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, Naomi Decker and Gary Brown. 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 Supervisor Shambaugh gave the opening prayer.
APPROVAL OF MINUTES
Motion: Supervisor Shambaugh made a motion to
approve the
Motion: Supervisor Shambaugh made a motion to
approve the
AGENDA AMENDMENTS
Chairman Lambert asked if anyone
had any agenda amendments. Supervisor
Brown indicated that he had none.
Supervisor Shambaugh noted under Roadmaster he would like to add the
following: 1) Route 15 Study, 2) Driveway Situation from
ORGANIZATION REPORTS
Police – Chairman Lambert indicated that he has nothing to report as their meeting is next Tuesday night.
Fire – There was no report. Supervisor Decker thanked Franklintown for the use of their Fire Hall for the meeting on Tuesday night and their hospitality and would like to make a donation since they did not charge the Township for the use of the hall. The suggested donation was $100.00.
Motion: Supervisor Decker made a motion to donate $100.00 to Franklintown Fire Hall for the use of the hall and for their hospitality. Seconded by Supervisor Brown. The motion carried unanimously.
DAA – No report was submitted but it was noted that DAA is still at a stand still until DEP can make up their mind.
Emergency Management – Mr. Laurin Fleming was present to give a report. Discussed was the NIMS plan that needs to go forward and the Township also needs to adopt this plan in order for State and Federal funding. Mr. Fleming indicated that he is actively planning classes and the time frame is 2 to 3 weeks out before scheduling. The classes that may be scheduled are the mandatory ones that are needed with classes during the daytime for staff and maybe some evening classes. The plan the Supervisors have received is a template from the Federal level and additional information added by PEMA and sent to us. Another issue of concern was mitigation of public hazards such as establishing dry hydrant locations within the Township, housing developments with the ability to protect citizens and supply proper emergency response, concern of the regional park plan especially with the trail system with potential problems. Mr. Fleming also noted a desire to prepare for future disasters by forming a CERT (Community Emergency Response Team). This would prepare the Township for all emergencies until professional help can arrive.
Supervisor Decker questioned the classes that need to be taken. It was noted that 100 and 700 are the two main ones needed but there may be more at a later date. Supervisor Brown indicated that certain names should be within the plan and Mr. Fleming noted that instead of names it was by positions. The plan can be amended but it needs to be approved by August. It was suggested that this be placed on the agenda for next month.
Zoning Committee – No report was submitted.
SUBDIVISION AND LAND
DEVELOPMENT
Ruth Ann & James Rodkey, Final Minor Subdivision Plan
The proposal is to subdivide an
existing 39.983 acres into two lots (14.579 acres and 25.404 acres). Both lots are to be used for single family
residences located along
Motion: Supervisor Shambaugh made a motion to
approve the Ruth Ann & James Rodkey Final Minor Subdivision Plan pending
resolution of the Engineer’s comments of
Supervisor Decker questioned if this would in any way impact the module. The module is at DEP and Solicitor Schorpp noted that if the module is not received within 90-days to record the plan it will come back to the Board of Supervisors.
Patrick & Lisa Kelley, Final Plan Time Extension
A time extension request has been
received from Patrick & Lisa Kelley until
Motion: Chairman Lambert made a motion to
accept the time extension for the Patrick & Lisa Kelley Final Plan until
A time extension request has been
received from
Motion: Chairman Lambert made a motion to
accept the time extension for
Sara Toll asked about letters
from the fire departments and requested that the Township give these fire
departments 6 weeks to review this plan. It was noted that the Township did
receive responses from the fire departments.
It was noted that Mr. Shine had written a letter to the Planning
Commission on June 1st for their meeting discussing the loop
cul-de-sac and Ms. Toll asked if there will be a follow-up letter. Solicitor Schorpp indicated that he has no
further comments as there is a response in writing on this issue regarding Section
502, ¶2. Solicitor Schorpp also
indicated that this plan should not be discussed without representation. Supervisor Decker asked the Solicitor what is
the process of changing a vote as she believes there is misrepresentation. Solicitor Schorpp said that she would have to
ask the Board to reconsider the motion.
