Board Of Supervisors Meeting Minutes 2007
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- February
- March Special Meeting
- March
- April Public Hearing
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- May Special Meeting
- May Public Hearing
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- September Special Meeting
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Franklin Township, Adams County
Board of Supervisors
Reorganizational / Regular Meeting
SUPERVISORS PRESENT: Daniel Fetter, Sandra Spence and Craig Hartley
OTHERS PRESENT: Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer.
The pledge of allegiance was recited by all in unison.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to appoint Daniel Fetter as temporary Chairman. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Lori Killinger as temporary Secretary. Motion carried, 3-0.
The meeting, held at the Franklin Township Municipal Building, was called to order at 1:00 p.m. by the temporary Chairman, Dan Fetter.
No members of the public were present.
REORGANIZATION
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to elect Daniel Fetter as Chairman of the Board. Motion carried, 3-0.
MOTION by Supervisor Hartley, seconded by Supervisor Fetter, to elect Sandra Spence as Vice-Chairman of the Board. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to appoint Lori Killinger as Office Manager/Secretary/Treasurer with an increase of $.50 per hour setting the wage at $18.50 per hour. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to establish the Treasurer’s Bond at $600,000. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Charles Ritter as the Roadmaster with an increase of $.41 per hour setting the wage at $16.95 per hour. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Rivers Grove as the Assistant Roadmaster with an increase of $.60 per hour setting the wage at $15.69 per hour. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Jeffrey Black as the temporary Assistant Roadmaster with an increase of $.58 per hour setting the wage at $15.17 per hour. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Curtis MacBeth as Road Crew employee with an increase of $.52 per hour setting the wage at $13.52 per hour. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to appoint Bill Singley as part-time Road Crew employee setting the wage at $13.00 per hour. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint James Temchack as the Zoning/Code Enforcement Officer with an increase of $1.00 per hour setting the wage at $15.50 per hour. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to appoint Walton V. Davis as the Township Solicitor at $120 per hour. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to appoint KPI Technology as the Township’s Engineering Firm. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Spence, to appoint Gil Picarelli as the Sewage Enforcement Officer. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Dominic Picarelli and Leah Heine as the alternate Sewage Enforcement Officers. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Linda McDannel as the Vacancy Board member. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to appoint Merry Bush and Pat Schindel to the Franklin Township Planning Commission for another term ending in 2010. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Dick Hartman as a Municipal Authority member for another term ending in 2011. Motion carried, 3-0.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to appoint Elizabeth Fetter as a Zoning Hearing Board member and Barbara Platt as an alternate member for a term ending in 2009. Motion carried, 2-1, with Dan Fetter abstaining as the appointee is his spouse.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to establish PLGIT and Adams County National Bank as the depositories for Township funds. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to set the 2007 Board of Supervisors meetings for the first Thursday after the first Wednesday of each month. On odd months the meetings will start at 10:00a.m. and on even months the meetings will start at 7:30p.m. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to certify Craig Hartley as the State Convention Delegate and the Voting Delegate for Franklin Township. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to establish the 2007 holidays observed as the same as 2006 for township employees. Motion carried, 3-0.
There being no further business to conduct the reorganizational meeting was adjourned at 1:12 p.m. and the regular meeting was immediately called to order.
REGULAR MEETING
APPROVAL OF MINUTES
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to approve the minutes of the last meeting and December 7, 2006 public hearing minutes as pre-read by the Supervisors. Motion carried, 3-0.
APPROVAL OF BILL LIST #1
MOTION by Supervisor Spence, seconded by Supervisor Hartley, to approve Bill List #1, General Fund checks 25751-25844 totaling $97,152.01, State Fund checks 6287-6289 totaling $2,699.30, Sewer Fund checks 1112-1116 totaling $1,114.33 and 2006 Project Account checks 1016-1017 totaling $46,931.34. Motion carried, 3-0.
PRELIMINARY PLANS
None
FINAL PLANS
None
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of December there were 2 UCnC building permits and 5 land use permits issued with a construction value of $82,000.00.
In addition, he issued 6 use and occupancy certificates, 4 temporary occupancy certificates and 1 sign permit. Temchack issued 2 verbal warnings, 6 written warnings and 1 stop work order. He addressed complaints of garbage on Mountain Road and building permit concerns for a local commercial building. Temchack stated that on December 4th, the Zoning Hearing Board approved a special exception for Tom Kalathus allowing for storage building units on Route 30.
Jim Temchack gave a year end report for 2006. There were 96 UCnC building permits, 112 land use permits, 13 old style building permit renewals and 1 new style building permit renewal issued with a construction value of $9,088,800.00.
In addition, a total of 122 use and occupancy certificates, 4 temporary occupancy certificates, 11 driveway permits, 3 home occupation permits, 9 sign permits, 1 storage of moveable dwelling unit permit, 7 demolition permits, 12 flea market/yard sale permits and 1 sexually oriented business license were issued. Temchack also had 4 Zoning Hearing Board applications consisting of 1 special exception, 1 variance and 2 appeals. He issued a total of 4 citations, 21 verbal warnings, 76 written warnings, 3 yard sale warnings, 3 dangerous structure warnings and 2 stop work orders. He addressed a total of 28 complaints concerning garbage, animals, neighbor disputes, parking, signs and building permits.
Lori Killinger, Secretary/Treasurer, reported that she and Rivers Grove met with Nancy Morgan from PEMA. Nancy Morgan had some questions regarding the June flood and wanted to review the request for reimbursement. During the meeting, additional expenses were realized and added to the claim which finally totaled $77,912.83. Morgan said following approval, the township should receive a check in January or February.
