Chairman Balsavage called the meeting to order at 7:05 p.m. The meeting was held at the Franklin Township Municipal Building, 150 Century Lane, Dillsburg, PA.

Present were Supervisors Ed Balsavage, Naomi Decker, Donald Lerew, and John Shambaugh. Also present were Township Engineer Tim Knoebel, Solicitor Edward Schorpp, and Secretary Nancy Zentmeyer. Visitors included: Gary Brown, Rusty Fleming, Zach Mihalor, Kelton Mehig, Laurin Fleming, Jim Maclay, Wayne Kober, Sara Toll, Bob Eichelberger, Art Bert, Peggie Williams, and Dan Murphy.

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

July 21, 2005 Board of Supervisors – Supervisor Decker made the following amendments to the minutes of the regular meeting of July 21^st: page 3 9^th line from the top "slope" spelled incorrectly, page 4 1^st line should read "Township can deny" not delay, page 4 3^rd paragraph regarding motion on Sherwood Heights the extension letter be received "before" July 31, 2005 not "by", in the same paragraph Solicitor Schorpp add to motion that all deficiencies from both the Engineer and Planning Commission be corrected; page 5 under number 4 sentence 3 instead of "water around" "water around the lot" to be added. Also under the same item sentence 6 should note that the draft of options should be submitted by the developer; page 6 under Parks & Recreation sign for Ponderosa Park line 3 where it states "Star for Star" omit "Star for"; also on page 6 3^rd paragraph under Parks & Recreation second to last line should read "sectioned" not "sectioning", on page 8 under the motion for approval of payment of bills Supervisor Decker "opposed" the zoning portion of the KPI bill not "noted"; on page 8 under Discussion the PennDOT paving work to be "forwarded" to the Banner not "forward", and also on page 8 the second to last paragraph should note that Supervisor Decker felt it was a conflict with doing zoning and the purchase of properties.

Motion: Chairman Balsavage made a motion to accept the July 21, 2005 minutes with the corrections noted. Seconded by Supervisor Shambaugh. The motion carried unanimously.

August 10, 2005 Zoning Workshop – Supervisor Decker made the following amendments to the minutes of the Zoning Workshop of August 10^th: on page 1 omit John’s name since he was not in attendance of that meeting; and on page 2 the 7^th paragraph should read "the supervisors suggested" and not "should".

Motion: Supervisor Shambaugh made a motion to accept the August 10, 2005 minutes with the corrections noted. Seconded by Supervisor Lerew. The motion carried unanimously.

Chairman Balsavage asked if anyone had agenda amendments. Supervisor Decker added the following: under Parks & Recreation, TruGreen Chemlawn and under New Business May 19, 2005 and June 16, 2005 minutes regarding the vote on the KPI bills opposing the payment for the zoning portion. Also under New Business the Route 15 Study.

Police – Monthly report is on file at the Township office.

Fire – No report was submitted.

EMS – A report was submitted with a breakdown as follows: medical calls – 10; fire call – 1; MVA – 5; missed – 2 and municipal – 18 with a total of 120 total calls.

DAA – No report was submitted.

Emergency Management – Mr. Laurin Fleming was present to give the EMA Report as follows: assisted with an accident at Route 15 and Clear Springs Road – vehicle into the creek and the severe storm on July 7^th with Fire Police from Station 65 assisting the NYRPD with closing Clear Springs Road between Union Church and Circle Drive and also closing Clear Springs Road between Lake Lea Drive and Chestnut Hill Road. Spring Drive was also closed at Chestnut Hill Road. These roads were closed due to flooding. Mr. Fleming is asking for reimbursement for 2 members for their help with the flooding. Over the past several months Supervisor Lambert and Mr. Fleming have been involved in training to meet the new NIMS (National Incident Management System) system and other courses as specified as needed for training by York Co. EMA and PEMA. The NIMS needs to be adopted by the Township. Mr. Fleming is currently revising the Township’s Emergency Plan and should have the revisions to the Board of Supervisors within the next months for review and approval. This needs to be done by the end of the year and submitted in either January or February.

Zoning Committee – Mr. Wayne Kober gave an update on the progress of the zoning ordinance workshops. It was noted that a proposed schedule of adoption was handed out.

