Board Of Supervisors Meeting Minutes 2002
JUNE 6, 2002
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Barry Stone, Zoning/Code Enforcement; Lori Scott, Secretary/Treasurer
The meeting, held at the Franklin Township Municipal Building, was called to order at 7:30 p.m. by the Chairman, Craig Hartley.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
Bob Cullison, Franklin Township Municipal Authority, and Robert McQuaid, Franklin Township Municipal Authority Solicitor, was present to clarify the intentions of the Authority regarding the Mandatory Water Ordinance.
The water authority is asking the Supervisors to update the 1993 Mandatory Water Ordinance to include wording which states, everyone within the water service area must hook in to the service and must use the service. Currently, the ordinance indicates that only certain households must be hooked in, and does not state that those who are on water service must use it for their water source. Solicitor Davis informed the Board that, in his opinion, the current ordinance is legally deficient. Davis indicated that a mandatory water ordinance must encompass all within the service area. Residents within the service area who are not hooked into the water supply voiced their concerns, and firmly do not want a mandatory ordinance. Supervisor Hartley asked Cullison to provide him with financial figures which will show the financial benefit the Water Authority will gain by changing the ordinance. Also Hartley asked Solicitor Davis to provide case law to the Board which indicates that the 1993 Ordinance is deficient. The Supervisors agreed to review the information once it is received, and will discuss the matter at the July Supervisors Meeting.
John White, Attorney for Mr. Sturgess, was present to discuss with the Board Sturgess’s intent to construct a golf course along Flohrs Church Road. White indicated that the area is in the Agricultural District. Because golf courses are not specifically mentioned, White asked for an interpretation from Solicitor Davis on how a golf course would be classified in the Zoning Ordinance. Davis indicated that, in his opinion, a golf course would be classified as an “outdoor recreational establishment”, which is not a use allowed in the Ag Zone. White asked Davis if it would be a possibility to change the zone to one which would allow the golf course. Davis indicated that there are two options. Sturgess could ask for a zoning change, or he could ask for a conditional use. Supervisor Hartley indicated that Sturgess should provide detailed information, such as storm water management, types of fertilizer to be used, etc. Hartley suggested that Sturgess provide the Planning Commission with as much information as possible, in order for the township to consider the options. Hartley commented that he would like to know how the residents in the area would feel about having the golf course constructed, and realizes that the alternative could end up being a housing development on the land. Sturgess and White agreed to gather as much detail as possible for the Planning Commission and the Supervisors for their July meetings.
APPROVAL OF BILLS
FINAL PLANS
REPORTS
Barry Stone, Zoning/Code Enforcement Officer, reported that for the month of May there were 19 building permits issued with a construction value of $615,000. Stone conducted 31 site visitations, issued 3 warnings, 2 trash violations, 1 stop work order,1 storage permit, and 1 demolition permit.
Lori Scott, Secretary/Treasurer, questioned whether the July 4, 2002 meeting would be rescheduled for July 11, 2002, due to the holiday. Supervisors agreed to the July 11 date at 7:30 p.m. Secretary Scott will advertise the change.
Scott also made a recommendation to the Supervisors to consider the quote from Capital Blue Cross for the township’s health insurance plan.
Lastly, Scott reported that she has invited PIRMA to submit an insurance quote on vehicles and inland marine, in order to make a comparison with the township’s current policy and premiums.
Craig Hartley reported that the seal coats with oil & chip were completed on Flohrs Church, Short Cut, and Sunset roads. The shoulders were cut on Bingaman, Peach Tree, Sunset, Scott School, Club, and Bottom roads. The road crew will resume cutting shoulders next week. The new F550 truck is complete, and has been received by the township. The first part of oil & chipping for the year will begin on June 24th. Lastly, Hartley informed the Board that the paving projects for the year will be completed under budget.
Supervisor Fetter asked if the Economic Development Committee is still active. Secretary Scott informed Fetter that the committee agreed not meet on a monthly basis unless there was new information that needed to be discussed. At this point, there has been no activity for months. Hartley suggested that the committee members be contacted to ask for their input on whether to disband the committee or to keep it active. Merry Bush, Franklin Township Economic Development Committee member, suggested that if the Supervisors were to disband the committee, and if there ever became a need to reestablish the committee in the future, the original committee members should have the first chance to serve. Supervisors agreed. Hartley asked Secretary Scott to send a letter to the committee members asking for their opinion on the matter.
Supervisor Biggins reported that the first Franklin Township Safety Committee meeting was conducted this evening. There was representation from Cashtown and Buchanan Valley Fire Departments. Biggins indicated that the meeting was well received by all who attended, and it was agreed to meet on a monthly basis. Biggins indicated that a game plan was laid out, and each fire department will come back with their own ideas.
Gil Picarelli, KPI Technology, decimated the 2001 SEO Report. Picarelli indicated that well testing is scheduled for next week on Poplar Springs Road, and sewer inspections will be conducted shortly thereafter.
OLD BUSINESS
The Supervisors read comments from the Planning Commission regarding the proposed Dog Barking Ordinance. A question was raised whether the Zoning Officer had to personally witness the excessive dog barking. The Supervisors stated that it would be up to the judgement of the zoning officer, he would not specifically have to witness the act. All supervisors agreed that the draft ordinance is sufficient, but would like Solicitor Davis to add wording which states that the complaint must be a formal written complaint signed by the complainant. Anonymous complaints will not be accepted. Merry Bush asked how many complaints are required for action, Davis stated that only one complaint is required, but the complaint cannot come from a member of the household where the dog resides. Davis will amend the draft ordinance before the next Supervisors meeting.
NEW BUSINESS
Hartley indicated that the Franklin Township web site has been updated, the address is www.franklintwp.net.
There being no further business to conduct meeting adjourned at 9:20 p.m.
