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, John Shambaugh, Naomi Decker, and Gary Brown. Also present were Solicitor Edward Schorpp, Engineer Timothy Knoebel, and Secretary Nancy Zentmeyer. Visitors and guests are on the attached sign-in 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 minutes of
AGENDA AMENDMENTS
Chairman Lambert asked if any of the Supervisors had any agenda amendments. Supervisors Brown, Shambaugh and Lerew indicated that they had none. Supervisor Decker noted that she would like to add the York County Association of Townships of the Second Class Convention and the Local Government Advisory Committee Meeting and Dinner under Correspondence. Supervisor Decker asked if the letter received from Linda Walker should be discussed regarding building issues. It was noted that this is in the Building Permit Officer’s report.
ORGANIZATION REPORTS
Police – Chairman Lambert
gave the Police Report. Year to date
there have been 89 calls which is 12.3%.
Fire – Chief Cook gave the
Fire Report. There were 2 calls in
DAA – Mr. Lynn Potts
indicated that the same situation still exists with the
Emergency Management – There was no report given.
Zoning Committee – Mr. Bob
Eichelberger submitted comments on the proposed zoning ordinance and the public
hearing to be held on October 26th.
Supervisor Brown recommended that the Township make sure they are ready
for the public hearing on October 26th with the issues from YCPC and
some housekeeping. Chairman Lambert
stated that the non-conforming lot issue should be addressed. There was discussion on scheduling another
meeting with Mr. Picarelli and Ms. Fackler to take care of any loose ends. It was noted that the County Planning
Commission seems to repeat their comments.
Supervisor Decker suggested having a zoning public hearing at another
location and suggested Franklintown Fire Co.
That building is not available on Thursday evenings. It was noted that the Township should provide
enough space for the residents. Other
locations such as the Community Center and
Motion: Supervisor Decker made a motion to
change the advertisement of the location of the zoning public hearing to
SUBDIVISION AND LAND DEVELOPMENT
Williams’ Townhouse Estates, Time Extension
Motion: Chairman Lambert made a motion to
grant the time extension for Williams’ Townhouse Estates plan until
Marlin & Nancy Fleming,
Time Extension
Motion: Chairman Lambert made a motion to
grant the time extension for Marlin & Nancy Fleming plan until
Motion: Chairman Lambert made a motion to
grant the time extension for Sherwood Height plan until
William Eichelberger, Time
Extension
Motion: Chairman Lambert made a motion to
grant the time extension for William Eichelberger plan until
Loren Stough Planning Module
Engineer Knoebel stated that module was sent to DEP several months ago and it is for lots already subdivided which were approved for denitrification, which is no longer allowed by DEP. The module itself was submitted to DEP, and a hydogeologic study was done. DEP came back with comments and the applicant has prepared revisions to address the comments and the Township needs to make a motion to adopt the planning module and send to DEP.
Motion: Supervisor Shambaugh made a motion to adopt the planning module for Loren Stough and submit to DEP. Seconded by Supervisor Decker. The motion carried unanimously.
Quality Greenhouses, Phase II,
Engineer Knoebel indicated that there is a sewage module that needs to be sent to DEP and that this plan is up for action tonight. The 3 waiver requests having to do with the stormwater management are justified and have been recommended by the Township’s Planning Commission. The applicant has prepared an estimate for bonding in the amount of $232,432.00 which has been approved by the Engineer. The applicable developer’s improvement agreement will need to be executed. One issue that was brought up by the Planning Commission was the fence detail which needs to be added to the plan.
Mr. David Nesbit and Mr. Charles Junkins were present to represent this plan. Engineer Knoebel reviewed the 3 waiver requests as follows:
These requests deal with the stormwater management ordinance.
1. 1-2004, Section 5.c.4.b – to permit the basin embankment to have a slope exceeding 4:1.
2. 1-2004, Section 5.c.2.b.10 – to allow a maximum pool depth greater than 8 feet.
