FRANKLIN TOWNSHIP

BOARD OF SUPERVISORS

REGULAR MEETING

August 24, 2006

 

 

CALL TO ORDER

Chairman Lambert called the meeting to order at 7:00 p.m.  The meeting was held at the Franklin Township Municipal Building, 150 Century Lane, Dillsburg, York County, Pennsylvania.

 

ROLL CALL

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

 

PLEDGE OF ALLEGIANCE AND PRAYER

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

 

APPROVAL OF MINUTES

July 20, 2006 Board of Supervisors Regular Meeting

Motion:           Supervisor Shambaugh made a motion to approve the July 20, 2006 minutes of the Board of Supervisors Regular Meeting as submitted.  Seconded by Vice Chairman Lerew.  The motion carried unanimously.

 

August 11, 2006 Board of Supervisors Special Meeting

Motion:           Vice Chairman Lerew made a motion to approve the August 11, 2006 minutes of the Board of Supervisors Special Meeting as submitted.  Seconded by Supervisor Brown.  The motion carried unanimously.

 

March 16, 2006 Board of Supervisors Regular Meeting (amended)

Motion:           Supervisor Decker made a motion to amend the March 16, 2006 minutes of the Board of Supervisors Regular Meeting by moving a sentence on page 4 under Subdivision and Land Development, Sherwood Heights, Preliminary Subdivision, Sewer Planning Exemption & Action Deadline.  The sentence “The project is now eligible for sewer module exemption” is to be moved after the sentence ending in exemption.  Seconded by Chairman Lambert.  The motion carried unanimously.

 

AGENDA AMENDMENTS

Chairman Lambert asked if any of the Supervisors had any amendments to the agenda.  Supervisor Brown indicated that under Park and Recreation he would like to give a report on the Community Center.  Supervisor Shambaugh noted that under Roadmaster he has a couple of minor items to bring up.  Chairman Lambert noted that under Organization Reports he would like to move from New Business, Franklintown Fire Company to the Fire Report.   Supervisor Decker noted that she would like to add under Reports - Engineer the report from KPI regarding 143 Western Road, TBD on the Engineer’s Status Report and under Correspondence the Federal Surplus update and also the letter from Robert Yerger.  Vice Chairman Lerew indicated that he had nothing to add.

 

ORGANIZATION REPORTS

Police – Chairman Lambert noted that the meeting was cancelled in August and there is no report.

Fire – Franklintown Fire Company gave their report which is on file at the Township office with a total of 16 calls

 

At this time the correspondence which was received from Franklintown Fire Company was discussed.  Lt. Andrew Wolfe, representing the Fire Company discussed issues that are within the fire department as follows: 1) Dillsburg Fire Department is billing in our first due area.   It was noted that Franklintown Fire Co. is the first response company for Franklin Township.  2) The problems associated within their organization. 3) Money disbursement to the ambulance. 4) Any issues that may rise between now and then.  The only billing done by Franklintown Fire Company is for structure fire and hazmat incidents.

 

Lt. Wolfe indicated the costs with medical assist being approximately $600.00 per call, rising fuel costs etc. Franklintown Fire Co. had 172 functions to help raise money.  It was stated that monies paid for Citizens Hose EMS should also be shared with Franklintown Fire Co.   It was questioned about the billing problem with a “first come, first serve” as to who bills the insurance companies.  It was again stated that Franklin Township is the “first due area” for Franklintown Fire Co. and the fire company is asking the Township to draft a letter to Citizens Hose stating that Franklintown Fire Co. has the billing rights for this Township.  It was noted that if Franklintown Fire Co. fails to respond then Citizens Hose would submit the bill to the insurance company.

 

Chief Todd Cook from Citizens Hose was present to give the report.   There was also discussion that Citizens Hose has sold a couple pieces of equipment.   It was noted that Citizens Hose rescue truck will be leaving in 2 to 3 weeks and that they are selling two pieces of equipment and buying one truck that will have duel functions.  Supervisor Decker stated that something has been presented here tonight, regarding the two fire departments, and that this should not be passed over, but should be addressed when both companies are present.

 

Chief Todd Cook from Citizens Hose discussed the billing error and that Franklintown Fire Co. will be paid $500.00 which is owed to them.  This was approved at their meeting held recently.  Chief Cook brought up the agreement about membership mailings and that he was refused membership in the Franklintown Fire Co.  Chairman Lambert suggested that the two fire companies with their representatives and the Supervisors come up with a meeting date to discuss these issues.  Supervisor Decker stated that she would like to be present at the meeting.

