FRANKLIN TOWNSHIP

BOARD OF SUPERVISORS

REGULAR MEETING

October 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, John Shambaugh, Naomi Decker and Gary Brown.  Also present were Solicitor Edward Schorpp, Engineer Timothy Knoebel, 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 Brown gave the opening prayer.

 

APPROVAL OF MINUTES

Board of Supervisors Regular Meeting – September 21,  2006

Motion:           Chairman Lambert made a motion to approve the amended minutes of September 21, 2006 Board of Supervisors Regular Meeting as submitted.  Seconded by Supervisor Brown.  The motion carried unanimously.

 

Board of Supervisors Zoning Workshop – October 10, 2006

Motion:           Supervisor Shambaugh made a motion to approve the minutes of October 10, 2006 Board of Supervisors Zoning Workshop as submitted.  Seconded by Supervisor Brown.  The motion carried unanimously.

 

AGENDA AMENDMENTS

Chairman Lambert asked if any of the Supervisors had any agenda amendments.  Supervisor Decker indicated that under Reports, Engineer that the Bob Ruth Land Development Plan be added along with the sewage permit on Mountain Road;  under New Business – question about Board policy; and under Correspondence the letter from Schrack & Linsenbach regarding the courthouse.  It was noted that this letter was given to Mr. Fahey and this should be discussed under his report. Chairman Lambert indicated that under New Business discuss Regional Comprehensive Plan changes.  Supervisor Shambaugh indicated that under Roadmaster that are a couple of purchases he would like to discuss.

 

ORGANIZATION REPORTS

1.  Police - Chairman Lambert gave the Police Report, up to October 17, 2006.  Year to date the calls are up 13.8% and 98 calls were received during the month of September.  It was noted that the Township has been with Northern York Regional Police since 1991.  There was discussion on the hours worked and that there is approximately 1155 units proposed in new developments and the Township should look at increasing the police force by up to 10/20 hours more gradually.   Supervisor Decker asked how much is a ½ unit and it was noted that it equals 5 hours.  Chairman Lambert noted that the Township started with 40 hours per week and is now up to 75 hours per week.   It was noted that this can be discussed at the budget meetings.

 

2.  Fire – Franklintown & Comm. Fire Co.  Dick Blouch presented the report.  It was indicated that there were a total of 44 calls with 15 being in Franklin Township.  Also noted were the upcoming events at the fire station.

 

Citizens Hose Co. #1.   Todd Cook presented the report.  There were a total of 34 calls with 3 being in Franklin Township.  The new truck should be getting the final inspection next week.  There was discussion on the radio system and some problems they are currently having such as personnel, radio and dispatcher. Mr. Cook stated that there will be documentation regarding these concerns/problems. There was discussion on getting help from Franklin Township because this needs to be corrected.  It was suggested that the Township write a letter to the County Commissioners.   Mr. Cook was asked to provide the Township Secretary with a contact name and address so the letter can be sent to the correct person and it will be copied to Dillsburg Borough and Carroll Township.  Chairman Lambert noted that he would help with the letter.

 

3.  EMS – Traci Cook presented the EMS Report.  During the month of September there were 20 calls in Franklin Township.  Year to date there have been 189 calls in Franklin Township. A copy of the 2007 budget was submitted last month and it was noted that the wages and benefits will change for the paid staff with  an increase to be more common across the board with other companies in the area which are similar to Dillsburg.

 

4.  DAA – There was no report given.

 

5.  Emergency Management – There was no report given.

 

6.  Zoning Committee – There was no report given,

 

SUBDIVISION AND LAND DEVELOPMENT

1.  Apple Blossom Estates, Time Extension

Motion:           Chairman Lambert made a motion to accept the time extension for Apple Blossom Estates until December 31, 2006.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

2.  Baker & Deeds, Time Extension

Motion:           Chairman Lambert made a motion to accept the time extension for Baker & Deeds until March 30, 2007.  Seconded by Supervisor Brown.  The motion carried unanimously.

 

3.  Michael Sunday, Time Extension

There was discussion on why is there another extension.  It was noted that this plan is going before the Planning Commission at their November meeting.  Mr. Sunday stated that he believes everything has been completed and the plan is moving forward.

 

Motion:           Chairman Lambert made a motion to accept the time extension for the Michael Sunday Land Development Plan until December 31, 2006.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

4.  Letter of Credit for Foxwood Estates Subdivision

A letter had been received from Adams County National Bank regarding the status of the Letter of Credit for Foxwood Estates.