3. 1-2004, Section 5.c.3.c.6 – to permit the bottom of the retention basin to be less than 12 inches above
the limiting zone.
Supervisor Shambaugh questioned waiver #2 in regards to the pool depth being within the fence. It was so noted and waiver #3 if the NPDES was approved, this also was so noted.
Motion: Supervisor Shambaugh made a motion to approve the 3 waiver requests as submitted. Seconded by Supervisor Brown. Supervisor Decker asked what the slope will be and it was noted 2:1. The depth of the pool was also questioned. It was noted that it will be 17 feet. The motion carried unanimously.
Motion: Chairman Lambert made a motion to forward the sewage module. Seconded by Supervisor Shambaugh. The motion carried unanimously.
Mr. Nesbit indicated that the
applicant has received approval of all but the sewage module and is asking for
conditional approval. It was noted that
there is one sand mound on a large amount of acreage. With all of the others issues taken care of
this would give Quality Greenhouse the opportunity to move forward. Chairman Lambert indicated that he does not
like conditional approvals. Supervisor
Shambaugh stated that in this case he sees no major problem either way, but may
not get module approval until next month.
They have already gone through
Solicitor Schorpp noted that the waivers, bonding, and the agreement have been taken care of and that he has reviewed the agreement and finds it to be in compliance, which will need to be signed and recorded with the plan. There is not a whole lot of risk involved at this point. Mr. Nesbit stated that if a conditional approval was granted this plan would not have to come back to the Supervisors, but once the sewer module is approved by DEP then the plan could be recorded. There would only be grading up to a certain point. Solicitor Schorpp stated that if the Supervisors are inclined to do this it would take another waiver. Mr. Nesbit noted that they have made a good faith effort to comply. There was discussion on the sewer module which was submitted in April and then again in August. Engineer Knoebel indicated that there were concerns with the hydro geological study that may have delayed the module and kept it from moving forward. Supervisor Shambaugh noted that there is a policy here and did not see a need to override it. By next month the applicant may or may not have DEP approval.
Motion: Chairman Lambert made a motion to
grant the time extension to Quality Greenhouses until
Mr. John Williams was present to
represent this plan. The item discussed
was the waiver request to Section 514.a.8 –
Motion: Chairman Lambert made a motion to grant the waiver request to Section 514.a.8. Seconded by Supervisor Shambaugh. The motion carried unanimously.
Supervisor Decker asked about the CREP program and it was noted that this is a small area and it will remain in the CREP program. It was noted that usually when there are 2 lots there is soil testing or a note on the plan that the lot will never be built on. Mr. Williams indicated that the lot cannot be built on for at least 10/12 years. There is a note on the plan regarding the waiver request.
Motion: Chairman Lambert made a motion to approve the Lynn & Barbara Paxton, Final Minor Subdivision Plan. Engineer Knoebel made a point of reference the exemption card needs approved. Supervisor Decker asked what is the process if someone would want to build on the lot would a planning module needed to be submitted or is just a perc test needed. It was noted a planning module would have to be submitted. It was noted that the exemption card has not been submitted to DEP and therefore the Township has not received the approval letter. Supervisor Shambaugh noted he is not willing to act on this plan, since it is in the same position as the last plan.
Motion: Supervisor Decker made a motion to send the exemption card to DEP for the Lynn & Barbara Paxton Plan. Seconded by Chairman Lambert. The motion carried unanimously.
Pearlman Final Subdivision Plan, Completeness
It was noted that there were 2 items needed as follows: a notarized owner’s acknowledgement as noted in Section 305.a.3 and existing features drawn to scale including site location, property boundary and description, tax map and parcel number as noted in Section 305.a.4. A new plan had been submitted and does have all the required information and it can now be forwarded to the Planning Commission.