It was noted that the other Board members had no problem with this. Supervisor Decker changed her vote from YES
to OPPOSED on the time extension for
Solicitor Schorpp indicated that it is up to the developer to respond to any questions regarding this plan. This plan has not been in front of the Board of Supervisors for consideration. Ms. Toll raised the points of health, safety and welfare.
Doug Sebastian questioned what the Township regulations are. Chairman Lambert indicated the Township works on facts and the Township does not want to put the Solicitor on the spot. It was noted that the developer will be at next month’s meeting.
Supervisor Decker stated that she
feels the residents deserve an answer.
She stated she believes that a cul-de-sac or an extension of a
cul-de-sac there is one way in and one way out.
Engineer Knoebel noted that this is a stand alone development and there
are two points of egress/ingress but it could certainly be subject to further
interpretation. It is noted that most
of the roads in the Township are not 32’ wide and there was discussion on
subdividing land would a developer have to widen “the entire road? At one time there was a street between
At letter was received from KPI
Technology indicating the plan is incomplete due to the lack of written
confirmation that public water/sewer is available. Chairman Lambert noted that it needs a waiver
in order to move this plan along.
Supervisor Decker stated that this is a dangerous situation due to the
Motion: Supervisor Shambaugh made a motion to grant the waiver subject to the condition the preliminary plan will not be approved without the planning module approval. Seconded by Supervisor Brown.
Supervisor Decker stated for the record that she opposes making this waiver when there is no capacity to be had. The motion carried with Supervisor Decker opposing.
Williams’ Townhouse Estates, Preliminary Subdivision, Incomplete
Engineer Knoebel stated that the
plan was deemed incomplete for 3 items: 1) the public water/sewer is to be
provided with written acknowledgement, 2) notarized owner’s acknowledgement,
and 3) sewage planning module. A letter
date
Motion: Supervisor Shambaugh made a motion to
grant the waiver subject to the condition the preliminary plan will not be
approved without the planning module approval. Seconded by Supervisor
Brown. Supervisor Decker noted that her
discussion on Derby Farms also be applied to this plan. The motion carried with Supervisor Decker
opposing.
Quality Greenhouse &
Perennial Farm,
A letter had been received from
C.W. Junkins Associates grant a time extension to the Quality Greenhouse plan
until
Motion: Chairman Lambert made a motion to
accept the time extension to Quality Greenhouse & Perennial Farm until
Michael Sunday, Revised Land
Development
Mr. Eric Johnston and Mr. Michael
Sunday were present to represent this plan.
A letter dated
At this time Mr. Johnston asked if the Engineer would go through the 5 comments.
1. Owner’s acknowledgement and related certifications by Engineer/Surveyor are required to be executed on the final plan prior to approval. Mr. Johnston noted this is an administrative comment.
2. Fill slopes shown on plan exceed the maximum slope of 3:1 as required. Developer’s agent requesting a waiver of this requirement to allow slopes to be in the range of 1.5:1 to 2:1 as currently exists on the site. It is noted that the work is completed and YCCD has approved the plan and is requesting a waiver. Engineer Knoebel suggested that if the Township is considering this waiver that a slope stability analysis is done. DEP and YCCD have both approved this plan. He said he would feel more comfortable if there were more engineering analysis on the slope.
3. Unaware if compliance has been achieved with Township
Ordinance 9-1985. Letter of
4. Letter dated December 1, 2005 from DEP to the Solicitor indicates that Condition 13 of the August 28, 2002 General Permit related to the Ash Material is not intended to apply to the end user and instead only to the producer and marketer of the material. Supervisor Decker stated that DEP’s own rules contradict that. It seems that DEP has been covering themselves with a conflict in their own rules. There was suppose to be an NPDES permit. It was noted that the fill slopes have been stabilized and that it would be more harmful than good to rip out. YCCD required the permit and then DEP said the NPDES Permit would not be required.
5. Township should consider if bonding is required for improvements. Engineer Knoebel stated that the improvements are completed and that KPI has not done a detailed inspection. Full bonding is suggested to be submitted with this plan, then at any such date the applicant can request a reduction in the bonding. Mr. Sunday indicated that he has submitted a $12,000.00 financial security with the plan that was done 1 ½ to 2 years ago and asked if that bonding could be applied to this plan. A cost estimated would be needed to see if the $12,000.00 would cover the remaining work to be done. Supervisor Shambaugh made a proposal of Mr. Sunday giving the Township either a 60 or 90 day extension and this would give him time to have a stability analysis done, prepare an “as-built” plan and for it to go through another Planning Commission meeting.
