FRANKLIN TOWNSHIP

BOARD OF SUPERVISORS

January 19, 2006

 

 

CALL TO ORDER

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, York County, Pennsylvania.

 

ROLL CALL

Present were Supervisors Larry Lambert, Donald Lerew, John Shambaugh, Naomi Decker, and Gary Brown.  Also present was Engineer Timothy Knoebel, Solicitor Edward Schorpp, and Secretary Nancy Zentmeyer.  Visitors and guests are on the attached sign-in sheet.

 

PLEDGE OF ALLEGIANCE AND PRAYER

Chairman Lambert led the Pledge of Allegiance and Supervisor Decker gave the opening prayer.

 

APPROVAL OF MINUTES

December 15, 2005, Regular Meeting

Motion:           Supervisor Shambaugh made a motion to approve the December 15, 2005 minutes as submitted.  Seconded by Supervisor Brown.  Chairman Lambert asked if anyone had any comments or corrections.  Supervisor Decker indicated that following changes:  page 2 under Subdivision and Land Development, Sherwood Heights 3rd line “was” be changed to “has” and omit the word “that” at the end of the line; page 3 3rd line down it is important to note who stated about the mines and it was noted by the Township Engineer; under the Motion the word “approve” be corrected to “approved” and also under the Motion condition #12 to be corrected as per Solicitor Schorpp “the bond is to cover any complications involving the historic mines in the amount approved by the Township Engineer”.; under Reports, Engineer should be “KPI” not “KPR”  and under Solicitor “comments” should be changed to “commitments”; page 4 the first line at the end change “was” to “is to be” under Roadmaster it should be noted that Supervisor Shambaugh suggested that a letter be written to the neighbor with the steep driveway.; and under New Business Insurance Forms last line should read “to be signed”.

 

Motion:           Supervisor Shambaugh amended his motion to approve the minutes as corrected.  Seconded by Gary Brown.  The motion carried unanimously.

 

January 3, 2006, Re-organization Meeting

Motion:           Supervisor Shambaugh made a motion to approve the minutes as submitted.  Seconded by Supervisor Brown.   Chairman Lambert asked if anyone had any comments or corrections.  Supervisor Decker noted the following corrections: page 2 under Appointment of Treasurer it should indicated increase of salary to $16.00 per hour and page 5 under Meetings Held Outside Township Office in the Motion first line amend “paid” to “pay”.

 

Motion:           Supervisor Shambaugh amended his motion to approve the minutes as correction.  Seconded by Supervisor Brown.  The motion carried unanimously.

 

AGENDA AMENDMENTS

Chairman Lambert asked if anyone had any amendments.  Chairman Lambert indicated that Road Salt should be added to the Roadmaster Report.  Vice Chairman Lerew would like to discuss the water situation at Water Street and Union Church Road under the Roadmaster Report.  Supervisor Decker added under Subdivision and Land Development waiver request for the Edwards plan and under New Business vacation requests from the Secretary.  Also under Subdivision and Land Development the letter from the Cobb’s on Sherwood Heights should be discussed.  Supervisor Shambaugh would like to add under the Roadmaster Report a driveway permit and training for the Road Crew.

 

ORGANIZATION REPORTS

Police – Chairman Lambert presented the Police Report.  The Township is down 90 calls year-to-date and a total of 1,061 calls for 2005.  The report is on file at the Township office.

 

Fire – The year end fire report was submitted with a total of 36 calls for Franklin Township in 2005.  It was noted that the new engine has been ordered and should arrive in September. The rescue truck and old engine is being replaced by the new engine.   The report is on file in the Township office.

 

EMS - The year end EMS report was submitted with a total of 1,326 calls for Franklin Township in 2005.  This is an increase of 100 calls from 2004.  The new ambulance was placed into service on December 12, 2005 which replaces the older ambulance.  The report is on file in the Township office.

 

DAA – No report was submitted.

 

Emergency Management – No report was submitted.

 

Zoning Committee – Mr. Wayne Kober was in attendance to present to the Board of Supervisors the recreation plan.  Mr. Kober recommended that the Board of Supervisors look at the plan and that this be placed on the agenda for February.  It was noted that Carroll Township plans to adopt this plan.  It was also noted that Franklin Township has more park lands than the surrounding municipalities.  The following are some items in the recreation plan:  summer recreation programs, regional walking plan, and bikeways.   Supervisor Decker questioned how this would benefit Franklin Township.  Discussion ensued.