Killinger reported that she sent a letter to the Commissioners requesting their consideration to use Act 137 funds for the sewer project. Killinger also reported that she would be submitting the CDBG application later that day. The public hearing for CDBG applications was scheduled for Wednesday, January 10, 2007 at 9:00a.m.
Secretary Killinger read Craig Zack’s (KPI Technology) status report. The Part II Water Quality Management Permit was submitted to DEP on December 29, 2006. A subdivision plan was prepared and will be submitted to the township for the Norman property where the wastewater treatment facility will be located. The land development plan will follow. Application for funding through PennVest will begin this month.
Supervisor Fetter stated his appreciation for the opportunity to be Chairman. He stated Craig Hartley has done a great job.
Supervisor Hartley read the Assistant Roadmaster’s report for December. Rivers Grove was continuing work on the Equipment Maintenance and New Filter log books. New tires were put on the rear of the backhoe. 6 new stop signs, 6 new sign posts and 6 ground stakes were ordered. New blades were ordered for the Tiger boom mower. A road sign for Seven Stars Road was ordered. Three quotes for tree work on Orchard Road were received from Cumberland Valley Tree Service, Atlas Tree Service and Pennington Tree Service. Pennington Tree Service’s estimate was the lowest at $4,800. Brush was cut on Green Ridge, Hickory Bridge, Jack, Poplar Springs and Ragged Edge Roads. A stop sign, post and ground stake were replaced at Bingaman Road and Old Route 30. Old tile was hauled to A & A. The new loader should be delivered on Friday. For the year, 11 driveway permits were issued and all PennDot completion reports had been submitted for the 2006 road project. Supervisor Hartley suggested Rob Kuykendall as a temporary employee to plow snow while Rivers Grove was out on leave. Supervisor Fetter stated he would consider it.
OLD BUSINESS
None
NEW BUSINESS
Secretary Killinger stated a resolution needed to be passed authorizing the Adams County Commissioners to apply for CDBG money on behalf of Franklin Township.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to adopt Resolution 2007-01, the CDBG Resolution. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to change the policy for acquiring written estimates for services between $4,000 and $10,000 to the requirement that the written estimate must be submitted in a sealed envelope when it is expected that a family member of a Supervisor or township employee or any other person which would create an alleged conflict of interest is asked for an estimate. Motion carried, 3-0.
Secretary Killinger presented the Supervisors with a revised fee schedule. The proposed changes included: changes to the fee for an in-ground swimming pool, the addition of a $2 fee to building permits which will in turn go to the Department of Labor and Industry, changes to fees for subdivision and land developments, changes to the fee for a UCC appeals board hearing and the addition of transportation impact fees.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to adopt Resolution 2007-02, the Franklin Township fee schedule.
Motion carried, 3-0.
MOTION by Supervisor Spence, seconded by Supervisor Hartley, to adopt Resolution 2007-03, the NIMS Resolution. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to set the mileage reimbursement rate at the IRS rate of 48.5 cents per mile. Motion carried, 3-0.
GUESTS
No members of the public were present.
There being no further business to conduct meeting adjourned at 1:32 p.m.
Respectfully submitted,
Lori J. Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Regular Meeting
SUPERVISORS PRESENT: Daniel Fetter, Sandra Spence and Craig Hartley
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/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, Daniel Fetter.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to approve the minutes of the January Reorganizational meeting and regular meeting as pre-read by the Supervisors. Motion carried, 3-0.
APPROVAL OF BILL LIST #2
MOTION by Supervisor Spence, seconded by Supervisor Hartley, to approve Bill List #2, General Fund checks 25845-25918 totaling $87,132.64, State Fund checks 6290-6295 totaling $47,746.77, Sewer Fund check 1117 totaling $15.12 and 2006 Project Account checks 1018-1020 totaling $40,255.34. Motion carried, 3-0.
SEWAGE MODULES
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to approve the sewage
module for John and Laura Tarbet of Poplar Springs Road. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the sewage
module for John Unger of Gun Club Road. Motion carried, 3-0.
PRELIMINARY / FINAL PLANS
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the preliminary/final subdivision plan and E&S plan for the Franklin Township Wastewater Treatment Plant on Chambersburg Road. Motion carried, 3-0.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to approve the preliminary/final subdivision plan and sewage module for Elliott Schlosser of Bottom Road pending KPI’s comments 2, 3, 4 and 6 are addressed. Motion carried, 3-0.
REVISED FINAL
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the revised final
subdivision plan for Thomas and Jamie McGlaughlin of Chambersburg Road. Motion
carried, 3-0.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer reported that for the month of January he issued 2 UCnC building permits and 2 land use permits and renewed 1 building permit with a total construction value of $20,000.00. He issued 4 use and occupancy certificates, 4 temporary occupancy certificates, 2 sign permits, 1 home occupation permit and 2 sexually oriented business licenses. Additionally, he issued 1 verbal warning, 2 written warnings and 1 stop work order.
Temchack addressed complaints and concerns over an indoor sauna pool and bed and breakfast businesses. Temchack attended a zoning officer course at the Mount Pleasant Township building on January 17th.
Merry Bush, Planning Commission Chairperson, reported that the Franklin Township Planning Commission recommended approval of proposed Ordinance 2007-01, the Ag worker housing zoning ordinance amendment.
Lori Killinger, Secretary/Treasurer, reported that she submitted Appropriations Requests to Senator Specter and Congressman Platts’ offices. In addition, Killinger reported that she left a message with a PEMA representative asking about the status of the reimbursement check for the June 2006 flood.
Supervisor Fetter asked about the possible $300,000 grant for the sewer through Senator Specter’s office. Killinger stated that all appropriations that were on the Bill were eliminated and no projects for 2007 were granted any funding.
