BOARD OF
SUPERVISORS
REGULAR MEETING
CALL TO ORDER
Chairman Lambert called the
meeting to order at
ROLL CALL
Present were Supervisors Larry Lambert, Donald Lerew, Naomi Decker, John Shambaugh 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 Vice Chairman Lerew gave the opening prayer.
APPROVAL OF MINUTES
1. Board of Supervisors Regular Meeting –
Motion: Supervisor Shambaugh made a motion to
approve the minutes of
2. Board of Supervisors Public Hearing of the
Proposed Zoning Ordinance –
Motion: Chairman Lambert made a motion to
approve the minutes of
AGENDA AMENDMENTS
Chairman Lambert asked if any of the Supervisors had any amendments to the agenda. Vice Chairman Lerew stated that under New Business after the vote on the Proposed Zoning Ordinance he would like to discuss the amendments. Supervisor Brown indicated that he would like to make comments of NYCFS Community Center which will done under Public Comment and Supervisor Shambaugh noted a couple of items he will bring up during the Roadmaster’s Report.
ORGANIZATION REPORTS
1. Police – Chairman Lambert indicated that
there is no report at this time as the Police meeting is scheduled for
2. Fire – Chief Richard Blouch from
Franklintown Fire Company was present to give a report. For the month of October there were a total
of 36 calls in
Citizens Hose Co. #1 did not submit a report.
3.
4. DAA – There was no report submitted at this time.
5. Emergency Management – There was no report submitted at this time.
6. Zoning Committee – There was no report submitted at this time. Mr. Wayne Kober stated that he would like to bring the Supervisors up-to-date on the Route 15 Safety Committee. It was noted that this will be discussed under Old Business.
SUBDIVISION AND LAND
DEVELOPMENT
1.
Mr. James Strupe from Alpha
Consulting Engineers was present to represent this plan. A time extension has been granted until
Motion: Chairman Lambert made a motion to
accept the time extension for Derby Farms Preliminary Subdivision Plan until
Engineer Knoebel indicated that the Traffic Impact Study is being reviewed by their traffic consultant and this will be going back to the Planning Commission. Mr. Strupe noted that the Supervisors had denied a couple of waivers until this traffic study is reviewed.
2. William Eichelberger,
Motion: Chairman Lambert made a motion to
accept the time extension for the William Eichelberger, Final Land Development
Plan until
3.
A time extension has been granted
until
Motion: Chairman Lambert made a motion to
accept the time extension for Lynn & Barbara Paxton, Final Subdivision Plan
until
4. Quality Greenhouses,
It was noted that a letter had been received requesting that this plan be tabled until the December Board of Supervisors meeting.
Motion: Chairman Lambert made a motion to table the Quality Greenhouses, Final Land Development Plan until the December Board of Supervisors meeting. Seconded by Supervisor Shambaugh. The motion carried unanimously.
5. Apple Blossom Estates, Sewage Module
Mr. Eric Johnston from Johnston & Associates was present to represent this plan. As stated this plan is not approved but there is capacity reserved. There is a conditional agreement with DAA. The Board of Supervisors did deny the sewage module previously. Mr. Johnston noted that he has been working with DEP over the past 6 months and also with the DAA and Engineer Knoebel. Submitted to the Township was the module completed by DAA as noted in the Engineer’s memorandum dated November 16, 2006 referring to comment #3. Mr. Johnston noted that in conversations with DEP it is the hopes that the Township will adopt this sewage module in its present form which will allow it to go into DEP’s hands. It was also noted that for the past 15 months Apple Blossom Estates has been reserving capacity.
Solicitor Schorpp noted that there should be no final plan approval until these permits are in hand. There was discussion on the EDU approval and it was noted that if only a portion of the EDU’s were available the plan could be done in phases.
Attorney Robert Katherman, who represents the property owner, asked if they could receive a sense from the Board for this in order to get final plan approval. Engineer Knoebel stated that they could not as there is a series of comments that need to be addressed pertaining to the conditional preliminary approval.