Mr. Rodney Decker asked if he could address the plan at this time. Chairman Lambert asked if he has an objection and Mr. Decker indicated that he does due to a legal matter and he wishes there be consideration before moving this plan on to the Planning Commission. Solicitor Schorpp indicated that the Township is obligated to move this to the Planning Commission. Mr. Decker asked if a planning module had been submitted. Solicitor Schorpp asked does this pass the completeness review and if not then action would need to be taken. It was noted that it does pass the completeness review. Mr. Decker gave the Supervisors a copy of a letter from his attorney for review and indicated that he is the adjoining property owner and did prepare the original plan. Solicitor Schorpp again indicated that if the plan is complete it has to be passed on to the Planning Commission.
J.H. Myers Truss Facility, Waiver Request
A sketch plan was submitted to
the Planning Commission due to the fact that there is a small portion of this
plan in
Solicitor Schorpp indicated that the plan be filed with the Township and the Board do a routine approval.
Motion: Supervisor Shambaugh made a motion to waive the formal review with the 3 conditions as noted by the Planning Commission. Seconded by Vice Chairman Lerew. The motion carried unanimously.
REPORTS
Engineer
1.
Engineer Knoebel stated that a
request was made to look into a property on
Motion: Supervisor Shambaugh made a motion to send a letter to the property owner to set-up a meeting with Supervisor Shambaugh, Engineer Knoebel and the Roadmaster to review this situation. Seconded by Chairman Lambert. The motion carried unanimously.
2. Dave Leininger Bond Reduction
Engineer Knoebel noted that this
is for a plan on
Motion: Supervisor Shambaugh made a motion to release Mr. Leininger’s Letter of Credit in the amount of $19,464.00 and that Mr. Leininger submit to the Township a maintenance bond in the amount of $1,950.00. Seconded by Supervisor Brown. The motion carried with Supervisor Decker abstaining due to professional involvement.
Solicitor
1. Resolution to Accept
Solicitor Schorpp noted that
there is a Resolution to accept
Motion: Chairman Lambert made a motion that
the Resolution for
Building Permit Officer
Mr. Fahey was presented his report. He apologized for his August report not submitted on time and it has been re-submitted. He thanked Engineer Knoebel for his efforts in working an ‘emergency’ stormwater management issue.
There are some clarifications needed on 2 properties in the Township. Property #1 is a report of 2 residences on one property which is in violation of the UCC and Township ordinances. Property #2 is a report of a body shop being run out of a home. Solicitor Schorpp indicated that the Township cannot stop accepting plans and applications for permits. Until the zoning is adopted it would have to be done on a case-by-case issue. There was discussion on the non-conforming uses, no impact businesses and the need to have a record of these properties and what is in existence prior to zoning. It was suggested that businesses in the Township should register with the Township with the name of the business and the location. It was noted that no-impact businesses are permitted in every residential zone. Supervisor Decker stated that these are just the freedoms being striped by zoning. Mr. Fahey also discussed zoning implementation since it is impending with such issues a standardized letter and the use of GPS. Supervisor Shambaugh noted that this could be discussed with Mr. Fahey at a later date and that it be tabled for now. A copy of the Building Permit Officer’s report is on file at the Township office.
Roadmaster
The Roadmaster’s report has been submitted is on file at the Township office with nothing to be added.
Park & Recreation
1. Soccer & Baseball Associations – Input on Field Use
Mr. Mark Tetkoskie from Dillsburg
Baseball was present. Chairman Lambert
asked Mr. Tetkoskie where this organization is now and what is the projected
use for 5 years out. Dillsburg Baseball
this year had slightly over 400 kids in the program plus this year a division
was added for the handicapped. Last year
there were 16 teams, 5 instructional, 1 junior teener team. This year the
numbers did not go down and there is more of an interest with the younger kids,
ages 4, 5, and 6. At the current time
the 3 fields at
Mr. Bill Cressler from the Soccer
Club gave his information. They
currently use 3 different size fields with 2 major programs. There are under ages 6 & 8 that mostly
use the fields at Kings Kid Camp, which is not in good shape. There was discussion with the Park &
Recreation Board with using
Mr. Trevor Zahniser from Melham
Associates presented the Supervisors with handouts of the cost estimated, the
key person interviews and a plan of Option “D”.