Supervisor Spence reported that she attended the York Adams Tax Bureau Board meeting on January 29, 2007. The earned income tax payback deadline was extended to December 2009.
In addition, Spence reported that she attended the public hearing for the CDBG money. Killinger stated that the County still does not know the amount of CDBG money they are getting from DCED but if they get the same amount as last year, $133,000 in CDBG money will be set aside to assist individuals who will be hooking up to the sewer.
Supervisor Craig Hartley gave the Assistant Roadmaster’s report for January. The road crew cut brush and opened a side ditch on Scott School Road; cut brush on Scott School, Mt. Carmel, Jack, Peach Tree and Poplar Springs Roads; plowed roads several times; fixed pot holes on hard surfaced roads and some on dirt roads; replaced road signs that were vandalized on Short Cut, New and Bottom Roads; and hauled and restocked anti-skid and stone used during the snow. Alpha Space painted lines on Bingaman, Green Ridge and Crooked Creek Roads. The lines did not stick well in some areas and Alpha Space will redo them in the spring at no charge.
Gil Picarelli, KPI Technology, updated the Board on the status of the Cashtown/McKnightstown sewer project. The sewer plans were submitted to PA DEP on December 29, 2006. They have 90 days to respond. The Thomas Norman subdivision plan was approved. KPI was trying to schedule a meeting with PENNDOT to discuss their road project along Orrtanna Road and its impact on the sewer project.
OLD BUSINESS
None
NEW BUSINESS
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to appoint Sandra Spence as
the Representative and Lori Killinger as the Alternate Representative to the York Adams Tax
Bureau Board of Directors. Motion carried, 3-0.
Solicitor Walton Davis stated there were three different forms of right of way agreements for the sewer project in front of the Supervisors. One was for an individual property owner that will have a permanent and construction easement. One was for entity-owned properties. The last one was a temporary construction right of way for construction easements only.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to approve the sewer right of
way agreement for individual property owners, sewer right of way agreement for entity-owned
properties and sewer temporary construction right of way agreement. Motion carried, 3-0.
Solicitor Davis stated that at least one agricultural business owner had contacted the township indicating that for them to continue to be economically viable in today’s agricultural economy they needed to be in a position where they could offer agricultural housing for their workers. There was pressure to use a type of housing approved by other governmental entities other than the township. One of the types of housing favored was mobile homes. In the agricultural zone, mobile home parks were not permitted. A system was needed for active farmers to have a place for their ag workers and families to live. An ordinance was presented to the Supervisors which allowed mobile homes to be used. The ordinance allowed for 1 mobile home for every 10 acres of ag land worked. If a mobile home was empty for two years it would need to be removed and if the land owner was no longer involved in ag business the mobile home would need to be removed. Solicitor Davis stated that we were doing this because we think the township’s ag district wants to promote and preserve agriculture and if housing is not provided to the workers, agriculture will not be preserved.
MOTION by Supervisor Hartley, seconded by Supervisor Fetter, to tentatively adopt Ordinance 2007-01, the Ag worker housing zoning ordinance amendment, to authorize the ordinance to be sent for review to the Adams County Office of Planning and Development and to the Planning Commission, to set the public hearing for April 5, 2007 at 7:00p.m. and to authorize its advertising. Motion carried, 3-0.
Supervisor Fetter read the bid specifications for drain tile. The bid read as follows: 800 feet of 15 inch ADS N-12 plain end, (40) 15 inch split couplers, 240 feet of 18 inch ADS N-12 plain end, (12) 18 inch split couplers, 120 feet of 24 inch ADS N-12 plain end, (6) 24 inch split couplers, 40 feet of 30 inch ADS N-12 plain end, (1) 30 inch split coupler, 100 feet of 36 inch ADS N-12 plain end, (5) 36 inch splice couplers and 40 feet of 48 inch ADS in line bell. Total delivered price, plain end with couplers.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to authorize the bidding of drain tile for 2007, to set a special meeting for March 1, 2007 at 9:00a.m. to open bids and to authorize its advertising. Motion carried, 3-0.
Solicitor Davis reviewed the Zentz shared driveway agreement.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to approve the Zentz shared driveway agreement. Motion carried, 3-0.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to exonerate the tax collector from uncollected real estate and per capita taxes for the year ending December 31, 2006. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to appoint Robert Kuykendall as a temporary part-time road crew employee setting his wage at $12.50 per hour. Motion carried, 3-0.
GUESTS
Joel Riddlemoser, resident, asked if the new part-time employee was eligible for medical benefits. Supervisor Fetter responded no. This employee was hired to help with plowing snow. Riddlemoser asked how many of the Supervisors were full-time employees and if all three were getting medical benefits. Supervisor Fetter responded none were full-time employees and all three were getting benefits.
John Parr, Deputy Chief of Buchanan Valley Volunteer Fire Department, reported the fire run totals for 2006 as follows: 136 total fire runs, 161hrs 34min total time on runs, 1221hrs 17min total man hours, 35 total personnel, 63 total fire runs in Franklin Township. The EMS run totals for 2006 were as follows: 186 total EMS runs, 142hrs 12 min total time on runs, 243hrs 7min total man hours, 33 total personnel, 186 total EMS runs in Franklin Township. Supervisor Fetter stated that the Supervisors were going to meet with the Chiefs of the fire departments in March.
Supervisor Hartley recognized Thomas Norman, Chief of Cashtown Fire Department, for his 19 years of service to the Cashtown Fire Department.
There being no further business to conduct meeting adjourned at 7:59 p.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
March 1, 2007
SUPERVISORS PRESENT: Daniel Fetter, Sandra Spence and Craig Hartley
OTHERS PRESENT: Lori Killinger, Office Manager/Secretary/Treasurer
The meeting, held at the Franklin Township Municipal Building, was called to order at 9:00 a.m. by the Chairman, Daniel Fetter.