It was noted that in the event this cannot be acted on tonight the applicant will submit a phased plan based on the EDU’s available. The applicant would also put in writing what the Solicitor requests and the comments from the Engineer in order to move forward. Supervisor Decker questioned the mining report in regards to this plan. Engineer Knoebel indicated that the mining report is part of the list of comments. Mr. Johnston asked for input on Component 4A and this be adopted tonight and for not to go back through the Planning Commission. Engineer Knoebel noted that the responses reviewed by the Planning Commission are limited to zoning, comprehensive plan aspects with the comments listed under comment #4 of the Engineer’s memorandum. The Planning Commission action is to authorize the signature to their Chairman. It was noted that there is 60-days to act on this and there will be time for the Planning Commission to review and for it to come back to the Board of Supervisors action at their December meeting.
There was discussion on not overriding the Planning Commission and that this should go back to them for review. Supervisor Shambaugh stated that 3 or 4 months ago the Township rejected the module and told the applicant to proceed with a private request. Mr. Johnston stated that they did what was asked by the Board and that DEP does not want to issue any type of order to the Board of Supervisors and that the normal routine is for the Board of Supervisors to adopt the module and then have DEP and DAA figure it out. Solicitor Schorpp indicated that the plan would not get final approval without the approved EDU’s in hand. Engineer Knoebel said the module narrative should explain how this would work.
Chairman Lambert stated that they are sticking with protocol and sending this back to the Planning Commission and hopefully will take action on this at the December Board of Supervisors meeting. Solicitor Schorpp stated that the Board needs to take action to table this plan.
Motion: Supervisor Brown made a motion to table the Apple Blossom Estates Sewage Module and to refer it back to the Planning Commission. Seconded by Chairman Lambert. The motion carried unanimously.
REPORTS
Engineer
Engineer Knoebel noted that he does not have anything to report at this time.
Supervisor Decker suggested that the Solicitor talk with Sheldon Williams of DAA and that there is an understanding about the conditions.
Solicitor
Solicitor Schorpp noted that he has read the Planning Commission minutes and it seems that they are expecting an opinion of the Pearlman plan. Solicitor Schorpp indicated that the Board of Supervisors has not authorized him to proceed with this. It was noted that the Planning Commission should take action on this plan and note their concerns and then pass the plan on to the Board of Supervisors. Engineer Knoebel noted that the Solicitor is correct in that the Planning Commission is looking for some type of input on some of their questions. It was questioned how much of this plan is township business and civil.
Motion: Chairman Lambert made a motion to
authorize the Solicitor in his capacity to work on this plan. It was noted that the Planning Commission
should be notified that they can act on this plan and pass their concerns to
the Board of Supervisors. No action is
needed.
Building Permit Officer
Mr. Fahey noted that a copy of
this report has been submitted and is on file at the Township office. Under old issues the property at
Roadmaster
Supervisor Shambaugh noted that a copy of this report has been submitted. Supervisor Shambaugh noted there were a few items he wanted to discuss with the Supervisors as follows:
1. PVC Curtain for Recycling Building
Supervisor Shambaugh noted that the Roadmaster had received 3 quotes for the PVC curtain to help winterize the recycling building. The low quote came from Baker Door Company at a price of $594.90 for installation.
Motion: Chairman Lambert made a motion to accept the quote from Baker Door Company at a price of $594.90. Seconded by Supervisor Shambaugh. The motion carried unanimously.
2. Scrap Metal
Supervisor Shambaugh noted that
the highway department is currently using parts from the old mower and they are
requesting that the parts not used and some old road signs be taken to
Motion: Supervisor Shambaugh made a motion to authorize the highway department to take the scrape metal from the mower and signs and the money to be deposited in the General Fund for the use of purchasing safety apparel. Seconded by Vice Chairman Lerew. The motion carried unanimously.
3.
Supervisor Shambaugh noted that a
request had been discussed last month regarding the oak boards the Township has
that
Motion: Chairman Lambert made a motion to
give the lumber to
Park & Recreation
Supervisor Decker noted that the
Park & Recreation Board meeting will be held next Tuesday, November 21st. Supervisor Decker noted that she did apply
for partial payment for the
OLD BUSINESS
1. Route 15 Access Corridor Study
Mr. Wayne Kober presented an
update to the Board of Supervisors on the Route 15 Study. A preliminary scope of the work from PennDOT
has a total cost of $97,462.75. There
was discussion on a consultant for traffic analysis for future funding. It was noted that the
Motion: Chairman Lambert made a motion to issue a letter of support for the Route 15 Study. Seconded by Vice Chairman Lerew. The motion carried unanimously.
