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.

Present were Supervisors Ed Balsavage, Larry Lambert, Naomi Decker, John Shambaugh and Don Lerew, Engineer Tim Knoebal, Solicitor Edward Schorpp, Secretary Nancy Zentmeyer. Visitors included: Rodney Decker, Kent Raffensberger, Peggie Williams, Mike Murphy, Sara Toll, Stanley Toll, Vaughn Turner, Robert Watts, Art Bert, Dan Murphy, Don Gasswint, Nancy Nichols, John Williams, Barbara Cobb, Stephen Cobb, and Sandee Bittner.

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

Chairman Balsavage opened the bid for the 1966 Chief Galion Roller. The Township received only one bid which was from Michael Sunday’s Heavy Equipment, Inc. at a bid price of $175.00. Vice Chairman Lambert made a motion and seconded by Supervisor Lerew to award the bid to Michael Sunday’s Heavy Equipment, Inc. at a bid price of $175.00. The motion carried unanimously.

April 28, 2005 Zoning Workshop – Vice Chairman Lambert made a motion and seconded by Supervisor Shambaugh to approve the minutes as submitted. The vote carried unanimously with the exception of Chairman Balsavage who abstained.

May 19, 2005 Board of Supervisors Regular Meeting – Supervisor Decker indicated that she would like to table these minutes until the next Supervisors meeting as she feels there are items that need to be clarified. Supervisor Shambaugh made a motion and seconded by Supervisor Lerew to table these minutes until next time. The motion carried unanimously.

May 26, 2005 Zoning Workshop – Supervisor Decker noted that the 7^th paragraph under "Order of Business" the first word should be "Other" instead of "Another" and on page 2 the second line from the top at the word "be" should be placed between the words "would and the". Vice Chairman Lambert made a motion and seconded by Supervisor Shambaugh to approve the minutes with the corrections as noted. The motion carried unanimously with the exception of Chairman Balsavage who abstained.

June 3, 2005 Bid Opening Stone & Oil – Vice Chairman Lambert made a motion and seconded by Supervisor Shambaugh to approve the minutes of June 3, 2005 as submitted. The motion carried unanimously.

June 9, 2005 Zoning Workshop – Vice Chairman Lambert made a motion and seconded by Supervisor Shambaugh to approve the minutes of June 9, 2005 as submitted. The motion carried unanimously with the exception of Chairman Balsavage who abstained.

Mr. Knoebel suggested that the Turner letter which is under Old Business #1 be placed as item #5 under Engineer’s Report.

Supervisor Shambaugh stated that there is a personnel issue regarding Ms. Hansen which should be addressed.

Supervisor Lerew has a question which concerns a landowner who has a parcel with both a house and barn and needs answers regarding subdividing this parcel. It was noted that this would be placed as item #5 under New Business.

Police - Vice Chairman Lambert stated that their meeting is scheduled for June 21^st and he will report on this at the next meeting. There was discussion on the speeding on Capitol Hill Road. It was noted that Northern York County Regional Police have been called regarding this issue but residents do not see them patrolling that area. Vice Chairman Lambert stated that he will bring this up at their meeting.

Mr. Art Bert stated that he lives on that road and will confirm that there is a lot of speeding on that road. It seems like it is a test tract on just how fast cars can go. It was questioned if there is any one time that this is occurring. Mr. Bert stated that it varies. It was suggested that the police should stop in at Kauffman Motorsports.

Franklintown Fire Company – no report

Citizens’ Hose/EMS – Citizens’ Hose Company No. 1 – EMS report was presented with a breakdown as follows: for the month of May there were 7 Medical calls, 4 MVA with a total of 11 Municipal calls. It was noted that there are 7 new part-time staff members. It was suggested that these reports be submitted either on a quarterly basis or the reports could be faxed to the Township each month. Chairman Balsavage stated that this would be fine and that staff members have better use of their time than attending meetings.

Chairman Balsavage again stated for Doris Nell, who just came to the meeting, regarding the speeding on Capitol Hill Road that Vice Chairman Lambert, who is the Township’s representative, will relay the message of getting more patrol on Capitol Hill Road.

