Board Of Supervisors Meeting Minutes 2003
JANUARY 6, 2003
REORGANIZATION/REGULAR MEETING
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; John Romine, Zoning/Code Enforcement
MOTION by Fetter, seconded by Biggins, to appoint Craig Hartley as temporary chairman. Motion carried.
MOTION by Hartley, seconded by Biggins, to appoint John Romine as temporary Secretary. Motion carried.
The meeting, held at the Franklin Township Municipal Building, was called to order at 1:00 p.m. by the temporary Chairman, Craig Hartley.
The pledge of allegiance was recited by all in unison.
REORGANIZATION
MOTION by Biggins, seconded by Fetter, to nominate Craig Hartley as Chairman of the Board. Motion carried.
MOTION by Hartley, seconded by Biggins, to nominate Dan Fetter as Vice-Chairman of the Board. Motion carried.
MOTION by Hartley, seconded by Fetter, to appoint Lori Scott as Secretary/Treasurer with a wage of $14.00 per hour. Motion carried.
MOTION by Hartley, seconded by Biggins, to appoint the Road Crew and their wages as follows: Charles Ritter $15.00/hr., Johnny Rodriguez $14.50/hr., Jeff Black $12.50/hr., Rivers Grove $12.50/hr, and part-time seasonal employee William Singley $12.50/hr. Motion carried.
MOTION by Hartley, seconded by Fetter, to appoint Charles Ritter as the Roadmaster. Motion carried.
MOTION by Hartley, seconded by Biggins, to appoint John Romine as the Zoning/Code Enforcement Officer with a wage of $12.50 per hour. Motion carried.
MOTION by Hartley, seconded by Biggins, to establish the Treasurer’s Bond at $650,000. Motion carried.
MOTION by Hartley, seconded by Fetter, to appoint Walton V. Davis at the township Solicitor. Motion carried.
MOTION by Hartley, seconded by Biggins, to appoint KPI Technology as the township’s engineering firm. Motion carried.
MOTION by Hartley, seconded by Biggins, to appoint Gil Picarelli as the Sewage Enforcement Officer. Motion carried.
MOTION by Hartley, seconded by Biggins, to appoint Dominic Picarelli as the alternate Sewage Enforcement Officer. Motion carried.
MOTION by Hartley, seconded by Biggins, to appoint Linda McDannell as the Vacancy Board member. Motion carried.
MOTION by Hartley, seconded by Fetter, to appoint Patricia Schindel and Neil Whittington to the Planning Commission board for another term ending in 2006.
MOTION by Hartley, seconded by Fetter, to appoint Wally Kane to the Municipal Authority Board for another term ending in 2007. Motion carried.
MOTION by Hartley, seconded by Biggins, to reestablish PLGIT and Adams County National Bank as depositories for township funds. Motion carried.
MOTION by Hartley, seconded by Biggins, to set the 2003 Board of Supervisors meetings for the first Thursday after the first Wednesday of each month. Motion carried.
MOTION by Hartley, seconded by Fetter, to certify Craig Hartley, Dan Fetter and Tim Biggins as State Convention delegates with Craig Hartley acting as the voting delegate. Motion carried.
MOTION by Hartley, seconded by Biggins, to observe the same holidays as last year for township employees. Motion carried.
REGULAR MEETING
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
Supervisor Biggins presented Bruce Strasbaugh, Cashtown Fire Department and Mike Spielman, Buchanan Valley Fire Department each with a check for $1,500. Supervisor Hartley indicated that at the end of 2002 there was a little bit of money left over, and felt it was important to help out the fire departments as much as possible. Supervisor Biggins indicated that because the fire departments had some major projects, that the extra money would help the cause.
Merry Bush, Lincoln Heritage Highway Corridor, was wondering if the Lincoln Heritage Highway signs were picked up. Hartley indicated that he thought the signs were picked up, but will double check with the road master.
Also Bush indicated that Secretary Scott never submitted her name to the Green Ribbons Commission to the County, and was wondering what the status of her appointment was. Supervisor Hartley indicated that Secretary Scott has been doing two jobs at the township which keeps her very busy, but he will check the status.
APPROVAL OF BILL LIST #1
MOTION by Fetter, seconded by Biggins, to approve Bill List #1, checks 21745-21819 totaling $42,374.69. Motion carried.
PRELIMINARY PLANS
NONE
FINAL PLANS
NONE
REPORTS
John Romine, Zoning/Code Enforcement Officer, reported that for the month of December there were 9 building permits issued with a construction value of $340,650. Since December 16 there was1 violation letter issued, and 1 Use and Occupancy Permit. For the 2002 calendar year there were 157 building permits issued with a construction value of $5,193,595.
Craig Hartley issued the Road Master report indicating that 26 driveway permits were issued, 16 miles of roadway was oil & chipped, sections of Shortcut, Poplar Springs, Sunset and Ragged Edge roads were paved. The realignment of a section of Poplar Springs road by Johnny Wetzels barn was completed by taking the 12 foot wide road at a sharp curve with banks on both sides, and making the road a straight 20 feet wide paved road and eliminated the banks. Also another project at the intersection of Greenridge and Bingaman was completed by cutting the hill at the intersection down by 4 ½ feet to increase the site distance, with the approval of the gas company, the gas lines below were capped. After the excavating was completed, the roadway was then paved. 23 miles of single yellow lines were painted and 15 miles of shoulders were cut. The dirt road project was started at Mountain Road and Pine Tree Road, which has to be completed in the Spring.
In 2003 Spigot Valley Road will be paved, plus the roadway will be eliminated between Jerry Settle’s house and his shed, the road will be redirected to behind Mr. Settle’s house. Poplar Springs Road from Johnny Wetzel’s barn to the Orrtanna Road will be paved, due to the number of new homes being constructed through that section. Depending on township funds, the two ends of Greenridge Road may be paved. Hartley is looking at another dirt road grant for Miltonberger Road and Bottom Road. Supervisor Hartley mentioned that the road work for 2003 will depend on the winter conditions.
Supervisor Fetter questioned as to whether residents could hired any waste hauler for garbage pickup or if they have to utilize Waste Management. Solicitor Davis informed Fetter that the township ordinance is written to indicate that residents have the option of utilizing trash service, however if they do decide that they want the service, they must use the waste hauler contracted by the township.
Gil Picarelli, KPI Technology, indicated that his company is working on the sandmound design for Poplar Springs Road. Supervisor Hartley asked if the project is still falling within the time line as previously set. Picarelli indicated that everything is following the schedule for completion. Picarelli indicated that Secretary Scott has applied for a $75,000 grant, and if she obtains the full amount, along with the previous grant money awarded, the project will be paid for in full. Supervisor Hartley informed Picarelli that he may need his services when beginning the Spigot Valley Road project, being that surveying and a Land Development Plan may need to be completed.
OLD BUSINESS
MOTION by Hartley, seconded Biggins, to move forward with the proposed ordinance amendment no. 2003-01, authorizing the legal advertising, and setting the public hearing for March 6, 2003 at 7:15 p.m., with the tentative adoption immediately following the hearing at the March 6, 2003 Board of Supervisors meeting held at 7:30 p.m. Motion carried.
The amendment allows someone to address an in home legitimate massage therapy business. The ordinance was written in the past addressing only adult oriented massage parlors, where consequently a massage therapist has enormous fees to pay and cumbersome reports to fill out. The proposed amendment will allow less licensing fees and eliminate the extraneous reports for a “legitimate” massage therapist.
Lastly, Supervisor Hartley mentioned that the new Franklin Township website will be on line in February with updated information.
There being no further business to conduct meeting adjourned at 1:22 p.m.
Respectfully submitted,
Lori A. Scott
Secretary/Treasurer
FEBRUARY 6, 2003
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; John Romine, 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 temporary Chairman, Craig Hartley.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
MOTION by Fetter, seconded by Biggins, to approve the minutes of the last meeting as pre-read by the Supervisors. Motion carried.
GUESTS
Corporal Taylor, PA State Police, was present to give the Supervisors the annual police report of calls attended to in Franklin Township. Taylor indicated that there were 633 calls for service from residents of Franklin Township in 2002, which averages to about 1.73 calls per day. Taylor read the breakdown of those calls, and asked the Supervisors and residents if there were any questions or concerns that they have in which the state police could help. Supervisor Hartley indicated that the township intends to pave Spigot Valley Road, and after talking to residents along that road, Hartley has found that there are a lot of concerns from those people about an increasing amount of speeding after the project is complete. Hartley informed Taylor that when the project is completed he will conduct a traffic study and post speed limits on that road, and would like Taylor to have officers patrol that road.
Larry Little, representing the Land Purchase Committee for the Gettysburg Youth Soccer League, was present to inform the Supervisors of their intent to go before the Zoning Hearing Board for a Special Exception. The request for Special Exception is to be able to build recreational fields for their organization on the property currently owned by Elaine Bittinger on Chambersburg Road (Route 30) which is zoned agricultural. Gary Schaffer, architect, described the project and presented the Supervisors with a sketch plan indicating their proposal. Schaffer informed the Board that his only purpose for addressing the Supervisors is to provide them with information concerning the project and to receive any feedback and concerns which the Supervisors may have. Supervisor Hartley indicated that he is not against the proposal, however the Supervisors have no say in whether or not they are granted the special exception by the Zoning Hearing Board. Schaffer indicated his understanding, but wanted to make sure that there was not a strong opposition by the Board of Supervisors. Hartley and Biggins expressed their initial concern as to whether there would be enough parking, and if any traffic disturbances would be caused. Schaffer indicated more than enough parking has been planned, and PA DOT has been contacted to discuss driveway and traffic situations. Current buildings on the 29 acre parcel will be utilized initially, expected attendance will be a couple of thousand of people for the tournaments which are held twice a year. Details will be brought forth at the Zoning Hearing.