Mr. Kober discussed the open space/recreation plan that has been submitted by Carroll Township. The Township can opt out of this plan but Mr. Kober indicated that as an interested citizen he has attended the meetings and feels that this is a good idea. One copy of the plan has been submitted to the Township and Carroll Township is requesting that the Capital Expense item be filled out and returned. It was noted that the consultant is willing to come to a Township meeting and summarize the plan for the Board of Supervisors.

Site Plan for Ruth Properties – Mr. Knoebel indicated that this sketch plan is for the former Etnoyers Property at the corner of Route 15 and Century Lane. The plan shows the coverage as follows: proposed macadam is 28,500 s.f. and the area being returned from stone to grass is 28,300 s.f. therefore, there should be no increase in the Stormwater run-off. There are no plans for additions to the existing building, the only changes are to remove the existing deck and replace the siding on the building. With these being the only changes a land development is not required. If the owner decides at a future date to change the footprint of the building then a land development plan would be required. Also there is no new grading proposed. There was some concern with the lighting of the property and that the lights should not be toward any neighbors.

Motion: Chairman Balsavage made a motion to have the proposed lighting reviewed by the Board of Supervisors. Seconded by Supervisor Shambaugh. The motion carried unanimously.

Kensington Manor – Additional Waiver Request & Comments from KPI – A waiver request has been received from Brehm-Lebo, engineer for Kensington Manor requesting a waiver from Section 522 (Watercourses & Drainage ways) from the Subdivision/Land Development Ordinance not to deduct stream and wetland easements from the lot areas due to the size of the lots and the minor impact upon the lot areas.

Motion: Supervisor Shambaugh made a motion to deny this waiver request from Section 522. Seconded by Supervisor Lerew. The motion carried unanimously.

Next are waivers that went before the Planning Commission at their August 1^st meeting:

1.a – Ordinance 1-2004, Section 1.J Minimum Lot area.

Motion: Supervisor Shambaugh made a motion to approval waiver request on minimum lot area. Seconded by Chairman Balsavage. The motion carried unanimously.

1.b – Section 402.9 to allow drawing at a smaller scale.

Motion: Supervisor Shambaugh made a motion to approval waiver request to allow drawing at a smaller scale. Seconded by Chairman Balsavage. The motion carried unanimously.

1.c – Section 518.E to permit construction in steep slope areas. The Board of Supervisors tabled this waiver request..

1.d – Section 514.E lot depth to width ratio. The Board of Supervisors tabled this waiver request.

1.e – Section 518.F to allow detention basin grading within 25’ of the property line. The Board of Supervisors tabled this waiver request.

1.f – Ordinance 1-204, Section 5.4b.3.c2.b2 to allow use of 3 to 1 slopes in retention basins. It is noted upon recommendation from the Engineer this waiver request is not needed.

Mr. Knoebel indicated that with change of lot lines on this plan the Planning Module for DEP may be incorrect and it may need to be resubmitted.

In a letter from KPI, dated July 25, 2005, the Township is requesting an updated Water Feasibility Report in regards to Subdivision/Land Development Ordinance, Sections 404(a)2 and 404(a)3. It is noted that the Planning Commission wants this report done. Mr. Knoebel noted that this section of the ordinance is outdated in what it requests to be done.

Motion: Supervisor Shambaugh made a motion to have a Water Feasibility Report submitted as a recommendation from the Planning Commission. Seconded by Supervisor Decker. The motion carried unanimously.

1. Lost Hollow Road Survey - Mr. Knoebel indicated that he has provided Mr. Ocker, Roadmaster with a copy of the plan for replacement of the culvert on Lost Hollow Road and the related re-grading of the roadside swale along the Gilson and Murphy properties. The culvert elevation is to be lowered slightly and the remaining swale slope distributed more evenly along the entire length of the swale. The Murphy property was surveyed to determine the feasibility of re-routing the existing sump pump discharge to a drainage easement. Currently the Murphy sump pump discharges to near the Lost Hollow Road swale which is proposed for re-grading. Due to the less desirable slope on the Lost Hollow Road swale and the apparent discharge it is recommended that this sump pump discharge be relocated to the extent that it does not continue to contribute to the drainage problem. It appears that the sump discharge could be re-routed to the area of the easement, however it is a substantial distance and it is recommended that the pump system be engineered. Mr. Dan Murphy was present to address the Board and after discussion on how to minimize this problem, it is recommended to have the sump pump located back towards the house and the Township will be re-grading in that area. Also it was noted that placing stones at where the discharge location will be will help with the water going back into the ground.