Ms. Nell stated that she had discussed with an officer about the speeding and then a sign was put up stating that the speed limit is 40 mph and that the drivers would speed just to see how fast they were going.

Dillsburg Authority – no report

Emergency Management – no report

John B. Crook, Final Subdivision Plan – Mr. Knoebel presented the plan to the Supervisors and indicated that the Planning Commission did recommend approval of this plan with the following comments from a memorandum dated June 2, 2005 from KPI:

1. A park and recreation fee of $650.00 per dwelling unit is requested. (520)

2. Property corner markers should be installed or bonded. (406.a)

3. An owner’s acknowledgement and related certificates by the Surveyor are required to be

executed on the final plan prior to recording. (402.a.26)

4. It should be noted that a Township driveway permit is required. (402.a.34)

5. The easement for the telephone lines should be shown. (402.10)

6. A sketch of remaining lands should be provided. (402.b.6)

7. The requirement of future road improvement funds should be discussed.

8. The cumulative impervious coverage for this parent tract subdivision is greater than 10,000

square feet therefore it should be considered if a stormwater management plan will be

required. (1-1997)

It was noted that this subdivision is on Circle Drive. After discussion it was noted that the only two comments that have not been address is comments 1 & 2. Mr. Knoebel also noted that the module has been approved by DEP.

Chairman Balsavage made a motion and seconded by Supervisor Lerew to approve the John B. Crook, Final Subdivision Plan with conditions #1 and #2 of the Township Engineer’s memorandum dated June 2, 2005. The motion carried unanimously with the exception of Supervisor Decker who abstained.

Paul & Louella Kimmel, Final Minor Subdivision – Mr. Knoebel presented this plan to the Supervisors and indicated that the Planning Commission did recommend approval of this plan with the following comments from the memorandum of June 2, 2005 from KPI:

1. A park and recreation fee of $650 per dwelling unit is required. (520)

2. An owner’s acknowledgement and related certifications by the Surveyor are required to

be executed on the final plan prior to recording. (402.a.26)

3. The note regarding use of a private access should be revised to add the specific language

contained in the Township subdivision ordinance. (514.b)

Mr. Knoebel stated that DEP has approved the module and the pins have been set.

Mr. John Williams presented revised plans that Mr. Knoebel reviewed briefly and stated that everything has been met with the exception of the recreation fee.

Chairman Balsavage made a motion and seconded by Vice Chairman Lambert to approve the Paul & Louella Kimmel, Final Minor Subdivision with the condition of #1 of the memorandum dated June 2, 2005 from KPI. The motion carried unanimously.

Apple Blossom Estates, Sketch Plan for Cul-De-Sac on Despina Drive – Mr. Knoebel presented this plan. It was noted that at the May meeting there was substantial discussion on waiver requests, slopes, impervious coverage, and the road connecting to Sherwood Forest.

A sketch plan has been submitted for review. As shown on the plan, a cul-de-sac would now be proposed, eliminating the need to connect Despina Drive to the Sherwood Forest development in the area of past mining. In addition, the lots in this area have been reconfigured and enlarged to eliminate the need for any waiver from the applicant of more than 10% impervious coverage on a lot with an average slope of greater than 15%. Also, an emergency vehicle connection is shown and would be constructed of stabilized material and protected by a locked gate.

Chairman Balsavage noted that this plan should go back to the Planning Commission for their review and comment. It was noted that this plan has been received before the deadline of plan submission. This plan will be placed on the July 11^th Planning Commission agenda.

Mr. Kent Raffensberger was present and is a consultant with Johnston & Associates to answer questions.

Supervisor Shambaugh stated that the road has not moved that much and is there still a problem with the mines, was there a study of the mines and what is the location of the mines. Mr. Knoebel report that a report has been submitted but not fully reviewed. This is still going to be an issue but the cul-de-sac may minimize the problem somewhat but the location of the mines still needs to addressed. Mr. Raffensberger stated that when the report was being composed they were coming up short on the actual mine locations. It was also noted that the road does come in at a different location and the emergency access would be located away from the mines.

Supervisor Decker questioned Lot 19 and Section 518 (Steep Slope) of the Subdivision and Land Development Ordinance in regards to the 40% of undisturbed area. It was also noted that the 25% slope is marked and that the 15% slope should also be marked on the plans.

