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, Township Engineer Tim Knoebel, Solicitor Ed Schorpp, and Secretary Nancy Zentmeyer. Visitors included: Bob Eichelberger, Peggie Williams, Robert Watts, Nancy & Jim Nichols, Stan & Lorraine McGee, Gary Knisley, Ed Knisley, Sara & Stanley Toll, Wayne Kober, Rick Stoner, Robert Smith, Mike Sunday, Eric Johnston, Dan Murphy, Brian Fahey, Rex Bickley, Joe Warner, John Martin, and Rodney Decker.

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

Chairman Balsavage opened the three bids received for the 1985 Chevy C-70 Dump Truck as follows:

1) Lack Township, Juniata County - $7,277.00; 2) R & K Coal Company, Jerry Lucas, Pine Grove - $2,500.00; and 3) Williams Excavating, Dillsburg - $7,777.00.

Motion: Vice Chairman Lambert made a motion to award the Chevy C-70 Dump Truck bid to Williams Excavating at a bid price of $7,777.00. Seconded by Supervisor Lerew. The motion carried unanimously.

Chairman Balsavage opened the two bids received for the 2005 Road Paving Project as follows:

Bidder 19mm Superpave (275 tons) 9.5mm Superpave Wearing (250 tons)

Wilson Paving $45.00/$12,375.00 $54.00/$13,500.00 Total bid - $25,875.00

Hempt Bros., Inc. $52.00/$14,300.00 $52.75/$13,187.50 Total bid - $27,487.50

There was discussion on whether or not the bids could be spilt with ½ going to one contractor and ½ going to the other contractor. It is noted that it is better to go with one contractor. Bid bonds were submitted with both contracts.

Motion: Vice Chairman Lambert made a motion to award the 2005 Road Paving Project to Wilson Paving at a bid price of $25,875.00. Seconded by Supervisor Shambaugh. The motion carried unanimously.

May 19, 2005 Board of Supervisors (Revised) - Supervisor Decker noted that these minutes were recently corrected and felt the Board did not have time to read them.

Motion: Chairman Balsavage made a motion to approve the May 19, 2005 as submitted. Seconded by Vice Chairman Lambert. The motion carried unanimously with the exception of Supervisor Decker opposing.

June 16, 2005 Board of Supervisors – Motion: Vice Chairman Lambert made a motion to approve the June 16, 2005 minutes as submitted. Supervisor Decker noted that they are not ready for approval. Seconded by Chairman Balsavage. The motion carried unanimously with the exception of Supervisor Decker opposing.

June 30, 2005 Zoning Workshop – Motion: Vice Chairman Lambert made a motion to approve the June 30, 2005 minutes as submitted. Seconded by Supervisor Shambaugh. The motion carried unanimously with the exception of Supervisor Decker opposing.

Supervisor Decker that under Subdivision/Land Development there are two time extensions needed – one for Sherwood Heights and the other for Lexington Fields. Under Reports – Engineer the following items to be added: #4 – Turner property at Stone Head, Lot #4; #5 Act 537. Under Reports – Roadmaster Lois Sheffer on Greenhouse Road. Solicitor Schorpp stated that an Executive Session is required for discussion on Chestnut Hill Litigation and Franklin Glen.

Police – Vice Chairman Lambert presented the Police Report from June 22 – July 19, 2005. The percentage of calls has dropped 6.6% for Franklin Township year to date. The internal audit report for 2004 will be on file for anyone who wishes to review it. As a result from complaints from neighbors on Capitol Hill Road, 16 speeders were given tickets along with 13 citations issued for speeders on Route 15. Supervisor Lerew stated that credit should be given to the Police when there was the 5" downpour between last month’s meeting and this meeting. The Police were out with flares informing the residents of water over the roads.

Fire - It was noted that no report had been submitted. Chairman Balsavage noted that a letter had been received from Citizens Hose requesting the Township’s annual contribution be sent to them now as they are in need of funds for payment on the tower truck.

Motion: Chairman Balsavage made a motion to forward the annual contribution to Citizens Hose immediately. Seconded by Vice Chairman Lambert. The motion carried unanimously.

EMS - A report has been submitted with a breakdown as follows: 12 medical calls; 3 fire calls; 10 vehicle accidents; and 25 municipal with a total of 117 calls for the month of June.

DAA – No report submitted.

Emergency Management – No report submitted.

