FRANKLIN TOWNSHIP

BOARD OF SUPERVISORS

September 15, 2005

 

 

CALL TO ORDER

Vice Chairman Lambert 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.

 

ROLL CALL

Present were Supervisors Larry Lambert, John Shambaugh, Donald Lerew, and Naomi Decker.  Also present was Township Engineer Tim Knoebel, Acting Solicitor Hubert Gilroy, and Secretary Nancy Zentmeyer.  Visitors and guests are on attached sign-in sheet.

 

PLEDGE OF ALLEGIANE AND PRAYER

Vice Chairman Lambert led the Pledge of Allegiance and asked Supervisor Decker to give the opening prayer.

 

APPROVAL OF MINUTES

August 18, 2005 Board of Supervisors – Vice Chairman Lambert asked if anyone had any corrections or comments to the August 18, 2005 minutes.  Supervisor Decker made the following amendments: on page 1 under Approval of Minutes it should indicate that Solicitor Schorpp noted the deficiencies be given as a basis of denial;  on page 2 under Emergency Management, 7th sentence is should read “Larry Harbold and Mr. Fleming” instead of “Larry Lambert”; on page 2 under Zoning Committee it should be noted that “Supervisor Decker asked who authorized Mr. Kober attendance to the open space/recreation plan meetings” this notation  should be at the end of the sentence ending with good idea; on page 3 under 1.a should indicate “for Lot #1”; 1.d should be Section 514.A.8; 1.f should read Ordinance 1-2004; page 4 under Roadmaster, Young’s Mobile Home Park second sentence should read “part” and not “park”; page 5 under Old Business, Mike Sunday second sentence should read “again send” not “sent” and page 6  under Route 15 Study is should read “letter sent to him written by Wayne Kober and signed by Larry Lambert” on Township letterhead.

 

Motion:           Supervisor Shambaugh made a motion to approve the August 18, 2005 minutes with the amendments.  Seconded by Supervisor Lerew.  The motion carried unanimously.

 

AGENDA AMENDMENTS

Vice Chairman Lambert noted that in the immediate future there will be a need for a Zoning Officer, Zoning Hearing Board, and the survey of the Township Building and then asked if anyone had any agenda amendments.  Supervisor Decker added the following items:    under Subdivision/Land Development add to Apple Blossom Estates a time extension; under Reports, Engineer add Mike Sunday – plan submitted and questions on an ordinance.  Supervisor Shambaugh added the following items:  under Reports, Engineer the zoning meeting dates and Baker & Deeds subdivision plan; under Old Business add Ernie Kauffman.  Vice

 

ORGANIZATION REPORTS

Police – Vice Chairman Lambert indicated that there is no report due to the fact that the meeting will be held next week.

Fire – There were 19 calls last month and none were in Franklin Township.  The Fire Company has received a grant from the Federal Government for $261,250.00 to help purchase a new engine.  The ladder truck will be kept.  The old C.F. Mack is to be sold at a later date.

EMS – There were 76 calls last month with 10 of the calls in Franklin Township, 8 being emergency medical and 2 being motor vehicle accidents.  The new ambulance should arrive by mid-October and in-service by November.  EMS is in a hiring phase with one full-time and a couple of part-time.  This void was created by people returning to college and National Guard.  There will be a community program with such training as CPR and the EMS is hoping to hold classes at the surrounding municipalities Township Buildings.  Funding through a grant has been received for over $10,000.00 for new AED’s.  A webpage is being developed and will be available in the near future.  Once again for Farmers Fair sandwiches will be sold along with an all-you-can-eat breakfast buffet.  It is noted that the new ambulance will be more upgraded.  The last item is with the report there are two letters submitted regarding the budget and what their goals are for next year.

DAA – No report was submitted.

Emergency Management No report was submitted.

Zoning Committee – Bob Eichelberger was present to give an update.  It was noted that Mr. Randy Beck from the York County Planning Commission was present for the public meeting held on September 13th and he indicated that the presentation and discussion went very well.  Mr. Eichelberger questioned how would the residents know the response to their questions that came from the public meeting and the response to the petition.