 

Chief Cook at this time discussed his concern for the lack of dry hydrants in the Township.  It was noted that an area needing a dry hydrant is Stone Head.  Adams Electric had given piping material to Chief Cook for the help of installing this type of hydrant.  Supervisor Decker indicated that there is someone on County Line Road that may be willing to install a dry hydrant at his pond..  This information will be passed on.

 

Emergency Management – Mr. Laurin Fleming was present to give his report.  Quality Greenhouses will be putting a dry hydrant into the new pond at their location at Union Church Road and he is also aware of the location on County Line Road.  Mr. Fleming has set up two NIMS classes for Tuesday, September 5th from 8:00 a.m. until 12:00 noon and on Thursday, September 7th from 6:00 p.m. until 10:00 p.m.   Mr. Fleming had been in contact with the engineer for Apple Blossom Estates regarding the gates at the emergency access road because they have a concern with the type of latching system to be used.  Mr. Fleming suggested a basic padlock that can be cut with a bolt cutter.   Mr. Fleming indicated that a plan had been sent to the Township office for his review and he saw nothing wrong and that he has visited the site.  It was suggested that the access road be cut out that there is zero grade and compacted in order to support the weight of emergency vehicles.  Supervisor Decker suggested that Mr. Fleming get a complete set of plans so he can see the slope calculation as this needs to be considered along with the mining issue.   Supervisor Shambaugh stated that he disagrees with the lock and fire companies should not be required to carry bolt cutters.   It should be break-away balusters.  A plastic that breaks should be considered and looked into.   There was also discussion with winter coming on a community emergency response team, which teaches basic first aid, and is a FEMA class that would consist of 20 to 24 hours, with 6 night classes and a practice Saturday.

 

Chairman Lambert thanked Mr. Fleming for the work he did during the recent heat wave.  The electric company told the Township to prepare for an emergency and Mr. Fleming secured a local church that was equipped with a generator in case there was a power failure.  Electrical work was done at no cost to the Township.

 

EMS – A report had been submitted and is on file at the Township office.

 

DAA – No report had been submitted at this time.

 

Zoning Committee – No report was given this month.

 

SUBDIVISION AND LAND DEVELOPMENT

Sherwood Heights, Planning Module

KPI did a review of this planning module by a request from the applicant’s attorney.  The development proposes to be served by an extension of an existing sanitary sewer system owned by DAA.  After review of the planning module and KPI’s comments it is noted that it is incomplete.

 

Motion:           Chairman Lambert made a motion to deny the Planning Module for Sherwood Heights due to the lack of sewer capacity and the engineer’s comments.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

William Messner, Final Minor Subdivision Plan

Mr. John Williams was present to represent this plan.  The proposal is to subdivide an existing 46 +/- acre parcel into two separate lots (lot 2 being 3.59-acres and lot 1 being 42.4-acres).  Lot 2 will contain the existing single family residence located along Clear Spring Road. 

 

It was noted that back in February Mr. Messner had approached the Supervisors with Lot #2 not meeting the minimum lot size and the Supervisors gave a recommendation that Mr. Messner get as close to the 4-acre minimum as possible.

 

Motion:           Chairman Lambert made a motion to grant the waiver due to geographic reasons for Lot 2 on the size being under 4-acres as stated in Section 514.c in the SALDO.  Seconded by Supervisor Shambaugh.  Supervisor Decker mentioned that the Planning Commission’s determining factor for recommending this waiver is because there are two existing homes.

 

Motion:           Chairman Lambert amended the motion to grant the waiver on the lot size being under 4-acres and to include the two existing homes.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Motion:           Chairman Lambert made a motion to approve the non-building waiver for sewage.  Seconded by Supervisor Shambaugh. Supervisor Shambaugh stated a concern that no new homes will be built but Mr. Messner is creating another lot and perc tests were done.  The motion carried unanimously.

 

Motion:           Chairman Lambert made a motion to approve the William Messner, Final Minor Subdivision Plan with no outstanding comments.  Seconded by Vice Chairman Lerew.  The motion carried unanimously.  

 

Quality Greenhouses, Time Extension

A letter had been received for the granting of a time extension until September 22, 2006.