 

Motion:           Chairman Lambert made a motion to authorize KPI Technology to review this request.   Seconded by Supervisor Shambaugh.   Supervisor Decker questioned whether or not Solicitor Schorpp should also review this.  Solicitor Schorpp stated only after KPI’s review should he review this.    The motion carried unanimously.

 

5.  Kensington Manor, Preliminary Plan

The revised plan proposes a subdivision of 9 lots to be used for single family dwellings along Scotch Pine Road and Capitol Hill Road.  This plan was before the Planning Commission which received a recommendation of approval.  It is noted that this subdivision plan has gone from 21 lots to 9 lots. The revised water feasibility report will need to be reviewed by KPI.   It was  noted  the Erosion Control Plan and NPDES permits and the evidence of wetlands encroachment or other USAC/DEP permits will be applied for after making sure the plan is acceptable with the Township as submitted.  There was discussion on the waiver requests as noted on the front sheet of the plan – Lot #1 regarding the width to depth ratio and regarding the lot size of Lots 2 & 8.  The stormwater management would conform to the building permit applications and a note should be placed on Sheet 3.  Engineer Knoebel gave a follow up regarding the outstanding comments, the water feasibility study and the recommendations of the Planning Commission.  There was discussion on the wetlands regarding the driveways for Lots 5 & 7. 

 

Motion:           Supervisor Shambaugh made a motion to grant the 2 waivers on the depth to width ratio and the reduction of Lots 2 & 8.  Seconded by Chairman Lambert.  The motion carried unanimously.

 

Motion:           Supervisor Shambaugh made a motion to approve Kensington Manor, Preliminary Subdivision Plan with the outstanding comments from KPI dated September 29, 2006.  Seconded by Chairman Lambert.  Solicitor Schorpp asked if the engineer for the applicant accepts these conditions and it was noted that they do.  The motion carried unanimously.

 

6.  William Eichelberger, Land Development Plan

Engineer Knoebel stated that a final land development plan has been submitted to the Township for William Eichelberger of 1294 South Mountain Road and a review of a planning exemption was done.   Although the plans meet the criteria for a planning exemption, it should be noted that the plan show the proposed driveway on the east side of the existing home.  This is where the current on-site sewerage system for the existing home is located and it would appear that construction of the new driveway would damage the existing on-site sewerage system.   Prior to final plan approval and construction of the proposed driveway, the Township should consider having Mr. Eichelberger install a new on-site sewerage system for the existing home.

 

There was discussion on the back-up testing that was done and that either the new system be installed or bonding for the new sewerage system prior to final approval.

 

Motion:           Supervisor Shambaugh made a motion to approve the planning exemption for William Eichelberger.  Seconded by Chairman Lambert.  The motion carried unanimously.

 

7.  Joseph Rudy, Sketch Plan

Mr. Rudy presented his sketch plan to the Board of Supervisors and noted that this was before the Planning Commission, which they suggested he bring this to the Supervisors to get guidance.  The minimum requirement is a 1-acre lot and the existing lot is under ½ acre.  It was noted that this lot has 2 roads along the property line with one being a state road.  There was discussion on the need to go to the future Zoning Hearing Board or get a waiver from the Board of Supervisors.  Solicitor Schorpp indicated that Mr. Rudy needs a minimum width waiver since 150’ is required.  It was questioned how it is currently deeded.  It was noted at the right-of-way line there is approximately 165’.  Chairman Lambert noted that the lot is already in use and there is no where to go.  Solicitor Schorpp stated the issue is compounded with the pending zoning ordinance and that it would have to go to the Zoning Hearing Board because the ordinance has already been advertised.  Solicitor Schorpp indicated that Mr. Rudy needs both the waiver requirement from SALDO and a variance from the Zoning Hearing Board because this is a hardship.  Supervisor Decker stated that she was at DAA and Ms. Price from Carroll Township indicated that a subdivision plan was submitted the day before they adopted an ordinance change and it was accepted.

 

Motion:           Supervisor Shambaugh made a motion to grant the waiver request from SALDO on the minimum lot size.  Seconded by Chairman Lambert.  Solicitor Schorpp stated that for the record it is Section 514.c of the SALDO.   Mr. Rudy asked about the timeline.   Solicitor Schorpp tried to clarify this issue, it was noted that no plan has been filed with the Township and under the MPC if a plan is filed it is to be considered under the land use regulations and Mr. Rudy may or may not have to go through the Zoning Hearing Board.   The motion carried unanimously.