Respectfully submitted,
Lori A. Scott
Secretary/Treasurer
JULY 11, 2002
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Walton Davis, Solicitor; Barry Stone, Zoning/Code Enforcement; Lori Scott, Secretary/Treasurer
The meeting, held at the Franklin Township Municipal Building, was called to order at 7:30 p.m. by the Chairman, Craig Hartley.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
MOTION by Biggins, seconded by Fetter, to approve the minutes of the last meeting as pre-read by the Supervisors. Motion carried.
GUESTS
George Sturgess, was present to inquire about the Supervisors thoughts concerning the draft of a conditional use ordinance written by his attorney, John White. And asked what the next step is to be. Supervisor Hartley informed Sturgess that Solicitor Davis made some of his own “legal” changes to the draft, and that the next step is to let the planning commission review the draft. Hartley stated that the Supervisors would like to have the planning commission handle the matter, whereas the Board will take action based on the commissions recommendation. Also Supervisor Hartley wanted to clarify a misunderstanding where Attorney John White had stated to the planning commission that Hartley relayed to White that he would be in favor of changing the golf course zone from Agricultural to Commercial. Hartley indicated, that was an incorrect statement, and he would strongly oppose changing the zone to Commercial.
Lolly Polvinali, a resident who wants to conduct a massage therapy business from her home on Mt. Carmel Road, was present to ask that the licensing and permit fees for a massagist be reduced. Polvinali indicated that she realizes the reasoning behind the high fees, but indicated that her business is not the type that falls in the category of “sexual nature”. Polvinali requests that the Supervisors consider reducing the fees.
Supervisor Hartley indicated that he would be willing to work with Ms. Polvinali, and asked her to provide information to the Zoning Officer, so that the details can be worked out with the Solicitor. Harley indicated that he desires to be very careful that the Supervisors do not undo any restrictions set for “sexually oriented massagists”, by granting the reduction. Ms. Polvinali replied that she will provide all the necessary information to validate her occupation.
Blanca Rivera Kump stated that she was present to make sure that nothing was being said about her.
APPROVAL OF BILLS
MOTION by Fetter, seconded by Biggins, to approve Bill List #7 checks 21331 – 21396 & 6146 – 6149, totaling $61,279.91. Motion carried.
PRELIMINARY PLANS
FINAL PLANS
Barry Stone, Zoning/Code Enforcement Officer, reported that for the month of June 2002 there were 19 building permits issued with a construction value of $446,000, Stone conducted 38 site visitations, issued 2 warnings, 1 trash violation, 1 gathering permit, and 2 demolition permits.
Craig Hartley, Road Superintendent, reported that the shoulders were cut on Pine Valley Road and Old Route 30. Oil & chipping was completed on Orchard, Peach Tree, and Bingaman roads. The hill on Bingaman Road, at the intersection of Greenridge Road, is scheduled to be taken off starting on July 29th .
Supervisor Fetter requested a personnel meeting between the Supervisors and Barry Stone.
OLD BUSINESS
In regards to the drafted dog barking ordinance. The Supervisors all agreed to request that Solicitor Davis remove the “shrieking birds” wording from the ordinance. The ordinance will be intended for dogs only. Davis will re-draft before the next meeting.
In regards to the mandatory water hook-up ordinance, the Supervisors acknowledged that the current Mandatory Water Ordinance is invalid, based on case law provided by Solicitor Davis. Hartley commented that the only thing anyone could do is to inquire about the detailed plans of the Water Authority. Hartley suggested that interested persons should attend the Water Authority meetings on the first Tuesdays of every month. Hartley invited anyone who would like to see the financial statistics which were provided by Bob Cullison to stop by after the meeting. Solicitor Davis indicated that the Supervisors have two choices, they may re-write the ordinance to state that everyone in the service area hook up or that they decide not to have an ordinance. Davis indicated that in the latter example, it is awfully hard to conceive to create an Authority to provide water, have them spend a lot of money, and then not require anyone to hook-up.
NEW BUSINESS
Supervisor Hartley asked Solicitor Davis if he could attend the next Planning Commission Meeting, at the request of the Planning Commission. Davis will confirm with Secretary Scott.
Jay Brasee was present to ask Barry Stone if he could contact the property owner at the corner of Old Route 30 and Orrtanna Road, to see if they would trim the hedge that is blocking the view of motorists. Brasee feels that this is a hazardous situation. Stone agreed to talk with the property owner.
There being no further business to conduct meeting adjourned at 7:55 p.m.
Respectfully submitted,
Lori A. Scott
Secretary/Treasurer
AUGUST 8, 2002
SUPERVISORS PRESENT: Craig Hartley, Tim Biggins
OTHERS PRESENT: Barry Stone, Zoning/Code Enforcement; Lori Scott, Secretary/Treasurer; Gil Picarelli, KPI Technology
The meeting, held at the Franklin Township Municipal Building, was called to order at 7:30 p.m. by the Chairman, Craig Hartley.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
John White, attorney for George Sturgess was present to confirm that the Planning Commission voted to recommend to the Supervisors to add Golf Course as a conditional use to an Agricultural Zone and to send the ordinance onto Adams County Office of Planning and Development for review. White also requested that the Supervisors authorize the advertisement of the ordinance for public hearing, and refer it to County Planning for review. Supervisor Hartley stated that the Supervisors have received and reviewed the comments from Solicitor Davis and asked Pat Schindel if there were any comments from the Planning Commission. Schindel stated that the majority of the Planning Commission wanted to have a workshop before the ordinance was passed to the Supervisors. However they agreed to send the ordinance to the Supervisors and to the County for review. Hartley informed Schindel that by sending the Ordinance to the County does not set anything into stone, and that the Supervisors will take public comments at the advertised Public Hearing. Schindel said that the Planning Commission members want to have a workshop before the next Planning Commission meeting. Hartley informed Schindel that the Public Hearing will tentatively be set for sometime in October to give the county plenty of time for review and to wait to see what Supervisor Fetter’s schedule will be. Supervisor Hartley asked Schindel if she wanted to have the workshop prior to that hearing, maybe in September. Hartley informed Schindel to let Secretary Scott know of a date, so that she can check with the other Planning Commission members and advertise. Schindel said that the Planning Commission members all wanted to have the workshop in September at right before the Planning Commission meeting at 6:00. Schindel asked the Supervisors to just have Secretary Scott send a notice to the Planning Commission members to let them know that they are going to have a workshop.