 

Motion:           Chairman Lambert made a motion to accept the time extension for Quality Greenhouses until September 22, 2006 with the understanding that the applicant will grant the extension until September 29th.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Apple Blossom Estates, Time Extension

A letter had been received for the granting of a time extension until October 31, 2006.

 

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

 

Michael Sunday, Time Extension

A letter had been received for the granting of a time extension until October 31, 2006.

 

Motion:           Chairman Lambert made a motion to accept the time extension for Michael Sunday until October 31, 2006.  There was discussion that the slope analysis and as-built plan needs to be done.  Chairman Lambert suggested that this be the last time extension given.  Supervisor Decker stated that it has been 90-days and the Township has seen nothing on this plan.  Solicitor Schorpp stated that he does not have a problem with making this the last time extension since the Township has given the applicant enough time and in good faith to correct the plan.  It was noted that if this is the last time extension then at the October meeting action will need to be taken on this plan and Mr. Sunday would then be in violation and enforcement would begin.  Supervisor Decker feels that this needs to be stated that it is the last time extension.  After discussion the following motion was made.

 

Motion:           Chairman Lambert made a motion to accept the time extension for Michael Sunday until October 31, 2006.  Seconded by Supervisor Shambaugh.  The motion carried with Supervisor Decker opposing.

 

Derby Farms, Preliminary Subdivision & Land Development Plan, Time Extension & Waiver Requests

A letter had been received for the granting of a time extension until December 29, 2006.  Mr. Jim Strupe from Alpha Consulting Engineers was present to represent this plan.

 

Motion:           Chairman Lambert made a motion to accept the time extension for Derby Farms, Preliminary Subdivision & Land Development Plan until December 29, 2006.  Seconded by Supervisor Shambaugh.  The motion carried unanimously.

 

Since the Planning Commission has made recommendations regarding these waivers it was decided to act on them at this time.

 

Waiver #1 – 515.a.3, 515.b.1 – to allow utilities in the cartway.  Supervisor Decker expressed concern that when a road needs to be resurfaced the manholes need to be raised.

 

Motion:           Supervisor Shambaugh made a motion to grant the waiver request from Section 515.a.3, 515.b.1 to allow utilities in the cartway.  Seconded by Vice Chairman Lerew.  The motion carried with Supervisor Decker opposing.

 

Waiver #2 – 508.a.2 – installation of slant curbs.  It was noted that the slant curbs would be installed in front of the townhouse units only.

 

Motion:           Supervisor Shambaugh made a motion to grant the waiver request from Section 508.a.2 to allow slant curbs be installed in front of the townhouse units only.  Seconded by Chairman Lambert.  The motion carried unanimously.

 

Waiver #3 – 505.j – 200’ horizontal radius for minor street be changed to 150’.   It was noted that PennDOT standards are 100’ and the Township’s ordinance is above and beyond PennDOT’s standards.   It was also noted that there will be a speed limit of 25 mph with the traffic impact study.

 

Motion:           Supervisor Shambaugh made a motion to grant the waiver request of the horizontal radius for a minor street be changed to 150’ with the condition of the speed limit being 25 mph.  Solicitor Schorpp stated that under the vehicle code the developer had to meet the density requirement.  Supervisor Shambaugh state that he withdraws his motion and to wait until the traffic study is completed.

 

Waiver #4 – 506.e – requesting the distance between intersections is reduced from 500’ to 200’.  The Planning Commission needs to review this before being passed on.

 

Waiver #5 – 513.a.3 – 40’ building separation.  The applicant is requesting 20’ and the Planning Commission recommended a 30’ separation.  It was discussed that if lot lines were placed between each unit then the 30’ separation would comply with the ordinance.  There was discussion on what the separation is needed for emergency vehicles.

 

Motion:           Supervisor Shambaugh made a motion to deny the waiver request from Section 513.a.3 regarding building separation.  Seconded by Supervisor Decker.  The motion carried unanimously.

 

Robert & Mary Edwards Subdivision Plan, Re-approval

It was noted that the 90-day period has expired for recording this plan. 

 

Motion:           Chairman Lambert made a motion to re-approve the Robert and Mary Edwards Subdivision Plan.  Seconded by Vice Chairman Lerew.  The motion carried unanimously.

 

Ken-Lin Estates, Acceptance of Dedication of Road

Solicitor Schorpp stated that no action is needed this evening but that the Supervisors should direct him to draft a resolution.