2. Foxwood Estates - A memorandum was received from Johnston & Associates regarding the stormwater improvements for Lots 3/4 and Lot 2 panhandle relocation. The proposed stormwater conveyance measure improvements are in front of Lots 3/4 and a representative for Harry Fox, Jr. has approved the construction of these improvements. The proposed relocation of the Lot 2 panhandle is necessary to avoid wetland impacts. Supervisor Shambaugh suggested that a waiver be submitted with an amended plan which should reflect the previous approved plan.

1. Ken-Lin Drive – Mr. Schorpp stated that Ken-Lin Drive is almost ready for dedication. Mr. Knoebel said that this drive has been looked at and suggested that a few areas of the base paving be corrected which have been done recently.

2. Vacation – Mr. Schorpp indicated that he will be on vacation during the September Board of Supervisors regular meeting and he has arranged for Hubert Gilroy to fill in for him.

Building Permit Officer – No report was submitted.

Roadmaster – Mr. Ocker had submitted a written report.

1. Young’s Mobile Home Park – Supervisor Shambaugh stated that in the minutes of April 21, 2005 there needs to be clarification on the driveway issue. The lots are park of the mobile home park and the upper lot would be using the rear road and the other 2 lots in question are off of Twin Hills Road and there is a need to have a combined driveway for two lots. This would be less of an impact on the road with the one driveway. It was noted that the park would be maintaining these driveways. It was the consensus of the Board that one driveway should service the two lots.

1. Dillsburg Area Soccer Club, Request for Additional Field Usage – Supervisor Decker noted the Township received an e-mail from Dillsburg Area Soccer Club requesting additional field usage for the site at Ponderosa Park for the one soccer field and parking for their annual Soccer tournament October 8^th and 9^th. There was concern about the number of vehicles coming into the park and it was noted that there would be no more than 50 cars. It was also noted that the Township can rope off any sections that parking would not be allowed. There will be special police directing traffic. The Soccer Club currently has the main park on Century Lane reserved for this tournament but would also like to use the field at Ponderosa Park due to a loss in fields. The usage will be covered with trash service, parking service, and insurance all paid by the Dillsburg Area Soccer Club. Mr. Jim Maclay was present to represent the Soccer Club. He noted on Saturday games there would be approximately a 30-minute rotation of vehicles in the morning because qualifications will be held there. It was also noted that the Soccer Club would pay the cost for the use of the portable restrooms.

Motion: Supervisor Shambaugh made a motion to grant the use of Ponderosa Park to the Dillsburg Area Soccer Club. Seconded by Supervisor Lerew. The motion carried unanimously.

2. TruGreen – Supervisor Decker stated that Mr. Ocker indicated that grass is growing in the ballfields where the Diamond Tex was applied and he contacted and received an agreement from TruGreen for commercial vegetation control for three ballfield infields and around the backstop for the first treatment of vegetation control at a cost of $225.00 and the second application at a cost of $200.00. It was decided that the first application be applied and if the second application is needed Mr. Ocker will notify TruGreen.

Supervisor Decker stated that the Boy Scouts will present a sketch drawing of the sign for Ponderosa Park at a later date. Also noted was that there was a party at Ponderosa Park with alcohol which brought up the suggestion that a bulletin board should be erected with the rules and regulations of park usage for enforcement purposes. This bulletin board will be erected within the next couple of days. Supervisor Decker noted that the Township has received plans from Rettew. Supervisor Decker also stated that she had received a bill from Rettew and wanted to know if the Township should pay this since the Township has not received the signed granted back from DCNR. After discussion it was noted that this bill should be paid.

1. Mike Sunday, Report from YCCD and DEP – Supervisor Shambaugh suggested that the Secretary again sent a letter to DEP requesting why the Township was not notified of this dumping operation. There are E&S controls in place. It seems that YCCD still has issues with this operation noting 15 violations. It was noted that DEP is the agency to take enforcement action.