On page 2 of the key person interviews it shows a table of the
priorities given for
Supervisor Decker stated that questions have been raised about the space where the road goes in, the parking areas and the soccer fields are close together. It was noted that the existing field has been dropped down further but with the first terrace it may have to come back up some. Chairman Lambert indicated that he counted 101 parking spaces. Supervisor Decker stated that this was hard to plan with no adequate time to do so, but when spending $11,000.00 for a master plan you should take your time to receive input. It was noted that there was no public meeting held for this plan. Supervisor Decker stated that she tried to get in touch with the County today. Also Section 303 in the Park & Recreation guide indicates advertising and this was not advertised as such. . Mr. Zahniser indicated in the DCNR policy there are guidelines you have to follow and in the MPC the requirements for advertising is for Comprehensive Plans. It was noted this plan does not need to have a legal ad.
Chairman Lambert indicated that Mr. Zahniser did an outstanding job and gave the Township what is needed with the fields, parking spaces, playground equipment etc., but would like to move this project forward unless a public meeting is needed. It was noted that for the square footage it seems we got the most of what is there. Vice Chairman Lerew also added that this is only Phase 1 for right now. When there is double use facilities the various groups have to work together with maintenance. Mr. Zahniser said that the Board needs to resolve to support their share of the grant. It was asked if anyone in the audience had any questions and the question was asked if the grant is specific to a plan. It was noted the master plan. Also would the grant cover upkeep, and it was stated it would not. The maintenance would be up to the Township. There was discussion on DCNR standards for advertising and the requirements of DCNR grants. It was noted that the Township will not know until May or June if they are going to receive the grant.
Motion: Supervisor Shambaugh made a motion to adopt by Resolution the appropriate form be sent to DCNR and that the Township agrees to pay their share of the grant. Seconded by Chairman Lambert.
Mr. Ron Stevens asked what if there is no grant, what are the Township’s plans. It was noted that either the Township would do the work themselves or try for another grant next year. Mr. Stevens stated that there should be a public meeting. Again Phase 1 consists of the site work, erosion & sedimentation control, the fields, parking lots and roadways. The parking lots and roadways are designed to be gravel in order to keep the cost down. With the design and supervision the grant cost is $123, 063.00 and there are donations being estimated up to $13,000.00.
Chairman Lambert recessed the
meeting at
The meeting reconvened at
Supervisor Decker noted that she is really torn about this but there is concern that the process has been to quick and the issue that a public meeting would be held after the fact. Input from a public meeting would be very beneficial in the layout. There is concern where the road comes into the park that it is crunched and the mobility of the parking. Mr. Zahniser stated that there is “wiggle” room. It is noted that there is 21-acres and approximately one-third is woods. Chairman Lambert said there are 3 fields, parking spaces and an outstanding job was done on this plan and it needs to move forward.
The motion carried with Supervisor Decker voting No.
Solicitor Schorpp stated that before we leave this subject, Supervisor Decker had mentioned that there was never a finalized relationship with Melham Associates and that a service agreement is needed as there is no written document. Supervisor Shambaugh stated that the Supervisors did meet regarding this proposal and did make a motion. The fee acted on was $10,998.00. Solicitor Schorpp wanted everyone to be clear on this. For the fee of $10,998.00 Melham agrees to do all the services necessary to get the grant application to the State for that amount with no supplemental bills. Mr. Zahniser said they would do what was in the proposal. It was noted that there is a written proposal.
Supervisor Brown stated he wanted
to comment on promoting cooperation with other municipalities to increase the
Township’s odds of getting the grant.