 

It was noted that a final inspection of the improvements has been completed.  KPI offers the following recommendations that should be addressed prior to the acceptance by the Township:

 

1.         An approved deed of dedication is required.

2.         A maintenance bond should be provided in the amount of $18,708.00 and should be guaranteed for a

            minimum of 18 months from the Township’s acceptance of the street.

 

Motion:           Supervisor Shambaugh made a motion to direct Solicitor Schorpp to draft a resolution for the dedication of Ken-Lin Drive.  Seconded by Chairman Lambert. It was noted that there are two parts with the road and the small section of ground adjacent.

 

 

Motion:           Supervisor Shambaugh made a motion to direct Solicitor Schorpp to draft a resolution for the dedication of Ken-Lin Drive only.   Seconded by Vice Chairman Lerew.   The motion carried with Supervisor Decker abstaining due to professional involvement.  Chairman Lambert asked if this could be done by the end of September because of Liquid Fuels monies.

 

David Leininger, Reduction of Bond Amount

A letter had been received from Mr. Leininger requesting a reduction of his bond amount.  It was noted that an inspection would need to be done before authorizing a bond reduction.

 

Motion:           Chairman Lambert made a motion to authorize KPI to do an inspection of the property at 105 Tuckahoe Road.   Seconded by Vice Chairman Lerew. Supervisor Shambaugh questioned why take out mountain trees to do screening planting.  It was also brought up that Mr. Leininger’s Letter of Credit expires in December 2006.  The motion carried with Supervisor Decker abstaining due to professional involvement. 

 

REPORTS

Engineer

1.  143 Western Road – As requested by the Board of Supervisors a site inspection was done on August 8, 2006 of the stormwater management basin located near the intersection of Western Road and Stone Head Road due to the flooding of the driveway at 143 Western Road.  Engineer Begis stated that KPI met with a representative from Johnston’s office and the property owners, engineer of Foxwood Estates, to discuss this problem.  It was noted that a concrete culvert is being used as a bridge and the drainage off the mountain was backing up due to the heavy rains.  It was noted that there were problems in the past but nothing this bad.  Revisions need to be done to the basin to increase capacity and a stormwater plan will be done and reviewed by KPI.  It was also noted that Mr. Fox has a lot located behind the property owners and is working out an agreement with them to repair the damage to the road and culvert.  The site elevations and the plan elevations were not matching.  The site engineer is working on a new stormwater plan to resolve the problem. Supervisor Decker questioned why this error wasn’t caught when the subdivision plan was reviewed.

 

2.  Plan Status Report, TBD – Supervisor Decker stated that there was a subdivision plan that was almost missed for a time extension and was indicated “To Be Determined” on the plan status report.  It was suggested that in the future the Board of Supervisors be notified so a special meeting can be scheduled.

 

Solicitor

Solicitor Schorpp stated that he had nothing to report at this time. Chairman Lambert asked Solicitor Schorpp what the time table is for the proposed zoning ordinance.  It was noted that the 45-days start when the YCPC receives a copy of the zoning ordinance.  The earliest for a public hearing would be in October.  The date of October 26, 2006 was set for the next zoning public hearing.  Supervisor Decker questioned about adopting the ordinance if there is public comment from the hearing.   Solicitor Schorpp stated that the Board of Supervisors has 60-days to adopt the ordinance from the second advertisement date.   Supervisor Decker asked if the meeting should be held here or where there would be more space.  It was decided that the public meeting would be held at the Township Building.

 

Building Permit Officer

No report had been submitted.

 

Roadmaster

Supervisor Shambaugh noted that a copy of the Roadmaster’s Report has been submitted and is on file in the Township office.

 

Supervisor Shambaugh stated that letters should be sent to 94 Bethel Church Road and the Eichelberger property on Bethel Church Road regarding the stormwater run-off from their driveways and request a meeting to address these problems. It was noted that Supervisor Shambaugh, the Roadmaster and Engineer Knoebel be in attendance of this meeting.  A letter should also be sent to Mr. Jacobs off Chain Saw Road to ask him to review his stormwater control that was installed at the driveway to see if it needs repaired as there has been more run-off than previously noted.

 

Supervisor Shambaugh suggested authorization for the engineer to do a site inspection on Whiskey Spring Road with changing the course of the stormwater sufficiently and this needs to be reviewed.