The special meeting was advertised in the Gettysburg Times. There were no guests in the audience.
The meeting was scheduled to open the drain tile bids for the 2007 road project. The two bids received were from Chemung Supply Corp. and H & S Supply Co.
Chemung Supply Corp. bid the following:
800 feet of 15 inch ADS N-12 plain end $4.89/ft $3912.00 total
(40) 15 inch split couplers $6.38/ea $255.20 total
240 feet of 18 inch ADS N-12 plain end $7.25/ft $1740.00 total
(12) 18 inch split couplers $9.45/ea $113.40 total
120 feet of 24 inch ADS N-12 plain end $11.22/ft $1346.40 total
(6) 24 inch split couplers $14.61/ea $87.66 total
40 feet of 30 inch ADS N-12 plain end $17.77/ft $710.80 total
(1) 30 inch split coupler $37.00/ea $37.00 total
100 feet of 36 inch ADS N-12 plain end $22.91/ft $2291.00 total
(5) 36 inch splice couplers $47.03/ea $235.15 total
40 feet of 48 inch ADS in line bell $41.59/ft $1663.60 total
Total Bid $12392.21
H & S Supply Co. bid the following:
800 feet of 15 inch ADS N-12 plain end $4.99/ft $3992.00 total
(40) 15 inch split couplers $7.08/ea $283.20 total
240 feet of 18 inch ADS N-12 plain end $7.40/ft $1776.00 total
(12) 18 inch split couplers $10.49/ea $125.88 total
120 feet of 24 inch ADS N-12 plain end $11.44/ft $1372.80 total
(6) 24 inch split couplers $16.22/ea $97.32 total
40 feet of 30 inch ADS N-12 plain end $18.13/ft $725.20 total
(1) 30 inch split coupler $41.10/ea $41.10 total
100 feet of 36 inch ADS N-12 plain end $23.37/ft $2337.00 total
(5) 36 inch splice couplers $52.54/ea $262.70 total
40 feet of 48 inch ADS in line bell $42.42/ft $1696.80 total
Total Bid $12710.00
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to award drain tile bid for the 2007 road project to Chemung Supply Corp.
Motion carried, 3-0.
Supervisor Fetter adjourned the special meeting at 9:05 a.m.
Respectfully submitted,
Lori J. Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Regular Meeting
SUPERVISORS PRESENT: Daniel Fetter, Sandra Spence and Craig Hartley
OTHERS PRESENT: Craig Zack, KPI Technology; Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer.
The meeting, held at the Franklin Township Municipal Building, was called to order at 10:00 a.m. by the Chairman, Daniel Fetter.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to approve the February regular meeting minutes as pre-read by the Supervisors. Motion carried, 3-0.
APPROVAL OF BILL LIST #3
MOTION by Supervisor Spence, seconded by Supervisor Hartley, to approve Bill List #3, General Fund checks 25919-26007 totaling $57,598.16, State Fund checks 6296-6300 totaling $6,417.61, Sewer Fund checks 1118-1120 totaling $587.38 and 2006 Project Account check 1021 totaling $17,885.50. Motion carried, 3-0.
PRELIMINARY PLANS
The subdivision plan for John Unger was tabled by the Planning Commission because of a sight distance issue. Secretary Killinger stated two plans had been submitted by the applicant and both had been tabled. Solicitor Davis stated the township should get a statement from the applicant saying the final plan supersedes all previously submitted plans. Supervisor Hartley stated he would let the Unger’s know, according to a traffic study, what the speed limit should be on their road so sight distance could be calculated on their plan. DEP sewage module approval had also not been received.
Secretary Killinger stated two plans had been submitted by John and Laura Tarbet and action had not been taken on either one. The second plan took into consideration KPI’s comments on the first plan. Gil Picarelli, KPI Technology, stated the Planning Commission would like County’s comment 3A addressed in regards to delineation of the floodplain. Supervisor Hartley stated he would let them know what the speed limit should be along their road so sight distance could be calculated. Robert Sharrah, surveyor and applicants’ representative, stated that the second plan superseded the first plan. DEP sewage module approval had also not been received.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to table
the subdivision plan for John and Laura Tarbet of Poplar Springs Road.
Motion carried, 3-0.
PRELIMINARY/FINAL PLAN
Secretary Killinger stated the Planning Commission approved the subdivision plan for Regina Orndorff pending KPI’s comments 1, 2, 3 and 4. There was discussion about the buffer zone that KPI recommended they have.
MOTION by Supervisor Hartley, seconded by Supervisor Fetter, to table the
subdivision plan for Regina Orndorff of Chambersburg Road.
Motion carried, 3-0.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of February he issued 2 UCnC building permits with a total construction value of $24,000.00. He issued 10 use and occupancy certificates, 1 flea market and yard sale permit and 1 demolition permit. Additionally, he issued 2 written warnings and 1 stop work order.
Temchack addressed complaints and concerns from residents required to have their sewage systems pumped and inspected. Temchack attended a zoning hearing board course with Joel Riddlemoser, zoning hearing board member, at the Mount Pleasant Township building on February 27th.
Supervisor Fetter asked Secretary Killinger to add a message to the township answering machine directing the caller to contact KPI Technology for any sewer concerns or questions.
Lori Killinger, Secretary/Treasurer, reported that she submitted an Appropriations Request to Senator Casey’s office. In addition, Killinger reported that she was still working with PEMA to get the township reimbursed for the June 2006 flood.
Supervisor Craig Hartley gave the Assistant Roadmaster’s report for February. The road crew plowed and anti-skid roads several times during snow and/or ice storms. Several road signs were repaired that were damaged due to vandalism. Work was being done to fix pot holes.
