman Balsavage made a motion to deny the waiver of Section 522.  Seconded by Supervisor Shambaugh.  The motion carried.

7.         Waiver request from Section 504.b, Street Systems.  There was discussion on a diagram with three panhandle lots are to be eliminated and a shared driveway for additional lots on a private drive.

Motion:           Chairman Balsavage made a motion to deny the waiver of Section 504.b.  Seconded by Supervisor Shambaugh.  The motion carried with Supervisor Decker abstaining.

8.         Waiver request from Section 518.f, Grading within ROW.

Motion:           Chairman Balsavage made a motion to deny the waiver of Section 518.f.  Seconded by Vice Chairman Lambert.  The motion carried.

REPORTS

Engineer

1.   Stoney Run Townhouses, Drainage Issues Status – Engineer Begis indicated that the work has been completed.

2.   Franklin Glen – Engineer Begis has been in contact with Greg Black, Black Landscaping and this work should be completed within two to three weeks.

3.   Boy Scouts, Camp Tuckahoe – Engineer Begis stated that a disc of the “As-Built” plan as requested has been received.

Solicitor

Solicitor Schorpp noted that he does not have anything to report at this time.  A question was asked regarding the convention and if a Supervisor produces a certificate what is the procedure on being paid and a call to PSATS indicated that this would be a State law.  Solicitor Schorpp stated that he would have to check the code and would have an answer later in the meeting.

Building Permit Officer – Mr. Fahey was present to discuss his report. 

1.   1 Stoney Run Road - Mr. Fahey asked if KPI could do a study to see if the driveway as constructed is creating any liability at the intersection at Stoney Run Road and Route 194.

2.   7 Stone Head Road – There is a probable violation of the driveway ordinance at 7 Stone Head Road that needs to be addressed.  A new stone driveway has been added and the existing driveway has been widen and probably exceeds the ordinance limits.

3.   Lot 7, 103 Bethel Church Road -  A letter had been received from Clark P. Craumer, PLS writing on behalf of Michael Myers in requesting a waiver for preparing a Stormwater Plan for the proposed home.  The Stormwater Plan is a requirement of the recorded plan.

Motion:           Chairman Balsavage made a motion to deny the waiver request for relief of completion on the Stormwater Plan on Lot 7, Bethel Church Road.  Seconded by Vice Chairman Lambert.  The motion carried with Supervisor Decker abstaining.

Motion:           Chairman Balsavage made a motion that a Certificate of Occupancy will not be issued until the Stormwater requirements are met.  Seconded by Supervisor Shambaugh.  The motion carried with Supervisor Decker abstaining.

Mr. Fahey asked in regards to 1 Stoney Run Road if the owner should post bonding.  It was noted that no action to be taken until the Township hears from the Engineer on his findings.

Mr. Fahey indicated that he would interested in the part-time Zoning Officer position.

Roadmaster

Supervisor Shambaugh presented the Roadmaster’s report and noted that there is nothing to add.  The report is on file at the Township office.

Parks & Recreation

Supervisor Decker noted that there were two scouts along with Mr. Fleming at the Park & Recreation meeting and they are proposing the two projects of the nature area and revamping of the building.   The Youth Baseball Association was also present noting that they will be attending these meetings and it was indicated that they could possibly help with the payment for the treatment of the grounds. Information was received from DCNR on hiring a consultant for the master plan.  December’s meeting has been changed to Tuesday, December 13^th.  It was noted that this will have to be advertised.

OLD BUSINESS

1.   Advertise for Zoning Officer – This was tabled since Mr. Fahey, BPO has indicated that he would be interested in this position.

2.   Mike Sunday – Mike Sunday and George Albright from AAR were present to discuss the ash that is being hauled onto Mr. Sunday’s property. Chairman Balsavage noted that Mr. Sunday is under a mandate to submit the land development plan to the Township.   It was noted that Mr. Sunday also needs to be in compliance with the Township’s Solid Waste Management Ordinance.  There is no formal form, but Mr. Sunday still needs to make application by addressing what is stated in the ordinance.  Mr. Sunday stated that a response will be made by the next meeting on both issues.  According to YCCD progress is being made at the site in regards to the E&S.

