BOARD OF
SUPERVISORS
REGULAR MEETING
CALL TO ORDER
Chairman Lambert called the
meeting to order at
ROLL CALL
Present were Supervisors Larry Lambert, John Shambaugh, Donald Lerew, and Naomi Decker. Also present were Engineer Timothy Knoebel, Solicitor Edward Schorpp, and Secretary Nancy Zentmeyer. Visitors and guests are on the attached sign-in sheets.
PLEDGE OF ALLEGIANCE AND PRAYER
Chairman Lambert led the Pledge of Allegiance and Vice Chairman Lerew gave the opening prayer.
BID OPENINGS
Road Paving Bid
The bidders are as follows: Wilson Paving, Hempt Bros., Pennsy Supply, and Kinsley Construction.
The bids are for the 2006 Road Paving Project of Chain Saw Road of 1,080 tons of 19mm Superpave Wearing, 0<0.3m ESAL’s PG 64-22, SRL (L).
Bidder Unit Price Total Price
Hempt Bros. $58.85 $63,558.00
Pennsy Supply $48.64 $52,531.20
Kinsley Construction $50.25 $54,270.00
Stone/Oil Bid
The bidders are as follows: Hammaker East, York Building Products and O-N Minerals.
The bid for CRS-2 oil at a quantity of 19,000 gallons more or less is as follows:
Bidder Price per Gallon Total Price
Hammaker East $2.00 $38,000.00
The bids for stones (various sizes) at a quantity of 4,000 tons more or less are as follows:
Bidder Stone Price
2 RC $ 8.20
#4 $10.45
#3-A $ 8.65
#3 Clean $10.45
#57 $10.45
#8 Washed $10.95
#9 No Bid
#10 $10.45
R-4 Rip Rap $13.70
R -5 Rip Rap $15.70
O-N Minerals 2A $ 8.45
2 RC $ 8.35
#4 $10.55
#3-A $ 8.45
#3 Clean $10.55
#57 $10.55
#8 Washed $11.20
#9 No Bid
#10 $10.35
R-4 Rip Rap $11.95
R-5 Rip Rap $15.40
Motion: Chairman Lambert made a motion to award the 2006 Road Paving Bid to Wilson Paving for the low bid of $50,166.00 and unit price of $46.45. Seconded by Vice Chairman Lerew. The motion carried unanimously.
Motion: Chairman Lambert made a motion to award the CRS-2 Oil Bid to Hammaker East at a cost of $38,000.00. Seconded by Supervisor Shambaugh. The motion carried unanimously.
Motion: Chairman Lambert made a motion to award the bid for
stones of various size to York Building Products at the prices indicated
above. Seconded by Supervisor
Decker. The motion carried with Supervisor
Shambaugh voting no.
After review of the bids submitted by Solicitor Schorpp, Chairman Lambert rescinded his motion and the following action was taken as follows:
Motion: Chairman Lambert made a motion to
award to O-N Minerals the following stones: #3-A, #10, R-4 Rip Rap and R-5 Rip
Rap at the prices indicated above and to York Building Products the following
stones: 2A, 2 RC, #4, #3 Clean, #57, and #8 Washed at the prices indicated
above. Seconded by Supervisor
Shambaugh. Supervisor Decker questioned
the stones being used on the same job and to award the bid to one bidder to
help coordinate the work. The motion
carried with Supervisor Decker opposing.
APPROVAL OF MINUTES
Motion: Chairman Lambert made a motion to
approve the
Motion: Supervisor Decker made a motion to
table the approval of the
AGENDA AMENDMENTS
Chairman Lambert asked if anyone had any agenda amendments. Supervisor Decker noted under Reports, Engineer #2 the letter from First Capital Engineering and #3 the letter from CET Engineering and also under Reports, Solicitor #2 Sunshine Law regarding Supervisor Brown’s question. Solicitor Schorpp indicated that his statement remains the same, that when a committee has a meeting under the Sunshine Law it needs to be advertised.