Robert Sharrah, Surveyor, was present to request a wavier or modification from the Land Development requirements for a building addition to Bream Orchards. Sharrah indicated that he does not think that this project raises to the level of a land development plan. However Sharrah submitted a plan to the township which contains an abundance of information, and would like to not have to complete a full land development plan. Solicitor Davis indicated that because the project is an expansion to the principal use building which is not single family dwelling, it meets the definition of a land development plan. However, because it meets the definition of a land development, does not mean that in all cases a complete land development plan has to be prepared. There is an attempt in the ordinance to exempt accessory buildings from a land development, particularly agricultural buildings, but in this case we are talking about a principal use building. Davis described that he is involved in a process not only in this township, but two other townships trying to encourage them that on a case by case basis to evaluate what is or is not necessary in a land development plan. Where, Davis stated, that it is in his opinion beyond the competance of the solicitor, and would go so far as to say beyond the competence of the Secretary and the zoning officer to be able to look at a plan and say, this is what you need, and this is what you don’t need. Davis expressed that he thinks that is something that the engineering firm ought to tell the Supervisors that when someone makes a request to abbreviate a plan, that whether what they want cut out of the plan can be cut out without any adverse effects, and what information the engineering firm may want to see. After discussing the Breams plan earlier with Mr. Sharrah, Davis informed the Supervisors that there is some information contained on Sharrah’s plan addressing impervious areas, and infiltration trenches. Davis indicated that those are probably the types of things that the Supervisors might want to check with their engineer, to see if he is satisfied with it, or if he suggests a full-blown land development plan.
After some discussion it was decided by the Supervisors to have the engineering firm review the plan before the March Supervisors meeting, and indicate whether there is enough information, or if more is needed. If it is decided that the information submitted by Sharrah is sufficient, the Supervisors will pass a motion at the March meeting that if the project is built as shown on what was submitted, then a land development plan submission, approval and review will be waived. Because you can not approve it as a land development plan unless it is sent to the county for a 30 day review.
Because this is a re-occurring event, Supervisor Hartley asked Gil Picarelli to contact Penn Township, as suggested by Mr. Sharrah, to find out how their exoneration process is handled.
Secretary Scott presented the Supervisors with an informal hand sketch plan from Mr. Scott Ham from Moonacre Ironworks, whereas Mr. Hamm is requesting the same type of land development exoneration as described above. Supervisors agreed to handle Mr. Ham’s situation as described above. Gil Picarelli, indicated that Mr. Hamm will need to present something a little more formal from a certified surveyor.
Residents, Bob Shirley and Randall Tenney, were present to inquire as to whether the Supervisors would consider a zoning change of their properties in the Industrial Zone. Supervisor Hartley informed Shirley and Tenney, that the township recently finished a zoning change in portions of the township, and had no plans at this time to do another change. Shirley and Tenney expressed their frustration over their land being zoned industrial. They are having difficulties in subdividing and selling their property. Tenney and Shirley indicated that the township has caused undue hardships upon them. Supervisor Hartley informed Tenney that the problems he is having with the Subdivision of his property has not been caused by the township. Hartley stated that he thought the hold up was on the part of Mr. Tenney’s surveyor. Gil Picarelli mentioned that for the most part the concerns of the Planning Commission an KPI Technology’s comments had been rectified. Solicitor Davis mentioned that through correspondence with Tenney’s attorney, Davis believed that there was some indication that Tenney would need a variance from the Zoning Hearing Board, but have to checks his records. Davis will get back to Tenney’s attorney on this matter.
APPROVAL OF BILL LIST #2
MOTION by Biggins, seconded by Fetter, to approve Bill List #2, checks 21820-21896 totaling $44,949.57. Motion carried.
FINAL PLANS
MOTION by Hartley, seconded by Biggins, to approve the Final Subdivision Plan No.02-226 of Robert Sharrah and Keith Stambaugh as submitted. Motion carried.
MOTION by Hartley, seconded by Fetter, to approve the Final Subdivision Plan No. 02-225 of Todd R. Reamer, pending Mr. Reamer provides the Township with a letter from the gas company verifying that the gas company has permitted access to Lot #1 through the pipeline right-of-way. Motion carried unanimously.
MOTION by Biggins, seconded by Hartley, to approve the Final Subdivision Plan No. 02-227 of John Bream Jr as submitted. Motion carried.
REPORTS
John Romine, Zoning/Code Enforcement Officer, reported that for the month of January there were 26 permits closed for 2002, 25 Use and Occupancy permits issued, 9 site visitations, 6 violation letters issued, and a total of 5 building permits issued with a construction value of $603,900 for January 2003.
Lori Scott, Secretary/Treasurer, reported that she is setting up audit appointments. The State Fuels audit is scheduled for February 18, a pension audit is scheduled for the first week in March, and the General Fund audit is scheduled for the third week in March.
Craig Hartley issued the Road Master report indicating current projects include snow removal, cutting brush, and installing drain tiles on project roads. A military trailer was acquired from Federal Surplus and will be equipped with a cutting torch, welder, generator, air compressor, and lighting equipment. The trailer will be able to be pulled by a truck. The Fire Company will be notified when work on the trailer is done and they are permitted to use it also.
Supervisor Hartley contacted the Soil Conservation regarding applying for another dirt road grant and plans to apply. Supervisor Biggins agreed.
Supervisor Hartley plans to meet with Sherman Wright in the beginning of March to set up this year’s projects. In the next couple of weeks, Supervisor Hartley would like to meet with Sherman Wright, Gil Picarelli, and the property owners at the Spigot Valley project site, where the road is being realigned, to discuss what needs to be done. Most likely a land development plan will be needed since the road is being moved. Property owner agreements will need to be discussed..
If oil is available for road projects this summer, there will be a significant increase of 25 to 30 cents a gallon. That will determine how many roads will be worked on this summer.
Supervisor Biggins plans to contact Mary Margaret and Dave Kuhn and set up a date to sit down and discuss things before the next meeting.
Wally Davis, Solicitor, says the county has adopted and had approved by the Department of Environmental Protection a storm water management plan which encompasses most of the county. At some point the Franklin Township watershed will be involved and will require a major revision of the storm water ordinance. Situations where parking areas are not paved will be favored. Secretary Scott mentioned a recent telephone conversation with Rusty Ryan on the subject. Mr. Ryan said that this plan is so detailed that even when the road crews cut side ditches they should call and find out if it’s ok from them. He will come and explain the plan to the road crew if necessary. Secretary Scott may set up a meeting with the road crew and Mr. Ryan. Gil Picarelli said there will probably be more infiltrators and pits rather than open storm water ponds to get the water back into the ground rather than letting it roll off into the creek at a slower pace.
Supervisor Hartley stated that he spoke with the road crew regarding the signs. Before every snow storm they are fixing things up. When the snow’s gone, they will work on the signs.
NEW BUSINESS
Gil Picarelli stated that the Poplar Springs project is very close to being done. Requested permission to bid the project upon favorable review by Wally Davis, Solicitor.
MOTION by Hartley, seconded by Biggins, to allow bids for Poplar Springs Road project construction upon favorable review of documents by Wally Davis, Solicitor. Motion carried.
Supervisor Hartley received a grant application from the forestry for a chipper. Supervisor Fetter and Supervisor Biggins agreed to the application.
Supervisor Hartley and John Romine, Zoning/Code Enforcement Officer, devised a proposal for voluntary bicycle registration. Supervisor Hartley will drop off the forms at the school, where they can be distributed to the students. If a student would like to participate they can fill out the form and send it to the township building. Mr. Romine will keep a database of the bicycles in the township. In the event that a bike is discovered, the program will allow the township to match up the serial number in the township database and locate the owner.
MOTION by Hartley, seconded by Biggins, to adopt the voluntary Bicycle Registration Program. Motion carried.
There being no further business to conduct meeting adjourned at 8:35 p.m.
Respectfully submitted,
Lori A. Scott
Secretary/Treasurer
MARCH 6, 2003
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Scott, Secretary/Treasurer; Lori Killinger, Assistant 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 Fetter, seconded by Biggins, to approve the minutes of the last meeting as pre-read by the Supervisors. Motion carried.
GUESTS
There were no comments from guests.
REQUESTING LAND DEVELOPMENT EXONERATION
Wayne Mayers of Mt. Carmel Road was present to request a land development exoneration. Supervisor Craig Hartley recalled talking to Mayer’s wife regarding driveway permits and setbacks for this property. Mayers stated that he would like to have an accessory building in addition to a residence. He would like to build the accessory building first and the residence second. Hartley questioned the location of the access to the accessory building. Hartley stated that a concern of his was the placement of a driveway on the property due to the presence of wetlands. He added that Mayers would need to contact Soil Conservation if he decided to put a driveway in near the wetlands. Mayers stated that because of the location of the wetlands he would probably need two access points to the property. Hartley and Mayers discussed the location of the accessory building and residence to be constructed on the property. Gil Picarelli, KPI Technology inquired about the use of the accessory building. Mayers stated the accessory building will be a 30 by 40 foot barn used for stalls for horses and storage for a tractor and trailer. Mayers stated there would be no sewage or water hookup to the accessory building as well as no living quarters.
MOTION by Hartley, seconded by Biggins, to grant Wayne Mayers a Land Development Exoneration and permission to build a storage shed upon completion of a building permit. Motion carried.
Picarelli mentioned that DEP is going to require a property owner to get a NPDES (National Pollution Discharge Elimination System) permit if they plan to disturb more than one acre of land during development of a property. Examples of activities which would disturb land include a building, driveway construction and septic development. It doesn’t matter if all projects are not completed at the same time. Disturbed land must be calculated by looking at the entire project as a whole. Picarelli said that the township will not be able to issue a building permit, if more than one acre of land is to be disturbed, until the property owner obtains a NPDES permit. He added that Wayne Mayers’ plans would not require a NPDES permit. He only brought up the subject because this is something the township will have to know before issuing a building permit in the future.
Mark Bream of Bingaman Road was present to request a land development exoneration. Gil Picarelli, KPI Technology, made comments regarding Bream’s plans. Picarelli said parking spaces should be shown on the plans because they are specified in the zoning ordinance. The calculation of lot coverage should also be shown. If those two things are not met they are breaking the zoning ordinance. Picarelli mentioned the NPDES permit and stated that the area of land to be disturbed should be calculated and written on the plans. He stated that a concern is water running off to the road and creating a problem. He recommended a note be on the plan stating if water does runoff to the road and create a problem the Breams are responsible. Picarelli stated that he couldn’t give his approval because these concerns were not addressed on the plans. Picarelli read a letter from Bream’s attorney, Robert Sharrah, which addressed the concerns he had mentioned. The letter stated that the developer will provide a notarized statement indicating that they will be responsible for directing any drainage problems that are directly attributed to this proposed process. In addition, the letter stated that they’re going to disturb .98 acres. Picarelli concluded that Sharrah’s letter addressed his concerns and these comments should be included on the final plans.