 

Supervisor Shambaugh stated that the Roadmaster will be doing the work on the ditches on Bethel Church Road next month.  Ms. Ammons of Bethel Church Road requested there be an open meeting with the residents of Bethel Church Road. 

 

Chairman Lambert recessed the meeting at 8:30 p.m.

The meeting reconvened at 8:40 p.m.

 

Parks & Recreation

Ponderosa Park

Mr. Trevor Zahniser from Melham Associates was present to represent the Master Site Plan for Ponderosa Park.  The concept of the plan was done by doing key person interviews as to what is needed.  Mr. Zahniser indicated that there are 21-acres with this park and 40% is wooded.  Mr. Zahniser also reviewed the summary page.

 

Option “A” was discussed first with showing the following: gravel driveway, a walking fitness course, senior activity center, horse shoes, disc golf, volley ball, tennis courts, basketball courts, soccer fields and maintaining the wooded area.  It was recommended that the play area not be done at this time.  Mr. Zahniser stated that he would be in contact with DCNR.  He recommended that the play area not be put in at this time.  Supervisor Decker said that this is a real blow.  Do you know how hard we worked on this.  Mr. Zahniser said it was too close to the lacrosse filed and has to be moved.  Supervisor Decker said we weren’t considering lacrosse only soccer on that field.

 

Option “B” shows most of the same but with one entrance, parking access, smaller pavilions and to also make sure to keep the noise away from the residents.  The fields shown are on a NNE angle. It was noted that the asphalt courts would be better to maintain than the sand courts.   The total cost of the project for Option “A” would be $324,892.00.  It was noted that Option “B” would be easier to get done.  No numbers have been generated on the cost for Option “B” at this time.

 

Mr. John Flanagan from the Park & Recreation Board indicated that Mr. Zahniser needs to get the grant application in and there was discussion on signing off on paying for half and questioned approximately how much money is available for next year to have for matching funds.  It was discussed about phasing the plan.  Also discussed were in-kind services.   Mr. Flanagan stated that regarding the grant there needs to be direction from the Board. Chairman Lambert suggested that he has no problem with committing to $100,000.00.  The Township can construct the walking trails and other items.  Supervisor Shambaugh suggested that the Township get the master plan done, phase the plan but to get the fields done.  With the cost of just doing the fields the Township could provide half of the funds. Supervisor Brown suggested working with the Baseball Association and to get commitments in writing should also be done.  Mr. Zahniser stated there is a 5% or less slope on the fields.  Supervisor Decker stated that this is the first time they are seeing these options and her concerns are on the cost.  The cost for grading and development of the fields is approximately $28,000.00.   If this is the case why doesn’t the Township just do the work themselves.  Supervisor Shambaugh said why spend $28,000.00 of our tax dollars when we only have to spend $14,000.00.  Supervisor Decker asked that that be made part of the minutes and see where it goes.  Mr. Zahniser said the field has a gentle slope.  Supervisor Decker said the drop is over 20’. Supervisor Decker stated that it cost more with a grant and that you have to jump through hoops like the Township did before with DCNR.  It was suggested to prioritize and do the ball fields.   Supervisors Shambaugh, Lambert and Brown indicated that they like Option “B”.  Vice Chairman Lerew indicated that it doesn’t matter which plan and Supervisor Decker stated that she is not ready to make a decision on this.   Chairman Lambert indicated the Township would unofficially commit to $50,000.00 so the process can continue.  It was suggested that Mr. Zahniser fine tune Option “B”.    Mr. Bob Eichelberger said the whole process came in here cold tonight and said it was handled well.

 

There were questions about DCNR sitting on the grant and Mr. Zahniser indicated that the Township would get an answer by Spring 2007.

 

Community Center

Supervisor Brown gave a brief summary.  They had a good summer program and there was outstanding coverage with the Banner.  There was one complaint about Franklin Township being a non-participating member.  The program was a success.  NYCSF is taking over the adult education programs and to also include bus trips and trips to Allenberry. There are three upcoming events to include the babysitting course which is always a success along with bingo fundraisers and Dr. Lori, an antique appraiser, will be back again.  Also scheduled are movies, dances, and game nights.