It was noted that the next step
is to go back to
NEW BUSINESS
1. TruGreen ChemLawn 2007 Service Agreement
The Township has received the
2007 Service Agreement to treat
Motion: Chairman Lambert made a motion to accept the 2007 Service Agreement from TruGreen ChemLawn and that the Township pre-pay to receive a 5% discount. Seconded by Vice Chairman Lerew. The motion carried unanimously.
2. Humane Society 2007 Animal Protection Service Agreement
Chairman Lambert noted that the prices are the same as last year with the same coverage. It was noted that the Township make a one-time payment due by March 31, 2006 of $1,500.00 and agree to emergency service provided at a charge of $65.00 per call.
Motion: Chairman Lambert made a motion to accept the West Shore Humane Society 2007 Animal Protection Service Agreement with the same coverage and prices as stated in the agreement. Seconded by Supervisor Shambaugh. The motion carried unanimously.
3. Set Date to Advertise 2007 Budget
It was noted that a date needs to be set to advertise the 2007 Township Budget. With the holiday weekend coming up if the Budget is to be advertised next week it needs to be sent in by November 20th since the Banner is be published on the 22nd instead of the 23rd.
Motion: Chairman Lambert made a motion to
advertise the 2007 Township Budget for display on
4. Adoption of Proposed Zoning Ordinance
Chairman Lambert indicated that there has been approximately 20 meetings on the Zoning, the public hearing was held, and the Planning Commission has approved this ordinance. Chairman Lambert urged to approve this ordinance and to have the amendments ready for action at next month’s meeting.
Motion: Supervisor Shambaugh made a motion to approve the Zoning Ordinance. Seconded by Supervisor Brown. Supervisor Decker read the following:
“I am reading this statement into the record to become a part of the recorded minutes and not as an attachment to the minutes.
This zoning has had questionable procedural difficulties from its inception.
On
At the
Failure to follow the County procedure guidelines eliminated the ability to apply for any Community Block Grant money to prepare the zoning ordinance.
At the
At a zoning workshop on
Two individual stake holders from the Mixed Uses area were invited to attend several zoning workshops while special personal invitation was not extended to all residents.
At the Public Hearing on
At a post hearing zoning
workshop,
Corrections and changes would be made by amendments after the adoption of the ordinance.
Now we have one Supervisor whose assurance was given to do the amendments with a “for sale” sign on his property. What assurance does that give the populace that these amendments will ever take place.
Here we are, ready to vote on a zoning ordinance with a lengthy list of amendments awaiting writing and adoption. In the interim we will have we will have a zoning ordinance that we acknowledge has many known flaws prior to adoption.
This zoning planning process began with questionable procedure and is ending with questionable procedure.
We can only wonder about its administration. Respectfully submitted.”
Chairman Lambert stated that the comments from YCPC are advisory only.
The following roll call vote was taken: Supervisor Decker – Opposed; Vice Chairman Lerew – Yes; Supervisor Brown – Yes; Chairman Lambert – Yes; and Supervisor Shambaugh – Yes. The motion carried.
Vice Chairman Lerew asked if the amendments can be done at this meeting. Chairman Lambert stated that Solicitor Schorpp has the list of amendments having to do with verbiage, non-conforming lots, etc and will have the amended ordinance at next month’s meeting. Chairman Lambert thanked all of the residents for being at the Public Hearing and giving their input.
Mrs. Miller of
Supervisor Brown passed out a worksheet noting the items that need to be addressed since the zoning ordinance has been adopted. The following items are as listed:
Near term efforts (60-90 days):
- form a committee to develop consistency among and to implement:
1. zoning amendments
2. joint Comprehensive Plan amendments
3. Official Map adoption
4. SALDO amendments
- immediate amendments to the Zoning Ordinance
- hire a Zoning Officer
- appoint a Zoning Hearing Board and alternates by resolution
(1 5-year term; 1 4-year term; 1 3-year term; 1 2-year term; 1 1-year term)
- appoint counsel to Zoning Hearing Board
Solicitor Schorpp indicated that the Zoning Hearing Board chooses their counsel.