Supervisor Fetter asked Killinger if the drain tile had been ordered. Killinger responded that she was waiting for the performance bond from Chemung before ordering the tile.
Craig Zack, KPI Technology, updated the Board on the status of the Cashtown/McKnightstown sewer project. Zack had been providing PA DEP with information to clarify some items in the Part II permit submission. As a requirement for the Part II permit, Kline’s sludge hauling service was asked to provide a letter indicating that they would haul the sludge generated from the wastewater treatment facility. Their letter was forwarded to PA DEP and a copy was provided to the township.
PA DEP contacted Zack regarding a letter they received from a local citizen, Mr. George Queen, in which he expressed concerns over the proposed location of the wastewater treatment facility. Queen recommended that the strictest permit limits be applied to the outflows. He also expressed concerns over noise, odor and lighting from the plant. As a result of this letter, PA DEP was in the process of performing a “Point of First Use” study to document the receiving streams capability of receiving this flow. The results of this study could indicate that stricter effluent limits be applied to the wastewater treatment facility which may increase the overall short term and long term costs associated with the wastewater treatment facility. Supervisor Spence asked how long the study could take. Zack responded the study may take a couple weeks. Solicitor Davis inquired how likely this would be to cause a change in the design of the system. Zack stated he felt confident this was a perennial stream since DEP had already issued a permit on it for the Franklin Township Elementary School. Supervisor Hartley suggested the township give the residents surrounding the treatment plant an opportunity to tour another treatment plant to see first hand how a treatment plant looks and operates.
Craig Zack added that a land development plan was prepared and submitted for the wastewater treatment plant. The E & S plan was approved on February 15, 2007. The Joint Permit for impacts on wetlands was submitted to PA DEP on February 22, 2007.
A meeting with PennDOT was scheduled for March 22, 2007. Supervisor Spence asked if someone from Terry Punt’s office would also attend the meeting. Zack said he would ask.
Finally, in regards to customer connections, based on a recent written request from Tom McGlaughlin for sewage capacity, Zack recommended the township consider having a policy on how the township wants to process reservations of capacity. KPI could put together a policy as part of an overall packet of information titled “Standard Construction Specifications” that would be used by developer’s proposing connection to the sewer system. Solicitor Davis stated the design of the system was based on existing properties that would hookup and until the system was running you wouldn’t know what additional capacity it had. Supervisor Hartley stated that the residents within the residential area who may develop should be given capacity rights first. Picarelli stated that people will pay money up front to reserve capacity for when the project was completed. This money could be used towards the project. This would dictate who was first in line for capacity rights. Supervisor Fetter asked to see a sample policy. Craig Zack stated he could show him some policies other townships had used.
OLD BUSINESS
None
NEW BUSINESS
Secretary Killinger stated the York Adams Tax Bureau gave the township four options to pay back the overpayment of earned income tax.
MOTION by Supervisor Spence, seconded by Supervisor Hartley, to choose
option 6 to have the overpayment resolved in three equal payments to be
made at the May 2007 distribution, May 2008 distribution and the final
payment no later than December 1, 2009 to the York Adams Tax Bureau.
Motion carried, 3-0.
Gil Picarelli, KPI Technology, had asked for the Subdivision and Land Development Ordinance (SALDO) amendments to be on the agenda for discussion. Picarelli stated the Planning Commission had worked on these amendments for about a year. He would like to discuss the changes with the Supervisors. He gave each Supervisor a copy of the revisions to review and suggested they meet in a couple weeks to discuss and answer any questions. James Temchack, Zoning/Code Enforcement Officer, asked if changes were also going to be made to the zoning ordinance to coincide with the SALDO. Supervisor Fetter asked Temchack to make a list of his concerns so the Supervisors could address those at the same time.
GUESTS
Kim Petrono and Bob Sharrah were present to discuss the Petrono family’s plans to turn their farm into a winery and to ask for an amendment to the zoning ordinance which would allow for a winery to be present on a property without a residence, as it was currently required in the zoning ordinance.
Petrono stated the concept in the Limited Wineries Act, a subsection of the Pennsylvania Liquor Code, was to support, maintain and preserve more agricultural land by the wine that was produced. The model was that the family produces the grapes, produces the wine and sells it at a tasting facility at the farm. This would blend agri-tourism and the production together to support the family farm.
Petrono stated he discovered an exclusion in the zoning ordinance section 175-48. No one lived on this farm and the production facility was not there now. Petrono asked for a clause to be added which would allow for the winery to be present without a residence and without the current existence of the production facility.
Bob Sharrah showed the preliminary project plans to the Supervisors.
Solicitor Davis stated the concern was that when the agriculture district was set up, the Supervisors at that time allowed processing only to be an accessory use because whoever did the processing had to live there and had to do the processing in the existing building(s). Solicitor Davis pointed out that the Supervisors were being asked to make changes because of the way agriculture was going. In summary, Petrono was stating growing apples was not a substantial business for their family anymore and they would like to expand to grow grapes and produce wine but process it in the agriculture district. Solicitor Davis stated the Supervisors had to decide what new uses they would permit to save the agriculture district.
Supervisor Hartley stated Franklin Township has always tried to preserve its rural agricultural areas and he was in favor of the ordinance amendment. Supervisor Spence stated she didn’t have any opposition to it. Supervisor Fetter stated his only concern was that this didn’t open up a can of worms for other requests. Solicitor Davis stated the Supervisors needed to decide what carried out the intent of the agriculture district.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to
tentatively adopt Ordinance 2007-02, the Winery Amendment to the Zoning
Ordinance, authorize the ordinance to be sent for review to the Adams
County Office of Planning & Development and to the Planning Commission,
set a public hearing for May 3, 2007 at 9:30 a.m. and authorize its
advertising. Motion carried, 3-0.