Supervisor Decker questioned the pipe to the discharge from the stormwater pond and the out fall being downstream, is this an MS4. Supervisor Decker asked Solicitor Schorpp where is the Township with the ordinance and the Solicitor indicated there needs to be notice to the Township and the location. There is an issue with the wording of the permit and the Solicitor indicated that this could be a matter of litigation. Supervisor Decker read from Section 271.8.31 #5 according to the rules and regulations and that 50,000 tons of ash was dumped before any notification was given. Also Supervisor Decker indicated that there is a letter from York Solid Waste that they were told that all local approvals were obtained. Mr. Sunday stated that he was told that the local municipalities were notified. Supervisor Decker suggested that Mr. Sunday install a test well to verify that no wells are contaminated.
Motion: Supervisor Shambaugh made a motion to
accept the time extension for Michael Sunday, Revised Land Development plan
until
REPORTS
Engineer
Engineer Knoebel stated that he did not have anything to report.
Solicitor
1. Jake Brake Ordinance
Solicitor Schorpp noted as requested he has prepared a draft ordinance but before the ordinance can be applied to the state highways it is necessary to get PennDOT approval. There was discussion on either applying to all state highways or just certain ones.
Motion: Supervisor Shambaugh made a motion to authorize Solicitor Schorpp to send a letter to PennDOT requesting approval. Seconded by Supervisor Brown. Solicitor Schorpp noted that the areas will have to be signed before enforcement and there is an expense with the proper signage. Supervisor Brown questioned whether or not these signs could be placed just on roads with a certain speed limit. The motion carried unanimously.
Building Permit Officer
Mr. Brian Fahey was present to
give his report. In Old Business – the
large dumpsters at Young’s
Roadmaster
Supervisor Shambaugh noted that the Roadmaster’s report has been submitted and is on file at the Township office.
1. Driveway Permits on
The Township received, on this
date, correspondence from
Motion: Supervisor Shambaugh made a motion to
approve this arrangement and to have all of the Supervisors sign the letter and
return to
2. Route 15 Study
Supervisor Shambaugh gave a
review of the Route 15 Study indicating that there are a couple of
municipalities in
3. Road Bids
Supervisor Shambaugh noted that what happened was the bids came in higher than expected or over budget and it was noted that funds from Liquid Fuels, left over from last year be applied to cover the cost of the project. Supervisor Decker asked if we should have our representative look at the project and get approval for the higher figure. She asked if it will affect our submission for the money on that project. It was noted that there is a surplus in the Liquid Fuels, the bids were approved and that the Township is just moving money from one account to another to help pay for the project.
Motion: Supervisor Shambaugh made a motion and stated by Chairman Lambert to transfer monies from Liquid Fuels to the Operating Fund for road bids. Seconded by Supervisor Brown. The motion carried with Supervisor Decker opposing.
Chairman Lambert recessed the
meeting at
The meeting reconvened at
Parks & Recreation
Supervisor Decker noted that the
Park & Recreation Board meeting will be held next week. Supervisor Decker indicated that Rettew
Associates, the engineering firm doing the playground work at
Chairman Lambert asked what is being used as a guideline for this work. It was noted that the stream is. Decker Surveying did the topography and location of the stream. DCNR likes to see a buffer in this area. It seems that the design is wrong on the CAD. Solicitor Schorpp asked if Rettew did the design or layout according to the conceptual plan done by YSM. Supervisor Decker stated that Rettew was not asked to do this. One problem with the staking was to stay away from both the stream and soccer field. Supervisor Shambaugh advised that the first thing to do is to clarify the correct estimated amount of either $5,900.00 or $6,400.00 and what is in the contracted agreement. Resident James Novesal of 180 Century Lane suggested to bring in the contractor to discuss these issues. It was noted that the contractor could attend the Park & Recreation Board next week. Supervisor Decker noted that we do not know how this would affect the paperwork submission to DCNR. Supervisor Brown questioned with the re-staking will the park be ready for the installation of the equipment. It was noted that 3 quotes are needed for the setup of the park equipment which is the stake out of where the equipment will be placed.