ORGANIZATION REPORTS
Police – Chairman Lambert noted the meeting was cancelled and there is no report.
Fire – No report was submitted.
DAA – No report was submitted.
Emergency Management – No report was submitted.
Zoning Committee – No report was submitted.
SUBDIVISION AND LAND
DEVELOPMENT
Apple Blossom Estates Final Subdivision, Sewage Planning Module & Time Extension
Mr. Eric Johnston was present to represent this plan. Mr. Johnston is requesting a Sewage Planning Module Component 4B be approved for the Apple Blossom Estates plan. There was discussion on whether the applicant has a signed agreement with DAA. It was noted that they do not, but Engineer Knoebel stated the applicant does have reservations agreement since DAA has not signed the module. It was noted that it is un-reasonable for the Board of Supervisors to adopt this without the DAA signature. DAA wants this decided by DEP and there is an option of submitting a private request if denied by the Board of Supervisors. Engineer Knoebel stated that DEP would consider a private request if the module is denied but not for the denial of an exemption but for the denial of a module.
Motion: Supervisor Shambaugh made a motion to deny the request for a Sewage Planning Module for Apple Blossom Estates since various components of the module have not been executed by DAA and that DEP would consider the denial of the module in submitting a private request. Seconded by Chairman Lambert. The motion carried unanimously.
Motion: Chairman Lambert made a motion to
accept the time extension for Apple Blossom Estates until
Mr. Eric Johnston was present to represent this plan. The time extension is necessary to address final traffic issues and final design of the off-site water extension. Mr. Johnston also noted that they are working with the adjoining developers.
Motion: Supervisor Shambaugh made a motion to
accept the time extension for Lexington Fields until
Michael Sunday Revised Land Development Plan & Time Extension
Mr. Eric Johnston was present to
represent this plan. It was noted that
the Planning Commission recommended denial of this plan due to the lack of
developer’s involvement. Mr. Johnston
indicated that he did respond to KPI’s comments in a
Motion: Chairman Lambert made a motion to
accept the time extension for Michael Sunday Revised Land Development Plan
until
Mr. Eric Johnston was present to represent this plan. It was noted that the time extension is necessary to continue development of expansion of the Franklintown Borough public water supply system.
Motion: Chairman Lambert made a motion to
accept the time extension for Sturbridge Place Preliminary Plan until
A time extension had been received from Hoover Engineering.
Motion: Chairman Lambert made a motion to
accept the time extension on the Baker & Deeds Land Development Plan until
Bob Ruth Property
Mr. Ruth was present to discuss what is being done to his property. Mr. Ruth indicated that he is cleaning up the wooded area and that he has received a letter from the Township Solicitor and YCCD. Engineer Knoebel noted his concerns and stated that the plan previously submitted showed the proposed work along with the maximum impervious coverage area. The Board of Supervisors had agreed for Mr. Ruth to proceed with what is noted on that plan. If it has exceeded the maximum impervious coverage limit then there is a possibility of a stormwater management plan being needed. It was noted that KPI did a site inspection and with a rough measurement it looks as if the parking lot has been extended by approximately 4,000 s.f. It was indicated that stones and fill have been added and that it may become part of the parking lot. It was suggested that a surveyor needs to locate the fill on this plan to show the previous and current lines.
Motion: Supervisor Decker made a motion that a surveyor should be contacted to locate the fill on the plan showing both previous and current lines of fill. Seconded by Chairman Lambert. Supervisor Shambaugh suggested that Mr. Ruth may want to discuss with a consultant to do another plan since there has been dumping of dirt to cover any future expansion instead of incrementally dumping dirt and submit the plan to the Township for approval. The motion carried unanimously.