MOTION by Hartley, seconded by Biggins, to grant John W. Bream Jr. a Land Development Exoneration pending the concerns of KPI Technology are addressed and placed on the plan for township records. Motion carried.
APPROVAL OF BILL LIST #3
MOTION by Biggins, seconded by Fetter, to approve Bill List #3, checks 21897-21971 totaling $56,621.48. Motion carried.
REQUESTING ADDITION 90 DAY TIME LIMIT EXTENSION
Secretary Lori Scott stated that Randall Tenney requested an additional 90 day extension because he has to go through a zoning hearing for a variance and this would give him enough time. Scott indicated that this would be the fourth extension for Tenney. Solicitor Walton Davis commented that he didn’t know why the Supervisors wouldn’t grant an extension. Gil Picarelli said Tenney seems like he’s really trying to get his situation sorted out.
MOTION by Biggins, seconded by Hartley, to grant Randall Tenney an additional 90 day extension. Motion carried.
REPORTS
Craig Hartley issued the Road Master report and indicated that the main project has been plowing snow. The township is at 245 percent of its winter budget. Hartley received a fax from the township’s salt supplier which stated that there is no more salt available. Hartley stated that the township has a full bay of salt and hopefully, it will last.
Hartley mentioned a conversation with Ray Baker of Valley Quarries. Baker contacted Hartley regarding exchanging the use of the township’s tiger boom for Valley Quarries’ time during the previous storm. Hartley agreed and said he would have to wait until spring.
Gil Picarelli, KPI Technology reported he received two bids for the Poplar Springs project and expects two or three more. A pre bid meeting is set up for March 21, Friday at 10:00 A.M. at the township office. The meeting is planned to answer contractors’ questions and show them the project area so they are aware of what they are bidding on. Bid opening will occur at the April meeting. After looking over the bids, the job will be awarded at the May meeting. A CDBG hearing is scheduled for Wednesday, March 12 at 10:00 A.M. at the courthouse. Picarelli recommended setting up a meeting with Adams County Bank to discuss funding after the CDBG hearing. Solicitor Davis will take care of Right Of Way’s for properties. Davis will also rewrite the deeds. Picarelli said the Township can apply for $7300 through the Act 537 Plan reimbursement.
Picarelli reiterated that building permits are not supposed to be issued if someone is going to disturb more than one acre. Davis suggested that a line be added to the building permit application where the applicant can indicate the amount of land to be disturbed.
Picarelli stated that the township has high quality or exceptional value water classification streams. If any work, such as cutting banks back, is proposed in these drainage areas the township has to check with the County Conservation District first. The township may be required to do an ENS Plan before work is done in a drainage area.
Picarelli stated that by May 16 the township must have an ordinance for the Monocacy River Watershed Stormwater Management Plan in place. According to DEP the township has six months to adopt an ordinance. Currently a township within the RockCreek watershed is writing such an ordinance. Davis suggested that the township wait until this one goes through the process first.
OLD BUSINESS
MOTION by Hartley, seconded by Biggins, to adopt Ordinance No. 2003-01 amending chapter 13, part 4 to add a new section 427 to provide the regulation of massage establishments when operated as a home occupation and amending section 416 to allow patrons under the age of 18. Motion carried.
NEW BUSINESS
2003 Road Materials
Craig Hartley read aloud the list of 2003 road materials and conditions, those being 5,000 ton #2 stone, 6,000 ton #1b stone, 7,500 ton #2a stone, 3,000 ton #2b stone, 3,000 ton #3 stone, 4,000 ton #3a (crushed aggregate sub-base), 1,000 ton rip rap, 2,000 ton anti-skid, 250 ton cold patch, 85,000 gal. E-3-M, 10,000 gal. E-3, 55,000 gal. E-5, 5,000 gal. RC 250, 20,000 gal. Premium diesel fuel, 10,000 gal. Mid-grade gasoline & 250 gal. Kerosene. Conditions: 1) All road emulsion shall be delivered within 12 hours of request. 2) The E-5, E-3-M, E-3 emulsion & RC 250 will be let as a total package: (i.e.: one company will get the bid on all three emulsions).
3) Successful bidder shall provide the following: a double drum, dual drive steel wheel vibratory roller w/operator, dust truck w/operator, water truck w/operator, paver w/operator. 4) Hourly rate for motor paver, roller, dust truck and water truck with operators shall be listed at the bottom of bid. 5) The distributor feeding the motor paver shall be capable of holding a minimum of 2,800 gallons of emulsion.
MOTION by Hartley, seconded by Fetter, to advertise and bid 2003 Road Materials, bids to be opened at the April 3 Board of Supervisors Meeting. Motion carried.
MOTION by Biggins, seconded by Fetter, to exonerate the Tax Collector from 2002 Uncollected Taxes. Motion carried.
From 8:10 to 8:25 Solicitor Davis met with Supervisors Hartley, Fetter and Biggins, Secretary Scott and Assistant Secretary Killinger in an Executive Session. Upon return to the Board of Supervisors meeting, Davis stated that the purpose of the meeting was to discuss Mr. Sturgess and his request to have a hearing so he could present his position on his proposed golf course development to the Supervisors.
MOTION by Hartley, seconded by Biggins, to hold a hearing on April 21 at 6:30 to discuss Mr. Sturgess’ proposed golf course development. Motion carried.
There being no further business to conduct meeting adjourned at 8:30.
Respectfully submitted,
Lori A. Scott
Secretary/Treasurer
APRIL 3, 2003
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Scott, Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer
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
Jim and Marie Quiesenberry of 205 Poplar Springs were present to state their concerns regarding the Poplar Springs project. Supervisor Craig Hartley informed the Quiesenberry’s that during the meeting the supervisors will make the intent to award the bid to a contractor. Once a contractor is awarded the bid, Hartley will organize a meeting with the supervisors, engineers, contractor, and the residents of Poplar Springs. At that time the residents can ask questions and express their concerns. The residents will be notified by letter or notified in person after the May 8th meeting. Mr. Quiesenberry expressed his concern over the springs that flow onto his lot from the projected location of the sandmound. He was concerned about where that water will go once the sandmound is established. Gil Picarelli, KPI Technology, stated that the water will flow it’s natural course. The sandmound water will work its way into the ground. Picarelli did not forsee a water problem due to the set up of a sandmound on the adjacent property. Hartley reiterated that every resident on Poplar Springs will be notified of the meeting to discuss the project. Mrs. Quiesenberry was concerned that 10 years down the road the sandmound would fail. Picarelli stated that a sandmound is just a system above ground that still uses the ground. There are no time limitations on a sandmound. Hartley stated that if the system did fail, that would be the responsibility of the township and resident. Picarelli added that when a system fails it’s due to abuse by the resident. Water is over used or things are put down the drain that shouldn’t.
Ken Shetter of Poplar Springs was also present to express his concern regarding the Poplar Springs project.
Ron Plank of the 2300 block of Chambersburg Road was present to express his concern about his well going dry. Mr. Plank lives near property which was recently purchased by Alan Beckett for development. He was concerned that when the new homes are built and they drill wells, his well may run dry. Hartley stated that Mr. Plank’s concern was legitimate, however, the township can’t stop all development because of issues such as these. Walton Davis, Solicitor, stated that if Mr. Plank’s well went dry, he would have to drill a new well.
REQUESTING LAND DEVELOPMENT EXONERATION
Henry Whitfield of Forest Church Road was present to request a land development exoneration. Jim Temchack, Zoning/Code Enforcement Officer, stated that Mr. Whitfield requested a building permit to construct a building to store farm equipment. Currently there are no buildings on Mr. Whitfield’s lot. Temchack requested Mr. Whitfield bring in maps and all of the information he could pertaining to his plans. He gave the information to Gil Picarelli. Solicitor Davis stated that because it’s not an accessory building for a principle use, it doesn’t need a principle use at this stage. Technically it’s a land development. Mr. Whitfield stated that he didn’t plan to have any water or sewer hookups for the building. It’s just going to be a storage building for his equipment which he needs desperately. He’s leaving plenty of room for a house. The building will be 40 feet by 60 feet. The access is off of Flohrs Church Road. Supervisor Hartley stated that the intended location of the driveway needed to be marked. Picarelli told Mr. Whitfield that he may want to check with the Adams County Conservation. If over 5,000 square feet are going to be disturbed, an E&S Plan may be required to show that Mr. Whitfield will take care of any runoff.
MOTION by Hartley, seconded by Fetter, to grant Henry J. Whitfield a Land Development Exoneration and permission to build a storage shed upon completion of a building permit. Motion carried.
APPROVAL OF BILL LIST #4
MOTION by Biggins, seconded by Fetter, to approve Bill List #4, checks 21974-22060 totaling $66,826.22. Motion carried.
PRELIMINARY PLANS
NONE
FINAL PLANS
NONE
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of March there were 22 site visitations and a total of 14 building permits issued with a construction value of $1,249,300. Temchack stated he’s been learning office procedures, zoning regulations, reviewing and updating office forms and files. He’s been driving on a lot of the township roads and meeting residents. He’s also been communicating with the county departments.
Lori Scott, Secretary/Treasurer reported that she received a quote from Keystate Publishers to recodify the township’s code of ordinance book. The quote was for $5,065. Scott stated that the recodified book would also be available on disc for the computer. Supervisor Hartley stated that the code of ordinance book could also be added to the website once it is available.
Craig Hartley, Road Superintendent, issued the Road Master report and indicated that he and Lori Killinger have been working on the report for the federal reimbursement from the President’s Day snow. The road crew has been repairing potholes. There have been some major sinkholes on Miltonberger Road, Poplar Springs Road, and Bottom Road. The road crew have been replacing drain tiles on Poplar Springs Road. The road crew will be putting down the shoulders on the 2002 project roads at the end of this month and the beginning of May. He added that the transmission went out off the Dodge 1 ton and that it is being repaired at Scott Baker’s.
Supervisor Dan Fetter reported that he ordered the plexiglass for the secretary’s window and the cork board is in. Next month he will work on cleaning up the shrubbery around the building. He contacted people to move the poles on Greenridge and Spigot Valley.