Dr. Robert Shockley, resident from Caledonia Acres, was present to present the Supervisors with a petition from a few Caledonia Acre residents asking for the township to declare the roads in Caledonia Acres as abandoned, and also that the township consider taking over the roads (See attached petition). Supervisor Hartley Stated that there was a lawsuit several years ago where Shockley sued the township to take over that roads, where Shockley was unsuccessful. Hartley stated that the roads in Caledonia Acres are private roads and the township is legally not allowed to spend taxpayer dollars to improve private property. Also Hartley stated that it is not right to make the other 4,600 taxpayers in the township pay for improving the “private roads” in Caledonia Acres. Hartley also stated that in 1990 an engineering study was done to find out what it would cost to bring the roads in Caledonia Acres up to township specifications, and the total cost was approximately $500,000. That is a price that Supervisor Hartley and Biggins does not want the other township residents to have to bear. Shockley, indicated that the County Commissioners informed him that the roads were the township’s responsibility, and that there may be funds available to bear some of the cost. Shockley asked that a Supervisors accompany him to the next County Commissioners meeting. Hartley indicted that one of the Supervisors would try to attend.
Other residents from Caledonia Acres commented that they did not know that the roads were private when they moved there. Supervisor Biggins indicated that perhaps their realtor’s should have disclosed that information. However that is not the responsibility of the Township, nor should the township have to take over the roads because that piece of information was not shared.
Another issue Shockley spoke of was the yard sales, and a truck which sold firewood along Route 30. Shockley feels that the two issues cause a safety hazard, and are not “Keeping Pennsylvania Beautiful. The gentleman who owns the truck with the firewood indicated that if he knew this was causing such problems, that all Shockley had to do was to ask him to move his truck back off of the road a little further. He indicated that he has no problem moving his truck if people are having a difficult time seeing around it. As far as it being an eyesore, he indicated that his 11 year old son sells the wood, and enjoys make a little bit of his own money.
Mr. Jones, the property owner where the yard sales take place indicated that he does provide ample parking for his yard sale customers, and that if Mr. Shockley finds it to be an eyesore, he should just not look at it.
Srt. Gettle, PA State Police indicated the if people are parking along the side of the road, and not actually in the roadway, there is nothing that the State Police can do. Supervisor Hartley indicated that there is no wording in the township zoning ordinance which would prohibit Mr. Jones from operating his yard sales.
Srt. Gettle, PA State Police, was present to communicate with the Supervisors and other township residents on any concerns or comments that they may have.
APPROVAL OF BILL LIST #8
PRELIMINARY PLANS
FINAL PLANS
Barry Stone, Zoning/Code Enforcement Officer, reported that for the month of July there were 15 building permits issued with a construction value of $493,500. Stone conducted 27 site visitations, issued 4 warnings, 1 trash violation, 1 stop work order and 2 demolition permits. Supervisor Hartley asked Stone if he could research an animal issue brought forth by Mr. Chapman. Stone will look into the ordinances and contact Mr. Chapman with his findings.
Secretary/Treasurer Scott reported that as directed by the Supervisors at a previous meeting, Scott sent a letter to all the Economic Development Committee members asking them if they felt the need to continue as a viable committee. Scott informed the Board that 4 out of the 5 committee members responded, and it was unanimous to retain the committee as a source for discussions for anything which may arise in the future. The committee agreed that they should continue as an inactive committee, and conduct meetings on an as needed basis. Supervisors agreed to retain the committee.
Road Superintendent, Craig Hartley, reported that shoulders have been cut on Old Route 30 from High Street to Newman Road, New Road, Railroad Lane, and Jack Road. Grading was done on B&F Road and Ragged Edge Road. Poplar Springs Road from Merle Cassetts to Orchard Road is currently being re-aligned, and scheduled to pave the end of September. Dennis Robinson completed the excavation at the intersection of Greenridge Road and Bingaman Road, increasing the site distance. The last phase of oil & chipping will begin on September 9, and should take about 1 week to complete.
Gil Picarelli, KPI Technology, reported that he is very close to having Poplar Springs ready. Picarelli indicated that he may need to schedule a special meeting with the Supervisors in the near future to keep the process moving. Picarelli indicated that the project will cost somewhere between $125,000 – $150,000, where we still have $75,000 in grant money to use, against that cost. Also Secretary Scott will be again applying for more grant money in 2003.
OLD BUSINESS
NEW BUSINESS
There being no further business to conduct, meeting adjourned at 9:00 p.m.