Vice Chairman Lambert asked if lots 20, 21, and 22 were eliminated. Mr. Raffensberger did not know at the present time.

It was noted that there is quite a bit of change and the lots are larger.

The Supervisors noted that they would not be taking any action on this plan but the next step is to have this sketch plan go back to the Planning Commission, but it was noted that there is progress being made and cooperation. This plan is moving in the right direction.

Mr. Raffensberger submitted a letter granting the Township a time extension on the Apple Blossom Estates plan until September 22, 2005.

Chairman Balsavage made a motion and seconded by Vice Chairman Lambert to accept the time extension on Apple Blossom Estates until September 22, 2005. The motion carried unanimously.

At this time Supervisor Shambaugh presented another plan for discussion from the April 21^st meeting minutes. It is noted that there is a concern regarding sewer and water availability with the preliminary plan approval. A letter for a waiver request was submitted requesting the waiver on the final plan and not the preliminary plan.

Supervisor Shambaugh suggested a motion that the Township reject the previous waiver request and that another waiver request be submitted for the proper approval of the preliminary plan and not the final plan.

Supervisor Shambaugh made a motion and seconded by Vice Chairman Lambert that a request of the developer’s representative submit a letter requesting the sewer and water approval permits at the time of preliminary plan along with conditions. The motion carried unanimously.

Kensington Manor – A letter had been received, dated June 16, 2005, granting the Township a 90-day time extension for subdivision plan review, which should extend to September 28, 2005. The applicant is in the progress of obtaining stream crossing permits and other information requested by the Planning Commission.

Chairman Balsavage made a motion and seconded by Vice Chairman Lambert to accept the time extension on Kensington Manor until September 28, 2005. The motion carried unanimously.

1. Revised Stormwater Management Calculations – Hamm Subdivision – Mr. Knoebel noted that they had reviewed the revised calculations for the Hamm Subdivision infiltration bed, dated May 27, 2005. The revised calculations recommend that the stormwater management/infiltration bed may be installed as per the dimensions (32’ L x 20’ W x 2’ D). Mr. Knoebel stated that the surveyor who did the calculation has passed away and the size was incorrect. The letter received from KPI shall serve as notice that the owner should contact the Township 48 hours prior to the installation of the stormwater management facilities in order to coordinate inspection of the system. It is noted that this lot is located on South Mountain Road near the Elementary School.

2. YCCD Earth Disturbance Inspection – Hamm Subdivision – A letter had been received from YCCD and it is noted on May 11, 2005 a representative from YCCD conducted an inspection of earthmoving activities. Mr. Knoebel stated that a local resident had some concerns prior to the silt fence being installed but at the present time there are no violations at this site.

3. Township Building Survey – Mr. Knoebel stated that this survey will be completed tomorrow.

4. Lost Hollow Drainage Survey – Mr. Knoebel stated that this survey will be completed tomorrow and a final report should be done by next week.

5. Stormwater Management, 221 Stone Head Road – A letter had been received from the property owner, dated June 6, 2005, regarding this issue and Mr. Knoebel indicated that there are still some issues, as the complaint from the property owner is with water in his yard. According to the letter the developer’s engineer had gone to the site but the Township was not notified of this meeting. No recommendations were made at that time but there were indications that Mr. Knoebel had made some suggestions on how to eliminate this problem, but Mr. Knoebel stated that that was not the case. Mr. Knoebel stated that all interested parties, which would include the property owner, the Township, the developer’s engineer, and York County Conservation District, should get together and discuss the issue.

Supervisor Decker stated that with the stormwater management plan there may be some confusion since there is two sets of plans. Mr. Knoebel stated that with this plan it is three engineers removed which goes back to Chris. Mr. Knoebel indicated that with this meeting some recommendations could be made and he would then bring it back to the Supervisors. Vice Chairman Lambert agreed with the Township Engineer and asked Mr. Knoebel if he would set-up this meeting. It was noted that Mr. Knoebel would do this.