Solicitor Walton Davis reported that he is working with Mr. Shultz to get the conveyance of the land from SPECO for the site of the sandmound. He has the diagrams which he will coordinate with the rights-of-way for each individual home owner. Davis asked the supervisors how they wanted to get them to the homeowners, whether they wait until the meeting, hand carry them, or send out a letter. Picarelli recommended hand delivering them.
Gil Picarelli, KPI Technology, provided the supervisors with a report on the relocation of part of Spigot Valley Road as far as what permits would be required and the time frames. Supervisor Hartley stated that the project was tabled until 2004.
OLD BUSINESS
Opening of 2003 Material Bids
ROAD OILS:
Hammaker East Ltd.
- E-3-M 1.129 gal. delivered
- E-3 1.03 ” “
- E-5 1.037 ” “
- RC250 1.50 ” “
- Paver w/ operator $160.00/hr
- Roller w/ operator $55.00/hr
- Dust truck w/ operator $55.00/hr
- Water truck w/ operator $0.00/hr
Wilson Paving
- E-3-M 1.17 gal. delivered
- E-3 1.07 ” “
- E-5 .98 ” “
- RC250 No Bid
- Roller w/ operator $70.00/hr
- Dust truck w/ operator $52.00/hr
- Water truck w/ operator $40.00/hr
- Paver w/ operator $170.00/hr
FUEL:
- J.F. Waybrant & Sons, Inc.
- Premium Diesel Fuel 1.24 gal.
- Mid-Grade Gasoline 1.13 “
- Kerosene 1.49 “
AGGREGATES:
Valley Quarries, Inc. (Gettysburg and Fairfield were bid separately)
FAIRFIELD:
- FOB DELIVERED
- #2 6.75 ton 9.05 ton
- #1b 8.35 ” 10.65 “
- #2a 5.55 ” 7.85 “
- #2b 6.75 ” 9.05 “
- #3 6.75 ” 9.05 “
- #3a 5.65 ” 7.95 “
- rip rap 9.25 ” 12.05 “
- anti-skid 6.65 ” 8.95 “
- cold patch 47.00 ” 49.30 “
MOTION by Hartley, seconded by Fetter, to award Hammaker East Ltd. the 2003 road oils bid. Motion carried.
MOTION by Hartley, seconded by Fetter, to award Valley Quarries, Inc. the 2003 aggregate bid. Motion carried.
MOTION by Hartley, seconded by Biggins, to award J. F. Waybrant & Sons, Inc. the 2003 fuel bid. Motion carried.
Opening of Poplar Springs Project Bids
BIDDERS:
Base Bid Amount With Alternate
- Richard Weidner $135,245.20 $144,425.20
- Conewago Enterprises $194,750.00 $204,237.00
- Andrews & Sons $170,350.00 $174,350.00
- Robert Goetz, Jr. $156,450.00 $166,450.00
Robert Goetz, Jr. stated that he would like to review Richard Weidner’s bid form.
Solicitor Davis reviewed Richard Weidner’s bid packet and stated that it consisted of a bid form of 2 sheets, a blank bid bond of 2 sheets, and a certificate of 1 sheet, and a cashier’s check in the amount of $14,442.52. Picarelli advised the supervisors that they could make a motion to give a notice of intent to award pending the township’s engineer’s review of documents and the Solicitor’s review of the documents. If the forms are in order, Picarelli will notify the bidder and they will have to come up with all of their insurance documents and bonding. At the next supervisor’s meeting, the supervisors will award the bid. Following there will be a pre-construction meeting. Hartley asked Picarelli to explain the base bid and alternate. Picarelli stated that in the base bid they can use whatever material is DEP certified for the sand. Picarelli guessed that in this case a low grade sand would be used. The alternate was put in for real sand. Picarelli stated that if the prices are good, he feels that good sand makes a better system. It is the supervisors’ decision to decide whether to use the alternate or not.
MOTION by Biggins, seconded by Fetter, that the bid be awarded to the lowest qualified bidder pending review by the township engineer and solicitor, and the submission of the bonding and insurance documentation, and authorize the township engineer to issue the intent to award. Motion carried.
NEW BUSINESS
Secretary Scott stated that a resolution was included, in the application packet to apply for financial assistance for the President’s Day storm, to assign someone from the township as township’s agent.
MOTION by Hartley, seconded by Biggins, to pass a Resolution designating Secretary Lori Scott as the township’s agent for the purpose of applying for financial assistance for the February 14 – 19 snow storm. Motion carried.
MOTION by Hartley, seconded by Fetter, to appoint James Temchack as Franklin Township’s Zoning/Code Enforcement Officer retroactive to his start date of March 14th. Motion carried.
There being no further business to conduct meeting adjourned at 8:30.
Respectfully submitted,
Lori J. Killinger
Assistant Secretary/Treasurer
MAY 8, 2003
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Greg Hertz, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer
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 and special meetings as pre-read by the Supervisors. Motion carried.
GUESTS
Supervisor Craig Hartley presented a plaque to Robert Sharrah in appreciation of over 20 years of service as a member on the Planning Commission.
Merry Bush stated that the Lincoln Highway Signs can now be installed.
Ed Spence and Ed Spence Jr. were present to address the SPECO issue. Mr. Spence questioned Supervisor Hartley on what is the required lot size. Hartley responded that currently the required lot size in an agricultural zone is 2 acres. Solicitor Walton Davis stated that the 2 acre requirement is under review and that he would be surprised if there wasn’t a major revision to this because of some recent court cases. The Spence’s were concerned that if they were required to have 2 acre lots, their lots would be undesirable. Mr. Spence Jr. stated that this is the reason they were not signing off on the deed for the Poplar Springs project. Solicitor Davis stated that this project is going to go forward and that the township needs that land for the sandmound. Davis stated that he thought this was all agreed upon in writing, that the township would get that land in exchange for 3 hook-ups and didn’t recall seeing anything in the agreement that mentioned lot sizes. He advised them that if this issue isn’t worked out soon, the township is going to have to take the land. Mr. Spence stated that when this agreement was made the lot size requirement was 1 acre not 2 acres. Supervisor Hartley asked Davis if it was possible to “grandfather in” these lots under the 1 acre requirement. Davis responded if the agreement had stated 1 acre lots, the answer would be yes. But this was not in the agreement. Only the zoning hearing board could grant a variance.
Mr. Spence also mentioned that, according to the plans, the sewer line ends at the upper end around the middle of Mr. Martin’s property where he has no authority to go on his property. Mr. Spence stated that the line would have to be extended into the field for him to access. Greg Hertz, KPI Technology, said that shouldn’t be a problem. Supervisor Dan Fetter asked Mr. Spence if he would sign the deed. Solicitor Davis stated that if they wanted to develop before the zoning ordinance was changed, he had the feeling that the Supervisors would attend a zoning hearing and ask the zoning hearing board to allow 1 acre lots for the Spence’s. Davis suspected but could not promise that the zoning ordinance would be changed before they were ready to develop. Mr. Spence stated that they could see their attorney (Chet) tomorrow and sign the deed. Solicitor Davis stated that he would write a letter stating that if the Spence’s needed to go before the zoning hearing board, the Supervisors would attend on their behalf. Supervisor Hartley stated that the township would not charge the zoning hearing fee because of the project.
Ed Spence Jr. presented the Supervisors with a sketch plan for a driving range on Hilltown Road which is zoned agricultural. Supervisor Hartley stated that this plan could be addressed within the next month or two when the Sturge’s golf course is addressed again and the zoning issues are changed and clarified.
Mr. Ron Groves inquired about Stanley’s field and what’s going to happen now that the ordinance may be changed. Supervisor Hartley stated that they don’t know exactly what the changes are going to be, most likely it will be the lot size. Supervisor Tim Biggins stated that every township that has a 2 acre lot size requirement will have to reevaluate and revise their ordinance due to the recent Supreme Court ruling.
Mr. Groves added that the township should also redo soil tests due to the presence of malfunctioning sandmounds. Supervisor Hartley stated that the township does not have control over that, the regulations are set by DEP and that is what the sewage enforcement officer uses to approve a perc test. Mr. Groves stated that he didn’t think the township’s sewage enforcement officer was doing his job correctly.
Brian and Blanca Kump were present. They inquired whether the township hired a new secretary. Supervisor Hartley replied yes, they hired Lori Killinger for the position of Secretary/Treasurer.
Skip and Cheryl Harding were present. Cheryl Harding questioned what Supreme Court hearing the Supervisors were referencing. Solicitor Davis responded Bedminster Zoning Hearing Board and Bedminster Township. Davis was not positive of the Plaintiff’s name. He thought it was CWM Developers. Davis stated that it was a Pennsylvania Supreme Court case. Mrs. Harding wanted to know how the residents in these areas of development, who bought land under the assumption that the 70/30 criteria was not going to change, would be affected. Supervisor Hartley advised her to watch the newspapers for the advertisement of a special hearing and come to the Planning Commission meetings if she wanted to keep informed. Hartley added that the following week, the township website should be available and all meetings would be advertised there also. Davis added that no change to the zoning ordinance would be valid until there was a public hearing where all people of the township could voice their opinions on the change.
Cheryl Harding added to Mr. Groves earlier statements regarding sewer testing. She stated that when they built it had been signed off that there was a cleanout present when really it was just a pipe stuck on top of the ground. Skip Harding stated that there were no inspection tubes or anything. According to the plans there were supposed to be 2 inspection tubes. They called the contractor who said it was signed off by Gil Picarelli. Solicitor Davis stated that the sewage enforcement officer is supposed to do his final inspection before the system is covered and those tubes are part of the covering process, therefore they’re already covered. Mr. Harding stated that all that was there was a piece of PVC sticking in the ground. Davis reiterated that the inspection is done before the system is covered.
Ron Groves inquired whether sewer was going to be coming up Orrtanna Road. Supervisor Hartley stated that was not the case. The only project in that area will be the construction of a sandmound for 13 trailers and 3 hookups for the Spence’s.
APPROVAL OF BILL LIST #5
MOTION by Biggins, seconded by Fetter, to approve Bill List #5, checks 22061-22172 totaling $69,587.80 and state fund checks 6170-6171 totaling $22,050.93. Motion carried.
PRELIMINARY PLANS
Robert Sharra, Land Surveying and Consulting Services, presented a preliminary land development plan on behalf of Scott and Kim Ham.
MOTION by Hartley, seconded by Fetter, to approve the preliminary subdivision plan no. 03-228 of Scott and Kim Ham. Motion carried.