Solicitor Davis suggested, with respect to Thomas McGlaughlin’s request for sewage capacity, a letter be sent to him stating that the township will notify him once a policy for sewage capacity had been established. Craig Zack stated he would work with Secretary Killinger on the letter.
Scott Devlin with Strategic Communications Services presented the Supervisors with a plan to place antennas on an existing tower and to build a shelter within the lease area. His question was whether a land development was required. Solicitor Davis stated a land development plan would be required and stormwater management would also need to be addressed. Gil Picarelli agreed.
There being no further business to conduct meeting adjourned at 11:25 a.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Public Hearing – April 5, 2007
SUPERVISORS PRESENT: Daniel Fetter, Sandra Spence and Craig Hartley
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer.
The purpose of the hearing was to receive comments from the public regarding proposed Ordinance 2007-01, an ordinance amending Section 175-6 (Definitions) of Article II (Definitions and Word Use) to add a new definition for “Agricultural Worker Family Housing”, amending Section 175-9.C. of Article III (Zone Regulations) to add a new subsection (15) allowing agricultural worker family housing as a special exception use in the agricultural zone, and adding a new section 175-37.1 to Article VI (Standards for Uses) to provide the requisites for agricultural worker family housing, all of the above amending Chapter 175 (Zoning) of the Franklin Township Code of Ordinances.
The hearing for the proposed Ordinance was advertised in the Gettysburg Times according to public notice with a notice of intent to adopt the Ordinance at the following monthly Board of Supervisors meeting.
The public hearing, held at the Franklin Township Municipal Building, was called to order at 7:00 p.m. by the Chairman, Daniel Fetter.
Joel Riddlemoser was the only member of the audience with comments. Mr. Riddlemoser submitted comments on the proposed ordinance a week prior. Solicitor Davis and Dominic Picarelli, KPI Technology, answered the comments in written form prior to the public hearing. All written comments received prior to the public hearing were retained in the “Ordinance 2007-01 Ag Worker Housing Zoning Ordinance Amendment” file.
Mr. Riddlemoser asked if a person could put a mobile home anyplace on their property as long as there was room for the septic system. Solicitor Davis responded that a single mobile home, once permanently placed on the ground, was no different than a stick-built house. When discussing mobile home parks the definition was two or more mobile homes. Riddlemoser stated that according to the current ordinances a farmer could have one mobile home. After the amendment was adopted he would be permitted to have more. Solicitor Davis agreed. Davis stated that the Board was approached by at least one fruit farmer, who indicated at a workshop, that in today’s economy they had to provide housing for key personnel or they could not economically run their fruit farms. Supervisor Spence added that the farmers were required to have one house per family.
Mr. Riddlemoser asked when was a mobile home not considered a mobile home. If it was jacked up, put on a foundation and the wheels taken off was it still a mobile home? Solicitor Davis responded that under the Township’s ordinances, if it could be moved it remained a mobile home.
Mr. Riddlemoser asked if the Township specified that the mobile home had to be anchored a certain way. Zoning/Code Enforcement Officer, Jim Temchack, stated that a building permit was required for a mobile home as well as an inspection of tie downs and the foundation by a Building Code inspector.
Mr. Riddlemoser asked about the justification as stated in the proposed ordinance that “this housing type is preferred by stated and federal governmental agencies for providing housing for agricultural workers and their families”. Riddlemoser wanted to know if this was a fact. Solicitor Davis responded that at the workshop he was told by someone in the business that the federal government was pushing towards having mobile homes because when they were built they underwent certification procedures. Solicitor Davis stated he took the information as trustworthy and did not see a need to spend the taxpayer’s money to verify it with any authority.
Mr. Riddlemoser asked if it was the intent of the Supervisors to allow these mobile homes to be placed at any location on the farmers’ property or leased property. Solicitor Davis stated that the way it was written the mobile home had to be located on land that was owned by the person in the agricultural business, not on leased land.
Mr. Riddlemoser asked if every mobile home was required to have its own water source and septic tank. The response was in the comments written by Dominic Picarelli, KPI Technology. “Water and septic is needed for each home; if the farmer chooses, they can have shared wells and septic systems.” Gil Picarelli, KPI Technology, stated the farmer would have to meet all DEP and onsite sewage regulations.
Mr. Riddlemoser asked whose duty it was to enforce this ordinance. It would be the duty of the Zoning Officer. Solicitor Davis and Supervisor Spence stated they didn’t think there would be a lot of mobile homes put in as a result of the adoption of this ordinance. A farmer would first need to get a special exception through the Zoning Hearing Board and then file a land development plan.
Mr. Riddlemoser asked if a mobile home was required to be removed by this ordinance, was it true that the water system and septic system could remain in place and if so, would the septic system no longer be subject to the township septic tank pumping requirements. Picarelli stated yes, if they were not using it. Riddlemoser asked if the owner would still need to file the paperwork every three years stating the tank was not in service and Picarelli responded, yes.
Supervisor Spence stated the Adams County Office of Planning and Development comments were very positive.
The public hearing was adjourned at 7:18 p.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Regular Meeting
SUPERVISORS PRESENT: Daniel Fetter, Sandra Spence and Craig Hartley
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/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, Daniel Fetter.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
MOTION by Supervisor Spence, seconded by Supervisor Hartley, to approve the March 1, 2007 special meeting minutes and March regular meeting minutes as pre-read by the Supervisors. Motion carried, 3-0.
Solicitor Davis made an announcement regarding the rights of guests at public meetings. He stated everyone had a right under the Sunshine Act to speak on official action before it was taken. The heading “Guests” was moved to the end of the agenda but this did not take away anyone’s right to speak before official action was taken. Solicitor Davis told the audience to just raise their hand if they wanted to speak and they would be acknowledged.
