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

Present were Supervisors Naomi Decker, Larry Lambert, Don Lerew, John Shambaugh, Engineer Tim Knoebel, Solicitor Edward Schorpp, Secretary Nancy Zentmeyer, and Acting Secretary Patricia Sangialosi. Visitors included: Brian Fahey, Peggie Williams, Tom Lucus, Art Bert, Rodney Decker, Sam Sangialosi, Alex Lehmer, Vaughn & Jami Turner, Gary Brown, Sara Toll, Dan Murphy, Eric Johnson, George Zimmerman, Lynn Potts, and Sandee Bittner.

Larry Lambert led the Pledge of Allegiance and Don Lerew gave the opening prayer.

April 8, 2005 – Larry Lambert made a motion and seconded by John Shambaugh to approve the minutes as submitted with a correction that the Township Supervisors "met" instead of "meet". Vote: Decker, Lambert, Lerew, Shambaugh – Aye.

April 21, 2005 – Larry Lambert made a motion and seconded Don Lerew to approve the minutes as submitted for the Hearing for Ordinance 2-2005. Vote: Decker, Lambert, Lerew, Shambaugh – Aye.

April 28, 2005 – John Shambaugh made a motion and seconded by Naomi Decker to approve the minutes as submitted. Vote: Decker, Lambert, Lerew, Shambaugh – Aye.

May 6, 2005 – John Shambaugh made a motion and seconded by Donald Lerew to approve the minutes as submitted. Vote: Decker, Lambert, Lerew, Shambaugh – Aye.

The Regular Meeting minutes of the Board of Supervisors was missed and action is to be taken.

April 21, 2005 – Naomi Decker had the following changes: second paragraph under Approval of Minutes the last word should be "accomplishment" not accomplished; on page 3 under Lexington Fields the word finding should be "found"; on page 4 under Reports – Engineer Estimate for Survey should include "in the cost range of $3500.00; under page 4 Building Permit Officer on 50 May Drive it should be noted the basement cannot be "used"; on page under 217 Chain Saw Road – amend to read that the owner needs to get a permit for the shed; under New Business on page 5 Public Meeting it should read "Representative Bruce Smith"; and under Correspondence on page 5 it should be noted that the Township does "not" send tax notices. Naomi Decker made a motion and seconded by Larry Lambert to approve the minutes.. Vote: Decker, Lambert, Lerew, Shambaugh – Aye.

Police - no report

Franklintown Fire Company – no report

Citizen’s Hose – no report

Dillsburg EMS - in the month of April there were 90 calls with 17 in Franklin Township. During EMS week the EMS will be at the elementary schools and daycare center. Pickle Fest is this week and it was encouraged that everyone come out. The new ambulance, which should be in operation the first week in June, is at a cost of $125,000.00 with radios installed. There has been a verbal agreement. Five new employees started today.

Dillsburg Authority – no report

Emergency Management – no report

Naomi Decker amended the agenda with the following items: April 28^th Zoning Workshop no minutes have been transcribed; credit was made last month for Phyllis Emlet and Larry Lambert for the interest bearing accounts but recognition should also be given to the Auditors for their recommendation; Under Reports for Engineer #5 should be added on written waiver request for Lexington Fields; Under Reports for the Solicitor the professional liability insurance; Under Old Business the letter received regarding the property on Tuckahoe Road. Tim Knoebel indicated that John Shambaugh may want to bring up, under Roadmaster Report, the inspection Roadmaster Gary Ocker and himself did at the property on W. Greenhouse Road.

Apple Blossom Subdivision – It was noted that no action is scheduled for this plan until next month. Mr. Eric Johnston from Johnston & Associates was present to represent this plan. Mr. Johnson presented revised plans addressing concerns indicated by the Supervisors at the last meeting. The plan still needed waivers to allow greater impervious coverage on five lots. It was suggested that the developer eliminate the five lots or allow for smaller homes on these lots. It was noted that the lots should not exceed 10% coverage. There is another issue with the steep slopes especially where the access road would join the development of Sherwood Forest.