 

REPORTS

Engineer

1.  Lot 8, Foxwood Estates

Engineer Knoebel stated that he wants to bring a situation to the Supervisors attention, but there probably is no requirement for action to be taken.  The property owner has been to the Planning Commission 2 times and has been calling his office.  When the Foxwood Development was originally subdivided  it was approved for denitrification systems and the planning module was approved.  DEP then stated that they are no longer approving the denitrification systems.   Mr. Fox then amended his planning module and subdivision plan to make the lots larger in order to conform.  There were 2 lots in this subdivision that were not part of the amended planning module and Lot 8 is one of them.  Lot 8 is a 1-acre lot.   There is a condition with these lots that DEP has to give approval for the denitrification system and they will not do that and the SEO is also denying the permit.  This background information has been given to the property owner.

 

Mr. Barnes stated that less than 30-days after he bought this lot DEP gave the ruling of no denitrification systems and he did not find out for more than a year.  He was getting ready to build since his lot was “previously approved”.  He had contacted Carrie Wilt at DEP and she indicated that it is okay to build on that lot.  There was discussion regarding a ground water easement.  Chairman Lambert asked if Mr. Barnes had contacted Mr. Fox regarding this situation.  It was noted he did not.  The reason Mr. Fox did not include the 2 lots in the amended subdivision was because they were already sold.  It was noted that a hydrogeologic study would need to be done in order to re-do the planning module.  Supervisor Decker noted that there is a peat moss system that is acceptable.  There is an agreement within the planning module but the denitrification system would need periodic monitoring.  Mr. Barnes indicated that he did seek legal advice but found out that the attorney also represents Mr. Fox.

 

Chairman Lambert indicated that this should go through the SEO and have him deny the permit.  Solicitor Schorpp stated that thinking this through the Township cannot deny until the SEO denies the application.

 

2.  Bob Ruth

There was discussion on the pipes installed on the Bob Ruth property and if the pipes were in violation of his land development plan.  It was questioned whether another stormwater management plan is required or another land development plan.  It was noted that this should be investigated.

 

Motion:           Supervisor Decker made a motion to have Engineer Knoebel investigate the Bob Ruth property regarding the pipe to see if he is in violation or if any changes have been made to the approved land development plan.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

 

3.  Mountain Road

Supervisor Decker noted that a sewage permit has been issued to Paige Shumaker who owns a lot along Mountain Road and there is a concern from the Park & Recreation Board that the sewage crosses where the water flows to the stream in Ponderosa Park.  There is also a spring close by.  It was noted that this is permitted and that a pipe could be installed crossing a stream.  Another area of concern is the driveway and water coming down and going across the road.  It was noted that Mountain Road is a state road.  There was discussion on a stormwater plan and this would be noted at the time of the building permit application.  If this would be a concern then Mr. Fahey would notify the Supervisors.

 

Solicitor

1.  Robert & Shirley McDermitt Deed

Solicitor Schorpp indicated that Mr. McDermitt had given him a signed copy of a Deed of Consolidation to eliminate the lot lines between the adjoining tracts and to make it 1 parcel.  Under the Township’s ordinance and the MPC this is considered a reverse subdivision.  The question is whether the Supervisors would be inclined to waive the subdivision plan and accept the deed that places the 3 lots into 1 boundary.  Solicitor Schorpp indicated that he is satisfied with the Deed of Consolidation.  This deeds needs to be recorded.

 

Motion:           Chairman Lambert made a motion to waive the subdivision plan and that the consolidation deed be recorded.  Seconded by Supervisor Brown.  It was noted that if a letter is necessary conveying these lots the Township will write the letter.  It was noted that a letter is needed.  The motion carried unanimously.

 

Building Permit Officer

Mr. Fahey submitted his report.  Mr. Fahey indicated regarding the Shumaker property the driveway permit is for a shared driveway.

 

Under old business the property at 121 Whiskey Spring Road is out of compliance.  A preliminary on-site meeting with the property owner, Mr. Shelly, and Mr. Fahey did occur for an inspection of the property.  All work will cease until the owner submits his building plans for review and meets all of the UCC requirements.  It was noted if Engineer Knoebel could determine whether or not a land development plan is required.

 

Under new business the property at 179 Tuckahoe Road regarding the pole building has been resolved.  An old issue that Mr. Fahey has a concern with is the number of driveways permitted on one property.  It was in the draft zoning ordinance allowing 2 driveways per property and then it was removed.  Solicitor Schorpp stated that the Township does have a driveway ordinance and that stands as is.