Sharra also presented a preliminary land development plan on behalf of Pamela Howery.
MOTION by Hartley, seconded by Biggins, to approve the preliminary subdivision plan no. 03-229 of Pamela Howery, pending the proposed driveway is corrected to be five feet from the property line. Motion carried
FINAL PLANS
None
REQUEST FOR ADDITIONAL 90 DAY TIME LIMIT EXTENSION
MOTION by Hartley, seconded by Fetter, to grant Randall Tenney an additional 90 day extension. Motion carried.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of April there were 14 building permits issued with a construction value of $488,880, as well as 6 driveway permits and 1 use and occupancy permit. He issued 5 verbal warnings, 1 posted warning and he addressed 6 complaints. Temchack stated he just completed a 10 hour zoning course.
Craig Hartley, Road Superintendent, issued the Road Master report. Hartley reported that the road crew has been grading the dirt roads, putting the tiles in on Poplar Springs and Greenridge in preparation for the milling and the paving as well as cutting brush. He stated the following day the road crew will start the milling on Greenridge or on Poplar Springs and will be finished the following week.
Solicitor Walton Davis reported that he received the performance bond, payment bond, and a maintenance bond from the Richard Weidner, the successful bidder for the Poplar Springs project. Weidner also included a certificate of insurance and a statement to clarify his bid that the township can base unit prices by dividing the estimated quantity in the bid.
Greg Hertz, KPI Technology, recommended the Poplar Springs bid be awarded under the conditions that the right-of-ways are signed. Supervisor Dan Fetter stated he would visit the residents who still needed to sign their agreement.
OLD BUSINESS
MOTION by Hartley, seconded by Biggins, to award the Poplar Springs sewer bid to Richard Weidner Inc. pending the remaining 3 ½ right-of-way agreements are signed. Motion carried.
NEW BUSINESS
strong>MOTION by Hartley, seconded by Fetter, to appoint Merry Bush to the Planning Commission filling in the vacancy of Louis Whittington. Motion carried.
There being no further business to conduct meeting adjourned at 8:20.
Respectfully submitted,
Lori J. Killinger
Secretary/Treasurer
JUNE 5, 2003
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer
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 and special meeting as pre-read by the Supervisors. Motion carried.
GUESTS
Tom Wetzel was present to ask for assistance with a legal matter. Mr. Wetzel’s neighbor has been using an old logging trail, which is on Mr. Wetzel’s property, to access his own property. Mr. Wetzel never put a stop to this and now his neighbors are suing him for a written right-of-way. Mr. Wetzel asked the Supervisors if they could write a letter for him. Solicitor Walton Davis advised Mr. Wetzel to get another attorney who would help him raise his defenses. Supervisor Craig Hartley stated that the township could not do anything to help with this legal matter and reiterated Solicitor Davis’ recommendation to get another attorney.
Two new residents to the area, who live on the lower end of Poplar Springs, were present to inquire about the paving on Poplar Springs Road. Supervisor Hartley explained the Poplar Springs project to them and stated that by this fall, the section of Poplar Springs Road between Orrtanna Road and Scott School Road would be 20 feet wide and paved.
In addition, the two residents complained about the culvert not holding all the water during the last rainfall. Supervisor Hartley stated that with all the rain we had a 20 foot culvert wouldn’t hold it all. He stated that as soon as the road crew gets the opportunity they plan to put more pipe down there.
Merry Bush stated that the 10 Lincoln Highway Signs can now be installed.
APPROVAL OF BILL LIST #6
MOTION by Fetter, seconded by Biggins, to approve Bill List #6, checks 22173-22257 totaling $56,132.91 and state fund checks 6172-6175 totaling $17,432.26. Motion carried.
PRELIMINARY PLANS
MOTION by Hartley, seconded by Biggins, to approve the preliminary subdivision plan no. 03-230 and the Form B of Dale D. Eckert, pending a letter of approval from Hamiltonban Township. Motion carried.
FINAL PLANS
MOTION by Hartley, seconded by Fetter, to approve the final land development plan no. 03-228 of Scott and Kim Ham, pending the submission of a modified plan indicating the existing gravel parking area will be eliminated and moved next to the proposed parking area. Motion carried.
MOTION by Hartley, seconded by Fetter, to approve the final subdivision plan no. 03-229 and the Form B of Pamela Howery and Allen Beckett as submitted. Motion carried.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of May there were 12 building permits issued with a construction value of $536,100, as well as 1 driveway permit, 1 sign permit, and 3 use and occupancy certificates. He issued 2 verbal warnings and he addressed 7 complaints. Temchack stated he just completed a notary course, attended a meeting held by the ACA Chamber of Commerce to discuss the new building code, revised all permit applications and is assisting Secretary Killinger with the re-codification project .
Secretary / Treasurer Lori Killinger reported that FEMA approved the township’s application for financial assistance following the President’s Day Snowstorm and issued the township a check for $7,850.72.
Craig Hartley, Road Superintendent, issued the Road Master report. Hartley reported that the shoulders were milled on both ends of Greenridge Road and the section of Poplar Springs that will be paved. Stone has been put in these areas several times due to rain washing it out. Mowing has started along township roads. All tiles have been replaced on Greenridge, Poplar Springs, and Mountain Roads. The dirt road project was scheduled to be completed by May 27 but due to rain it has been postponed.
Solicitor Walton Davis reported that since the last meeting he started and ended an eminent domain suit.
Gil Picarelli, KPI Technology, stated that once they have a pre-construction meeting with the county, Weidner can start construction. The Township needs to issue Weidner a note to proceed and Picarelli recommended the Supervisors make a motion to authorize Hartley to sign the agreement to proceed.
MOTION by Biggins, seconded by Fetter, to authorize Chairman Hartley to sign the agreement giving Richard E. Weidner Paving and Excavating, Inc. authorization to proceed with construction. Motion carried.
Supervisor Hartley stated that he wants to organize a meeting and invite the Poplar Springs residents to come and get any questions pertaining to the project answered and to discuss funding with Picarelli.
Supervisor Hartley reported that he had a meeting with the Middle Department Inspection Agency to discuss the BOCA Code. Hartley asked Davis when the code was to be in effect. Davis replied if everything goes according to plan a Notice of Final Adoption will be published on July 25. Davis stated that between October of this year and January 2004, municipalities will have to decide if they are opting in or opting out.
Temchack reported that the zoning hearing for Randall Tenney is scheduled for June 25. Due to a conflict of interest Temchack selected a different attorney, Harry Eastman, to represent the zoning hearing board as their solicitor.
OLD BUSINESS
None
NEW BUSINESS
None
There being no further business to conduct meeting adjourned at 8:10.
Respectfully submitted,
Lori J. Killinger
Secretary/Treasurer
JULY 3, 2003
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer
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
Sharon Garlach, Laura Pitzer, and Daniel Keys were present to discuss the property at 4246 Chambersburg Road. The property is zoned agricultural, however it has been used for retail purposes prior to and after zoning due to being “grand-fathered in”. Ms. Garlach and Ms. Pitzer were inquiring whether they could buy the property and make Shaker furniture there to sell wholesale and retail. Solicitor Davis stated that the business must be the same type of business as it was previously. Davis added that the initial determination is made by the zoning officer. If they don’t like what he decides they can appeal his decision to the zoning hearing board. The zoning hearing board then makes a determination based on the way the ordinance is written. Solicitor Davis suggested the zoning officer get Ms. Garlach’s and Ms. Pitzer’s intentions for use of the building in writing. Mr. Keys asked if the zoning officer could state his determination currently. Supervisor Hartley told Mr. Keys to come into the office on Monday with a written proposal for the property and the zoning officer will make his determination then.
Merry Bush thanked the township for installing the Lincoln Highway Signs.
APPROVAL OF BILL LIST #7
MOTION by Fetter, seconded by Biggins, to approve Bill List #7, checks 22258-22328 totaling $41,789.91 and state fund checks 6176-6177 totaling $3,990.40. Motion carried.
REQUESTING LAND DEVELOPMENT EXONERATION
Gil Picarelli, KPI Technology, stated by definition Kenneth Reid should have to do a land development plan for the proposed addition at Mountain Top Ministries. Pat Schindel, Franklin Township Planning Commission, stated that the Planning Commission agreed that they should have to submit a land development plan. James Temchack, zoning officer, stated that in April 2001 there was a hearing in which Mountain Top Ministries was granted a special exception to build an addition onto the church. The written decision stated that “this decision is not intended to excuse compliance with subdivision/land development requirements in the future should expansion of the use of the land be considered.”
MOTION by Hartley, seconded by Biggins, to deny Kenneth Reid/Mountain Top Ministries a land development exoneration. Motion carried.
PRELIMINARY PLANS
MOTION by Hartley, seconded by Fetter, to approve the preliminary subdivision plan no. 03-233 of Allen Beckett, pending the comments by KPI and the Planning Commission are addressed and a comment is added to the plan stating the right to access the private drive. Motion carried.
FINAL PLANS
None
SEWAGE FACILITIES PLANNING MODULE
Bill Hartzel was present to discuss the sewage facilities planning module for Hundredfold Farm Community. Picarelli stated that a concern is the operation and maintenance of the system. Hartzel presented Picarelli and the Supervisors with an outline of the proposed operation and maintenance of the system. Supervisor Hartley requested that this be added to the module before it is approved. Hartzel described the system as a constructed wetland under a greenhouse where the treated waste goes to a subsurface irrigation system out in the tree farm and a portion of the water will go back to the homes in a separate plumbing system to be used solely for the toilets. Picarelli stated that the township is ultimately responsible for any type of septic and that is why he wants to make sure that there are agreements in place showing that Hartzel is responsible. Supervisor Hartley asked if there is adequate space for another system in case this one fails and Hartzel stated that there is. Solicitor Davis stated that if for any reason Hartzel’s organization fails to properly operate the system and the township has to step in to operate, he wants the agreement to state that the township has the ability to place municipal liens on the served properties so it can collect the money necessary to operate the system.
REQUEST FOR ADDITIONAL 90 DAY TIME LIMIT EXTENSION
MOTION by Hartley, seconded by Fetter, to grant Randall Tenney another 90 day extension. Motion carried.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of June there were 16 building permits issued with a construction value of $1,395,280 as well as 2 driveway permits, 3 use and occupancy certificates, and 1 special exception application. He issued 2 verbal warnings, 1 written warning, and addressed 2 complaints. Temchack stated he is revising all permit applications, developing a filing system using only parcel numbers and working with the Adams County GIS Data System.