 

SUBDIVISION AND LAND DEVELOPMENT

Kensington Manor Tower Lease Agreement/Waiver Request/Time Extension -  Brian Linsenbach was present to represent this plan.  There was discussion regarding the lease agreement and when the lot is sold will the road to the tower be shared the tower owners?  It was noted that the Planning Commission is looking into this.  The waiver request, which was acted on at the August 18th Board of Supervisors meeting, the engineer is asking that this be to reconsider and re-vote or rescind until a later date when additional information is supplied.   There are 3 lots which will be affected and that the wetlands should not be included in the drainage easements. It was noted that the waiver will not be rescinded, but it can be brought up at a later date.  It was suggested that a time extension be given to the Township since there is additional information needed and the Supervisors deadline for action is today.   Mr. Linsehbach stated that on behalf of this client he will give a time extension until December 29, 2005 for plan action.

 

Motion:           Supervisor Shambaugh made a motion to accept the time extension for Kensington Manor until December 29, 2005 and that the letter be submitted before the end of the meeting.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

 

Apple Blossom Estates – Eric Johnston was present to represent this plan.  Mr. Johnston stated that the Planning Commission acted on conditional approval of this plan and he is requesting the same from the Board of Supervisors.  There are 59 lots and the steep slope does not exceed 15%.  There have been two waiver requests on slant curves and steep slope encroachment areas.   Mr. Johnston stated that Mr. John Raab from GTA is present tonight to answer questions regarding the mine activity.  There was discussion on Lot #12, Lot #17 and Lot #19 in regards to the steep slope and which on Lot #19 the water tank is to be erected and maintained by Dillsburg Area Authority. On Lots #12 and #17 the building area slope would be 5%-8%. It was noted that the steep slope on Lot #19 is between 10 – 15%.  There is a note on the plan with steep slope areas of >25% as follows:  a) yard grading associated with Lot #36 home construction, b) grading associated with Lot #19 (water tank lot), and c) grading associated with emergency access.  Mr. Johnston indicated that where the emergency access is the grading area is 14% maximum and this is only for a short distance.  It was suggested that more information be shown on the plan such as the profile, turning radius etc. The gates will be locked and emergency management will have keys.  It was suggested that a “break-away barrier” could also be installed and that would eliminate the potential problem with keys.  Other concerns were if the road on Lot #19 would dump water onto Lots #17 and #18.  Mr. Johnston felt this would not be a problem.

 

Supervisor Decker stated that she had a problem with the road to the water tank and will DAA be maintaining this road. It was noted that DAA will receive a deed of dedication for this road and maintain it. It was also noted that the road on Lot #19 would have an Erosion Control Plan.  Lot #19, which is a panhandle lot, could be widen because the adjoining lot is 36+ acres.

 

Mr. Knoebel explained the slant curb in wavier request #1 and stated that it would be better to have a vertical curb but with the slant curb the issue with placing driveways would be more cost effective.  If the road would be re-paved, at a later date, milling equipment would need to be used. 

 

Motion:           Supervisor Shambaugh made a motion to approve the waiver request of Section 508.A.2 to permit the use of slant curbs.  Seconded by Vice Chairman Lambert.    There was discussion on this issue.  Supervisor Decker indicated that she has a concern with these curbs and water flow after a heavy storm, would other properties be flooded.  It was indicated that there was a gutter flow calculation submitted, spread widths and addition of more catch basins to handle the water overflow.   The motion carried with Supervisor Decker opposing.

 

Motion:           Supervisor Shambaugh made a motion to approve the wavier request of Section 518.E to permit construction in steep slope areas.  As noted on the plan the grading on Lot #36, Lot #19 and the emergency access.  Supervisor Shambaugh stated that it should include Lot #17 in association with Lot #19 and to have a detailed drainage and Erosion Control Plan.  Seconded by Vice Chairman Lambert.  The motion carried  with Supervisor Decker opposing.

 

It was noted the Planning Commission acted on conditional approval along with the 6 conditions from KPI.