Robert & Mary Edwards Land Development Plan, Re-approval
A re-approval of this plan is needed since the 90-day period expired on April 19th. Mr. Edwards is buying this property on a sales agreement and in order for the plan to get recorded the current owner needs to have her name on the plan and her signature notarized.
Motion: Chairman Lambert made a motion for a conditional re-approval of the Robert & Mary Edwards Land Development Plan based on getting the signature of the owner. Seconded by Supervisor Shambaugh. The motion carried unanimously.
REPORTS
Engineer
1. NPDES/MS4 Stormwater Permit Annual Report
Engineer Knoebel noted that this is an annual report which will be filed with DEP prior to the June 8th deadline. Supervisor Decker noted that MS4 is a special area and asked if the dumping of ash is acceptable because Mr. Sunday’s property is in MS4 and could the ash get into the water. Engineer Knoebel indicated that he would check into this. Supervisor Shambaugh indicated MS4 it monitors what comes out or the outfallls prior to entering the stream. This report is then submitted to DEP. Engineer Knoebel noted that they haven’t had to test all of the outfalls in the Township. It was suggested that the permit be checked and also the reporting requirements.
2. First Capital Engineering, Letter of
Supervisor Decker questioned this letter regarding a court decision that developers cannot force acceptance of a road within a subdivision as a public road and what project prompted this letter. Engineer Knoebel noted that some engineering firms mail out correspondence such as this. No action was taken.
3. CET Engineering Services, Letter of
Supervisor Decker indicated that
a letter had been received from CET to DAA regarding the minor extensions along
Solicitor
1.
Solicitor Schorpp indicated that
he had reviewed the subdivision ordinance along with the letter from RGS’s
attorney, Mr. John Mahoney. Solicitor
Schorpp agrees that the street in
had one access. That one access is where you enter and exit
the development at
Building Permit Officer
Mr. Brian Fahey was not present at this time.
Roadmaster
1. Jake Brakes
There was discussion on installing signs on Route 15 regarding the prohibited use of jake brakes. PennDOT needs to be contacted.
Motion: Supervisor Shambaugh made a motion to have the Township Solicitor start the process of writing an ordinance regarding the use of jake brakes within the Township along Route 15. Seconded by Chairman Lambert. Supervisor Decker questioned the need for more information from PennDOT before proceeding and spending money on the ordinance. The motion carried unanimously.
2.
A memo had been received from the
Roadmaster in regards to a driveway permit along
Motion: Supervisor Shambaugh made a motion to
send correspondence to
3. 62
The property owner did some changes to their existing driveway, with all of the work already being completed and with a second driveway also installed. After an inspection the Roadmaster noted the following: 1) second driveway is wider than the standard width for a residential driveway in the right-of-way; and 2) second driveway does not meet the PennDOT site visibility chart looking to the left or right sides. There was discussion on the site distance problem and there is also a curve in the road at this site. It was suggested that the brush be cut down and have the Roadmaster verify if the site distance meets PennDOT’s chart.
Motion: Chairman Lambert made a motion to not approve the second driveway until the Roadmaster does an inspection to verify the site distance after the brush is cut down and that a letter be sent to the property owner. Seconded by Supervisor Shambaugh. The motion carried unanimously.
Park & Recreation
1. Letter from Trina Shughart,
Ms. Shughart requested that there be discussion on the recreation plan. On March 13th she had contacted Supervisor Brown with questions on the plan. She asked what the width of the trail would be and it was indicated that the trail would be six feet wide. It was asked if this will be on both sides or on one side only, with it being noted one side only. It was asked what the estimated cost would be and there was no figure given. Supervisor Shambaugh noted that this “plan” does not call for the trail to go in and this is only a guide with no mandates to complete/build anything. It was noted that there should be something on paper exactly where everything will go and the vote should not be just from the Supervisors but a vote from everyone.
Solicitor Schorpp noted as point of order and matter of law under the Sunshine Law that speakers from the audience should identify themselves for the record.