Supervisor Fetter stated this change was recommended by him so that people who had called and asked to be on the agenda could speak first.
APPROVAL OF BILL LIST #4
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to approve Bill List #4, General Fund checks 26008-26099 totaling $57,499.50, Sewer Fund checks 1121-1124 totaling $2,528.12 and 2006 Project Account checks 1022-1023 totaling $24,045.51. Motion carried, 3-0.
PRELIMINARY/FINAL PLANS
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to approve
the preliminary/final subdivision plan for John Unger of Gun Club Road.
Motion carried, 3-0.
Secretary Killinger stated she put the next two plans on the agenda, even though she had not received any revised plans, because they were both close to the action deadline of May 3.
Gil Picarelli, KPI Technology, stated an issue came up with the Tarbet sewage module. DEP sent the module back asking for a hydro study on that property. Picarelli stated it would take them a couple months to get the study done and may result in larger lots. Picarelli recommended they submit a letter requesting an extension.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to table
the preliminary/final subdivision plan for John and Laura Tarbet of Poplar
Springs Road. Motion carried, 3-0.
A representative for Regina Orndorff was present with copies of the revised subdivision plan.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to approve
the preliminary/final subdivision plan and planning waiver for Regina
Orndorff of Chambersburg Road pending (1)financial security is approved
and posted for the screening with plants, (2)details are shown on a revised
plan indicating the types of shrubs being planted and (3)the plan is notarized.
Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to approve
the preliminary/final land development plan for Franklin Township’s wastewater
treatment plant. Motion carried, 3-0.
REPORTS
Merry Bush, Planning Commission Chairperson, reported that the Planning Commission recommended approval of the proposed Winery Ordinance.
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of March he issued 7 UCnC building permits and 4 land use permits with a total construction value of $499,500.00. He issued 6 use and occupancy certificates, 1 flea market and yard sale permit, 1 sign permit and 1 demolition permit. Additionally, he issued 2 verbal warnings, 2 written warnings, 5 written warnings concerning U&O Certificates and 5 building/land use permit expiration warnings. Temchack addressed complaints and concerns from residents required to have their sewage systems pumped and inspected and a complaint regarding the location of a neighbor’s sandmound.
Supervisor Craig Hartley gave the Assistant Roadmaster’s report for March. The road crew opened side ditches and drain tiles to prepare for a large amount of rainfall. The road crew was called in to put barricades up in flooded areas. The road crew fixed washed out areas at tiles due to flooding; replaced stop signs at Bingaman Road; cut brush in Cumberland Township with the Tiger mower; hauled anti-skid; and fixed potholes. The road crew was called in several times to plow and anti-skid roads during snow storms.
Supervisor Fetter mentioned two sections of road that needed work and Supervisor Hartley agreed.
Gil Picarelli, KPI Technology, updated the Board on the status of the Cashtown/McKnightstown sewer project. PA DEP informed KPI that a “Point of First Use” study was done in response to a complaint letter. The study documented the receiving streams capacity to receive effluent flow from the wastewater treatment facility and PA DEP stated that no revisions to the effluent criteria were necessary. PA DEP stated that the Part II permit would be issued in a couple weeks.
A meeting was held with PennDOT on March 22, 2007 in Harrisburg to discuss the upcoming sanitary sewer system and paving project in the vicinity of Orrtanna Road. The objective of the meeting was to discuss the details of each project and to determine an ultimate resolution to specific issues to allow both projects to proceed smoothly. During the meeting it was determined that the best option would involve PennDOT stopping their paving project just short of the area where the sewer line work was to begin and further, would not pave the area between Old Route 30 and where the sewer line work terminates on Orrtanna Road. PennDOT agreed to look at two options: (1) coming back and finishing the overlay if future projects were scheduled for High Street or (2) provide the Township with a credit for the money that PennDOT will not spend as a result of the sewer line activities. Since the meeting took place, PennDOT informed KPI that both options were not possible because there were no future projects involving High Street and that no monetary credit would be issued. Due to the actions of PennDOT, the Township would be responsible for the overlay not only in the area of the sewer line work but also up to Old Route 30. Picarelli recommended a letter be written to PennDot advising them to proceed with their construction plans on Orrtanna Road as originally intended.
Picarelli stated the next step in the project was to start applying for funding then to assemble bid packages.
Supervisor Hartley suggested Secretary Killinger draft a letter to the future sewer customers informing them of the status of the project.
OLD BUSINESS
A resident asked for a summary of proposed ordinance 2007-01. Solicitor Davis stated the ordinance allowed for an agricultural employer who farmed a minimum of 10 acres to place on his land a housing unit for an agricultural worker and his family. He could have one such house for every 10 acres that he actively devoted to agriculture. The reason for this ordinance was to give the agriculture in Franklin Township a little bit of an advantage because, we were told by the people who had requested the Supervisors consider this, without such housing the agricultural employers were at a competitive disadvantage and could not economically run their operations. Considering the fact that the agricultural district was meant to preserve agriculture and considering the fact that we had people who had land in that agricultural district saying this was something that would be beneficial to them and to the continuation of their agricultural operations, this Board had decided to consider it and at 7:00 p.m. this evening the Board held a public hearing on this proposed ordinance. Davis noted that once the housing unit was no longer occupied by someone who was involved as an agricultural worker for the land it was required to be removed. It could not be converted into housing for other purposes. The agricultural employer would be required to go through a process to get permission for this type of housing. They must first go before the zoning hearing board to get a special exception then they would have to file a land development plan with the township as well as get the required sewage permits.