 

SUBDIVISION AND LAND DEVELOPMENT

Robert & Mary Edwards Subdivision Plan – Engineer Knoebel reviewed this plan with the Supervisors.  It was noted that the Planning Commission recommended the waiver request be granted regarding the buffer yard be reduced from 50’ to 25’on the eastern side of the property and the 50’ buffer on the southern side should be added.  It was indicated that the trees are to remain.

 

Motion:           Supervisor Shambaugh made a motion to grant the waiver request on the buffer yard be reduced from 50’ to 25’.  Seconded by Supervisor Brown.  There was discussion if the buffer yard is to be reduced on both sides.  Engineer Knoebel indicated that the waiver request would be the entire eastern side.  The motion carried unanimously.

 

Motion:           Supervisor Shambaugh made a motion to approve the Robert & Mary Edwards Land Development Plan with the condition the plan shows the 50’ buffer on the southern boundary line.  Seconded by Supervisor Brown.  There was discussion regarding comment 2a on the Engineer’s memorandum indicating a note be placed on the plan “no exterior storage”.

 

Motion:           Supervisor Shambaugh amended his motion to include comment 2a of the Engineer’s memorandum.  Seconded by Supervisor Brown.  The motion carried unanimously.

 

Baker & Deeds Subdivision Plan – The lots being subdivided are on the south side of Franklintown Borough along Route 194.  There is an existing house on Lot #1 which is approximately .5-acre and there is a need for the public water line to be extended to this property because of the lot size and Franklintown Authority will need to approve the water line extension.  It was noted that the water line should be bonded and a schedule of the installation should be provided to the Township. This plan is also being submitted to Franklintown Borough since a small portion is in the Borough. Engineer Knoebel noted that are a few issues that need to be addressed before approving the plan.   There was also discussion on a waiver needed to have this plan noted as a “Final Plan” instead of a Preliminary Plan.  There was discussion by the Solicitor on the jurisdiction of public utilities and the PUC.

 

Motion:           Supervisor Shambaugh made a motion to accept the time extension on the Baker & Deeds Subdivision Plan until April 27, 2006.  Seconded by Vice Chairman Lerew.  The motion carried unanimously.

 

Motion:           Supervisor Shambaugh made a motion to approve the waiver request from Article III, Section 303 the Submission of a Preliminary Subdivision Plan.  Seconded by Supervisor Brown.  The motion carried unanimously.

 

Baker & Deeds Land Development Plan, Waiver Request – A letter had been received from Hoover Engineering requesting a waiver to Section 305.a.8 – Providing capacity letters from the sewer and water suppliers of the proposed project.  It was noted that this will allow the continuance of the review of this plan.

 

Motion:           Supervisor Shambaugh made a motion to approve the waiver request from Section 305.a.8.  Seconded by Chairman Lambert.  Supervisor Decker noted that she was at a DAA meeting and the subject of the Chesapeake Bay was discussed.  It is noted that DAA, at the present time, does not have any more EDU’s available because they are over their allotted limited.  Discussion ensued.  The motion carried with Supervisor Decker opposing.

 

Sturbridge Place, Waiver Requests and Time Extension – Waiver requests had been submitted and it was noted that these requests will be put on hold for now.  A time extension letter was received to extend the time until June 30, 2006 in order to continue to work with Franklintown Borough on the expansion of their public water system and to address outstanding plan comments.

 

Motion:           Supervisor Shambaugh made a motion to accept the time extension until June 30, 2006.  Seconded by Supervisor Brown.  The motion carried unanimously.

 

Patrick & Lisa Kelley, Time Extension – A letter had been received from Mr. & Mrs. Kelley requesting a time extension to their plan of sixty days.

 

Motion:           Supervisor Brown made a motion to accept the time extension to the Kelley plan.  Solicitor Schorpp suggested  a condition that a new letter be submitted with an actual date and not just indicating sixty-days. The suggested time extension date is April 27, 2006.   The new letter/time extension form is to be received by February 9, 2006.

 

Motion:           Supervisor Brown amended his motion to indicate if the revised letter is not received by February 9th the plan would otherwise be denied subject to the comments of the Engineer’s memorandum of September 30, 2005.  Seconded by Supervisor Shambaugh.  The motion carried with Supervisor Decker abstaining.

 

Sherwood Heights, Time Extension – A letter had been received granting a time extension until March 17, 2006.  Engineer Knoebel noted that a revised plan had been submitted and that the comments need to be addressed.  There was discussion on the traffic study, mining, erosion issues, and the water problems.  It was noted that these are concerns by both the Board of Supervisors and the residents.