Mr. Johnston indicated that modifications have been made to this plan with the elimination of Lot 21 and Lots 19 and 20 reconfigured to create more area and less impact. Lot 11 was re-evaluated regarding the environment of wetlands and streams. It is noted that a reduce in waiver requests is for 5 lots only because of the reconfiguration of 5 lots to limit the impervious coverage by increasing the lot size to approximately 26, 000 – 27, 000 s.f. instead of the required 21,000 s.f., which is required by ordinance. The following is impervious coverage on the five lots: Lots 11 and 12 have 11.5%; Lots 13 and 20 have 12.7%; and Lot 17 has 14.2%. It was noted that there needs to be access to the water tank lot. Mr. Johnston indicated that York County Conservation District does have these plans for review. It was noted that there is no hardship regarding this development. It was stated that the lots should be increased to the size of the home that is being planned and then no waiver requests would be needed. Mr. Johnston indicated that the 10% restriction is very difficult to meet. The Supervisors stated that is because it is in a steep slope area. It was noted that on lots 50 -71 the impervious coverage is only between 3%-7%. There was discussion of a Plan B to eliminate the 5 lots altogether and it was noted that waiver request of Section 518.C&D would be tabled until the June meeting.

Again there was discussion on the limitations on 5 of the lots with the steep slope issue and run-off. Mr. Johnston stated that all of the homes will have a lot infiltration pit for the roofs so all run-off will go into the ground.

There was a letter received from a resident that has concerns regarding the traffic going through Sherwood Forest. A traffic study was done and it suggested the off-set intersections along South Mountain Road.

It is noted that the Supervisors are not comfortable with the old mining activity in that area. A mining survey was submitted to the Township Engineer on April 15^th, but the review is not complete. The Planning Commission recommended a review of this report and comments. It was noted that experts would be monitoring the situation during construction. Naomi Decker stated that she wants this study done before construction starts. It was questioned on how they would be able to bond the project with the mines issue.

It was noted with the old mines in that area some of the holes or shafts could be at least 35’ deep. It was noted that a statement could be placed on the plan indicating these mines. Lots 18-24 it has not yet been determined whether or not mines are there.

Mr. Johnston indicated that there are methods in place to construct the roads such as to bridge it.

Mr. Johnston asked the Supervisors if there is no type of a conditional approval for the bonding. Tim Knoebel stated that the testing is to be done along the entire road due to the clay and pit mining. Tim Knoebel stated that there are a lot of concerns with Despina Drive.

Larry Lambert again stated that the steep slope issue and history is not good for the Township and does not like to see this on any plans.

Discussion on making a cul-de-sac instead of two entrances which would eliminate the access road and the problems with the mines. It was noted that if there is a second entrance it could be gated for emergency access only.

It was suggested that the developer/engineer revise the plan with the cul-de-sac and have the plan reviewed again.

Larry Lambert made a motion and seconded by Donald Lerew to table the Apple Blossom Subdivision Plan until the issues are resolved and another plan is submitted for review. Vote: Decker, Lambert, Lerew, Shambaugh – Aye.

Foxwood Estates – run off complaint – a letter had been received from Vaughn & Jami Turner regarding the stormwater drainage problem on Lot #4. The site was visited on May 13, 2005 and from the review it appears that the drainage swale has been installed on Lot #4 in such a way that the swale terminates in an area which is low in elevation as compared to the surrounding grade. It may be possible to extend the swale and to install some form of sumped surface drain beneath the swale to assist in infiltrating runoff.

MS4 Annual Report – this report needs to be filed with DEP which is due in June.

Township Building Survey – this work is to be done next week.

Lost Hollow Road Drainage – Gary Ocker will check the elevations and will then tar/chip either this year or next. The culvert pipe needs replaced and should be done before the road crew go out and tar/chip. There was discussion on diverting the drainage easement. The swale needs to be re-graded and that is an issue the Township can deal with. It was noted that the sump pump water should not come to that area. Mr. Murphy asked that when they are out shooting the elevations if they could also shot the elevations behind his home. It was suggested trying to correct the swale first and see that would work with re-grading and go back at a later date and move the sump pump swale. It was noted that this could work. It was noted that there is an easement on the plan. Mr. Murphy stated that a neighbor did place a french drain.