Zoning Committee- Chairman Balsavage noted that Mr. Wayne Kober is here to speak regarding the workshops and suggested that a public meeting be held to inform all the residents and receive their input. This was discussed at the last Zoning Workshop meeting in June. The Board of Supervisors received two memorandums from the Planning & Zoning Committee, dated July 21, 2005. It was noted that the first draft of the zoning ordinance will be submitted to the Township by August 1^st. Mr. Bob Eichelberger spoke regarding the Open Space/Agricultural zone and the process schedule, clear objectives and to give the professionals time to review. It should be made clear the purpose/intent and the language of the zone, and to be specific limitations of development. This ordinance should be reviewed with the Township’s Comprehensive Plan; and YCPC needs to review and give any comments in writing. It was also suggested that the Township use Shrewsbury’s ordinance for steep slopes and floodplains.

It was noted that in the beginning this ordinance was to be a simple plan to protect homeowners. There seems to be more control than smart growth. It was indicated that these workshops are poorly attended by both Supervisors and Planning Commission members.

Apple Blossom Estates – Mr. Knoebel indicated that a letter had been received from YCCD regarding deficiencies to this development. Mr. Eric Johnston representing this plan reviewed the following: the BOS suggested that the engineer go back to the drawing board because of the mine issue and eliminating the second access. At last month’s meeting the BOS suggested that this plan go back to the Planning Commission for their comments and this plan was discussed at length with the Planning Commission. With the proposed cul-de-sac and making larger lots there should be no waivers needed. Mr. Johnston stated that this will be revised and resubmitted to the Planning Commission. Mr. Johnston indicated that they are planning to widen the street out on Holly Way in order for vehicles to pass and with no parking. Mr. Johnston asked for direction from the Board of Supervisors so he can make the appropriate changes to the plan. It was noted that eliminating the second access and creating the cul-de-sac is better than a through road with the ingress and egress. Make the lots on the cul-de-sac five instead of six and that would eliminate a waiver request. Also with the cul-de-sac the steep slope issue will go away. It was the consensus of the Board of Supervisors that this is cleaner plan and the final results of mine issue are still needed.

Mr. Gary Knisley addressed the Board of Supervisors regarding this plan. He indicated that he is one of the heirs of the Miriam Knisley Estate and he wanted to know exactly where this plan stands. It was noted that an agreement had been signed in 2001 with the developer and he needs to know the outstanding issues. Solicitor Schorpp stated that this is a formal plan and the action deadline is September 15^th unless the Board receives a time extension. This plan has been to the York County Planning Commission, the Township Planning Commission, and York County Conservation District. It was noted that there was an extended period of time the Township did not receive any revised plans or anything on the steep slopes, mines, etc. Now that there is a substantial change in the plan it will go back to the Planning Commission for their review and comments. Mr. Knisley reviewed the waiver requests with the Board of Supervisors and Mr. Johnston. It was noted that access to the water tank is necessary and will remain. It was suggested that Mr. Knisley discuss the schedule with his consultant. Again there was discussion on the mining report which is a preliminary study and is still being reviewed and the location of the mines on the subdivision plan. Solicitor Schorpp indicated that there would be substantial financial with bonding and recreation fees.

Lexington Fields – Mr. Johnston noted the time extension on this plan and he is working with the Planning Commission and by their next meeting he hopes to have their recommendation concerning By-Pass Road. It was also noted in the waiver request is not correct. The waiver should indicate a letter of approval for water and sewer "prior to preliminary approval" and not a "condition" of approval.

Sherwood Heights – Mr. Knoebel noted that correspondence had been received from YCCD regarding the E&S plan and also an Earth Disturbance Inspection on the road that was recently cut through. The following are violations identified from YCCD: 1) road has been graded through stream bed and no appropriate controls were installed; 2) part of construction entrance installed at upper end of Robin Hood but none at the lower entrance; 3) plan submitted and currently under review; 4) should cease all earth disturbance activities until plan approved and permit issued; 5) and should temporary stabilize all disturbed areas.

Sara Toll, 418 Little John Road informed the Board that the roadway is approximately 10’ wide and still has not been stabilized. There are residents that have damage due to this problem. It is still unknown who the contractor is that did this work. Ms. Toll questioned who the actual owner was. Mr. Knoebel indicated S.G. Diamond is the owner, GCW Properties are the equitable owner, and RGS is the consulting firm hired to do this plan.

Rick Stoner, 303 Robin Hood Drive concurred with the same statements made by Ms. Toll. He indicated that he counted approximately 50 trees pushed down.

Chairman Balsavage noted that YCCD has taken action regarding the complaint of the roadway but yet nothing has been done and asked Solicitor Schorpp what are the Township’s options. It was noted that the Township can deny the plans altogether until the permits are issued or if the Township receives the time extension between today and July 31^st the plan would still be active.