 

Motion:           Supervisor Shambaugh made a motion to accept the time extension until March 17, 2006 with the added notice that no further time extensions will be considered unless there is significant progress made on this plan.  Seconded by Supervisor Brown.  The motion carried with Supervisor Decker opposing.

 

Chairman Lambert commented on the letter received from Mr. & Mrs. Cobb and suggested to the residents of Sherwood Forest that any suggestions or comments should be submitted to the Township in writing. It was noted that the developer has reduced the number of housing units.  Another concern is the steep slopes in the proposed development.  Supervisor Decker noted concerns she has with the two residential homes going up the mountain and the ordinance that is in place against construction in the steep slope area and that the Township is responsible for the health, safety, and welfare of its residents.  The access road that will be used only as an emergency road also goes through the steep slope area.  Again, the Board of Supervisors expressed its concerns with this development.  It was noted that the Planning Commission has not made any recommendation on the waivers.

 

Kings Kids Camp, Concept Plan – The concept plan ties in with the Lexington Fields development.  It was noted that water and sewer lines would like to be incorporated with Kings Kids Camp and the Harold Willis property.  Mr. Eric Johnston was in attendance to ask for guidance on density and clustering.  It was noted that Kings Kids Camp is limited by their current septic capacity.  A proposal is being offered to extend a road from Lexington Fields to Glenwood Road through the camp and Mr. Willis’s property.  Chairman Lambert noted that since this concept plan is in the early preliminary stage it should be discussed at a later date.

 

Mike Sunday, Revised Land Development Plan – The revised plan was submitted to the Township for review and according to the Engineer’s Report there are three items that deem the plan incomplete as follows:  1) notarized owner’s acknowledgement; 2) stormwater management plan; and 3) correction application fee.  It is noted that all three items have been corrected.  There was discussion on the test wells report submitted by ARM noting the depth to regional groundwater evaluation.  It has been confirmed that there are no water supply wells within 300’ of the AggRite use area.   Deana Weaver from Carroll Citizens for Sensible Growth was present and discussed with the Supervisors the depth of the bore holes indicating that the deepest was 8.2’.  Mrs. Weaver indicated that CCSG will be filing a complaint to DEP.   DCNR indicates major problems with shallow ground water in this area.  Mrs. Weaver invited all the Supervisors to attend a meeting on Wednesday, February 8th at the DAA building on West Church Street.  This meeting is an informational roundtable on Municipal Waste Ash applications.  The meeting is to begin at 1:00 p.m.

 

Since the three items on the incomplete report have been taken care of the Mike Sunday Revised Land Development Plan is to move forward and go to the Planning Commission in February.

 

Apple Blossom Estates, Final Subdivision Plan – The final subdivision plan was submitted to the Township for review and according to the Engineer’s Report there are four items that deem the plan incomplete as follows: 1) where public water and/or sewer is to be provided, acknowledgement in writing from the appropriate agency that capacity exists to serve the proposed development; 2) notarized owner’s acknowledgement; 3) stormwater management plan; and 4) sewage planning module.   Mr. Johnston was present to represent this plan.  As noted before, the DAA has allotted their limit on EDU’s and it was questioned how the development would receive a letter for capacity.  It was noted that DAA’s attorney is “fine tuning” the language of the letter, but that this development has already received and paid for the capacity before the issue with EDU’s became known.  The agreements for capacity were made in November 2005.  It is noted that a waiver on this request is done at the preliminary plan only.  It was suggested that the developer/engineer withdraw this plan at this time and the Township will hold the review fees.  There was discussion on submitting the plan to PennDOT and the HOP application.  The HOP has not been received as of this date.  Also discussed was the traffic study and since traffic will no longer go through Sherwood Heights the applicant should submit an addendum.

 

Since the four items on the incomplete report have not been addressed the plan is withdrawn and the Township will hold the fees.

 

REPORTS

Engineer

1.  Road Occupancy Permit, 1 Stoney Run Road – Engineer Knoebel indicated that a site visit was done on January 6th.  It is believed that the driveway is newly constructed but the permit application indicates work is to alter the existing driveway.   It was noted that the permit has been approved.

 

2.  Schedule Zoning Workshop – Engineer Knoebel noted that the Board of Supervisors should set a date for a zoning workshop.  Tuesday, February 14, 2006 at 7:00 p.m. is the date that has been set for the next zoning workshop and this is to be advertised.

 

3.  Municipal Building Survey – Engineer Knoebel stated that he will be submitting the survey to the Township in the near future.