 

Mr. Raab from GTA was present to answer questions on the mining activity and what is to be done.  Vice Chairman Lambert indicated that there is a great deal more that is required to be done to find the location of mines in this area.  It was noted that this issue came to be because Mr. Darr of the Planning Commission has first hand knowledge of these mines.  It was noted that in the 1860’s deep clay mines were in this area.  On Lot #66 is an open pit of iron ore and is currently filled with water.  Studies are to be done in that area also.  Vice Chairman Lambert indicated that he would like to see an overlay of the pits and/or tunnels for this subdivision.  Mr. Raab stated that there is no evidence in mapping or records as to the mine activity that took place.  Some of the ways to do testing is by boring, geo-physical techniques, x-rays, and electric methods such as a recommended use of electrical resistivity imaging.  Mr. Raab indicated that electrical resistivity imaging would be able to point out where the tunnels or open shafts are located.  This techniques can also show a 200’-300’ line.  It was suggested that a note be placed on the plan regarding these mines as a condition to protect the Township. Vice Chairman Lambert stated that the Township needs a comfort level of where these mines are located.  Supervisor Shambaugh stated in the initial phase to add any work needed to be done and to see all of the mining activity.  This plan was before the Board a couple of months ago and  the mining report was requested at that time. Mr. Raab indicated that the vicinity of the immediate mining areas would be in the report. There was also concern the ore hole on Lot #66 since it is filled with water does this need to be fenced and if so something higher than 3’ or children could not climb over.  Mr. Knoebel, along with Supervisor Shambaugh, added that he also has a concern with the road system and the possibility of mines being located under that system.  Supervisor Lerew noted that there would be the same types of mines in Sherwood Forest and there are some on his property which run approximately a mile up the mountain.

 

Motion:           Supervisor Shambaugh noted that no action on the plan would be taken tonight but the Board of Supervisors accept the time extension on Apple Blossom Estates until December 29, 2005 and that it be submitted tonight.  Seconded by Vice Chairman Lambert.  The motion carried unanimously.

 

Livingston Estates Request for Traffic Impact Study Area – Mr. Eric Johnston presented this plan.  Mr. Johnston indicated that this plan is for Lexington Fields.  The site for this development is along Route 194 and By-Pass Road. Traffic counts have been done to get a feel for the impact this development will have on the Township. There will be a building razed with a possibility of a cul-de-sac and the vacation of a road.  Mr. Knoebel indicated that the Planning Commission did look at this and that the study does need to be done first before any detail design is done.  There is a proposal for two accesses onto Route 194 and another access to Glenwood Road.  This development will consist of 363 townhouse units.  The traffic engineer would like to bypass Franklintown and have a more ready access with a 50’ panhandle out to Glenwood Road.  It was noted that the results of this study will determine whether or not it is a good idea.  It was noted that the study does need to be done and it was suggested to study additional intersections.  No action is required.

 

Stoney Run Townhouses, Extension for Completion – It was noted that Solicitor Schorpp had sent a letter, dated August 19, 2005, to Stoney Run Partnership requesting that the storm water run-off, drainage issues be corrected within 45 days of the date of the letter.  The Township received correspondence asking for an extension deadline for completion of these issues until October 31, 2005.

 

Motion:           Vice Chairman Lambert made a motion to accept the completion deadline of October 31, 2005.  Seconded by Supervisor Lerew.  The motion carried with Supervisor Decker opposing.

 

REPORTS

Engineer

1. Mike Sunday Plan Submitted & Ordinance – Supervisor Shambaugh stated that it was improper under Act 14 Notification that the Township was not notified of this operation.  Supervisor Decker quoted Ordinance 9-1985 and the PA Municipal Waste Management Act Section 6016.101 indicating whether or not the operation was done in compliance.  It was noted that the ordinance needs to be researched by Solicitor Schorpp to see if it needs to be updated to be in compliance.  Also Section 6018.610 indicates beneficial use and that Mr. Sunday has had the solid waste processed and is there a difference in processed waste or has the ordinance been violated in any way.  It was indicated that approximately 50,000 tons of the ash has been brought onto the site.

 

2. Zoning Meetings – Supervisor Shambaugh questioned the meeting schedule, dated August 18th from KPI, as to the December 1st Special Meeting to adopt the zoning ordinance.  It was suggested that the MPC should be checked out.  It was indicated that there needs to be a public hearing with the Planning Commission and Board of Supervisors.  The Planning Commission is to review and recommend any comments or changes.  Mr. Knoebel stated that he would research and verify these dates.

 

3. Baker & Deeds Subdivision – Supervisor Shambaugh questioned whether or not the sewer system was going to be extended.   Mr. Rodney Decker noted that this plan is on hold at the moment and that another or revised plan will be submitted.  If the sewer line is extended this would go through DAA.  The water would go to Franklintown.