Chairman Balsavage asked if there was any grading done and it was noted that apparently some grading was done. Mr. Knoebel indicated that this lot does sit low. Mr. Knoebel stated that he would ask the developer’s engineer for as-built plans.

Mr. Vaughn Turner, the property owners, was presented and stated the following: there is 8" of erosion down through the swale and the pit is 16’ from his well and there is a 4" gap cutting out from the swale and going onto his neighbor’s property. It was noted that the pit is not shown on any of the plans and Mr. Turner stated that his builder indicated that this needed to be dug but Mr. Turner does not know who did the work.

There was a suggestion of running the swale all the way down to the neighbor’s property but there may be a problem with the Conservation District.

It was noted that Mr. Knoebel will coordinate the meeting with all responsible parties. Questions were asked who is responsible for fixing the problem the Township or Developer. Mr. Knoebel will attend the meeting with the plan of record so everyone is on the same page.

Mr. Knoebel stated that for the record he does have the Act 537 reimbursement information and will be bringing it to the Township of signatures.

Solicitor - Solicitor Schorpp stated that he does not have anything to report at this time but would like to request an Executive Session to discuss the Chestnut Hill litigation with no action to be taken.

Building Permit Officer – It is noted that no report had been submitted.

Roadmaster – Supervisor Shambaugh stated that the Board already took care of the bid opening earlier in the meeting but we need to advertise the paving bid. It was noted that the bid needs to be advertise no later than 10 days before the bid opening and must be advertised twice. It is noted that the Roadmaster Report is on file at the Township.

It was noted that at the next regular meeting there is a bid opening for the 1985 Chevy Truck and Mr. Ocker would also like to have this paving bid done at the same time.

Chairman Balsavage made a motion and seconded by Supervisor Shambaugh to advertise the bid for paving to be opened at the July 21, 2005 meeting. The motion carried unanimously.

Supervisor Shambaugh indicated that within a week or two the chassis for the new truck will be in and is requesting payment at that time. Supervisor Shambaugh made a motion to authorize payment for the chassis and was seconded by Vice Chairman Lambert. Supervisor Decker stated that this payment should be made after Mr. Ocker inspects the chassis to make sure everything is okay. It was noted that the chassis will be going directly to the body shop but there will be final inspection made. There was also discussion on getting the insurance for this vehicle. The motion carried unanimously.

1. Ponderosa Park Grant – Supervisor Decker addressed the Awareness Day at Ponderosa Park, held on June 11, 2005. It was noted that she is still getting all the costs altogether and it should be under $1,000.00. The Township did receive quotes regarding the grant monies as follows: Rettew Associates which came in $1,100.00 less than YSM and Rettew does have a Landscape Architect on staff which DCNR favors that, and a third proposal was received today which comes in $200.00 less than the lowest bid, which the Township does not have to accept for professional services. The quotes are as follows: YSM - $7,000.00; Rettew Associates - $5,900.00; and CEDG - $5,700.00 plus reimbursement for miscellaneous items. Supervisor Decker indicated that the Township has already paid $500.00 for the concept plan submitted by YSM.

Vice Chairman Lambert made a motion and seconded by Supervisor Shambaugh to approve the proposal from Rettew Associates at a cost of $5,900.00. The motion carried unanimously.

It was also stated that a thank you should go to the Supervisor Decker’s group for all the hard work and to the road crew for the great job they did in getting the park ready.

Supervisor Shambaugh suggested that a sign should be placed at Mountain Road at the corner so residents are aware of this park since that end of the park is not developed. It was noted that a sign should be erected identifying the park. Chairman Balsavage stated that it should be the responsibility of the Board of Supervisors to install the sign and that the Park & Recreation Board should be asked about the sign and to get their feedback. It was noted at the next meeting the Board can start the approval of the process of installing the sign. It was noted that this sign should be in place by the end of the summer.

Supervisor Decker noted that the next step is to get a bid proposal for a master plan of the park to see what the Township is looking at – this would be the next goal.

It was noted that the item under Old Business, Stormwater Management – 221 Stone Head Road, was addressed in the Engineer’s Report.

1. York County Assessment Office – Missed Parcel Request – A letter was received regarding missed parcels from any old construction. It was noted that a copy of this letter be given to Brian Fahey, Building Permit Officer to respond.