2. CMC Communications, Inc., Community Guide Map (Office of the Attorney General) – It was noted that the Township received a call from the Office of the Attorney General asking if we can be listed as one of the complainants’ against CMC Communications. The Attorney General’s office has received quite a few complaints against this company. The Township will allow their name to be used.

1. PennDOT 2005-2006 Municipal Winter Agreement – Supervisor Shambaugh presented the winter agreement from PennDOT for plowing of snow on certain State roads. It was suggested that Franklin Church Road be omitted. It was noted that the road crew does a great job plowing these roads and it was noted that Franklin Church Road be kept on the list.

Motion: Supervisor Shambaugh made a motion to authorize the Chairman to sign the contract for the plowing of state road listed in the agreement. Seconded by Supervisor Lerew. The motion carried with the exception of Supervisor Decker opposing.

Supervisor Decker stated that the Township was very fortunate last year with a light snow fall and feels that the Township should not do this at all and that some time the Township could get hit with large snow falls and the cost would not compensate. Chairman Balsavage stated that the Township made out quite well financially in 2004/2005 and we served the residents well.

2. Zoning Ordinance Public Meeting, September 13, 2005 – Chairman Balsavage indicated that the date for the Public Meeting on the proposed Zoning Ordinance is scheduled for September 13, 2005 beginning at 7:00 p.m. at the Township Municipal Building. A zoning workshop will then be held on September 20^th.

Supervisor Lerew indicated that in the draft ordinance the map still shows the road beside his property as a Township road and it is a private road. The Township will need to make this adjustment. Mr. Knoebel is to check on this.

3. CDL Records Management Seminar – Chairman Balsavage indicated there is a request from the Township Secretary to attend the CDL Seminar on November 1, 2005 at the West Manchester Municipal Building.

Motion: Chairman Balsavage made a motion to approve the request from the Township Secretary to attend the CDL Records Management Seminar. Seconded by Supervisor Shambaugh. The motion carried unanimously.

4. May 19, 2005 and June 16, 2005 BOS minutes – Supervisor Decker requested that these minutes reflect to her opposing to paying the zoning portion only of KPI’s invoice.

Motion: Supervisor Shambaugh made a motion to amend the minutes to show Supervisor Decker opposed the zoning portion only of KPI’s invoice. Seconded by Supervisor Lerew. The motion carried unanimously.

5. Route 15 Study – Supervisor Decker questioned the letter the Township received from Representative Bruce Smith regarding the Route 15 Study and the letter sent to him on Township letterhead. It is noted that there was no vote or authorization from the Board to send this letter and it is a misrepresentation.

6. Reimbursement to EMA –

Motion: Supervisor Shambaugh stated that the Township should reimburse the EMA members for the use of their cell phones and mileage during the storm on July 7^th. Seconded by Chairman Balsavage. The motion carried unanimously.

1. DAA 2005 Annual and Audit Reports – These reports are on file at the Township office for anyone who wishes to review them.

Ms. Sara Toll, 418 Little John Road questioned if there are any updates in Sherwood Heights. It is noted that YCCD did a follow-up inspection on August 11, 2005 from their previous inspection of June 21^st. The road has been seeded and mulched and some grass is coming up and the plan is still under review. This is being tracked by YCCD. It was noted that an extension has been granted until October 28^th to act on the Sherwood Heights plan. The mining issues and traffic study updates have not been submitted as of this date.

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

The bills for Recreation and State Highway are okay but there was a question on the General Fund regarding the sign for Awareness Day. This bill is to be checked out before mailing.

Motion: Supervisor Shambaugh made a motion to approve the bill lists as presented with the exception of the bill for the sign for Awareness Day. Seconded by Supervisor Lerew. The motion carried unanimously with the exception of Supervisor Decker opposing the payment of the zoning portion of KPI’s invoice.

Supervisor Shambaugh requested the Board go into Executive Session for a personnel matter. Chairman Balsavage asked the audience to step out into the hall. The Executive Session began at 8:50 p.m. The meeting reconvened at 9:00 p.m.

Motion: Supervisor Lerew made a motion to adjourn the meeting at 9:01 p.m. Seconded by Supervisor Shambaugh. The motion carried unanimously.

Respectfully submitted,

Nancy E. Zentmeyer