 

Solicitor – Mr. Gilroy did not have anything to report and stated he was happy to fill in for Solicitor Schorpp.

 

1. Solicitor Increase in Pay – It was noted that a letter had been received from Solicitor Schorpp requesting an increase for services from $100.00 per hour to $110.00 per hour.  It was noted that this will be discussed during the budget meetings.

 

Building Permit Officer – Brian Fahey presented his report.  Mr. Fahey questioned the Quality Greenhouse and if there was a plan on file for the additional buildings.  It was noted that correspondence had been received that a plan will be submitted to the Township.  Another issue is a re-hab house located on Stoney Run Road.  No building permit has been issued and Mr. Fahey indicated that he would like to leave a cease and desist or stop work order for the property.  It seems that the Township does not have a procedure or an ordinance to enforce the UCC.   This will be researched.    The last issue is the property at Rt. 15 South and Century Lane, Ruth Property, no permit is required for the work being performed but the UCC requires a declaration of use so the Township knows the intended use of the building.  It was noted that the Solicitor should look into these issues and render a decision.    Mr. Fahey also noted that at some point the Township may have to issue demolition permits.

 

Roadmaster – Supervisor Shambaugh noted that a report has been submitted and is on file at the Township office.   An issue that needs to be looked at is the side ditches along Stone Head Road.  It was noted that they are washing out and the pipe under the road is clogged.  This is something the developer needs to address.

 

Mr. Knoebel stated that Roadmaster Ocker and he did inspections on two properties – one at 125 Tuckahoe Road and the other at 80 Circle Drive.  Both properties have drainage issues.  The property owners were present and each were given a copy of the report and asked to review and get any comments or recommendations back to the Board.

 

Supervisor Lerew indicated that through LTAP all municipalities by the year 2007 must replace Township street signs and any other signs with a brighter reflector signs.  It was suggested that the Township start replacing signs now instead of waiting until 2007 and replacing all the signs a once.  As the Roadmaster sees a sign that needs replaced order the brighter reflector signs.  This would be more cost efficient.  Supervisor Decker indicated that the sign by the Township Park reading “One Lane Bridge” should be replaced because it is hard to read and it is rusted.

 

Vice Chairman Lambert called for a recess at 9:20 pm.

 

The meeting reconvened at 9:24 p.m.

 

Park & Recreation

1. Ponderosa Park - Supervisor Decker noted that she had received form from Rettew Associates that need to be signed by the Solicitor in order to get money from the grant.  This money is for the gym set and playground equipment.  There was discussion on the piggyback program with equipment, the engineered plans for the equipment in the park, and the moving of the ground and layout of the playground equipment.   There was discussion on whether or not Mr. Knoebel should review this plan.

 

2. Warrington Township Recreation Plan - Supervisor Decker suggested that a letter be written in response to the plan indicating that the Franklin Township Board of Supervisors has no problem with their recreation plan. It was noted that this is an amendment to their Comprehensive Plan

 

 

 

OLD BUSINESS

1. Ernie Kauffman – Supervisor Shambaugh asked Supervisor Decker if she had written a letter of apology to Mr. Kauffman.  Supervisor Decker indicated that she did not and will not.  She had not called Mr. Kauffman as a Supervisor of the Township but as a Township resident because of the loud noise after 10:00 p.m.  It was suggested that if this noise continues after 8:00 p.m. that the police should be called to handle the situation.  There should be more consideration of noise after certain hours.

 

NEW BUSINESS

1. Humane Society 2006 Animal Protection Service Agreement – After review of the agreement and discussion on what was paid the previous years it was suggested that this be tabled and placed on the agenda for the October meeting.  This agreement does not go into effect until January 1, 2006.  It was noted that the agreement should be compared with the last 3-years to see if there is any differences.

 

2. 90-Day Probation Period, Township Secretary – Vice Chairman Lambert noted that this will be discussed in an Executive Session.

 

3. 89th Annual York County Association Convention – Supervisor Decker asked for approval for payment for her to attend the convention which is $18.25 pre-registered.  Supervisor Decker also asked for the payment for the Treasurer and Secretary if they would like to go. 

 

Motion:           Vice Chairman Lambert made a motion to approve the payment of convention fees for Supervisor Decker, Treasurer and Secretary at $18.25 per person for pre-registration.  Seconded by Supervisor Lerew.  The motion carried unanimously.