Secretary/Treasurer Lori Killinger reported that General Code is going to update the township’s code of ordinances and post the entire code to the township’s website.
Craig Hartley, Road Superintendent, issued the Road Master report. Hartley reported that the road crew has been helping the other townships pave. The prep work for Mountain Road is finished. On Monday they’ll be putting down the 2A as part of the dirt road grant. Other projects include mowing and installing the Lincoln Highway signs.
Supervisor Hartley added that the township will be getting a new automated phone system.
Solicitor Walton Davis reported that the Uniform Construction Code regulations have been pulled and they are going to be rewritten. Because of this, the township will not have to opt in or opt out by January.
Gil Picarelli, KPI Technology, read from a letter sent by Adams County Office of Planning and Development. It read that the ACOP&D have been notified by the Department of Community and Economic Development that “as of June 16, we have still not received the HUD agreement allocations for 2003. The release of these funds has been delayed because of the congressional release process. DCED suggests that we contact our state and/or federal legislatures regarding the delays in funding.” Picarelli recommended the Supervisors do that.
Picarelli reported that Richard Weidner is ready to begin the Poplar Springs project. However, due to the excessive wetness in the area and the grant money not being released yet, both the township and Weidner are willing to delay the project a little longer.
OLD BUSINESS
MOTION by Hartley, seconded by Fetter, to tentatively adopt the Poplar Springs sewer ordinance no. 2003-3 and authorize advertising. Motion carried.
NEW BUSINESS
MOTION by Hartley, seconded by Fetter, to appoint Bill Hewitt to the Municipal Water Authority Board. Motion carried.
Pat Schindel reported that there will be a public comment period scheduled for the first Wednesday in October to discuss the changes in the zoning ordinance.
Pat discussed the difficulties associated with incorporating soil classifications into the zoning ordinance.
Pat Schindel and Merry Bush stated that they will be attending an Ag seminar at the Shippensburg University.
There being no further business to conduct meeting adjourned at 8:20.
Respectfully submitted,
Lori J. Killinger
Secretary/Treasurer
AUGUST 7, 2003
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Tim Knoebel, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer
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 Fetter, seconded by Biggins, to approve the minutes of the last meeting as pre-read by the Supervisors. Motion carried.
GUESTS
Stanley Wolf, owner of property on Railroad Lane and Orrtanna Road, was present to discuss his plan to subdivide. His property is in the Ag zone and he had developed it to the maximum allowed according to the 70/30 rule. He was inquiring about swapping sections of his property with an adjacent property. Solicitor Walton Davis stated that he didn’t see a problem with it as long as he maintained the 70/30 rule. Supervisor Craig Hartley and Pat Schindel, Planning Commission Chairperson, agreed.
Bill Scott of Hilltown Road was present to discuss his concerns with the water drainage problem at 1366 and 1367 Hilltown Road. Supervisor Hartley stated that he’s been dealing with this problem for the past 10 years and no one has been able to come up with a solution to it. Supervisor Hartley asked Tim Knoebel, KPI Technology, if he had any suggestions. Knoebel stated that he could not offer a solution right away without seeing the site again. Hartley stated that he would arrange a meeting at the site with the engineers and Mr. Scott can show them where the problem is and they will try to address the problem.
Lowell Pepple was present to inquire about the township’s dental insurance. Supervisor Hartley stated the township has a self-funded dental plan. With this plan the township never pays a premium and the only payments made are for actual dental bills. The Secretary/Treasurer manages the plan. Supervisor Hartley stated that he could not make any further statements until the investigating agency notified him.
Tom and Geraldine Wetzel were present to thank Mr. Davis for advice he had given them at a previous meeting.
Roger Forsythe asked if the township road crew could clean out the ditch next to his property so that water wouldn’t run over his driveway. Supervisor Hartley said he would take care of that the following week.
Richard Boyer, surveyor, was present to discuss a subdivision plan for a property on Hilltown Road. The engineers and Planning Commission stated their concerns having to do with the 70/30 split rule and this subdivision. Supervisor Hartley stated that Mr. Davis would look at the plans and give his interpretation by the next meeting.
Merry Bush thanked the township for installing the remaining Lincoln Highway signs. Bush is proposing that Old Route 30 be turned into a bi-way. She will talk to the planning commission first about the procedure to do this. The main outcome of this will be the elimination of all future billboards and any billboards that have not been used for one year.
APPROVAL OF BILL LIST #8
MOTION by Fetter, seconded by Biggins, to approve Bill List #8, checks 22329-22405 totaling $64,579.40 and state fund checks 6178-6182 totaling $64,359.53. Motion carried.
INSTALLATION AND MAINTENANCE AGREEMENT
Bill Hartzel was present to discuss the installation and maintenance agreement for the Hundredfold Farm Wastewater Facility. The agreement is still being edited by Mr. Davis and Mr. Hartzel’ attorney. Mr. Hartzel handed out another revision to the agreement. Supervisor Hartley inquired about the final plan for Hundredfold Farm. Mr. Hartzel stated that it should be ready after New Year’s for submittal. His priority, currently, is to finalize the installation and maintenance agreement and sewage facilities module and get them to DEP. Mr. Davis stated that he would discuss this current revision with Hartzel’s attorney.
PRELIMINARY PLANS
None
FINAL PLANS
MOTION by Biggins, seconded by Fetter, to approve the final subdivision plan no. 03-233 and the sewage facilities planning module of Allen Beckett, pending the submission of a modified plan indicating DEP approved a permit for crossing the wetlands, indicating proposed driveways and DEP approval of the sewage facilities planning module. Motion carried.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of July there were 14 building permits issued with a construction value of $345,485 as well as 1 driveway permit, 1 mobile home storage permit, 6 use and occupancy certificates, and 1 special exception application. He issued 1 verbal warning, 2 written warnings, and addressed 4 complaints. Temchack stated he is developing a filing system using only parcel numbers and working with the Adams County GIS Data System.
Temchack requested that an alternate be appointed to the Zoning Hearing Board and he recommended Barbara Platt.
MOTION by Hartley, seconded by Biggins, to appoint Barbara Platt as an alternate to the Zoning Hearing Board. Motion carried.
Craig Hartley, Road Superintendent, issued the Road Master report. Hartley reported that the prep for paving both ends of Greenridge and Poplar Springs Roads is now complete. Paving is scheduled for the week of August 25, weather permitting. The crush and run is down on Mountain Road as part of the dirt road grant and straw and seed were put down to satisfy the Soil Conservation. Oil and chipping is scheduled for the week of September 15. A curb and culvert were installed as part of the agility agreement with Hamiltonban. The culvert at Steve Williams’s property was repaired and a curb was installed at Bingaman Road and Old Route 30. A dry hydrant for Buchanan Valley Fire Department was installed.
Supervisor Hartley stated that he would like to apply for enough money from Soil Conservation to put down crush and run on Pine Tree Road in 2004. Supervisors Biggins and Fetter agreed.
Supervisor Hartley reported that he spoke with Tom Lavin, engineer for Modjeski and Masters, regarding the Crooked Creek bridge. Hartley referred him to Tim Knoebel, KPI Technology, to answer his questions.
Supervisor Hartley reported that he spoke with Philip Huntsberger, representative from the Urban Research and Development Corporation regarding the Western Adams County Regional Parks Feasability Study which will encompass the Lovejoy property owned by Mr. Sterner. The plan is to create a passive park.
Supervisor Tim Biggins reported that the Supervisors met with the engineers to initiate the re-writing of an Act 537 plan for a sewer project in Mcknightstown and Cashtown.
Walton Davis, Solicitor, reported that John White, attorney for Sturges, wants the Supervisors’ permission for Mr. Davis and Mr. White to get together and discuss some changes for the clustered development section of the zoning ordinance.
Tim Knoebel, KPI Technology, reported that the area on Poplar Springs has been cleared and staked out for the sandmound. Knoebel approximated that it would be at least 2 more weeks before the grant money is released.
OLD BUSINESS
MOTION by Hartley, seconded by Biggins, to adopt the Poplar Springs sewer ordinance no. 2003-3. Motion carried.
NEW BUSINESS
MOTION by Biggins, seconded by Hartley, to adopt Franklin Township’s Emergency Operation Plan under resolution no. 2003-4. Motion carried.
MOTION by Hartley, seconded by Fetter, to adopt resolution no. 2003-5 authorizing the succession of municipal officers in an emergency. Motion carried.
There being no further business to conduct meeting adjourned at 8:30.
Respectfully submitted,
Lori J. Killinger
Secretary/Treasurer
SEPTEMBER 4, 2003
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer
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
Jim Herring, a resident of Old Route 30 in Cashtown, was present to inquire about possible restrictions on property owners that may arise as a result of making Old Route 30 a bi-way. Merry Bush, Planning Commission Member, stated that the only restrictions she knew of were on billboards and cell towers but she has only started researching the topic. She told Mr. Herring that there will be a public comment period on the topic before any decisions are made.
In addition, Mr Herring inquired about the sewer project planned for the Cashtown and McKnightstown area. Supervisor Craig Hartley stated that the Supervisors and engineers are hoping to meet with DEP in October to begin planning the project. The planning process could extend over the next two years before construction begins.
Lastly, Mr. Herring inquired about an investigation within the township. Supervisor Hartley stated that there is an ongoing investigation and once completed, it will be made public.
John Chiuchiolo, resident of Orchard Road, was present to discuss some right-of-way issues with regards to Mr. Tom Wetzel’s current legal matter which was discussed at the June 2003 meeting. Mr. Chiuchiolo’s has the same concerns as Mr. Wetzel.
Pat Schindel, Planning Commission Chairperson, stated that there will not be a zoning workshop in October. She is having some difficulty finding a speaker to discuss soils and is still looking.
APPROVAL OF BILL LIST #9
MOTION by Fetter, seconded by Biggins, to approve Bill List #9, checks 22406-22482 totaling $44,441.01 and state fund checks 6183-6186 totaling $8,154.61. Motion carried.
PRELIMINARY PLANS
None
FINAL PLANS
None
SEWAGE FACILITIES PLANNING MODULE
MOTION by Hartley, seconded by Biggins, to adopt resolution #2003-06 approving the sewage facilities planning module for Hundredfold Farm Community as part of the Township’s Act 537 Plan, contingent on revising the design to increase the capacity by 400 gallons for the planned community center. Motion carried.