There was discussion on the
Master Plan for
An unidentified resident asked if
the meeting held on
Motion: Supervisor Shambaugh noted that speaking of Park & Recreation, made a motion to accept the Northern York Region Comprehensive Recreation, Parks and Open Space Plan ONLY as a guide and reference with the exception of anything in the plan that refers to trails or eminent domain. Chairman Lambert noted that it is the elimination of the trails and eminent domain and includes the greenways.
Supervisor Decker said this is why the police officers are here, because you knew what you were going to do to us.
Lisa Ammons,
Seconded by Supervisor Brown.
Ms. Ammons spoke before the Board indicating that she did not see Chairman Lambert or Supervisor Shambaugh at the meeting held June 13th. At the June 13th meeting there were some guide rules laid out and the one rule added was to have a straw vote taken at the end of the meeting to get an idea of what the Township residents want. It was noted that the Township residents want nothing to do with this plan and if the Board of Supervisors wanted to proceed, against the residents wishes, to set up voting machines so the Board would know clear and legal the vote on this plan. It was suggested that residents/property owners would either bring in their voting cards or deeds to prove residency or ownership of land in this Township. Therefore, Ms. Ammons suggested that a motion be made that nothing be done on this plan and that the Township send a letter to DCNR, to Mr. Gove, stating that the Township opted out of the plan previously. Ms. Ammons stated that the Township residents disagree with anything and everything that has to do with this plan.
Mr. Ron Stevens noted that he has some questions. He stated that according to Mr. Burger’s article Mr. Brown acknowledged what the people were saying. What did you mean by that? He said he heard they were against the greenways and trails. They want to develop their own park and he would certainly help them. When will the hand written questions be answered that were submitted at the June 13th meeting? There were also questions asked that were oral or verbal communication that is required to be answered according to the Supervisors Handbook. Mr. Stevens also noted that at the March and April meetings of the Board of Supervisors he has submitted questions and wondered when will they be answered.
An unidentified resident stated
that another municipality received a grant for a community center which is now
being closed and also noted that the Township parks are not being used to their
potential. In Supervisor Brown’s power
point presentation there showed other areas such as
Chairman Lambert noted that at
least 90% of the complaints heard by the Board of Supervisors were of the
trails and eminent domain and he felt that Supervisor Shambaugh’s motion
covered those areas of concern. It was
also noted that in September of 2002 the Township “opted out” of the grant
application not the plan. Ms. Ammons
asked how did the Township get put on the letter from DCNR and she demanded to
see minutes showing that
Mr. Ken Swomley,
Chairman Lambert noted that a motion had been made and seconded and called for a vote as follows: Chairman Lambert, Supervisor Shambaugh, and Supervisor Brown voted yes.
Supervisor Decker repeatedly stated that she did not have her chance to discuss this issue and may bring charges against the Board for discrimination.
Attorney Miller noted that the Board should wait until they have a chance to read the amended plan before voting and that Supervisor Brown should refrain from voting. He questioned if they even knew what they voted on. Chairman Lambert said he knew what he voted on. I don’t know how you say you disapprove an application for a grant and yet you approve the plan for which the grant was being sought to finance. The two are nonsequitur. You passed this plan on a populars that voted Tuesday night to reject the entire plan. He said Mr. Brown should not vote because of personal interest.
Mr. Brad Pealer of
Mr. John Collins, 185 Central View Road noted his concern that the Board of Supervisors is suppose to represent the voice of the residents and at the June 13th meeting there was a vote of either supporting or not supporting the plan. Mr. Bob Eichelberger noted that he supports this plan and he was at the meeting June 13th but felt intimidated and did not vote for the plan. He was there to gain information and there was some misinformation. Mr. Eichelberger noted that he did not participate in this plan and that planning needs to be done and that this is only step one.
Chairman Lambert stated that from this point on this Board and some of these people are going to put the plan into actuality.