 

Solicitor

1.  PennDOT Project – Solicitor Schorpp indicated the project PennDOT is proposing in relocating the salt shed along Route 15 that a land development plan needs to be submitted to the Township.   It was noted that the Solicitor should write a letter to PennDOT notifying them that a plan is required.

 

Supervisor Decker noted going back to Apple Blossom Estates that the preliminary plan was reviewed under the old ordinance and asked if the final plan will be review under the new ordinance.  Solicitor Schorpp quoted Section 403, PA DEP Planning Module for Land Development or Subdivision and Section 305, Review of Plans.  The plan is reviewed under the ordinance it was filed.  After discussion the planning module should be submitted during the preliminary plan but it was noted that this was not done.

 

Building Permit Officer

1.  Franklintown Road – Mr. Fahey had met with residents regarding a new housing development on the east side of Franklintown Road where it goes through the PA State Game Lands.  The residents have concern regarding the lack of ground water available and that the entire area is sitting on an ancient volcano.

 

2.  Junk Yards – A citation has been issued for the junk yards and was sent certified mail   Solicitor Schorpp indicated that citations are to be filed with the District Justice and they will serve the property owner.  Charges are also to be filed on the Hancock property and Mill property.   It was noted that the citations are to be considered civil offense instead of criminal. 

 

3.  Demo Permit – It was suggested that the Township consider issuing demo permits, as with the upcoming

salt shed PennDOT project.

 

The Building Permit Officer’s Report is on file at the Township office.

 

 

Chairman Lambert called for a recess at 8:48 p.m.

The meeting reconvened at 8:53 p.m.

 

Roadmaster

1.  Clean-up Day for 2006 – After discussion on the date was discussed.

Motion:           Chairman Lambert made a motion to scheduled Clean-up Day on Saturday, May 6, 2006.  Seconded by Supervisor Brown.  The motion carried unanimously.  Vice Chairman Lerew questioned the date with Baseball using the fields at the Township Park.

 

2.  Road Salt Contract – Supervisor Shambaugh noted that a contract had been received from Department of General Services for the August 2006 – July 2007 season.  This contract needs to be submitted by March 31, 2006.

 

Vice Chairman Lerew indicated that there is a water problem at the intersection of Union Church Road and Water Street.  During these past heavy rains it was noted that there was 4” or more in the middle of the road.  Supervisor Shambaugh noted that he will discuss this issue with the Roadmaster.

 

3.  Driveway Application, 7 Stone Head Road – A second driveway is being requested by the property owner.  Mr. Mattos was present and noted that he had a building permit to construct a garage and this was going to be used to store equipment but would like to use it as a second garage.  The driveway is not paved and is currently gravel and stone dust.   Mr. Mattos is requesting a wavier be granted in order to have a second driveway.  There was discussion on the possibility of amending the ordinance but at this time the current ordinance does not allow for two driveways and the Board of Supervisors have denied such previous requests.

Motion:           Chairman Lambert made a motion to table this request until the February 16th meeting.  Seconded by Supervisor Brown.  The motion carried unanimously.

 

4.  Superpave Training – Supervisor Shambaugh noted that a training class is scheduled for Tuesday, January 24th on Superpave and he is recommending that all three road crew members attend this training.

Motion:           Chairman Lambert made a motion to approve the three road crew members to attend the Superpave training class.  Seconded by Vice Chairman Lerew.  It was noted that if there is bad weather they would not attend the class.  The motion carried unanimously.

 

The Road Report for January 2006 is on file at the Township office. 

 

Parks and Recreation

Supervisor Decker noted the following from the Park & Recreation Board meeting of January 17th:

1.  Rachel Fleming is seeking approval from the scouts for the nature area at Ponderosa Park.  This project is to help earn her gold award.

 

2.  Northern York Lacrosse is requesting the use of the upper field at Ponderosa Park from February 27th through June 30th.  It was noted that the use of the field should be lined up the Soccer Club.

 

3.  Dillsburg Youth Baseball has agreed to pay half of the fees for the treatment to the fields at Century Lane Park.  DYB is also requesting to place double doors on shed to make it easier to store equipment and to repair the snack shop at their expense. 

Motion:           Supervisor Decker made a motion to grant permission to Dillsburg Youth Baseball for the use of the Century Lane fields beginning March 1st, weather permitting and the condition of the fields, through November 1st and to coordinate with the Dillsburg Area Soccer Club.  There should also be no Sunday games.  Seconded by Chairman Lambert.  The motion carried unanimously.