REQUESTING ADDITIONAL 90 DAY TIME LIMIT EXTENSION
MOTION by Fetter, seconded by Biggins, to grant Randall Tenney another 90 day extension. Motion carried.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of August there were 14 building permits issued with a construction value of $238,200 as well as 3 driveway permits, 1 home occupation permit, 1 storage of mobile home permit, and 37 use and occupancy certificates. He issued 2 verbal warnings, 2 written warnings, and addressed 3 complaints. Temchack stated that he is working with Adams County Assessment and Mapping Departments to implement the GIS Data system at Franklin Township. In addition, Temchack visited all building permit sites for 2003 and issued use and occupancy certificates for completed projects.
Craig Hartley, Road Superintendent, issued the Road Master report. Hartley reported that due to Penn Dot’s new regulations in House Bill 2410 the township will need to order “Turn headlights on in work zone” signs and speed display signs. Greenridge and the upper end of Poplar Springs Road have been paved. The lower end of Poplar Springs will be paved upon completion of the sewer project. Tiles will be installed on Pine Tree and Goldenville Roads. Oil and chipping will start September 15. Lines were painted on New, Church and Bottom Roads. Other line painting will be done after oil and chipping is completed.
Supervisor Dan Fetter asked Solicitor Walton Davis about two issues on which residents have approached him. One question concerned the requirement of a sign permit for yard sale signs. Solicitor Davis stated that a permit is not required for temporary signs. The second issue was whether the township was permitted or had a right to put a moratorium on development within the township. Solicitor Davis responded that due to all the pressures from developers and lobbyists, no laws have been passed to allow townships to declare moratoriums on development.
Gil Picarelli, KPI Technology, reported that the sandmound for the Poplar Springs sewer system was almost complete and ready for testing. Picarelli stated that the grant money for this project should be released the following week.
Picarelli also reported that he had completed his research of prior investigations done for the Cashtown Act 537 plan and was going to contact DEP to set up a meeting.
OLD BUSINESS
None
NEW BUSINESS
None
Darren Flake, a resident Tillietown Road, expressed concern over a special exception granted to Richard Allen of Tillietown Road.
Supervisor Hartley stated that the zoning hearing board is an entirely separate entity from the Board of Supervisors. The Supervisors have no say in the decisions they make. Mr. Flake questioned why the special exception was granted. Solicitor Davis stated that if all facts presented during the hearing meet all requirements, then the special exception must be granted.
There being no further business to conduct meeting adjourned at 8:10.
Respectfully submitted,
Lori J. Killinger
Secretary/Treasurer
OCTOBER 2, 2003
SUPERVISORS PRESENT: Dan Fetter, Tim Biggins
OTHERS PRESENT: Gil Picarelli, KPI Technology; Lori Killinger, Secretary/Treasurer; Jim Temchack, Code Enforcement Officer
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
MOTION by Biggins, seconded by Fetter, to approve the minutes of the last meeting as pre-read by the Supervisors. Motion carried.
GUESTS
John and Alice Paxson were present to inquire if they needed a land development plan to add a bed and breakfast to their home on Crooked Creek Road. Gil Picarelli, KPI Technology, stated that by definition the Paxson’s are required to have a land development plan. Supervisor Dan Fetter agreed. The Paxson’s asked for some clarification on what is to be included on their preliminary land development plan. Picarelli showed them Section 6 in the Subdivision and Land Development Ordinance where the preliminary plan requirements were listed. Picarelli advised them to hire someone who is experienced in preparing land development plans.
Laura Tarbet of Poplar Springs Road was present to discuss her concerns regarding dogs. Tarbet raises alpacas among other livestock. Tarbet stated that she has lost 8 alpacas, a value of $200,000, because her neighbors’ dogs are chasing them to death. She stated that the alpacas are basically defenseless, their only defense is to run. She has tried to get help from the State Police and the Dog Warden. Neither have been able to successfully address her concern. Supervisor Tim Biggins stated that there is nothing the Board of Supervisors can do. Biggins suggested she speak with a supervisor from the Department of Agriculture who oversees the Dog Warden, Ken Brame, or request to speak with a supervisor from the State Police barracks.
David Kuhn was present to discuss the alleys that join his orchard with High Street and Route 30. Kuhn owns the alleys but would like to transfer them to the adjoining property owners. He inquired whether a subdivision was required. Supervisor Biggins stated that he would call Solicitor Davis and ask for his advice.
Merry Bush stated that she has one more Lincoln Highway sign to be installed. She inquired whether the road crew could install it east of Seven Stars on Route 30. Supervisor Fetter said he would tell the road crew.
Bush added that the Lincoln Highway Heritage Corridor is asking for recipes to be submitted to them to be included in the cookbook they will be publishing to commemorate the 90
th anniversary of the Lincoln Highway.
Bush stated that she is now a member of the Green Ribbon Commission.
Harry Jarvinen, architect hired by the previously mentioned Paxson’s, was present to pose a question regarding the Paxson’s Land Development Plan. Jarvinen asked whether he should send a copy of the plan to Cumberland Township since half of the Paxson’s property lies in Cumberland Township. Picarelli suggested as a courtesy to that township, Mr. Jarvinen could offer it to them. Picarelli guessed that since the portion of the property being developed lies within the Franklin Township side, Cumberland Township will probably not be too concerned with it.
Darrin Flake, a resident, asked about the procedure the township has for appointing members to the Planning Commission, Zoning Hearing Board, and the Municipal Water Authority. Supervisor Fetter stated that if a member’s term is about to expire, they ask whether the member would be interested in serving another term. If the member decides to step down, the Supervisors start inquiring within the township to find a replacement. Fetter told Mr. Flake to submit a letter stating which committee he would be interested in serving on and once there is an opening, the Supervisors will consider making him a member.
Mr. Flake also presented his concern regarding the use of ‘jake brakes’, high truck traffic, and speeding on Tillietown Road. Flake asked if the township could put a weight limit on that road to minimize the truck traffic. Supervisor Biggins stated that there was a weight limit posted for the bridge on Tillietown Road, however, it was not enforceable by the township.
Merry Bush expressed concern over one individual driving a small gray car which she has noticed speeding on Old Route 30 at speeds of 65-80 mph between 10:45 pm and 11:45 pm. Supervisor Biggins said he would make a note of it.
APPROVAL OF BILL LIST #10
MOTION by Biggins, seconded by Fetter, to approve Bill List #10, checks 22483-22535 totaling $60,619.61 and state fund checks 6187-6188 totaling $50,822.94. Motion carried.
FINAL PLANS
MOTION by Biggins, seconded by Fetter, to approve the final subdivision plan no. 03-230 of Dale D. Eckert as submitted. Motion carried.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of September there were 11 building permits issued with a construction value of $479,600 as well as 1 road occupancy permit, 2 sign permits, and 11 use and occupancy certificates. He issued 4 verbal warnings, 1 written warning and addressed 3 complaints.
Secretary / Treasurer Lori Killinger reported that Ruth Biesecker officially withdrew her subdivision plan since she has a buyer interested in the entire tract.
Supervisor Dan Fetter issued the Road Master’s report. Fetter reported that spot oil and chipping has been completed on Railroad, Crooked Creek, Blue Ribbon, Plantation, Mountain, Miltonberger, Newman, Green Ridge, Jack, Hickory Bridge and Sunset Roads and Old Route 30. When Poplar Springs Road is paved it will also be oil and chippled.
The Gravel Road Grant project on Pine Tree Road will be completed within the next week or two. The wet weather is causing a delay.
Yellow lines will be painted on roads during the week of October 13
th.
Supervisor Tim Biggins reported that the Supervisors and township engineers met with a representative of DEP for the first time to discuss plans for a sewer system in Cashtown and Mcknightstown. The first step to this project is to ask the engineers to prepare a task activity report to submit to DEP.
Gil Picarelli, KPI Technology, reported that the rain has delayed the Poplar Springs sewer project. Picarelli stated that the sandmound is done, its just not covered. The piping is in for the mound, the tanks are in, the pumps are in, the control panel is in and ready to go and 600-700 feet of sewer main is in the ground. Picarelli asked the Supervisors to grant Richard Weidner an extension to complete the sewer system.
MOTION by Biggins, seconded by Fetter, to grant Richard E. Weidner an extension until November 7, 2003 to complete the Poplar Springs sewer project. Motion carried.
Secondly, Picarelli presented the Supervisors with the first invoice from Richard Weidner. According to the contract with Weidner the township is permitted to retain 10% of Weidner’s compensation until the project is completed. Therefore, Picarelli recommended that the Supervisors approve payment in the amount of $78,354.18 to Richard Weidner.
MOTION by Biggins, seconded by Fetter, to approve payment of invoice #1217 to Richard E. Weidner in the amount of $78,354.18 and to retain $8,706.02 of the invoice to pay upon completion of the project. Motion carried.
OLD BUSINESS
MOTION by Biggins, seconded by Fetter, to authorize copies of Sturge’s proposal for Zoning Ordinance amendments be sent to the Adams County Office of Planning and Development and the Franklin Township Planning Commission for review and comment. Motion carried.
MOTION by Fetter, seconded by Biggins, to schedule a public hearing for November 6 at 6:30 to receive comment on Sturge’s proposal for Zoning Ordinance amendments, and authorize the secretary to advertise. Motion carried.
NEW BUSINESS
MOTION by Biggins, seconded by Fetter, to authorize the township engineers to prepare a task activity report for Phase 1B of the township’s Act 537 plan. Motion carried.
MOTION by Fetter, seconded by Biggins, to set Trick-or-Treat for October 30 from 6 to 8 pm. Motion carried.
There being no further business to conduct meeting adjourned at 8:10.
Respectfully submitted,
Lori J. Killinger
Secretary/Treasurer
NOVEMBER 6, 2003
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor, Lori Killinger, Secretary/Treasurer; Jim Temchack, Code Enforcement Officer
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 Fetter, seconded by Hartley, to approve the minutes of the last meeting as pre-read by the Supervisors. Motion carried.
GUESTS
Allen Beckett was present to ask if the Supervisors would allow him to submit a preliminary / final plan for a property on Route 30. Gil Picarelli, KPI Technology, explained that Beckett wants to subdivide off .242 acres of this property to sell to the neighboring property so that the neighboring property’s sewer system will actually be on their property. Solicitor Walton Davis and the Supervisors agreed that only a final plan would be required for this plan.