Ms. Sara Toll stated that the
meeting was advertised as a “public meeting” and it was really an informational
meeting. Ms. Toll noted that she has
read the November 2005 plan and is on the 4-person committee but there are
parts missing, 2 appendixes missing along with differences in the key interview
list. On
Ms. Ammons stated that the Supervisors Handbook, page 13 under the Sunshine Law that it is required to provide an opportunity for public comment at each advertised meeting and the 1998 amendment requires the public comment period that must be provided at each meeting before official action is taken. Ms. Ammons stated that this action is illegal.
Mr. Lynn Potts spoke on behalf of the grant business and the state of the economy. He expressed every time the State came with money there were strings attached.
Ms. Marion Stevens asked the Solicitor if it was proper to vote on this plan and is it legal to vote on this the way this is amended and no one has seen it. Solicitor Schorpp indicated that the motion was proper.
It was noted that everything related in Goal #4 such as maintenance of trails, liability issues and crime is being omitted from the plan. These were issues of great concern from the residents at previous meetings. Supervisor Decker asked if the Township is taking parts out of the plan how can it be a regional plan because not all municipalities involved will be eliminating the same parts.
Ms. Christine Collins,
Mrs. Miller stated that being a property owner she never felt the need to question the leadership of this Township. She stated this meeting reminds her of the State Legislatores when they voted themselves a pay raise. If the Township is so concerned about the grant money how much is the Township requesting and the Township should put their efforts towards providing the Township with necessary items. There are terrible road situations with the drainage ditches, West Nile etc.
OLD BUSINESS
1. Franklintown Fire Co. Audit
Chairman Lambert asked if the Township should or should not pursue this issue of requesting an audit. It was suggested that a follow-up letter be sent as a reminder.
Mr. Stevens asked when will the questions asked at the June 13th meeting and his questions from earlier meetings be answered. It was noted that these questions will be copied so the Supervisors can answer the questions.
Chairman Lambert noted that the Township gives a $20,000.00 donation to the fire company and another $27,000.00 or $29,000.00 from fireman’s relief fund. Supervisor Brown asked if a follow-up letter needs to be sent because the Fire Company does not seem to be interested in getting the audit. Supervisor Decker stated that she has talked with Chief Blouch and the audit will be submitted. No action is needed.
2.
Supervisor Decker noted that
correspondence had been received from the task force for $500.00 in case there
would be an incident and there would be a need for special police with any type
of emergency. This is a request that
each jurisdiction in
Motion: Supervisor Shambaugh made a motion to donate $500.00 to the York County Quick Response Team. Seconded by Supervisor Brown. The motion carried unanimously.
3. Speaker from the Audience
Ms. Lisa Ammons,
The second item was the ditches
along
NEW BUSINESS
It was noted that there was nothing to discuss under New Business.
CORRESPONDENCE
It was noted that there was nothing to discuss under Correspondence.
Ms. Ammons stated as discussed at
the June 13th meeting that business letters are going to personal
residences and these letters need to come directly to the
An unidentified speaker questioned the website and this issue was discussed. There are problems and it was noted that Mr. Stevens has been coming into the Township to help with updating and taking care of the problems. Mr. Stevens is donating his time. Supervisor Shambaugh suggested that through the school districts there are courses in this and the districts like for their students come and do this type of work.
PUBLIC COMMENT
There was no public comment at this time.
TREASURER’S REPORT
Motion: Supervisor Shambaugh made a motion to approve the Treasurer’s Report as submitted. Seconded by Chairman Lambert. The motion carried unanimously.
APPROVAL & PAYMENT OF BILLS
Supervisor Decker stated that she had talked with Eichelberger’s Inc. and this bill is not to be paid as there will be a change in the fee. Also the Roadmaster will be flushing the system and Eichelberger’s will give him instructions on how to do this. Supervisor Shambaugh suggested that these be written instructions. Also discussed was the water test and Supervisor Decker stated that L.A.B.S., Inc does this testing. It was noted that a new lamp is needed every year at a cost of $120.00 but if the Township picks up the lamp there is a 25% savings.
Motion: Supervisor Shambaugh made a motion to approve the payment of the bills with the exception of Eichelberger’s until a corrected bill is submitted. 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