 

4.  Supervisor Decker noted at the re-organization meeting all of the officers remained the same as will the meeting date and time, 3rd Tuesday at 7:00 p.m., for the Park & Recreation Board meetings.  Supervisor Decker asked that this information be advertised.

 

5.  Supervisor Decker stated that the equipment order for the playground equipment through the grant needs to be signed and sent in, in order to receive the 2005 prices.   Chairman Lambert’s signature is needed on the order since Mr. Balsavage is no longer on the Board.

 

OLD BUSINESS

Treasurer’s Bond – It was noted at the Re-organization meeting the Treasurer’s Bond was reduced to $500,000.00 and in the Treasurer’s Report it shows there is more than $500,000.00 total in all funds.

Motion:           Supervisor Shambaugh made a motion to reinstate the Treasurer’s Bond in the amount of last year’s bond.  Seconded by Supervisor Brown.  The motion carried unanimously.

 

NEW BUSINESS

Purchase of File Cabinet – Supervisor Decker stated that another file cabinet is needed to file the active subdivision and land development plans.

Motion:           Supervisor Decker made a motion to purchase a file cabinet as requested.  Seconded by Chairman Lambert.  The motion carried unanimously.

 

Fee Schedule for Tax Collector – A memorandum was submitted by Mr. Clyde Flohr for fees to be collected for 2006.

Motion:           Chairman Lambert made a motion to accept the fee schedule for the Tax Collector.  Seconded by Vice Chairman Lerew.  The motion carried unanimously.

 

PSATS 2006 Convention – All Supervisors received a copy of the convention registration form.  This needs to be complete and mailed before January 31, 2006 in order to receive the “early bird rate”.   Supervisor Brown commented on a couple of the pre-convention workshops being provided that he is interested in attending.  It was noted that these can be approved at a later date.

 

Vacation Request – The Secretary has submitted a partial vacation request to be considered.

Motion:           Supervisor Brown made a motion to grant the vacation request as submitted.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

CORRESPONDENCE

West Shore Tax Bureau, Amnesty Period – Solicitor Schorpp noted that this is taken care of according to Ordinance 3-2002 in regards to earned income tax, non-residents and self-employed residents.  A copy of Ordinance 3-2002 will be send to the tax bureau.

 

Drainage Issue Re: Pifer Property, 619 Range End Road – A letter was received from Mr. Dale Pifer and Mr. Dean Pifer regarding a drainage problem.  The adjoining property owner is draining water from around a lift station onto 619 Range End Road and possibly crossing the property line.  There was discussion on how close to a property line can a drainage ditch be and should a silt fence be installed according to the stormwater management ordinance.  It was noted that Mr. Pifer should contact the neighbor and if this issue does not get resolved this would become a civil matter and Mr. Pifer should get private counsel.  It was also suggested that Mr. Piefer hire someone to research his property and deeds.

 

York County Planning Commission, Representative & Alternate – Correspondence had been received from YCPC requesting names for a representative and an alternate.

Motion:           Chairman Lambert made a motion to re-appoint Supervisor Decker again as the Representative to YCPC.  Seconded by Vice Chairman Lerew.  The motion carried unanimously.

 

Motion:           Chairman Lambert made a motion to appoint Vice Chairman Lerew as the Alternate to YCPC.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

PUBLIC COMMENT

Mr. Carl Zeigler commented that he has been a resident for 55 years and he would like to see the one-lane bridge on Century Lane, by the Township Park, be widened.  It was noted that the park on Century Lane is used quite a bit and traffic gets backed up.  It was asked if there is any grant money available to correct the bridge.   It was also noted that the one-lane bridge also helps with slowing down the traffic flow.

 

TREASURER’S REPORT

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

 

APPROVAL & PAYMENT OF BILLS

Chairman Lambert questioned the following bills: the radio installation in the new truck, the purchase of rock salt, and the bills to Shumaker’s Garage.  It was suggested that minor repairs could be performed by the road crew.  The radio installation is in case Mr. Laurin Fleming would need the vehicle for emergencies there is communication available.

 

Motion:           Supervisor Shambaugh made a motion to approve the payment of the bills as listed.  Seconded by Vice Chairman Lerew.  The motion carried with Supervisor Decker opposing to the zoning payment portion of KPI’s bill.

 

EXECUTIVE SESSION

No Executive Session was called.

 

ADJOURNMENT

Motion:           Supervisor Brown made a motion to adjourn the meeting at 9:45 p.m.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Respectfully submitted,

 

 

 

Nancy E. Zentmeyer

Township Secretary