With the cooperation of other municipalities, if
Chairman Lambert asked Supervisor
Brown if the Township is talking about cross cooperation between the 2
Townships with the grants. It was noted
that is what is intended. Supervisor
Decker objected because of
Motion: Supervisor Brown made a motion to pledge $500.00 to
Motion: Supervisor Brown amended this motion to
approve the pledge of $500.00 if approved and to have Solicitor Schorpp check
into this and also that a letter of support be sent. Seconded by Supervisor Shambaugh. Mr. Ron Stevens asked how the donation helps
the Township. It was noted that letters
of support from organizations do help with the grant applicant whether it is
either monetary or in-kind services. A
letter of support has been received from the Girls’ Softball. If this is legal then the Township can
support another Township. Supervisor
Decker asked if
The Motion carried with Supervisor Decker opposing.
OLD BUSINESS
It was noted that there is no Old
Business to discuss.
NEW BUSINESS
1. Schedule Trick or Treat Night
It was noted that the surrounding
municipalities have been contact and they are holding Trick or Treat Night on
Motion: Chairman Lambert made a motion to
schedule Trick or Treat Night on
2. Humane Society 2007 Animal Protection Service
Agreement
Chairman Lambert stated that this be tabled until either October or November since the renewal is not due until January 2007.
3. Copier Lease
There was discussion on renewing the copier lease with Engle Business Systems. The Township is currently paying $132.38 per month and with a couple of added items to a new copier the cost would be $153.63.
Motion: Chairman Lambert made a motion to accept the proposal from Engle Business Systems. Solicitor Schorpp stated that if this quote is over $4,000.00 the Township is required to get 2 additional quotes unless the Township is getting no extras on the copier. This matter is to be tabled until the October Board of Supervisors meeting.
4. Schedule Budget Meetings
There was discussion on the dates
to schedule the budget meetings. It was
noted that anytime starting with the week of October 16th would be
acceptable. Two dates were given as
October 23rd and October 24th. There was also discussion on whether the
Supervisors want a day or evening meeting.
Vice Chairman Lerew indicated that he is available on Mondays and
Tuesdays. It was determined that Monday,
October 23rd and Monday, October 30th, both beginning at
CORRESPONDENCE
Supervisor Decker requested that
she would like to attend the York County Association of Townships of the Second
Class which is to be held on
Motion: Supervisor Shambaugh made a motion to authorize Supervisor Decker to attend the York County Association of Townships of the Second Class at a cost of $18.25. Seconded by Supervisor Brown. The motion carried unanimously.
Supervisor Decker requested that
she would like to attend the meeting of the Local Government Advisory Committee
on
Motion: Supervisor Shambaugh made a motion to authorize Supervisor Decker to attend the Local Government Advisory Committee meeting at a cost of $29.75. Seconded by Supervisor Brown. The motion carried unanimously.
PUBLIC COMMENT
Mr. Bob McDermitt submitted the
fire report from Franklintown Fire Company.
There were a total of 13 calls to
Mr. Fahey indicated that the Secretary’s computer needs to be updated or a new one bought. Chairman Lambert stated that we need to decide what we need. Mr. Ron Stevens stated that he is willing to advise the Township on what type of computer would be best along with the software. It was noted that the Township could go through the State piggyback contract and then there would be no need for quotes or bids. Solicitor Schorpp stated that the Township would need the Costars number. It was noted that through the State contract price all software would be included.
Supervisor Brown also noted that the adult education program was sent out this week.
Mr.
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.
REPORTS
Park & Recreation
Supervisor Decker stated that she
did not give her report on Park & Recreation. It was noted that there was vandalism done at
the
APPROVAL AND PAYMENT OF BILLS
There was discussion on the bill
from Steve Morrett. It was noted that is
for the vandalism that was done at the
Motion: Chairman Lambert made a motion to approve the bills for payment. Seconded by Vice Chairman Lerew. 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 E. Zentmeyer
Township Secretary