Respectfully submitted,
Lori A. Scott
Secretary/Treasurer
SEPTEMBER 5, 2002
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Barry Stone, Zoning/Code Enforcement; Lori Scott, Secretary/Treasurer; Gil Picarelli, KPI Technology
The meeting, held at the Franklin Township Municipal Building, was called to order at 7:30 p.m. by the Chairman, Craig Hartley.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
Chairman Hartley asked, by a show of hands, how may people were in attendance to address the Dog Barking Ordinance. Most hands were shown. Hartley indicated that the draft of the proposed ordinance is available to be reviewed. Chairman Hartley indicated that the ordinance has been proposed because of the growing amount of complaints the township has received about barking dogs. Hartley asked for comments from the audience. A resident asked if the ordinance will affect using dogs for hunting. Hartley explained that hunting is a sport where dogs are generally used, therefore it would not affect any hunting practices. Supervisor Fetter explained that the ordinance was written only in regards to habitual barking dogs that bark for no reason, and continuously throughout the night. Another resident asked who he should call to get deer out of his yard, because he lives in a rural area, his dog will bark at deer which come into his yard. Jack Bream explained that he uses dogs for crop protection, and asked how the ordinance would affect this practice. Bream feels that a provision should be implicated for working dogs, and not just animal husbandry. Hartley asked if anyone else in the audience feels that the ordinance would create them a problem by the way it is written. Most hands were shown. Resident asked the Board how much, if any, investigating they have done in regards to the complaints received to find out if an ordinance is the answer, or if the complaints are only personal issues against neighbors. Hartley explained that no investigations have been conducted, but that is the purpose of the public comment period. Resident explained that his dog barks, but there are many reasons why dogs bark; they bark when they see strangers. He lives near the Cashtown Inn where his dog sees strangers all the time, therefore his dog barks. When cats in the area come onto or near his property, he explained, that his dog does not like cats, therefore he barks. Resident explained that because of society people have dogs for protection, and you don’t want to have to make them stop barking. Resident also explained that, often times, there is music from bands playing, cannon shooting, and re-enactors in the area that causes his dog to bark. He stated that his point is that before something is put into place, some investigating needs to be done to find out the real reasons why the dogs are barking from the complaints. Residents also asked who would enforce the ordinance, and how it would be enforced. Supervisor Hartley indicated that it would be very difficult to effectively enforce the ordinance. Residents asked why the Supervisors would create an ordinance that they could not enforce.
There being many others in the room with the same views and concerns, Supervisors asked the audience, by a show of hands, how many people were against adoption of the ordinance. All hands shown. Being that there were more people in attendance at the public hearing against the ordinance, than the amount of complaints that the township has ever received, motion was as follows:
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Ford 1 Ton w/plow Helicopter Applicators $3050.00
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Dodge Pickup Goetz Demolition $1380.00
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Ford 1 Ton w/plow Goetz Demolition $4785.00
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GMC Goetz Demolition $3200.00
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Dodge Pickup Gilbert Chronister $308.00
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Ford 1 Ton w/plow Patrick Arentz $3000.00
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Ford 1 Ton w/plow Jerry Clocker $2388.00
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Ford 1 Ton w/plow Dale Byers $1800.00
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Dodge Pickup Jerry Clocker $388.00
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Dodge Pickup Patrick Arentz $300.00
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Dodge Pickup Pennington Tree Experts $450.00
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Ford 1 Ton w/plow Pennington Tree Experts $2750.00
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GMC Pennington Tree Experts $2100.00
MOTION by Hartley, seconded by Biggins to accept the bids from Goetz Demolition for the 1986 Tandem Axle GMC, the 1988 Ford F350 1 Ton, and the 1985 Dodge Pickup. Motion carried.
GUESTS
Dr. Robert Shockley resident from Caledonia Acres was present to enter into official record a copy of the letter which he received from Solicitor Davis. Shockley indicated that the letter contained several errors and he feels that it is quite negative concerning the rights and privileges of the residents of Caledonia Acres. Shockley explained that the letter calls him a litigant in a lawsuit which involved the township several years ago. Shockley explained that the litigant which is referred is the Caledonia Acres Homeowners Association, which no longer exists. Shockley indicted that the letter describes the roads as lanes, and indicated that they are not lanes, they are roads. Lastly the letter indicated that Shockley contacted the township office to try to persuade a representative of the township to attend a County Commissioners meeting. Shockley indicated that at the last months Supervisors meeting, Supervisor Hartley promised him that a Supervisor would accompany Shockley to the Commissions meeting. Shockley indicated that he placed calls to each Supervisor merely to find out which one of the Supervisors would be attending. Shockley indicated that Supervisor Hartley and Supervisor Biggins did not return his call, Supervisor Fetter returned his call and explained that his was out of town on business. Shockley explained that Hartley’s actions was to have the Township Secretary call him, to indicate that he would not be attending the meeting on the advice of the Township Solicitor. Shockley indicated that the only reason to attend the commissioners meeting was to find out if there was any help, or monetary grant, available for their road system. Shockley mentioned that the commissioners made it clear to him that the final authority rests with the Township and not with the commissioners. Shockley indicted that it is the Supervisors responsibility to help the residents of Caledonia Acres to find a solution, and feels that Solicitor Davis should have explained to the commissioners who is responsible . Shockley stated that the residents in Caledonia Acres receives absolutely nothing for their taxes, and they pay just as much taxes as people who live in the adjacent development whose roads are maintained by the township.
Ms. Patty Issac, resident from Caledonia Acres, was present to state that she obtained a petition from the residents of Caledonia Acres to present to the Board.
Supervisor Hartley indicated that he would like address a few things. First of all, Hartley stated, that he did agree to attend a meeting of the Adams County Commissioners at the last meeting, however the Solicitor was not present at that meeting to be informed of the situation. When speaking with Solicitor Davis, Davis advised the Board that it was not in their best interest, or the interest of the township to attend the meeting. Hartley indicated that under normal circumstances, he does return phone calls to residents of the township. However given the extent of the past litigation, and the articles that he had read in the newspapers regarding the issue at Caledonia Acres, he realized what was developing, and decided that he will not speak one on one with Shockley, and will only address Shockley’s issues at a public meeting, where it is being recorded and a matter of public record. Hartley indicated that he is not in favor of taking over the roads in Caledonia Acres. However, if Shockley wanted to build the roads to township specifications (Hartley presented Shockley with a list of the specs) the Supervisors would be more than willing to negotiate. Hartley informed Shockley that putting $27,000 of blacktop over a dirt road, as indicted in the newspapers, is not bring the roads up to township specs. That solution is merely cosmetic, it does not address drainage, shoulders, storm water management, and it does not address how they would turn the trucks around. Hartley indicated that if all they are looking for is a cosmetic fix of $27,000, than all the property owners could pitch in for about $500 a piece. Shockley indicated that a mans word is his bond, and Hartley should have been man enough to call him personally. Hartley indicted that Solicitor Davis will address the rest of Shockley’s issues.