 

Supervisor Decker indicated that the Park & Recreation Board had their meeting on August 15th.  The Township had received approval to put the equipment in and now does not have the approval because we changed our minds.   Supervisor Decker also stated that she had been in contact with the representative from DCNR and was sent an application to submit all costs for the equipment and for professional services by Rettew which the Township has spent up to 90% which means the Township is entitled to $16,000.00.  I contacted our DCNR representative and the grant money the Township received could have been used for professional services and for the border around the play areas.  This is a correction of the previous statement that the $40,000.00 had to be spent on equipment.  For the next Park & Recreation meeting of September 19th Supervisor Decker asked Peggy Williams from the Banner if she would put something in the paper that the Township would like public input on the proposed project.  She said she would do that.

 

OLD BUSINESS

1.  Speaker System

A brief report was given on the request for quotes on a speaker system for the meeting room.  Five businesses were contacted requesting quotes and information.  Two of the businesses were not interested or no longer installed such systems. Other municipalities were contacted that have recently expanded their municipal buildings.  Monroe Township used JP Lilley, Inc. out of Harrisburg which was contacted and the Township was supplied with a catalog, Wray Music sent a fax today after calling numerous times requesting this information and Mechanicsburg Borough had used Voyager Music out of  Enola was they were the only one who came to the Township, measured the room and showed interest.

 

Motion:           Supervisor Shambaugh made a motion to accept the proposal from Voyager Music at the cost of $2,170.00.  Seconded by Vice Chairman Lerew.   Supervisor Decker thanked Mr. Ron Stevens for his input.  The motion carried unanimously.

 

2.  SPCA 2006 Stray Animal Housing & Disposal Agreement

There was discussion on the cost between SPCA and the Humane Society.  The SPCA is a flat fee of $820.00 for housing and disposal but there are additional costs of $350.00 for retention of services, an hourly rate and mileage rate.  A separate agreement would be needed with an animal control officer.  Chairman Lambert stated that it is better staying with the Humane Society.  No action is required.

 

NEW BUSINESS

1.  2006-2007 Municipal Winter Agreement with PennDOT

 Information had been received for Municipal Renewal Approval of the winter agreement with PennDOT.  Also attached was information from the Roadmaster showing reports from the previous years on the cost.  It was noted that there was the construction of a salt bin and upgrade of turnaround.  Chairman Lambert stated that the Township is approximately $8,000.00 ahead.

 

Motion:           Supervisor Shambaugh made a motion to accept the 2006-2007 Municipal Winter Agreement with PennDOT and to include the same roads as last year.  Seconded by Vice Chairman Lerew.  Supervisor Decker stated that the Township has been lucky so far.  It was noted that if there is a bad winter the State will pay the Township additional monies.   The motion carried with Supervisor Decker opposing.

 

CORRESPONDENCE

1.  Robert McDermitt

Mr. McDermitt indicated that he has been fighting this process since 1989 and that he has three parcels of land that he would like to combine into one. Mr. McDermitt questioned why he was called by Chairman Lambert the evening before the meeting to question why he was coming to the meeting. Mr. McDermitt stated that he has one deed but the Courthouse needs a letter from the Township.   Solicitor Schorpp stated that Mr. McDermitt would need to do a reverse subdivision or ask the Township to waive the reverse subdivision and then get a deed to have all the parcels combined into one.  The Township would need a deed of consolidation along with a sketch plan and then they could waive the reverse subdivision.  It was noted that this deed should be done through an attorney.  He was told he could bring the deed into the Township in September.

 

2.  Surety Bond Obligations – Cable Company

Correspondence had been received regarding the bond for the sale of Adelphia’s assets to Time Warner Cable and Comcast Corporation.  A signed release form is needed from the municipality and a new bond has been provided.

 

Motion:           Supervisor Brown made a motion to sign the release form regarding the cable company.  Seconded by Supervisor Shambaugh.  It was noted that the Chairman should sign the release form.  The motion carried unanimously.

 

3.  Renewal of Volunteer Accident Policy

Correspondence had been received from Koeman Insurance Group regarding the renewal policy for the Volunteer Accident Policy with an annual premium in Tier 2 for $400.00.

 

Motion:           Chairman Lambert made a motion to renew the Volunteer Accident Policy at a cost of $400.00.  Seconded by Vice Chairman Lerew.  The motion carried unanimously.