 

Supervisor Decker questioned the letter from Schrack & Linsenbach regarding the address of the Broden property on Meadow View Drive.  It was noted that that is being taken care of.

 

Roadmaster

Supervisor Shambaugh noted that the Roadmaster’s report has been submitted.  It was noted that the Roadmaster is requesting to purchase a few items:  a plate tamper at a cost of $2,895.00 which is used for road work and would be cost effective; for the 2 F-550 trucks 8 new tires at a cost of $1,560.00; 1 pole saw for a cost of $410.00.  It was noted that there is money to purchase these items.   Another item which is outside of purchasing is that there are 4 or 6 oak boards the Township has that a neighboring township, Latimore Township, would like to use on a bridge.  Supervisor Decker noted that she is not against Latimore Township but the boards could maybe be used at Ponderosa Park because there are some bridges that will be built there.   It was noted that the Roadmaster should be at the budget meeting.

 

Motion:           Chairman Lambert made a motion to authorize the Roadmaster to purchase the tires, saw and tamper at a cost of $4,865.00.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Park & Recreation

Supervisor Decker noted that the Park & Recreation Board held their meeting on Tuesday, October 17th but before going into her report she stated that there is a special guest here tonight.

 

1.  Ben Mummert, Sign for Ponderosa Park

Ben Mummert introduced himself and stated that he is the Boy Scout that made the sign for Ponderosa Park and it is now completed and it is to be handed over to the Supervisors.  Mr. Mummert noted the sign is not painted and after research found that it should be a year before the painting is done, that way the paint will adhere to the sign.  The colors of the sign will be brown and white which is similar to the sign at Century Lane Park.  The sign is 5’ x 8’ and he also has the receipts totaling $47.49.

 

At this time Chairman Lambert recessed the meeting at 8:28 p.m.

The meeting reconvened at 8:35 p.m.

 

Supervisor Decker noted concern regarding the playground equipment for Ponderosa Park.  Also Supervisor Decker indicated that she will get in touch with Beth Helterbran from DEP regarding the $16,000.00 spent that may be eligible for payment and to discuss the master plan.  A memorandum had been received from Trevor Zahniser regarding the timetable for installation of the playground equipment.

 

A duplication in reservations for the pavilions at Century Lane Park occurred the weekend of October 7th and the Township will offer a refund to the party renting the pavilion.  This occurred during the Soccer tournament and an apology will also be given.  Supervisor Decker stated that she did call the Soccer Club and apologized to them.  The last item was if Chairman Lambert could call the NYRPD to see if they could tour around Ponderosa Park after dark as it seems that cars are coming and going.

 

Supervisor Brown indicated that someone from Lacrosse was to be present tonight, but it is noted that there is no one here.

 

OLD BUSINESS

At this time there was no Old Business to discuss

 

NEW BUSINESS

1.  Copier Lease

There were 3 quotes submitted for a new copier.  After reviewing the quotes Lanier is the lowest at a cost of $116.63 per month at fair market value for a lease of 36 months.

 

Motion:           Chairman Lambert made a motion to approve the lease quote from Lanier at a cost of $116.62 per month.  Seconded by Supervisor Shambaugh.  Supervisor Brown questioned whether the service plan was included with the lease amount or if it was separate and the cost of copies.  After discussion it was noted that this should be verified if the service agreement is included with the lease or if it is with the purchase of the copier only.   This should be verified by Monday so the Supervisors can act on this at their budget meeting.

 

Chairman Lambert rescinded his motion and Supervisor Shambaugh rescinded his second.

 

 

 

2.  Resolution Opposing Statewide Cable Franchising Legislation in PA

Chairman Lambert noted that the Township is currently operating under the Adelphia contract which will run out in December 2007.  Chairman Lambert contacted Comcast and spoke to Todd Eachus and was informed that Comcast will be sending out a new contract in the future which is negotiable.  A question was raised about service in the Township and when the new contract is considered this question will be asked.

 

3.  Resolution for West Shore Tax Bureau, 2007 Operating Budget

Correspondence had been received from the West Shore Tax Bureau regarding the Resolution for their 2007 operating budget.  Chairman Lambert noted that he had a problem with the payroll and employee benefits.

 

Motion:           Chairman Lambert made a motion to adopt the West Shore Tax Bureau 2007 Operating Budget by Resolution #7-2006.  Seconded by Supervisor Brown.  The motion carried unanimously.

 

Solicitor Schorpp indicated that another Resolution needs to be adopted to appoint West Shore Tax Bureau to collect the taxes and name a representative and alternate.