Davis indicted that at the time the 10 year lawsuit existed with the township, Shockley was a member of the Caledonia Property Owners Association, whereby Shockley and all members of the Association were litigants in the suit. Davis explained that in regards to attending a commissioners meeting to cite the law, that is not his job, he represents the Township of Franklin. Davis explained that Shockley could have hired a lawyer, as the Association did for 10 years, to explain the law to the Commissioners, or the Commissioners could have asked their Solicitor. Davis indicated that strangely, the Commissioners never explained to Shockley that the County now controls the land that lays under the lanes. The land under the lanes have been filed in the Tax Claim Bureau for at least 12 years. Davis explained that the residents, or an association from Caledonia Acres could go to the Tax Claim Bureau, make an offer to buy the lanes and begin to work on them. Shockley told Solicitor Davis that he is not that stupid. Davis replied by stating that if Shockley is not willing to spend money to fix up the lanes in his development, they why does he expect all the taxpayers in the township to do it. Davis indicated that Shockley made a statement to the newspaper that he could not fix up the roads because he did not own them, so this is a way that he could own them. Shockley indicated that he does not own them so he can not legally touch them. Davis replied, nor can the township. Shockley informed Davis that then Governor Ridge and the County indicated that the township owns the roads. If that is not the case then who owns the roads. Davis answered by stating that the legal title lays with Southmountain Development Corporation and the equitable title lays with the County of Adams. Davis explained that the 2nd Class Township Code does not allow a township to use taxpayers money to improve private property. What most townships do with people who want to have new roads, is to require that they build the roads first (up to township specs), offer them to the township, and then the township will decide whether or not to accept them. Davis indicated that in this township that has happened with several people. Dave Kuhn, Ray Grimes, Mt. Top Estates just to name a few. Hartley indicated that the township can not take over the roads, and even if they could, the Supervisors would be looking at having to do the same thing with all of the private roads in the township, example; Hidden Pines, Gettysburg Mountain Campsites, the Irvin Leases, etc. Hartley stated that it would not be fair to all of those people who have, in that past, paid a lot of money to bring certain roads up to specs, or to those who currently live along private roads, especially when the residents who moved into Caledonia Acres knew that they were private roads when they moved there. Hartley stated it is not fair to the people who currently live along any part of the 13 miles of dirt roads maintained by the township, for the Supervisors to vote to pave roads in a private development. Hartley again expressed that it is not fair to all those people Dave Kuhn, Ray Grimes, etc. who have taken the township spec sheet, and spent a lot of money to build the roads up to specs, for the township to turn around and spend taxpayer dollars to bring a private development up to specs. Hartley stated that he will not ever vote to take over the roads as they currently are, and it is up to the residents of Caledonia Acres to figure out how to find the money, and how to bring them up to specs, not the townships.
Patty Issac indicated that she is a taxpayer in Caledonia Acres and would like to know how her tax dollars are broken down, and what portion of it goes to the township, because she does not feel that she gets anything from the township for the taxes that she pays. Solicitor Davis informed Ms. Issac that according to the tax log, Ms. Issac pays $52.79 a year to the township in taxes. Secretary Scott informed Ms. Issac that she may have a copy of the township budget, however Ms. Issac would not be able to see exactly how her $52.79 is divided up, but she can review how taxpayers money is utilized as a whole. Ms. Issac indicted that she never knew the roads in her development were private. Solicitor Davis informed Issac that her deed is one that has restrictions attached to it stating, “all roads and driveways in or near the property hereby conveyed are to remain as private roads used by lot owners and their guests only. Issac asked what says that, Davis indicated that her deed, record book 1381, page 63.
APPROVAL OF BILL LIST #9
Pat Schindel reported on the zoning workshop for the conditional use ordinance. Schindel referred to the minutes as attached. Schindel indicated that the most pressing issue that the Planning Commission cannot agree upon is the term “development” and “subdivision”. It is undecided as to whether the developer would have the right to develop 30% of the tract after using 70% for a golf course. Hartley indicated that the Board has a public hearing scheduled for October 3, however due to the uncertainties of the development the Board may want to cancel the hearing. Hartley indicated that his feeling is that the developer should not be able to develop the entire remaining 30%, perhaps a formula could be created to limit the amount of development if a golf course is to be constructed under the conditional use ordinance. Pat Schindel asked Solicitor Davis if the definition of “subdivision” could be changed. Davis indicted that the term comes from the Municipalities Planning Code, which cannot be changed. Supervisor Fetter and Biggins agreed that they would like to take some time for further determination. All Supervisors agreed that the Planning Commission should hold another zoning workshop to determine a formula for further development, cancel the October 3rd Public Hearing, and set a hearing for November. Solicitor Davis indicated that before another hearing is set, that he should inform White/Sturgess of this decision, in case they would want to withdraw the idea, or propose a new draft. Supervisors all agreed that they are not against the golf course, but are obligated to address the development concerns. Therefore another zoning workshop will be held on October 2rd at 6:00 p.m., the October 3rd hearing will be canceled, and at this time no further hearing is set.
Barry Stone, Zoning/Code Enforcement Officer, reported that for the month of August there were 21 building permits issued with a construction value of $765,700, 23 site visitations were conducted, 2 warnings were issued, 1 trash violation and 1 demolition permit was issued.
Secretary Scott asked the Board to clarify that they agree with the fact of a lot adjoiner, of less than 2 acres, which would leave both properties with over 2 acres in the Agricultural Zone, as in the Robert Kimple subdivision plan. All Supervisors and Solicitor Davis agree that it is allowed in reference to Davis’s memo dated September 4, 2002.