It was noted that the damage that has been done, which the residents have paid out of pocket, how do they get reimbursed. It is noted that YCCD has the most control on this situation and they should be contacted, as the Township has no recourse.

Motion: Vice Chairman Lambert made a motion to deny Sherwood Heights plan subject to the time extension letter be received before July 31, 2005. Solicitor Schorpp added to the motion that all deficiencies noted on the Engineer’s letter of April 29^th and the May 9^th Planning Commission all deficiencies be corrected. Seconded by Supervisor Shambaugh. The motion carried unanimously with Supervisor Decker opposing.

Robert & Mary Edwards & Randolph Straw, Final Subdivision Plan Re-approval -

Motion: Chairman Balsavage made a motion to re-approve the Robert & Mary Edwards & Randolph Straw plan last revised February 14, 2005 subject to the conditions as outlined in the April 21, 2005 Board of Supervisors minutes. Seconded by Vice Chairman Lambert. The motion carried unanimously.

Range End Commerce Center, Granting of Time Extension - A letter was received from Hoover Engineering authorized to grant a time extension until October 30, 2005. Additional time is necessary to obtain approvals from YCCD and DAA.

Motion: Vice Chairman Lambert made a motion to accept the time extension for Range End Commerce Center until October 30, 2005. Seconded by Supervisor Lerew. The motion carried unanimously.

Kensington Manor, Planning Module – Mr. Knoebel commented on the sewage module and noted that this was held because of comments on the plan that related to lots in which the lots may not meet the minimum size. With reconfiguration of the lot lines could change the module and then DEP would have to review a second module. Mr. Knoebel noted that the lot lines should be consistent and that is why the module was not submitted. Mr. Joe Warner, owner was present and stated that if anything the lot lines were only moved a couple of feet.

Motion: Chairman Balsavage made a motion to submit the Planning Module to DEP. Seconded by Supervisor Shambaugh. The motion carried unanimously.

Mr. Warner questioned the procedures of getting a plan through the Planning Commission and Board of Supervisors.

Lexington Fields, Time Extension –

Motion: Chairman Balsavage made a motion to accept the additional time extension on Lexington Fields until December 31, 2005. Seconded by Vice Chairman Lambert. The motion carried unanimously.

Vice Chairman Lambert stated that there are financial outlays for developers and this has caused problems. It is noted that Monroe Township, with larger plans, allows the developer to do their plans in phases which then in fact reduces the cost outlay. The Township may want to entertain this type of planning also.

1. NPDES Permit for Stormwater Discharges, Quality Greenhouse Perennial Farms – Mr. Knoebel indicated that the Township received, via certified mail, a NPDES General Permit for stormwater discharges for Quality Greenhouse along Union Church Road. It is uncertain whether or not this is connected with the original land development plan. A letter was sent to the engineer, on June 22, 2005, requesting that a set of plans be submitted to both the Township and to Mr. Knoebel for review. As of this date neither the Township nor Mr. Knoebel has received any plans or correspondence. Mr. Fahey, BPO, stated that he would check this out. The permit does indicate that this is for Phase 2. It was noted that a follow-up letter be sent to the owner.

2. Franklintown Townhouses Drainage Problem – Mr. Stan McGee of 701 Old Cabin Hollow Road stated that he has concerns with the townhouses and the drainage coming onto his property. He noted that he was informed that the developer was to correct this problem, but to date nothing has been done. Mr. McGee asked if the Township still has the developer’s security and who will correct this problem. Approximately 75% of the water is coming onto Mr. McGee’s property and not going into the detention area. It was noted that back in January it was a recommendation that the Board of Supervisors’ deny release of the developer’s monies, which is approximately $10,000.00 until this problem is corrected.

Motion: Chairman Balsavage made a motion to have the Township Engineer check out the deficiencies again and give the technical portion to the Township Solicitor and have the Solicitor write a letter to the developer that the problem must be corrected within 45-days or the Township will pull the Bond and correct this issue. Seconded by Supervisor Lerew. The motion carried unanimously.

3. Franklin Glen – It was noted that this will be discussed in Executive Session.

4. Vaughn Turner Property – Mr. Knoebel reported on the status of this property. A meeting was scheduled, YCCD declined, the Turner’s were not present but the engineer for the developer, which is Eric Johnston, his representative was there. There was discussion on running a pipe from the Turner property onto the next lot to help bypass the water around the lot. The developer is interested in doing this and having the discharge into a stone trap. It was noted that they are having trouble selling the adjoining lot. A draft of the options should be submitted by the developer. The Turner’s will have to deal with the swale that is already on their property and the grading of their lot. Discussion on a timeline and it seemed that they would like to do this as soon as possible. A letter is to be sent requesting the options be sent to the Township.