Lexington Fields - the plan went to the Planning Commission with no action taken and with no request in writing. The MPC requires a waiver for sewer capacity. It was noted that a letter from Dillsburg Authority should be filed for completeness. The Authority, with their increase, has 1100 units of capacity allowed and that the sewer reservation fee must be been paid and the developer will get a letter before final approval is given. With the reservation fee being paid that will guarantee the capacity to the developer. Mr. Knoebel stated that there was an issue from the Township ordinance years ago, that required before preliminary approval an acknowledgement letter from the Authority showing that capacity exists be filed for completeness. It was noted that if a developer does not pay the reservation fee there is no guarantee that capacity will be available. Also noted that the Authority at some point will cut-off issuing these letters.

Brillhart Insurance – Edward Schorpp informed the Supervisors that Brillhart Insurance is seeking payment of $667.63 as a balance due for insurance coverages. Larry Lambert noted his understanding is that this insurance was paid through January 2006 and that could this bill be for a quarterly payment or a penalty for midterm cancellation. It was noted that there were adjustments made to Worker’s Compensation. Naomi Decker stated that a dividend check was received for approximately $2000.00 and it was suggested that this bill be paid. Larry Lambert made a motion and seconded by Naomi Decker to pay the bill to Brillhart Insurance in the amount of $667.63. Vote: Decker, Lerew, Lambert, Shambaugh – Aye.

Professional Insurance – Edward Schorpp indicated that this insurance is needed. The insurance is Municipal Risk Management Property and Liability.

Adelphia – Questions were asked what the Township is doing. Larry Lambert stated that he had called Adelphia and did not receive a call back. It was noted that the Board wishes to have a discussion on informal negotiations. It was suggested that Mr. Schorpp be the contact person for the Township to make sure the Township is getting the same benefits.

Brian Fahey submitted his report of activities during the months of April and May, 2005 which is on file at the Township Building. In addition to his report Mr. Fahey noted that there was a fire at 146 Rocky Ridge Road and that the contractor is not doing the work and no permit has been issued. It was indicated that the approximate cost of this project is $127,000.00 and the property owner is in the process of getting another contractor. This will most likely being going to court as a civil issue.

Another issue is the property at 1503 S. Mountain Road, Lot 24. Mr. Fahey stated that he had received a call from Mary Ann stating at this property the whole hill was striped. It was indicated that this is an old subdivision and that there should be a DER permit and plan. Mr. Fahey stated that he is requiring a signed plan fro DEP. Mr. Shelly, Building Inspector, did make an inspection of this property and indicated that it is seeded and a silt fence is in place.

Brian Fahey requested that the Board of Supervisors subscribe to the publication "Building Permits Law Bulletin" at a price of $99.00 which includes a CD ROM for the 2004 issues. Larry Lambert made a motion and seconded by John Shambaugh to subscribe to the Building Permit Law Bulletin at a cost of $99.00. Vote: Decker, Lambert, Lerew, Shambaugh – Aye.

Report is on file at the Township office.

Tuckahoe Road – John Shambaugh gave the report indicating that the boy scouts want the road work finished with blacktop up to the gate. It should be determined by documentation who owns the road. Mr. Shambaugh noted that he would go back to the scouts and inform them the Township wants it determined first of who owns the road and then the Township will decide what is to be done. There was discussion on the "as-built" plan in regards to their last land development plan. Mr. Knoebel stated they requested "as-built" plan because they did not know where some of the buildings would be going. It was noted that it has been some time since the request and Mr. Shambaugh noted that would also be part of his discussion with them.