Craig Hartley reported that all the roads scheduled for oil & chipping have been prepared, and the road crew will start to oil & chip on Monday. Those roads consist of Club, New, Newman, Bottom, Railroad Lane, Church, Jack, Mt. Top Estates, Flohrs Church, and the two ends of Greenridge Road. Spot paving on Short Cut, and the intersection of Greenridge and Bingaman, a portion of Poplar Springs at Ragged Edge will probably be done by the second week of October.
Dan Fetter asked Stone if he had a chance to go with the road crew to check overgrowth at intersections. Stone indicated that he has not. Fetter would like to see that done within the next few weeks. Hartley indicated that it would have to wait until the road crew has finished with the oil & chipping. Also Fetter would like to see the growth cleared back around the guide rails down from Breams pond.
Gil Picarelli, KPI Technology, decimated sample fee schedules for the township to consider. Picarelli explained the difference between the two samples. The Board agreed to have Solicitor Davis review the samples and provide an opinion at the next meeting.
OLD BUSINESS
Lori A. Scott
Secretary/Treasurer
OCTOBER 3, 2002
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Barry Stone, Zoning/Code Enforcement; Walton Davis, Solicitor; Gil Picarelli, KPI Technology
The meeting, held at the Franklin Township Municipal Building, was called to order at 7:30 p.m. by the Chairman, Craig Hartley.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
George Sturgess and Attorney John White was present to ask why the public hearing for the golf course was canceled, and to inquire as to what is taking place with the proposed conditional use ordinance, being that it has been reverted back and forth between the Planning Commission and the Board of Supervisors. Attorney White stated that he would like to see the matter brought to a head. White asked the Supervisors what their intentions are. Pat Schindel stated that the consensus of the Planning Commission at the workshop was that if a golf course was to be developed then that should be the end of any development. Schindel also informed the Supervisors that there was one member who felt that even if a golf course would be developed that Sturgess should still have the right to develop 30% of the Ag Zone. Schindel reported that the Planning Commission could not figure out what a fair ratio of development should be if the golf course were to be developed. Schindel stated that some Planning Commission members felt that it would not be fair to allow development of a golf course in the Ag Zone, and suggested that the whole idea be repealed. Schindel also informed the Board that two members stated, after the meeting, that they did not agree with the interpretation of development. In fact Rob Thaylor, of Adams County Planning and Development, faxed Schindel information stating that he also does not agree with the interpretation. Schindel stated that the two Planning Commission members also suggested that they would like to see the Supervisors pursue a new solicitor. Supervisor Hartley stated that he would never vote to replace Solicitor Davis based on this one issue, and that Davis is a good solicitor. Hartley stated that as far as the Golf Course goes, he remembers that when the idea was first brought forth, Sturgess indicated that he was not interested in further development at that time. However, in the last couple of months that has changed, therefore Hartley indicated that he suggested that the Planning Commission create a certain ratio for development. Sturgess explained that he would like to be able to have 30% of the unused acreage for development, which would be approximately 30 acres. Hartley stated that his personal opinion is that he is not in favor of that. He is in favor of a golf course with maybe a few houses, with a ratio to be figured. But to allow a golf course with 30% development on top of that it would be undermining the Zoning Ordinance, which he is not in favor. Hartley indicated that when Zoning was created, a survey was sent out to the residents and approximately 83% of the people indicted that agricultural preservation was a top priority in the Township and he will not go back on that. Hartley suggested that Sturgess should come back with an informal sketch plan showing the minimum amount of development that they are willing to do. Supervisor Fetter stated that he agrees with Supervisor Hartley, and would also like to see an informal sketch plan showing exactly where housing would be proposed. Supervisor Biggins asked how many acres of land that parcel consists of. White answered 238, and explained that the golf course would take up 100 -125 acres. White asked to clarify, that in a letter sent to the Supervisors in September, he repeated that the Sturgess family has no present plans for housing, no sketch plan exists for housing, but they are not willing to waive and release any possible future development. Particularly because it appears that sometime in the future, that area will have access to public water and sewer. White expressed that it seems that the Supervisors proposal is that housing is going to be extremely limited or eliminated, and given the location and size of the property, that is not something that the Sturgess family is willing to do at this time. Sturgess explained that they would also like to consider “smart growth alternatives”. White expressed that he would like to know what the Supervisors intentions are so that Sturgess may pursue other alternatives with the property and take the golf course elsewhere. Hartley stated that he realizes what White is saying, and he is concerned not only about the Sturgess property, but what other people in the Ag Zone might want to do in the future. Hartley explained that the Supervisors are willing to work with Sturgess, but would like to see limitations. Supervisor Biggins also stated that he is not against the project, but is concerned about opening the door for future situations. Lastly Supervisor Hartley informed Sturgess that what he wants is probably not going to happen. Attorney White explained that when sewer and water are supplied in that area Sturgess will then at that time create a housing development with 30% of the 238 acres. Although he explained that he can’t believe that the Supervisors would rather have that many houses without a golf course, than a golf course with a great deal less of housing.
Ms. Patty Isaacs, from Caledonia Acres, was present to ask the Supervisors why it is fair to use her tax dollars to fix other peoples roads, if it is not fair to use other peoples tax dollars to fix her roads. Supervisor Hartley explained that not all of the tax money goes to fixing roads. Supervisor Biggins explained that Ms. Isaacs travels township roads, whereas not every tax payer drives through her private development. Secondly, Ms. Isaacs was wondering if the Supervisors would assist the Caledonia Acre residents in obtaining funding to improve their roads, by providing direction and support. Hartley indicated that he doesn’t know the direction, and that Caledonia Acres is not the only private development in the township. Therefore it would not be feasible for the township to pay its personnel to go after this kind of grant money. Ms. Isaacs indicated that she would do the work, but would like to know how to go about it and where to go. Supervisor Biggins suggested that Ms. Isaacs talk to Rep. Maitland to find out where to get the funding. Lastly, Isaacs asked what the Supervisors did with the petition that was submitted prior. Supervisor Biggins stated that the Secretary probably has it filed with the minutes of the meeting. Supervisor Hartley suggested that Senator Punts office may also be able to help with finding grant money.