2. York County Health Coalition – Task Force – A letter was received in regards to creating a countywide public health department. This letter is for informational purposes only with no action to be taken.

3. PSATS – ACRE Bill – Supervisor Shambaugh made a motion to write to Representative Bruce Smith and Senator Pat Vance backing PSATS in opposing the ACRE Bill. This Bill is to resolve issues regarding zoning/subdivision and farming, which should be governed by the Township. There is a concern that the next step would be forestry and mining. Supervisor Shambaugh stated that PSATS is concerned that this Bill would take away power from local governments and also noted that this has been an on-going issue. Seconded by Supervisor Decker. The motion carried unanimously.

4. Road Paving Bid - It was noted that this item was discussed under the Roadmaster Report.

5. Subdividing Land – Supervisor Lerew addressed this issue. It is noted that there is a resident with approximately 60+-acres with 2 homes and a barn and it was asked if they wanted to subdivide what would the lot sizes need to be. It was noted that they have to have at least 4-acre lots.

1. York County Solid Waste & Refuse Authority – Household Hazardous Waste Collection – It was noted that the next collection program will be held on Saturday, October 1, 2005 from 9 a.m. to 1 p.m. at the Authority’s Management Center located at 2700 Blackbridge Road in Manchester Township.

2. Growing Greener II – A letter had been received from Navarro & Wright Consulting Engineers regarding this program. This program is to help with the improvements of state and community parks. Solicitor Schorpp stated that he had attended a meeting with Senator Vance and four members of the House of Representatives and it was indicated that there is no determination on how the monies would be spent, but with the possibility of the same pool or block grants to help with a grant opportunity for Ponderosa Park. Supervisor Shambaugh said that the Growing Greener I deals with already funded monies and a continuation of those programs. The 50/50 match is still available under the present program. Supervisor Decker noted that there a couple of issues. The first is the monies borrowed - they make it seem like the money was there all the time; and the second issue is that using monies from the government sometimes could cost you twice as much with the example that the Township could have used their own money for the consultant they approved tonight for Ponderosa Park.

3. PSATS Uniform Construction Code Survey – A letter was received asking all townships about their experiences with the implementation of the UCC. It was stated that this survey should go to Brian Fahey, Building Permit Officer for completion.

4. York City Bureau of Health – 1642 South Mountain Road (Lead Paint Inspection) – This is for informational purposes only with no action to be taken.

There was discussion from the audience concerning the possibility of a road going in around Little John Drive in Sherwood Forest. Mr. Knoebel asked if this is an existing road and it was noted that there is a path into the woods but it has become a wider path and bulldozers were working in that area on June 15^th. There was discussion on whether or not there is a bid for timber harvesting. It was noted that the Apple Blossom Estates plan has not been approved. The York County Conservation District should be notified to have this checked out. It was noted that this could be the mining study that was requested or the emergency access road.

It was also asked if this development would be consistent with Sherwood Heights as far as the condominiums, traffic patterns. It was stated that there has been a plan submitted and is under review by the Planning Commission. The plan has been submitted but not approved. Again it was stated that the York County Conservation District be notified and have an inspection done.

Other concerns raised are the installation of sanitary sewer lines within the cartways. It was noted that there are two locations to connect to the sanitary sewer which is at opposite ends of the development. It was asked to make provisions that the manholes are in middle of the street and also at intersections as there is a property that has a malfunctioning on-lot septic system. They should require the developer to make that provision so that it would be mandatory to hook up to the sewer. It was asked if this should be at the developer’s expense to extend and it was noted that the developer could do this. It was suggested that on Robin Hood Drive and Little John Drive a manhole be placed so residents could hook up to the sewer if needed.