Supervisor Decker stated that Mr. David Valero from the Solid Waste Authority is under the impression that approvals were received from the local municipality.  Mr. Albright indicated that the ash has a beneficial use and is regulated by DEP.  There was discussion on the test pits, which were dug by Mr. Sunday, and Mr. Albright indicated that he was present when these pits were dug and thought they were in compliance.  It was noted that there were no inspectors at the site, although there are certificates of analysis which do show the results of the elements going into the ground.  It was noted that there is ongoing chemical analysis being done on the ash which is a requirement of the permit with the State.  It was also noted that there is no medical waste incorporated in the ash waste.

Supervisor Decker stated that she had contact DEP both at the Harrisburg and York offices to do some research on AAR and noted that there were some violations.  Mr. Albright gave a explanation on this issue.  Supervisor Decker also stated that she had received results from Mr. Valero on the chemical analysis.

Chairman Balsavage recapped the discussion that Mr. Sunday is aware of the Solid Waste Ordinance and that the submission of a land development plan is expected in December.

Mr. Sunday questioned if he could finish hauling in the 800-1,000 tons to complete the project.  Mr. Albright noted that the Township has environmental concerns but would like permission to bring this ash onto Mr. Sunday’s property.

It was noted that the Board of Supervisors are not approving the request but if Mr. Sunday proceeds with the hauling of ash it is at “his own risk”.  Supervisor Decker stated that she has a real problem with more ash being hauled onto the site.

Supervisor Shambaugh pointed out that with the Township not being notified of this project that he also has a problem with this project.

NEW BUSINESS

1.  Correspondence from David Young – Mr. Young was present to again ask for the zoning of his property at 10 & 12 Capitol Hill Road to the Mixed Use District.  Chairman Balsavage noted that this is being taken under advisement.  Mr. Young also indicated that he has talked with his neighbor, Jay Myers, and he would also like to see the Mixed Use District extended.

2.   Advertise Budget Display – It was noted that the Budget is ready for public display.  This must be on display for 20 days before adoption.

Motion:           Chairman Balsavage made a motion to advertise that the 2006 Township Budget is on display for public review and comment.  Seconded by Supervisor Lerew.  The motion carried unanimously.

At this time Solicitor Schorpp noted that in the Second Class Township Code it indicates that any Supervisor attending the County Convention is entitled for reimbursement of $35.00 per day plus mileage.  This is to cover wages loss while attending the convention.

CORRESPONDENCE

It was noted that there is no correspondence at this time.

PUBLIC COMMENT

It is noted that there is no public comment.

TREASURER’S REPORT

The Treasurer’s Report has been submitted and is on file in the Township office.

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

APPROVAL AND PAYMENT OF BILLS

The bill lists were submitted for payment.

Motion:           Chairman Balsavage made a motion to approve the bill lists and to amend  to also include payment to Supervisor Decker in the amount of $35.00 for the County Convention she attended.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

Motion:           Supervisor Shambaugh amended the motion to also include the payment of mileage to Mr. Laurin Fleming, as stated in his report.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

Chairman Balsavage asked if there was anything else to bring before the Board. There was discussion on the Public Officials Liability Insurance and it was noted that there is a change in the insurance company handling this policy.  Forms are being sent in and the Supervisors are covered.   It was noted that Mr. Sunday had also requested a release of money held in escrow for the construction of the roadway which is now completed.  It was decided to table this request.

Motion:           Chairman Balsavage made a motion to have the engineer review the Michael Sunday property regarding this request.  Seconded by Supervisor Lerew.  The motion carried unanimously.

ADJOURNMENT

Motion:           Vice Chairman Lambert made a motion to adjourn the meeting at 8:42 p.m.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

Respectfully submitted,

Nancy E. Zentmeyer

Township Secretary