John Shambaugh noted that a road inspection was conducted on May 5, 2005 by the Township Engineer and Roadmaster regarding a fence in the Township’s right-of-way. The property is at the corner of West Greenhouse Road and Pine Street which lies within Carroll Township but with the property frontage on West Greenhouse Road in Franklin Township. The inspection was conducted with officials from Carroll Township. It was confirmed that the fence posts are located within the Township’s right-of-way of 16.5 feet but since the house and other buildings have been handled by Carroll Township, it was noted that Carroll Township would work with the property owners. It was noted that the fence would need to be re-located beyond Franklin Township right-of-way. John Shambaugh made a motion and seconded by Larry Lambert to have a letter written to the homeowner to remove fence posts out the Township’s right-of-way and that the building permits will be addressed by Carroll Township. Vote: Decker, Shambaugh, Lambert, Lerew – Aye.

It was noted that there is garbage along Tuckahoe Road and that the Building Permit Inspector is to check this out. It was noted that DEP should be called regarding this situation.

It was noted that a letter of thanks should be given to Gary Ocker, Roadmaster for the great job done during the clean-up day.

Naomi Decker noted that the Park & Recreation Board met on May 10^th to discuss the Ponderosa Park open house is to be held on Saturday, June 11, 2005 from 12 noon to 3 p.m. and will be called Ponderosa Awareness Day. It was noted that an advertisement will be placed in the Dillsburg Banner. It was suggested that this should be advertised at least 2 if not 3 times. It was indicated that there were flyers available on election day advertising this event. Naomi Decker stated that the Concept Plan for Ponderosa Park will be displayed. Refreshments will be provided along with a suggestion box for residents to indicate what types of sports and/or recreation facilities they wish to see included in the final plans. Larry Lambert made a motion and seconded by Don Lerew for up to $1000.00 from the General Fund to be spend on the Ponderosa Park Awareness Day. Vote: Decker, Shambaugh, Lambert, Lerew – Aye.

Larry Lambert stated that he would like to move public comment to the next item on the agenda but first there is a 5 minute break.

William Baltaeff indicated that he purchased an acre of land from Fred Kimmel in 1989, is now looking to see this property and questioned with the ordinance of the minimum acreage of 4-acres if his land is not acceptable. It was noted that his land would be grandfathered in but that a septic permit would be needed before a building permit is issued. For a perc test he would have to contact the SEO.

There was no old business brought before the Board of Supervisors.

Community Development Block Grant Program – 3 year period – A letter was received from The County Commissioners of York County for the community development block grant for the fiscal years 2006-2008. If the Township decides to "opt out" for the community block grant program the Township must notify the County Commissioners otherwise the Township will automatically be in the program.

Membership to York County Economic Development Corporation – A letter was received from the York County Economic Development Corporation. It was indicated that there is no fee to join since the Township is a municipal government. Larry Lambert made a motion and seconded by John Shambaugh to complete the application form. Vote: Decker, Shambaugh, Lambert, Lerew – Aye.

Girl Scout Troop 573 request to plant trees in the Franklin Township area – The girl scouts would like to plant some trees in the Township and are looking at Franklin Township Community Park possibility along the creek. It was suggested that Ponderosa Park could also have some the trees planted there. It was noted that a meeting will be held with the Park & Recreation Board for further discussion on this subject. The next meeting is scheduled for May 24^th. The type of trees to be planted are Ash and Pine.

MRM Property and Liability Trust Pooling Agreement – A letter was received from The HDH Group, Inc. with no discussion or action taken. It was noted that this is for informational purposes only.

Tuckahoe Road – this item was discussed under the Roadmaster Report.

Larry Lambert made a motion and seconded by Don Lerew to approve the Treasurer’s Report as submitted. Vote: Decker, Lambert, Lerew, Shambaugh – Aye.

Larry Lambert made a motion and seconded by John Shambaugh to approve the payment of bills. Naomi Decker stated with the exception for zoning of the KPI portion of their invoice. Vote: Decker, Shambaugh, Lambert, Lerew – Aye.

It was noted that a skid loader was rented in order to put the playground equipment in.

It was noted that the Board of Supervisors did not need to meet for an Executive Session tonight.

Larry Lambert made a motion and seconded by Don Lerew to adjourn the meeting at 9 p.m. Vote: Decker, Lambert, Shambaugh, Lerew – Aye.

Nancy E. Zentmeyer

Secretary

Revised