 

4. Schedule Trick or Treat Night, October 31, 2005 6:00 p.m. to 8:00 p.m. – It was noted that other surrounding municipalities will be holding Trick or Treat Night on Monday, October 31, 2005.

 

Motion:           Vice Chairman Lambert made a motion to schedule Trick or Treat Night on October 31, 2005 from 6:00 p.m. to 8:00 p.m.  Seconded by Supervisor Lerew.  The motion carried with Supervisor Decker abstaining.

 

5. Schedule Budget Meetings – It was noted that Budget Meetings need to be scheduled.  The Supervisors were informed that Mrs. Emlet, Treasurer would be available the first two weeks in October.   The first meeting is scheduled for Tuesday, October 11th.

 

CORRESPONDENCE

1. York County Commissioners letter – Supervisor Lerew noted that a letter had been received from the York County Commissioners asking every municipality to join the County of York in making a monetary contribution to the relief effort.  All contributions received will be passed on to the York County American Red Cross in the name of York County Governments for use in the Hurricane Katrina disaster relief effort.  Supervisor Lerew suggested that the Township give a contribution of $1,000.00.   There was discussion regarding the amount that some thought should be given and that the Township should get an opinion from the Township Solicitor and Acting Solicitor Gilroy suggested that the Solicitor should review the Second Class Township Code.  Supervisor Shambaugh stated that he does not want to use taxpayers’ monies for this.  It was suggested that this be tabled.

 

2. Letter from Sheri Myers – Vice Chairman Lambert indicated that a letter had been received today requesting a letter from the Township to Met-Ed for a resident to install a “Dusk to Dawn” light on a street light pole on Range End Road.  It was suggested that the Township find out if any of the adjoining neighbors object to this light, is it on private property, and who will be paying for this light.  It was noted that there are no liability issues.  It was suggested to contact this property owner and indicated that the Township does not have a problem with this light but would like answers to these questions.  It was suggested that the Township gets the neighbors signatures and a letter back from the property owner.  This is to go back on the agenda for the October meeting.

 

TREASURER’S REPORT

After review of the Treasurer’s Report the following action was taken

 

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

 

APPROVAL & PAYMENT OF BILLS

After review of the bills from the General Fund, Recreation Fund, and State Highway Fund the following action was taken.

 

Motion:           Vice Chairman Lambert made a motion to approve the payment of bills.  Seconded by Supervisor Lerew.  The motion carried unanimously.  It was noted that there were no bills from KPI this month.

 

PUBLIC COMMENT

1. Sara Toll, Sherwood Forest- Mrs. Toll informed the Supervisors that there were engineers/surveyors in the Sherwood Forest/Sherwood Heights area approximately a month ago but there has not been any more excavation done.  It was noted that Sherwood Heights plan extension expires on October 29th and that this plan will be before the Board at their October meeting.  Mr. Knoebel indicated that this plan will not be going before the Planning Commission as no new plan has been submitted.

 

AGENDA AMENDMENTS

Vice Chairman Lambert noted that under agenda amendments he had indicated that there should be discussion on Zoning Officer, Zoning Hearing Board, and Township Building Survey.   It was suggested that with the adoption of the Zoning Ordinance coming up soon the Township should be thinking about these items.  Vice Chairman Lambert entertained the thought of hiring a Township Manager/Zoning Officer since growth is coming to the Township.  A suggested salary should be around $50,000.00/year.  The Township should think about advertising for volunteers to serve on the Zoning Hearing Board.  It was suggested that the Township advertise for a part-time Zoning Officer and then within 6 months or more it could become a full-time position with the addition of Township Manager being added to the job description.

 

EXECUTIVE SESSION

Vice Chairman Lambert called for an executive session at 10:11 p.m.

The meeting reconvened at 10:18 p.m.  The Board of Supervisors unanimously approved the 90-day Probation Period for the Township Secretary.

 

ADJOURNMENT

Motion:           Vice Chairman Lambert adjourned the meeting at 10:20 p.m.   Seconded by Supervisor Lerew.  The motion carried unanimously.

 

Supervisor Decker along with the other Supervisors expressed their appreciation that the Township Secretary went above and beyond the call of duty when she worked the Recycling Center on July 30th (5th week).

 

Respectfully submitted,

 

 

 

Nancy E. Zentmeyer

Township Secretary