5. Act 537 – Mr. Knoebel reported that reimbursement application has been signed and will be sent in. This entitles the Township to 50% of the money back. There was discussion that this should have been sent in earlier. Mr. Knoebel indicated that there was a deadline for the SEO at the beginning of the year which was done.

6. Surveys – Mr. Knoebel indicated that the field work for the Township Building and Lost Hollow Road has been completed and the Township should be receiving something in about two weeks for both projects.

1. TV Cable Franchise Agreement – Solicitor Schorpp stated that he had reviewed the documents received from Comcast. The benefits are negotiable and there is a possibility of a multi-municipal agreement. If the Township does go with other municipalities it was suggested that they hire a cable attorney who specializes in these types of contracts. The cost would then be divided among the Townships. Solicitor Schorpp indicated that the cost could be around $5,000.00. Benefits to be obtained from negotiations include customer service standards, coverage requirements, franchise fees (up-front lump sum), free cable and internet service at the Township building.

Building Permit Officer - Brian Fahey gave his report. Under old issues it is noted that some townships have adopted wordings in their ordinance that requires the landowner to sign a post-construction sworn affidavit that they have completed the stormwater system in accordance with the plan and that they will not modify it without prior, written township approval. The affidavit would hold the owner personally responsible for certifying and maintaining the integrity of the original design relieving the Township of any liability. It was noted that the Township Engineer is contacted when construction is in progress and this is tracked with the plan and there are also notes on the plan.

Mr. Fahey noted that at this time the Township does not have demolition permits and questioned whether or not the Township would want to start. It was indicated that they do not want to get into this type of permit at this time.

Mr. Fahey also reported on the a letter he received regarding 1642 South Mountain Road from York Bureau of Health regarding high levels of lead in blood. It was noted that this was discussed at last month’s meeting and there is nothing Mr. Fahey needs to do, it is just to inform him.

It was noted that on South Mountain Road, where a home is being constructed, that after one of the storms there was mud coming from that property across the road and into the neighbors yard. It was questioned whether or not a silt fence had been installed. It was suggested that the silt fence was there but was in disrepair. It appears the problem has been corrected.

Roadmaster – Supervisor Shambaugh presented the Roadmaster’s Report. It was also noted that there were three areas looked at in the Township: 1) the resident at 94 Bethel Church Road needs to be notified regarding the stones that are constantly being washed onto the road and that these need to be cleaned up, 2) residents on Tuckahoe Road and Circle Drive are requesting the moving of a culvert down the road. It was noted that the Township Engineer should look at both sites to see if this is necessary, as it would be an expense to the Township; and 3) Ms. Lois Sheffer has been in contact and would like for the Roadmaster to take a look at her driveway on West Greenhouse Road. The Road Report for July 2005 is on file at the Township office.

1. Sign for Ponderosa Park – Supervisor Decker stated that the Park & Recreation Board had a meeting on July 19^th and Mr. Laurin Fleming and another gentleman from the Scouts were in attendance and indicated that scouts have a Star Award and Mr. Fleming was going to check to see if any of the scouts would want to take on this project and make the sign for Ponderosa Park. It was noted that another scout had made the sign for the park on Century Lane. The Supervisors noted that they did not have any problem with this but would like to review the design before any work is done.

The recreation contract needs to be executed by the Chairman of the Board of Supervisors and returned within 30-days. It was also noted that the Township did received the first bill from Rettew.

Supervisor Decker also noted that one of the reasons the scouts were at the Park & Recreation Board meeting is that they would like to use Ponderosa as a camp site and take over the bunk house. The scouts would do the work, paint and fix-up. It is uncertain if the water line from the kitchen has been completed. This would need to be checked into and if not the line would need to run from the well house to the bunk house. It was noted that the Roadmaster indicated that this could be done by staff. Also needed is the line coming out for septic and that a tank needs to be purchased. The scouts are going to check with parents to see who does plumbing work. Work is also needed on the restrooms as they would be sectioned off part for males and part for females.

Still do not have the total figures for the Ponderosa Awareness Day but it should be under the $1,000.00 allotted.

1. CMC Communications, Inc – Community Guide Map – a letter had been received from the Office of the Attorney General informing the Township that under present consumer protection laws the Bureau of Consumer Protection does not have the authority to pursue the matter in our complaint against CMC Communications. There is no action needed and it was decided that the Township will not pursue this issue either.