Merry Bush thanked the township road crew for installing the last Lincoln Highway sign. Bush complained about the date for trick-or-treat stating that trick-or-treat has always been on October 31. She added that it conflicted with the tax collector’s evening hours. Supervisor Hartley said he would take this into consideration next year.
Richard Seifert of Seven Stars Road was present to request an exemption from planning. Picarelli explained that Seifert’s property was subdivided a couple years ago and Seifert never did any planning for that lot. Seifert never did any testing or created any sewage facilities for that
lot either. Now Seifert would like to sell the lot and the buyer’s want to be sure that they can put a septic system on the lot. Instead of doing a planning module, Seifert completed a postcard which is 2 percs and 2 probes to request an exemption from planning. This will be sent to DEP.
MOTION by Hartley, seconded by Fetter, to approve the planning exemption of Richard Seifert. Motion carried.
Brodie Sturges was present to request that the Supervisors consider making a motion to adopt Ordinance No. 2003-08, pertaining to planned golf communities, at their December meeting following the public hearing. Supervisor Hartley stated that he would consider this if there are no major changes or objections to it. Mr. Sturges stated that his attorney, John White, would advertise the public hearing.
APPROVAL OF BILL LIST #11
MOTION by Fetter, seconded by Hartley, to approve Bill List #11, checks 22536-22653 totaling $179,646.31 and state fund checks 6189-6191 totaling $40,328.45. Motion carried.
PRELIMINARY PLAN
MOTION by Hartley, seconded by Fetter, to approve the preliminary subdivision plan no. 03-236 of Robert and Helen Kimple, pending the comments by KPI are addressed and the paragraph per Solicitors Davis’ suggestion is added. Motion carried.
ADDITIONAL 90 DAY TIME LIMIT EXTENSION
Secretary Killinger inquired about the fees Randall Tenney would be responsible for when submitting a new preliminary plan. Solicitor Davis stated that if the Supervisors grant him an extension he is still submitting under the old filing fee and therefore, would be responsible for any fees which exceed the application fee. Supervisor Hartley agreed.
MOTION by Hartley, seconded by Fetter, to grant Randall Tenney another 90 day extension pending that he pays any review fees which exceed the original filing fee of $400. Motion carried.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of October there were 13 building permits issued with a construction value of $505,400 as well as 1 driveway permit, 1 sign permit, and 10 use and occupancy certificates. He issued 3 verbal warnings, 3 written warnings and addressed 3 complaints. In addition, Temchack stated that he visited all 2003 building permit sites and issued use and occupancy certificates for completed projects. Along with Secretary Killinger, he reviewed the critique for the codification project which was then sent to Solicitor Davis for his review and suggestions.
Secretary Killinger reported that along with Jim Temchack, she reviewed the fee schedule and made suggestions regarding updates and additions. Killinger presented the Supervisors with a Resolution to adopt the new fee schedule if they approved of it. Killinger stated that she would send the new fee schedule to General Code for incorporation into the new code book. Picarelli suggested adding an administration fee to cover the secretary’s time and other administrative costs. Killinger stated that she compared the fee schedules of three other municipalities with the township’s while revising the fee schedule.
MOTION by Hartley, seconded by Fetter, to approve Resolution No. 2003-07, pending wording is added to the fee schedule indicating an administrative fee of $50 is deducted from the subdivision and land development fees. Motion carried.
Secretary Killinger also reported that she attended the PSATS grant writing seminar and the PLGIT seminar in October.
Craig Hartley, Road Superintendent, issued the Roadmaster’s report. Hartley reported that all road lines have been painted for the year. Oil and chipping is complete. The road crew will start to cut brush next week. The Pine Tree and Mountain Road project is complete. Approximately $22,000 in grant money will be coming from Adams County Soil Conservation towards this project. Hartley submitted another grant application for $26,000 to complete the Pine Tree Road project next year. He spoke with Deb Musselman who did not foresee any problems.
Gil Picarelli, KPI Technology, reported that the Task Activity Report (TAR) is complete and presented the Supervisors with three maps proposing possible study areas for Phase 1B of the Act 537 plan which includes Cashtown, Mcknightstown, and the Seven Stars areas. The Supervisors were in favor of the third map that Picarelli presented which encompassed a larger study area.
MOTION by Hartley, seconded by Fetter, authorizing KPI Technology to send the TAR to DEP. Motion carried.
MOTION by Fetter, seconded by Hartley, to grant Richard E. Weidner an extension until December 5, 2003 to complete the Poplar Springs sewer project. Motion carried.
Picarelli presented the Supervisors with two change orders for the Poplar Springs project. The change orders were for a clay dike and a discharge pipe to solve the water problems.
MOTION by Hartley, seconded by Fetter, to approve the change orders for Richard Weidner and the Poplar Spring project totaling $15, 020.40. Motion carried.
MOTION by Hartley, seconded by Fetter, to approve payment of invoice #1326 to Richard E. Weidner in the amount of $19,078.01. Motion carried.
Picarelli added that he would like to set up a meeting with the Supervisors to discuss fees for the Poplar Springs residents and how they prefer to manage that.
OLD BUSINESS
None
NEW BUSINESS
MOTION by Hartley, seconded by Fetter, to tentatively adopt the 2004 Budget, showing no increase in taxes, at the December 4, 2003 Supervisors’ Meeting, and authorize advertising. Motion carried.
There being no further business to conduct meeting adjourned at 8:05.
Respectfully submitted,
Lori J. Killinger
Secretary/Treasurer
DECEMBER 4, 2003
SUPERVISORS PRESENT: Craig Hartley, Dan Fetter, Tim Biggins
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor, Lori Killinger, Secretary/Treasurer; Jim Temchack, Code Enforcement Officer
The meeting, held at the Franklin Township Municipal Building, was called to order at 8:10 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.
APPROVAL OF SPECIAL MEETING MINUTES
MOTION by Biggins, seconded by Fetter, to approve the minutes from the November 19, 2003 special meeting as pre-read by the Supervisors. Motion carried.
APPROVAL OF BILL LIST #12
MOTION by Fetter, seconded by Biggins, to approve Bill List #12, checks 22654-22731 totaling $67,614.53 and state fund account charge of $10.00. Motion carried.
PRELIMINARY PLAN
Robert Sharrah, surveyor, requested relief from submission of a complete land development plan for John and Alice Paxson due to the simplicity of the project.
MOTION by Hartley, seconded by Fetter, to approve preliminary / final plan no. 03-235 pending the comments of the Planning Commission and KPI are addressed on a revised plan. Motion carried.
FINAL PLAN
MOTION by Hartley, seconded by Fetter, to approve final plan no. 03-236 and
Form B of Robert and Helen Kimple as submitted. Motion carried.
STORMWATER MANAGEMENT PLAN
Picarelli stated that the Planning Commission tabled the stormwater management plan so the Gettysburg Youth Soccer Club’s consultants could address KPI’s comments. Pat Schindel, Planning Commission, requested they do a land development plan. Solicitor Davis read the Municipalities Planning Code’s definition of a land development plan. According to the definition, Davis stated they are not required to do a land development plan. Davis stated that the Planning Commission is entitled to request that they do a land development plan if they wish.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of November there were 10 building permits issued with a construction value of $238,000 as well as 1 driveway permit and 11 use and occupancy certificates. He issued 1 verbal warning, 2 written warnings and addressed 3 complaints.
In addition, Temchack reported that the Uniform Construction Code (Act 45) had been approved by the Independent Regulatory Review Commission and would be published in the
Pennsylvania Bulletin in January 2004. Act 45 will take effect 90 days after its publication.
Temchack reported that he visited building permit sites and issued use and occupancy certificates for completed projects.
Craig Hartley, Road Superintendent, issued the Roadmaster’s report. Hartley reported that the road crew had been grading some dirt roads, cutting brush and preparing for winter. The new salt bay is complete. The township has 500 tons of premixed anti-skid and salt as well as 200 tons of salt.
Gil Picarelli, KPI Technology, presented the Supervisors with a letter to consultants Modjeski & Masters, Inc. The letter stated that KPI was reviewing the preliminary hydrologic and hydraulic report for the Crooked Creek Road Bridge project and KPI requested additional information to better distinguish if there was a concern regarding potential impacts from an increase in water surface elevation.
In addition, Picarelli presented a requisition for payment to Richard Weidner.
MOTION by Hartley, seconded by Fetter, to approve payment of invoice #1374 to Richard E. Weidner in the amount of $30,963.73. Motion carried.
Picarelli stated that the total cost to date for the Poplar Springs project was $128,395.92. After using the $120,000 in grant money the township needs to make arrangements to borrow the remainder. Picarelli stated that he would arrange a meeting with the Supervisors and Secretary to discuss these final details.
OLD BUSINESS
MOTION by Biggins, seconded by Fetter, to adopt the 2004 Budget, with no increase in taxes which are currently 1.1312 mills. Motion carried.
Mr. John White, attorney for Sturges, again reviewed the proposed ordinance with the Supervisors and addressed all language concerns which were previously mentioned in the public hearing.
MOTION by Fetter, seconded by Hartley, to adopt Ordinance no. 2003-08 incorporating the language changes as discussed. Motion carried.
NEW BUSINESS
Jim Temchack, Code Enforcement Officer, requested an ordinance be drafted to regulate flea markets, yard sales and parking. Specifically, Temchack wanted to be able to address the concerns brought to him regarding the Route 30 weekend flea market and dangerous parking situation. Supervisor Biggins suggested Temchack work with Solicitor Davis on drafting an ordinance.
Solicitor Davis presented the Supervisors with a drafted ordinance which would allow the township to recover reasonable attorney fees expended in the recovery of a claim or penalty.
MOTION by Hartley, seconded by Fetter, to tentatively adopt the Attorney Fee Recoupment Ordinance at the January 5, 2004 Board of Supervisors’ meeting, and authorize the secretary to advertise. Motion carried.
MOTION by Biggins, seconded by Hartley, to appoint James Temchack as Deputy Emergency Management Coordinator pending Governor approval. Motion carried.
There being no further business to conduct meeting adjourned at 9:12.
Respectfully submitted,
Lori J. Killinger
Secretary/Treasurer