 

4.  Sara Toll, Northern York Region Comprehensive Recreation, Parks & Open Space Plan

A letter had been received from Ms. Toll and Chairman Lambert stated that they address her concerns on a one to one basis and that Ms. Toll should contact the Township office has to when this will be convenient for her to meet with a couple of the Supervisors.  Supervisor Decker asked why they would do this and stated that Ms. Toll asked the Board not just one or two Supervisors for a response.  Other residents would also appreciate knowing the answers.  Chairman Lambert indicated that this has been discussed for six months and there is nothing new to discuss and said it was old business and would be discussed one on one or in a letter.  Supervisor Decker said this is not the way it is to be handled.  She said in order to write a letter a board decision must be made as to what is to go into the letter.  Chairman Lambert disagreed.  Supervisor Decker asked who would decide what goes into the letter and Chairman Lambert said Supervisor Brown is the point man.

 

Mr. Ron Stevens stated that as public information when will the questions from the June 13, 2006 public meeting be answered.  Mr. Stevens stated that his questions from the March meeting had been answered by Supervisor Brown but should be public information.

 

Solicitor Schorpp stated that the letter Mr. Stevens received from Supervisor Brown was from him only and are not to be attached to the minutes.  Solicitor Schorpp stated that as a matter of policy for the Board is what it wants to do with these types of requests.  Legally the matter has already been decided and until a majority of the Board wants to re-visit this issue it does not need to be discussed any further, but as a matter of policy if the Board wishes to respond they can.  Chairman Lambert indicated that he made a decision not to address this issue anymore.  Supervisor Decker stated that Chairman Lambert is only one person and not the entire Board.

 

Motion:           Supervisor Decker made a motion to hear Ms. Toll’s comments.  Seconded by Vice Chairman Lerew.  Solicitor Schorpp stated that he wants to make this clear, there is case law that a matter not of current business does not have to entertain comments from the public.  A decision has been made, but under public comment if it is current business then the residents have a right to comment.  It was noted that the Board has already made a decision on this matter. The vote of the motion is as follows:  Supervisor Decker and Vice Chairman Lerew: – yes; Chairman Lambert, Supervisors Shambaugh and Brown opposed.  The motion was denied.

 

Mr. Stevens asked if a final copy of the guide is available.  It was indicated that anyone can get a copy of the document, with paying the copying cost with the page from the minutes indicating the adoption.  Supervisor Decker asked Solicitor Schorpp what is the legality of adopting a plan that was not complete.  Solicitor Schorpp indicated that it was complete with deletions.  Supervisor Decker stated that DCNR said it was not complete and we were told it was complete and ready for adoption.  We were told a falsehood.   Solicitor Schorpp stated that the document that was here was complete as a standpoint of being a document.  The document was adopted with the deletions of trails and eminent domain.  DCNR may not consider it a complete document from the standpoint of a regional plan.

 

Vice Chairman Lerew asked what was voted, to be used as a guide, so does that mean we are not locked into anything.  It is noted that is correct and anything used in the guide would have to have a Township vote.

 

 

 

5.  Federal Surplus

A letter was received from Federal Surplus to update the information for Franklin Township.  It was noted that the previous Secretary’s name is the list of person who can purchase from Federal Surplus.  Chairman Lambert had already taken care of it.  Supervisor Decker said these things need to be taken care of in a meeting and not by one person.

 

Motion:           Supervisor Shambaugh made a motion to change the name from Linda Hansen to Nancy Zentmeyer.  Seconded by Vice Chairman Lerew.  The motion carried unanimously.

 