Robert Shockley asked whether the Supervisors were going to take any action on the petition that was submitted, by declaring the roads abandoned. Supervisor Hartley indicated that he thought that issue was explained at the last meeting by Solicitor Davis, when he informed Shockley that the Supervisors do not have the authority to declare them abandoned because they are not the townships roads. Shockley asked again whether any of the township Supervisors would assist in obtaining grant money. Supervisor Hartley again expressed that he does not know how the township could assist private landowners in obtaining grant money. And that he will stand by the advice of the township Solicitor. Supervisor Fetter suggested that Ms. Isaacs should contact a few contractors to ask for a quote on building the roads up to specifications, so that at least when they apply for grant money they will know what it is going to take. Isaacs indicated that they do not need the roads brought up to specs. Supervisors informed Isaacs that if she were to ever want the township to take over the roads, they would have to be brought up to specs.
Ron Groves, resident of the township asked where all the water for a golf course or the cluster housing would come from. Groves expressed his concern about allowing perc testing to be conducted while in a drought. Gil Picarelli indicated that perc testing is mandated by the state, and the state has not required a halt. In fact, Mr. Picarelli stated, that percs have a higher chance of failing during dry conditions, than under normal circumstances. Groves indicated that perc testing on Railroad Lane has been done in wetlands, and that perc testing is a joke.
APPROVAL OF BILL LIST #10
FINAL PLANS
Merry Bush asked what the Supervisors are going to do with the proposed golf course ordinance now that Sturgess has declined the proposal. Supervisors would like to know from the Planning Commission whether they would like to leave the Zoning Ordinance alone which allows golf courses in the Open Space Zone, or if they would still like to allow them in the Agricultural Zone by conditional use. Schindel will address the request at the next Planning Commission meeting.
REPORTS
Barry Stone, Zoning/Code Enforcement Officer, reported that there were 6 building permits issued in the month of September with a construction value of $250,000, 26 site visitations were conducted, 2 warnings were issued, 2 violation letters sent, 1 citation , and 1 sign permit was issued. Supervisor Hartley indicated that the situation at the house at Route 30 and Newman Road needs to be addressed. Stone indicated that he issued Strasbaugh a certain amount of time, and is waiting for that to expire.
Brian Kump asked about the water that lays on the road in front of the nursery on Orrtanna road, Supervisors indicated that he should contact Dick Bell at Penn DOT because that is a state road.
Road Superintendent, Craig Hartley, reported that in the last month the road crew has been tar & chipping. The following roads were tar & chipped: Club, New, Newman, Bottom, Railroad Lane, Church, Flohrs Church, Jack, Mountain Top Estates, both ends of Greenridge, and part of Poplar Springs. A dry hydrant was installed on Tuesday at the South Mountain Fairgrounds, which is in Menallen Township, but where Franklin Township assisted in order to help the Arendtsville Fire Company. Spot paving on Short Cut Road, the intersection of Greenridge and Bingaman, and at the intersection of Poplar Springs and Ragged Edge will be taking place over the next two weeks.
Supervisor Fetter informed Stone, that there is a building on Flohrs Church Road that is being used as an office, and asked Stone to check on it in about a week to see if a building permit was issued. Also Fetter inquired as to where the sewage has been going. Solicitor Davis indicated that would also fall under a land development. Lastly Fetter reminded Stone that the intersections still need to be checked.
Ron Groves asked if the hole on the road in front of his house on Railroad Lane could be fixed. Supervisors will have the road crew fill the hole.
OLD BUSINESS
Mandatory Water Connection Ordinance – Solicitor Davis suggested that the Supervisors have the water authority solicitor write an ordinance which he sees fit for the Supervisors to consider.
NEW BUSINESS
There being no further business to conduct meeting was adjourned by the Chairman.
Respectfully submitted,
Lori A. Scott
Secretary/Treasurer
NOVEMBER 7, 2002
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter
OTHERS PRESENT: Walton Davis, Solicitor; Gil Picarelli, KPI Technology; Lori Scott, Secretary/Treasurer
The meeting, held at the Franklin Township Municipal Building, was called to order by the chairman, Craig Hartley.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
Lowell Pepple, resident, was present to ask what the status is on the workmen’s comp claim that was submitted by a worker of Pennington Tree Experts. Pepple indicated that he does not agree with the township having to pay a claim for Joseph Longmire, who was working for Pennington Tree Experts while hired by the township to remove trees. Supervisor Hartley stated that he believes the situation has been rectified. Secretary Scott indicated that the claim is still in litigation, whereas the township insurance attorneys are disputing the claim made by Longmire. The dispute is that Longmire is not a township employee, and that he was employed by Pennington Tree Experts, whereby Pennington should be responsible. Pepple stated that because Pennington did not cover his employees under workmens comp, the township taxpayers should not have to pay the bill. Supervisors agreed but stated that Longmire is suing our insurance company, and it is up to the attorneys to fight the claim.
Pepple also inquired as to why township equipment and a township employee was seen going to a supervisors house to do work. Pepple indicated that he believes that a supervisor has used township equipment and paid an employee 11 hours overtime to work at the supervisors property. Supervisor Hartley indicated that a situation like that did not happen, and would not happen. He stated that the road employees and equipment are accounted for by the roadmaster and himself, and he does not believe that could have happened. Supervisor Hartley asked Pepple to which Supervisors property is he referring. Pepple replied that it is Supervisor Hartleys. Hartley indicated that is not true and feels that someone is starting slanderous rumors. Hartley stated that Pepple better be able to prove what he is saying with times and dates. Hartley also informed Pepple that the only times which he could think of where someone may have misconstrued the situation, was maybe when Hartley was working on the roads close by and went to his home for something or to use the restroom. Or there are times when the township needs to get rid of dirt close to a road construction site, and if someone wants the dirt the township will dump it and push it back as a courtesy. This courtesy is open to anyone in the township. Also there are times when equipment gets parked at someone’s house. But as far as using equipment and paying employees to work at his home, as Pepple suggested, it never happened. Pepple stated that he will have to “do some digging” to find out more. Hartley invited Pepple to take a look at the township payroll sheets, time cards or anything else which could implicate overtime payments.