Another issue was the roads and are they being constructed correctly. Mr. Knoebel stated that the roads within new developments have to meet Township requirements, the work is inspected to make sure it is in compliance and then the Township would collect a Performance Bond which would include the cost of installation and guarantees that the work is done. The Township will not release the Bond until roughly 80% of the homes have been constructed and then the developer can offer the road for dedicated to the Township. This way the developer owns the road while the heavy equipment are using the roads. At that time the Township would require an additional Maintenance Bond for 18 months after the acceptance of dedicated streets. After the 18 months if the road is in good condition the Bond would then be released, but by that time the development should also be near completion. It was noted that this could be 2/3 years. There were concerns about the additional traffic and if the roads in Sherwood Forest would be able to handle this load. Mr. Knoebel stated that when the Sherwood Forest plan was submitted the developer went by what ordinance was in place at that time it was noted it would have been a lesser degree than what they are presently. It was noted that there was an ordinance in place at the time those roads were constructed.

In the Apple Blossom Estates there were concerns about the emergency access and it was noted that it would be a locked gate and would not be open to the public. Mr. Knoebel gave a brief history of this plan to the residents as follows: sketch plan were brought in and there was discussion on having another access into the development because of the number of lots, which was more than is planned now. The second access into Sherwood Forest was before the issue of mines but with waiver requests the developer revised the plans and expects discussion on the emergency access which would be off the cul-de-sac.

The issue of the police patrolling in the Township was brought up again. It was noted that residents have seen the police sitting on County Line Road and Capitol Hill Road watching Route 15 and they should be patrolling the Township roads. It was noted that Route 15 should be the responsibility of the State Police since it is a state road. It was noted that it is the police department’s job to also patrol Route 15. Again it was noted that Vice Chairman Lambert will bring this issue up at the Police Meeting to be held on Tuesday, June 21^st.

There were concerns from the residents with construction over the mine area of the previous addressed developments.

In regards to the PSATS ACRE Bill it was noted that the Board of Supervisors should watch the waivers that are given on plans. This was a general statement given by a Township resident.

Supervisor Shambaugh asked if the York County Conservation District could be called regarding the earthmoving at Mike Sunday’s Heavy Equipment along Route 15. It was noted that there is an approved plan and that he has an Erosion and Sediment Control Plan. The Planning Commission has concerns regarding this activity. It was noted that there is a significant amount of dirt being moved.

Supervisor Shambaugh questioned the road standards that are used and Mr. Knoebel stated that it is 5" BCBC, which are PennDOT standards.

Vice Chairman Lambert made a motion to accept the Treasurer’s Report as submitted and was seconded by Supervisor Shambaugh. The motion carried unanimously.

Vice Chairman Lambert questioned the plumbing bills for Steve Morrett Plumbing & Heating and it was noted that it was for repair of water flooding the well house, a broken line.

The bill for Bennett Williams regarding signs was questioned. Supervisor Decker stated the signs were for advertisement of Awareness Day at Ponderosa Park.

There are two bills for Platinum Plus Master Card. It was questioned if there are two separate credit cards. It was noted that there is only one card and this is a breakdown on what was used for the recreation fund ($109.10) and general fund ($351.24).

Vice Chairman Lambert made a motion and seconded by Supervisor Lerew to approve the payment of the bills. The motion carried unanimously.

Supervisor Decker pointed out that the zoning portion of KPI’s bill is not to be paid.

Chairman Balsavage asked if the audience would step out into the hall so the Board of Supervisors could hold an Executive Session to discuss litigation matters and a personnel matter with possible action to be taken.

The Executive Session began at 8:25 p.m.

The meeting reconvened at 8:33 p.m. with action to be taken on the personnel matter.

A memorandum had been received from Phyllis Emlet, Treasurer requesting authorization to pay Linda Hansen a total of $504.00 for unused vacation and sick leave. The breakdown is as follows: 18 hours of vacation @ $15.50 per hour for a total of $279.00 and for 11.25 days of sick leave at $20.00 per day for a total of $225.00. It was noted that this is the policy as stated in the Employees Handbook.

Chairman Balsavage made a motion and seconded by Supervisor Lerew to approve the payment of $504.00 to Linda Hansen for unused vacation and sick leave. The motion carried unanimously.

Chairman Balsavage asked for a motion to adjourn the regular meeting of the Franklin Township Board of Supervisors at 8:34 p.m. Vice Chairman Lambert made a motion to adjourn the meeting and seconded by Supervisor Shambaugh. The motion carried unanimously.

Nancy E. Zentmeyer

Secretary