6.  Letter from Robert Yerger

Supervisor Decker commented on Mr. Yerger’s letter requesting a written response be sent to him about his two previously approved building lots with regards to the proposed zoning ordinance and non-conforming uses.  Solicitor Schorpp stated that the Township does not give those kind of opinions.  Mr. Yerger can have a copy of the relevant provision in the subdivision ordinance.  An interpretation is not the Board of Supervisors to make.  Mr. Yerger stated that he needs to know what the proposed zoning ordinance indicates in relation to his properties. Mr. Yerger said then your saying the taxpayers of the Township don’t have the proper right to question what some language means as far as the adoption of the ordinance which is yet to come.  Solicitor Schorpp said he doesn’t have the right to a binding opinion on what it means from the board or the solicitor. Solicitor Schorpp stated that he needs to read the ordinance and either himself or by private counsel make a determination.   The Township does not give binding opinions of a private situation.  It was also noted that any opinion given by the Board would not be binding anyhow.  The proper channel is  through a Zoning Hearing Board.  It was noted that Mr. Yerger can also give comment at the public hearing of the zoning ordinance.  Again Solicitor Schorpp stated that Mr. Yerger is asking for an interpretation that he can rely on in the future.  The Board of Supervisors is not the decision maker in this situation.  First the Zoning Officer makes the interpretation and if the resident is not happy with that decision it then goes onto the Zoning Hearing Board and if it is not resolved there it then goes on to the courts.  Mr. Yerger said he had sited his situation and he was assured and the citizenry was assured it was a grandfathering situation.  Grandfathering is not in the ordinance.  Chairman Lambert and Mr. Yerger talked and Chairman Lambert assured him that it is a grandfathered situation and committed to sending him correspondence.    There was further discussion on the concerns of the ordinance pertaining to non-conforming uses and lots being grandfathered.  Solicitor Schorpp stated the proper course of action is for Mr. Yerger to read the ordinance, or section of the ordinance, and to address those concerns at the public hearing.  This would be the time to correct those sections.  Chairman Lambert asked the solicitor if nonconforming isn’t a generic term for grandfathering.  Solicitor Schorpp said some things are grandfathered and some are not depending on the precise text of the ordinance.  Chairman Lambert asked if deeded lots having less than 4-acres would be  considered nonconforming.  Solicitor Schorpp said not necessarily and gave an example of someone owning 4 one-acre lots side by side at the time of the adoption of this ordinance, they would not be grandfathered.  The property owner is required, because they have the ability to do so to make one conforming lot.

 

Supervisor Decker stated that Chairman Lambert has again written a letter or made a decision on his own without Board action, and noted that this is not proper as it is not a one member Board.   The Board still has not received copies of correspondence that was sent to Chairman Lambert’s home.  It has been twice we haven’t received letters that were sent to Chairman Lambert.  Now we have 2 or 3 decisions tonight he has made on his own and sent out letters and changed things we knew nothing about.  This is not a one member board it is five.

 

 

 

 

PUBLIC COMMENT

Ms. Ammons  asked if there is anything else that can be done about the situation of one Board member writing letters or making decisions besides just putting this in the minutes.  Chairman Lambert stated that he will not do this anymore.

 

Cynthia Jones from Franklin Church Road stated that she applauds the efforts to enact the zoning ordinance.  She stated that she is sure no one wants a pig farm, halfway house or adult bookstore moving in beside them.  No zoning is perfect but it is more perfect with zoning than without and stated that the Township should of had this 20 years ago.  There was discussion on controlled growth in the Township.  Supervisor Decker indicated that the Township has waived the modules on subdivision plan for 100’s of units.  The pro-zoning people when addressing something always use the scare tactics of a pig farm or adult establishment.  Supervisor Decker feels with zoning you are giving up your freedom.  It was noted that preserving open space will not happen without this control.  It isn’t happening now and we do have control with our ordinances which are being waived.  You want more rules but we’re not using the tools we have right now.  We have waived modules without knowing if there will ever be capacity.

 

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 noted that he has a problem with the bill from DriveKore with the numbers not matching between the invoice and statements the Roadmaster had received.  There was discussion on the amount of $369.00 for the rental of a wacker and it was suggested that the Roadmaster look at the cost of buying a wacker compared to renting.

 

Motion:           Supervisor Shambaugh made a motion to approve the payment of the bills with the exception of DriveKore until the figures can be verified.  Seconded by Chairman Lambert.  The motion carried unanimously with Supervisor Decker opposing the payment of the zoning portion of the KPI bill.

 

PUBLIC COMMENT

Mr. McDermitt questioned why the police department is being paid to sit in Washington Township in order to catch speeders.  It was noted that they sit on Route 194 near Game Road, which is south of Franklintown, when this is a state road.  Chairman Lambert noted that he will check into this.

 

ADJOURNMENT

Motion:           Chairman Lambert made a motion to adjourn the meeting.  Supervisor Decker stated that she wanted to thank Deana Weaver for the clean-up of Dogwood Run.  It was also noted that she is working with Messiah College to do this clean-up.  Seconded by Supervisor Shambaugh to adjourn the meeting at 10:30 p.m.   The motion carried unanimously.

 

Respectfully submitted,

 

 

 

 

 Nancy Zentmeyer, Township Secretary