APPROVAL OF BILL LIST #11
FINAL PLANS
REPORTS
Secretary Scott reported that there were 13 building permits issued in the month of October with a construction value of $487,200, an extension for mobile home storage was issued for Sharonrose Welty at the corner of Poplar Springs and Greenridge roads. The property passed perc testing, and this is the last extension allowed for the mobile home. Within 6 months, Sharonrose Welty will either have to install a septic for the home or remove it. Scott also informed the Board of a situation at the intersection of Greenridge and Poplar Springs, where people who do not have trash service are dumping their garbage at this location along with the people who do have trash service. Nonetheless Waste Management will only pick up 5 bags per household who has the service and leaving the rest lay. The trash has been piling up and many people have recently complained. Scott was able to convince Waste Management to pick up all the remaining garbage so that she can investigate who is illegally dumping. Scott asked all those people who have the service to indicate which bags were their’s, so that she could identify which bags to take. Supervisor Fetter indicated that he will pick up all the remaining bags and dispose of them. Scott will have a list of names of those illegally dumping within the next few days.
Lastly Scott named a list of unfinished business that she would like to see the Board address at the December meeting, those being the Right-To-Know Resolution (must be adopted in December), Address Naming Ordinance from the County Commissioners (Wally indicated that he is still waiting on the final draft from the county solicitor), Massage Ordinance Amendment, and the Fee Schedule Resolution. Scott asked the Board if they could look over the information before December’s meeting, and let her know what they want to do, so that she can add it to the agenda.
Craig Hartley, reported that the road crew is hauling fill for Bendersville Fire Company, they are helping out the fire company, and in turn are receiving fill for free. Spot paving was completed on Bingaman Road and Greenridge Road, Short Cut Road, Poplar Springs Road and Ragged Edge Road. All those roads were sealed as well. Single yellow lines were painted on Bingaman Rd., Scott School Rd., Orchard Rd., Jack Rd., Greenridge Rd., Sunset Rd., Flohrs Church Rd., Hickory Bridge Rd., Railroad Ln., Newman Rd., Club Rd., and Mountain Top Estates.
Gil Picarelli indicated that his report falls under new business for Poplar Springs Road Material Bid Letting. 14 septic tanks w/filters, 1B stones and 2B stones. Picarelli mentioned that it would be helpful to begin stockpiling dirt as it became available. Dirt from cutting banks or cleaning side ditches would be useful.
OLD BUSINESS
Merry Bush, Lincoln Heritage Highway Committee, informed the Board that the Lincoln Heritage Highway Corridor signs have arrived and are ready to be erected. Hartley will have Bud Ritter or Rivers Grove contact Merry Bush for specifications.
NEW BUSINESS
Township Representative for the Green Ribbon Commission. Motion carried.
Supervisor Fetter wanted to mention that a comment was made at the October Supervisors Meeting in reference to Supervisor Hartley. Fetter wished to provide his comment stating that Supervisor Hartley does a fine job for the Township, and that no one will ever know the amount of work Hartley puts into being a Supervisor.
There being no further business to conduct meeting adjourned at 8:15 p.m.
Respectfully submitted,
Lori A. Scott
Secretary/Treasurer
DECEMBER 5, 2002
SUPERVISORS PRESENT: Dan Fetter, Tim Biggins
OTHERS PRESENT: Gil Picarelli, KPI Technology; Lori Scott, Secretary/Treasurer
The meeting, held at the Franklin Township Municipal Building, was called to order at 7:30 p.m. by the Vice Chairman, Dan Fetter.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
There were no comments from guests.
APPROVAL OF BILLS
FINAL PLANS
Secretary Scott reported that there were 7 building permits issued in the month of November with a construction value of $496,100. Scott also reported that the trash dumping problem at the intersection of Poplar Springs & Greenridge is resolved. Scott informed the Board that she received a letter of resignation from Planning Commission member Bob Sharrah. Bob will be taking permanent residence outside the township. The Board will not need to appoint another member due to the fact that they have previously voted to create a 7 member Planning Commission through attrition. Scott mentioned that Thomas Leedy, who was appointed at last months meeting, as Zoning/Code Enforcement Officer, has decided to not accept the position. Leedy was offered a $12,000 per year raise from the County to remain at his present position.
Gil Picarelli, KPI Technology reported that DEP has approved the Act 537 Plan for Poplar Springs and that DEP has given the township sewage enforcement officer the authority to issue the septic permit after the design. Picarelli also informed the Board that the township can also apply for the 50% reimbursement from DEP for the project. Secretary Scott indicated that the grant application for the 2003 Community Development Block Grant has been received and must be submitted by Monday. Scott will apply for $75,000 in grant money to cover the remaining cost of the project. Picarelli mentioned that in January, bids will be sent out for the construction of the sandmound. Bid opening is scheduled for the March 2003 Supervisors meeting. Lastly Picarelli indicated that the township may begin to clear some trees from the site, whenever they have extra time. However the Roadmaster should contact Picarelli before they begin. Also the road crew should keep in mind that they should keep any dirt that they clear from side ditches, and so on, to use for the system.
Dan Fetter reported that he would like to set up a meeting with residents from Spigot Valley Road before the township begins removing trees.
OLD BUSINESS
Opening of Poplar Springs Road material bid
2003 Budget Adoption
NEW BUSINESS
Respectfully submitted,
Lori A. Scott
Secretary/Treasurer