Brad Pealer with CCSG questioned the upkeep, financial gain, liability and maintenance of the trails.
Lisa Ammons,
Supervisor Decker stated that she had checked with PSATS and the Township Solicitor and there are only certain items that can be placed on a referendum and this is one issue that cannot be placed, but a survey can be done. Supervisor Decker also stated that she received new information about another Township with a similar situation and it was placed on a referendum, but she will continue to check into this.
Mrs. Novesal, 180 Century Lane stated that besides the medical liability she has a bee farm and is concerned if someone is hurt from the bees or damage to the bee hives.
Deana Weaver from CCSG noted that she has spent the last 5 days reviewing this plan and has submit to DCNR 34 comments showing deficiencies, maps missing, agreement is missing, etc. In Appendix F it indicates the positions needed. Also in the plan it states to provide for safe, secure areas and this would mean the hiring of more police to patrol these areas. A grant will be submitted to DCNR in order to hire the Director which will pay the initial cost of a director but disappears in a few years.
It was asked if dogs and horses would be on the trails and who will clean-up after them.
Chairman Lambert stated that the representation of this plan, such as letters, flyers in the mailboxes is upsetting the older residents.
Anna Bassler of
John Collins,
Supervisor Shambaugh stated that the residents have to understand that local government has restrictions but also has the right to approve such plans. This is only a guide.
Doug Wardrope,
Tami Hershey,
Mr. Stevens indicated that this
plan is not a 30 year plan but a 10 year plan.
Again the issue that in 2002 the Board of Supervisors voted to opt out,
and since they did not have input into this plan who filled in the trails in
Attorney Thomas Miller spoke
indicating that he does not live in the Township but represents people that do
own land, approximately 275 acres with 4 residences. The problem is that this started with
Chairman Lambert asked Solicitor Schorpp the rules on the liability. Solicitor Schorpp noted that there are specific situations and until he has those in front of him he cannot give a direct answer.
Supervisor Decker read paragraphs 2 and 3 from Solicitor Schorpp’s March 30th letter regarding this plan. This portion of Solicitor Schorpp’s letter is attached to the minutes.
Supervisor Decker noted that she has paper work of this plan that went to DCNR for their review in the summer of 2005. DCNR had a list of 23 comments from their review. When Ms. Holbert was here previously Supervisor Decker questioned the focus group of 52 people. DCNR indicates that on the grant application it gives the focus group’s point of view but where is the public input.
Chairman Lambert also read
paragraph 1 from Solicitor Schorpp’s letter and added that he will contact
Ms. Shughart asked if the Supervisors would consider a vote/survey of the Township residents. Solicitor Schorpp noted that the Board of Supervisors has not asked him to research this as specific statutory authorization is needed. Solicitor Schorpp also indicated that his answer to Supervisor Decker regarding putting this on as referendum. The other Township Supervisor Decker was talking about had a referendum regarding open space by use of a tax levy.
Mr. Stevens said the public needs to be educated on the issue before a survey or vote is taken. At the May 25th Workshop meeting the discussion of a public or town meeting will be placed on the agenda.
Chairman Lambert called for a
recess at
The meeting reconvened at
Supervisor Decker gave the
following report on Parks & Recreation.
The Township received a check from DCNR in the amount of $20,000.00
which has gone back into the general fund.
DCNR did not advance the full amount.
DCNR will be contacted to see when the Township will be receiving more
money. It was noted that DCNR may hold
some of the money until the project is completed. John Flanagan has requested proposals from 4
firms to develop a master plan for
OLD BUSINESS
1. National Incident Management System (NIMS)
Chairman Lambert noted that there
is a NIMS class being held at PSATS on June 3rd beginning at
2. Galen Hess Farm Update
An update was given regarding the Hess Farm. Correspondence has been received from Gregory Martin, Ph.D., PAS stating that he has visited the Hess Farm and suggested some way to improve success in composting on the farm and Mr. Hess has been encouraged to begin. The Township did receive a response from Representative Smith and Senator Vance’s office also has been in contact with the Township.