Medium term efforts (90-120 days):
- modification to joint Comprehensive Plan
- adopt an Official Map
(integrate Route 15 intersection safety improvements)
- amendments that may be necessary to Zoning Ordinance for consistency
Long term efforts (6 – 9 months)
- SALDO updates
Even longer term efforts (18 to 24 months):
- complete Route 15 Access Corridor Study in conjunction with neighboring municipalities
Supervisor Brown stated that the Supervisors should talk about this next month in detail about how they want to do this.
Kathleen Gingrich indicated that she had reviewed the YCPC comments and there were a sufficient number of issues and questioned if they would be a constitutional challenge with phrases such as “not enforceable”. These issues should be addressed and concurred with Mrs. Miller on using taxpayers dollars.
5. Residential Recreation Fees
The surrounding municipalities
were polled to see what they charge for residential recreation fees. Those fees are between $2,000.00 and
$1,000.00 with
6. Computers
Supervisor Brown noted that he has been looking into computers and what should be purchased. Currently Dell Computers has the State contract. The Township is looking at basic computers and the software based on the information Mr. Ron Stevens had put together. Some of the software Supervisor Brown is looking at is 1 copy of Office Pro, 3 copies of Office Regular, Share Point (which is new front page) etc. The estimated cost of the software is between $1,100.00 and $1,200.00. It was suggested that the Township wait until January to purchase any new computers. The hardware is estimated to cost around $1,000.00. per computer with a 19” monitor. It was noted that there is money in the budget to purchase 2 computers first but with the hiring of a Zoning Officer and replacing the Roadmaster’s computer 4 computers would be needed in all. There was discussion on possible training through PSATS on different software. Supervisor Brown stated that he would continue to look into this. It was noted that GIS may be another feature the Township would want to purchase in the future. With Arc View this would be a good tool for the Building Permit Officer. There were no estimates on the cost.
CORRESPONDENCE
There was no correspondence to discuss at this time.
PUBLIC COMMENT
Supervisor Shambaugh noted that
he had a couple of items for discussion.
There is GIS training that he would like to attend. It is PSATS training to be held on
Supervisor Brown gave an update on some upcoming events being held at the Community Center with the movie file series, Red Cross babysitting classes, Boyd’s Bear Bingo etc. It was noted that there has been some problems with the school district opening the center for the events. This is being worked out with the school district.
TREASURER’S REPORT
1. CD Account, Renewal
Chairman Lambert noted that one the Township’s CD is up for renewal which is not up for automatic renewal.
Motion: Chairman Lambert made a motion to renew the CD through M&T Bank and to have it automatically renewed at the current interest rate. Seconded by Vice Chairman Lerew. The motion carried unanimously.
Motion: Chairman Lambert made a motion to accept the Treasurer’s Report as submitted. Seconded by Supervisor Shambaugh. There was discussion on the Volunteer Fire Relief Association with the monies being given. It was noted that there is no issue on this. The issue in question was the donation to Franklintown Fire Co. and this is being worked out. The motion carried unanimously.
APPROVAL AND PAYMENT OF BILLS
Supervisor Decker noted under the Recreation Fund the bill for Associated Products will be paid by the Township and then reimbursed by the Soccer Club for the port-a-potties used during the soccer tournament. The water testing bill was questioned and Supervisor Decker indicated that was for an education trip for the Roadmaster for the light and other items he can do himself. Chairman Lambert questioned bill for a chain and saw. Supervisor Shambaugh indicated these purchases were approved.
Motion: Chairman Lambert made a motion to approve the bills with the exception of the bill for the chain and saw until this is looked into. Seconded by Supervisor Shambaugh.
It was suggested that this be taken out of the State Highway Fund. This will be checked into.
Motion: Chairman Lambert amended the motion to approve the bills as submitted. Seconded by Supervisor Shambaugh. The motion carried with Supervisor Decker opposing to the zoning portion of KPI’s bill.
EXECUTIVE SESSION
Chairman Lambert noted that they will be going into Executive Session at this time. No action is to be taken.
ADJOURNMENT
Motion: Supervisor Brown made a motion to
adjourn the meeting at
Respectfully submitted,
Nancy E. Zentmeyer
Township Secretary