 

Motion:           Supervisor Shambaugh made a motion to adopt Resolution #8-2006 to appoint West Shore Tax Bureau to collect the taxes for Franklin Township and to name the representative and alternate.  Chairman Lambert was appointed as the representative and Supervisor Shambaugh was appointed alternate representative.  Seconded by Chairman Lambert.  The motion carried unanimously.

 

4.  Winterize Recycling Building, EMS Office

Chairman Lambert noted that this is on the priority list and he suggested that maybe an 8’ x 8’ frame-in by the back wall with an electric heater.  During the winter months the recycling building can get very cold and this would help to keep them warm.  Another suggestion was to install plastic drapes across the front door.  Supervisor Decker indicated that the 8’ x 8’ enclosure may interfere with them working.  Supervisor Shambaugh also noted that the Township could investigate a recycling grant.  Supervisor Decker noted that the Township should ask the volunteer how they operate and should receive input.

 

Motion:           Supervisor Shambaugh made a motion to have the Roadmaster acquire weather curtains for the recycling center.  Seconded by Chairman Lambert.  The motion carried unanimously.

 

Chairman Lambert mentioned a meeting coming up on the Northern York Region Comprehensive Plan with York County Planning Commission to be held on October 27, 2009 beginning at 10:30 a.m. at the Franklintown Fire Hall.  This is an informational, informal planning discussion.  It was noted that the invitation will be coming from Randy Beck and someone from the Township should attend as the Township may or may not have to change their ordinance and consistency of municipal ordinances with the plan.  Supervisor Decker stated that she understood Diane Price arranged this meeting.  Also discussed was if some type of advertisement needs to be done.  Solicitor Schorpp stated under the Sunshine Law if a quorum of the Supervisors attends there should be an advertisement or the other option is to not have a quorum.   Supervisor Brown and Decker indicated that they will attend this meeting.

 

5.  Board Policy

Supervisor Decker questioned what the Board policy is for correspondence.  The decision regarding the letter to be sent to Carroll Township supporting their grant with the recommendation of contributing $500.00 and manpower and in a packet she received she noticed that Supervisor Brown had changed the letter the Secretary had written. Supervisor Decker also stated the corrected letter references future monetary contributions to Carroll Township which misrepresents the Boards action.  Chairman Lambert noted that Carroll Township sent a letter to Franklin Township supporting their grant and would help with in-kind service.

 

6.  Schedule Post Public Hearing Meeting on Zoning Ordinance

There was discussion on what date the Supervisors wish to schedule another zoning workshop to address the comments from the Public Hearing.  It was suggested that this meeting be held during the day at 11:00 a.m. on either November 13th or 9th.  Solicitor Schorpp indicated that he will have to check his schedule.

 

CORRESPONDENCE

There was no correspondence to discuss at this time.

 

PUBLIC COMMENT

Mr. Wayne Kober spoke regarding the Route 15 Safety Committee.  On September 27th there was a public meeting between York and Adams Counties.  There are notes of the meeting which have been submitted to the Township.  Mr. Kober indicated that he had a conversation with Will Clark of the YCPC and he will put together a scope of work and cost by the end of October.  It was suggested that Carroll Township be contacted because of the intersection with Range End Road.  Mr. Kober noted that he is on the agenda for Carroll Township’s November 13th meeting.  It was also noted that there should be interaction with other municipalities, get letter of support and hopefully submit the application to PennDOT by the deadline.  It was noted that this is for the health and safety of the Township residents.  It was also noted that the number of households could double in size within the next 10 years.

 

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 AND PAYMENT OF BILLS

Chairman Lambert questioned the amount of the Platinum Plus credit card and why there are late fees and a finance charge.  Also questioned was the bill from Wilson Paving.  Supervisor Shambaugh indicated that the Township should hold off buying the tamper until it is investigated further.  It was noted that Phyllis Emlet should check into the credit card before the budget meeting.

 

Motion:           Chairman Lambert made a motion to approve the bills for payment.  Seconded by Supervisor Shambaugh.  Supervisor Decker indicated with the SEO bills regarding the planning modules and soil testing done that there should be copies at the Township.  Supervisor Shambaugh noted in the monthly bills from the SEO it should note what each item has been done.  The motion carried unanimously.

 

ADJOURNMENT

Motion:           Supervisor Shambaugh made a motion to adjourn the meeting at 9:22 p.m.  Seconded by Supervisor Brown.  The motion carried unanimously.

 

Respectfully submitted,

 

 

 

Nancy E. Zentmeyer

Township Secretary