1. Mike Sunday, DEP Permit – Mike Sunday of 735 Range End Road was present to discuss this issue. It is noted that Mr. Sunday is filling an area outside of the approved plan. E&S controls are in place, there is no change to the stormwater flows and the pipes have been extended. The grade is being raised and there will be no new construction. This area is going to be used as a staging area for the equipment. It is noted that since this work is being done outside of the approved plan Mr. Sunday will need to amend his plan and submit a new plan to the Township indicating the grades and impact of the stormwater.

Supervisor Shambaugh requested that the Township notify DEP and ask why Franklin Township was never notified of this. Discussion ensued that American Ash Recycling is also responsible as there are concerns as to the materials that are listed in this ash. It was noted that it is processed so it is not to be harmful and there is extensive testing done. Also there is the concern of the homes that are downstream from this property.

Chairman Balsavage noted that by next month’s meeting Mr. Sunday should either present a plan or at least give the Supervisors an update on his progress with getting the plan to the Township.

2. Set Date for Public Meeting on Zoning Ordinance – It is noted that a public meeting is to be scheduled in order to receive the public’s input on the zoning ordinance. The two dates picked are Thursday, September 8, 2005 or Tuesday, September 13, 2005 beginning at 7:00 p.m.

Motion: Chairman Balsavage made a motion to choose between September 8^th or 13^th for a public meeting on the zoning ordinance subject to the Township Engineer checking with his staff as to which date they are available. Seconded by Supervisor Shambaugh. The motion carried unanimously.

3. Proposal for Dutch Doors in Municipal Building –The Township did receive one proposal for the installation of two dutch doors at a cost of $950.00 from Terry Dougherty Building Contractor.

Motion: Chairman Balsavage made a motion to accept the proposal from Terry Dougherty to install two dutch doors as a cost not to exceed $950.00. Seconded by Vice Chairman Lambert. There was discussion as to whether or not these doors are necessary. The motion carried unanimously with Supervisor Decker opposing.

1. MRM Property & Liability Trust – Amendment of Section 9.1 Pooling Agreement & Adoption of Positive Incentive Formula for Payment of Dividends – This is for informational purposes only with no action needed and that Chairman Balsavage will need to sign the amendment and to be forwarded to MRM.

There was no public comment at this time.

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

Vice Chairman Lambert questioned a second bill that was received from the realtor for $138.00 regarding signs. It is noted that this bill is unclear and the Township should hold off paying pending clarification. Also questioned with the bill from George Ely Associates for $431.00 for a playground sign. Supervisor Decker noted that this a permanent sign.

Mr. Kober and Mr. Eichelberger asked if the information given tonight from the Planning & Zoning Committee could be sent to the consultant before the draft zoning ordinance is done. This will be taken under advisement.

Motion: Chairman Balsavage made a motion to approve payment of the bills with the exception of the bill from the realtor for $138.00 pending clarification. Seconded by Supervisor Lerew. The motion carried unanimously. Supervisor Decker opposed that the zoning portion and the SEO portion of the bill from KPI are not to be paid.

Chairman Balsavage asked the audience to step out into the hall so the Board of Supervisors could hold an Executive Session to discuss Chestnut Hill Litigation and Franklin Glen.

Motion: Vice Chairman Lambert made a motion to move into Executive Session. Seconded by Supervisor Shambaugh. The motion carried unanimously. There was a five minutes recess beginning at 9:30 p.m. The Executive Session began at 9:35 p.m. The meeting reconvened at 9:47 p.m. with no action to be taken.

Supervisor Shambaugh noted that the Township had received a letter from PennDOT regarding paving work to be done on Meadow View Drive. It was suggested that this information for forwarded to the Dillsburg Banner so the residents are notified.

Vice Chairman Lambert stated that he noticed land for sale of 12.3 acres and wanted to know if any of the Supervisors would be interested in purchasing this land. This land will be in the mixed use district. If the Township would purchase the land the one purpose is to invite industry into the Township and it would a) create jobs and b) a tax base for the Township. It was noted that this property is near Joe’s Machine which is on the west side. Discussion ensued and Chairman Balsavage asked Vice Chairman Lambert to call and check what the asking price is. Supervisor Decker felt it was a conflict with doing zoning and the purchase of properties.

Motion: Chairman Balsavage made a motion to adjourn the meeting at 9:53 p.m. Seconded by Supervisor Lerew. The motion carried unanimously.

Nancy E. Zentmeyer

Secretary