NEW BUSINESS
1. M&T Bank, CD Account Maturity Notice (#31003911707784)
A memo had been received from Mrs. Emlet, Treasurer regarding this CD. There was discussion on getting some facts on a Money Market Account, to see if the Township could get more interest. Vice Chairman Lerew questioned what type of insurance does the Township have on the CD. Chairman Lambert would like to get approval to explore the other options.
Motion: Supervisor Shambaugh made a motion to authorize Chairman Lambert to work with Mrs. Emlet to see which would be the better investment in getting more interest. Seconded by Vice Chairman Lerew. The motion carried unanimously.
CORRESPONDENCE
1. Letter from Robert Morret, Building Addition
Mr. Morret is requesting an
addition to Mr. Ward’s home at
2. Municipal Map Publications
A letter had been received regarding a community map. It was noted that there was another firm that started this in 2004 and never completed the job after businesses had bought advertisements. There are two options available, with one costing $3,897.20 and the second option does not indicate a dollar amount.
Motion: Chairman Lambert made a motion not to participate at this time. Seconded by Supervisor Shambaugh. The motion carried unanimously.
3. Letter from NYCSF, Summer Playground Program, participating municipality
NYCSF is asking if
Motion: Vice Chairman Lerew made a motion to opt out of the Summer Playground Program. Seconded by Supervisor Shambaugh. The motion carried unanimously.
PUBLIC COMMENT
A Township resident was present asking for an amendment to the dog ordinance. She indicated that her dog barked once, a neighbor called the police and she was cited. Solicitor Schorpp stated that she plea not guilty, have a hearing and defend herself. If found not guilty she will get the $50.00 she already paid. It was noted that the ordinance may need to be looked into.
TREASURER’S REPORT
A copy of the Treasurer’s Report had been submitted.
Motion: Chairman Lambert made a motion to accept the Treasurer’s Report as submitted. Seconded by Supervisor Shambaugh. The motion carried unanimously.
Supervisor Shambaugh stated that he has a couple of items he would like to bring before the Board. Mr. Rowbottom was in earlier and informed Supervisor Shambaugh that he only has 2 cars remaining on his property and he did not want to say anything more due to a pending law suit.
The Township received an application for a position on the Zoning Hearing Board from Mr. Kenneth Deshong. It was noted that Attorney Rex Bickley indicated that he interested in being the Zoning Hearing Board Solicitor. Solicitor Schorpp stated that is a decision of the Zoning Hearing Board members and not the Board of Supervisors. It was suggested that Mr. Bickley submit a letter to the Township.
Supervisor Shambaugh presented a rough draft of the expansion/addition to the Township building. The building will need to be re-wired and a new septic tank installed. There was an idea to get the emergency management people in the building so they could use it for training classes and have more operation spaces.
Supervisor Shambaugh questioned Mr. Fahey on his total costs for the year so far. A building permit revenue to cost report had been received from Mr. Robert Shelly of RAS Engineering for building inspections and asked if Mr. Fahey could supply the same thing to the Supervisors.
APPROVAL & PAYMENT OF BILLS
Motion: Supervisor Shambaugh made a motion to approve the payment of the bills submitted. Chairman Lambert questioned a couple of bills. Under the Recreation Fund – LABS for water testing, Platinum Plus Master Card, and Morrett Plumbing & Heating. Supervisor Decker indicated the water testing is required by DEP. Morrett’s is for a repair at the restroom and the Master Card is for work done at the Township park. Seconded by Chairman Lambert. The motion carried with Supervisor Decker opposing the payment of the zoning portion of KPI’s bill.
ADJOURNMENT
Motion: Chairman Lambert made a motion to adjourn the meeting
at
Respectfully submitted,
Nancy Zentmeyer
Township Secretary