A resident expressed concerns about farmers who may take advantage of the ordinance and rent the housing to people who were not employed by the farmer. Solicitor Davis stated in that case the township’s Zoning Officer would take action.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to adopt
Ordinance 2007-01, the Ag Worker Housing Zoning Ordinance Amendment.
Motion carried, 3-0.
NEW BUSINESS
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to
authorize the bidding of 2007 road materials and authorize its advertising.
Motion carried, 3-0.
John Kramb emailed his resignation from the Planning Commission to the Township. Secretary Killinger read Mr. Kramb’s resignation.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to accept John Kramb’s resignation from the Planning Commission. Motion carried, 3-0.
MOTION by Supervisor Spence, seconded by Supervisor Hartley, to appoint JR Crushong to the Planning Commission to fulfill John Kramb’s term which ends December 2007. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to adopt Resolution 2007-05, the Emergency Management Plan Update. Motion carried, 3-0.
Supervisor Hartley explained that, in preparation for the widening of Orchard Road, two buildings, a small barn and garage, needed to be removed. The buildings were owned by the Kuhns and they would like to be compensated in the amount of $4,500 for the removal of buildings. Supervisor Hartley asked Solicitor Davis to write an agreement between the Township and Kuhns to take down the buildings. Solicitor Davis asked Supervisor Hartley to provide him with more details about the buildings.
Secretary Killinger stated she received a list from Dominic Picarelli, KPI Technology, of property owners in Sewage Management District 1 who had not complied with the Sewage Management Ordinance. Solicitor Davis stated this was a violation of the Township’s ordinances and it was something that may be taken before the Magisterial District Judge. Davis suggested the Board consider having him send a letter to the property owners giving them a final warning to get their tanks pumped.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to authorize
Solicitor Davis to send a letter to all property owners in District 1 who have not
complied with the Sewage Management Ordinance. Motion carried, 3-0.
Secretary Killinger stated Dominic Picarelli, KPI Technology, suggested a walk-through of the Irvin leases be scheduled. He had spoke with Harry Irvin who stated there were some discrepancies with the maps of the lease properties.
Gil Picarelli, KPI Technology, stated he stopped by the Poplar Springs community sandmound and noticed people were parking back there. He said it was apparent that someone had been driving between the control panel and over the tanks. Picarelli said the Township may want to put up signs in that area.
Sandra Spence read the letter from the Arendtsville Community Volunteer Fire Co., Inc. A copy of the letter is on the following page.
GUESTS
Merry Bush, Northwest Comp Plan Steering Committee member, reported that the NW Comp Plan was proceeding along. She stated she was the only steering committee member who attended that last meeting.
A resident of Railroad Lane asked what could be done to fix the road and also, who was responsible for the railroad crossing. Supervisor Hartley stated CSX was responsible for the railroad and the resident would need to contact them. The resident stated the road was falling apart from all of the trucks that travel that road. Supervisor Hartley stated the plan was to replace some drain tiles and do some blacktop patching this year on that road.
A resident asked if a speed trap could be set up in the area of the McKnightstown Post Office. Supervisor Hartley recommended he speak with Sergeant Gilland at the Gettysburg State Police barracks.
There being no further business to conduct meeting adjourned at 8:34 p.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Regular Meeting
SUPERVISORS PRESENT: Daniel Fetter, Sandra Spence and Craig Hartley
OTHERS PRESENT: Craig Zack, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer.
The meeting, held at the Franklin Township Municipal Building, was called to order at 10:00 a.m. by the Chairman, Daniel Fetter.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to approve the April 5, 2007 public hearing minutes and April regular meeting minutes as pre-read by the Supervisors. Motion carried, 3-0.
APPROVAL OF BILL LIST #5
MOTION by Supervisor Spence, seconded by Supervisor Hartley, to approve Bill List #5, General Fund checks 26100-26169 totaling $103,792.07, State Fund checks 6301-6308 totaling $82,861.13, Sewer Fund check 1125 totaling $15.18 and 2006 Project Account check 1024 totaling $13610.05. Motion carried, 3-0.
REQUEST FOR TIME EXTENSION
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to approve an extension for
John & Laura Tarbet’s subdivision plan until August 10, 2007. Motion carried, 3-0.
PRELIMINARY/FINAL PLANS
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to approve
the land development plan and stormwater management report for Strategic
Communication Services of Chambersburg Road. Motion carried, 3-0.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of April he issued 8 UCnC building permits, 3 land use permits and 2 old style building permit renewals with a total construction value of $212,800.00. He issued 10 use and occupancy certificates, 2 temporary occupancy certificates, 4 flea market and yard sale permits, 3 driveway permits, 1 sign permit, 1 demolition permit, 1 zoning hearing board application and 1 home occupation permit. Additionally, he issued 2 verbal warnings, 1 written warning, 10 written warnings concerning U&O Certificates and 10 building/land use permit expiration warnings. Temchack addressed complaints and concerns about trash and the driveway entrance on Mountain Road. Temchack added that a zoning hearing will be held on May 16, 2007 at 7:00 p.m. for a special exception to build a mini-storage building at 3430 Chambersburg Road.
Secretary Killinger reported that the 2005 and 2006 Liquid Fuels Audit was done the week prior.
Killinger stated that PEMA sent the reimbursement for the June 2006 flood. The amount of the reimbursement was $77,912.83. Killinger transferred the money into the PLGIT account. The PLGIT balance following the transfer was $427,450.16.
Killinger scheduled a meeting with Representative Moul for May 29 at 9:30 a.m. to discuss the Cashtown/McKnightstown sewer project.
The final notices for those in Sewage Management District 1 were mailed on May 1, 2007. Solicitor Davis stated he got a call from someone who received a notice. She said she lived in a trailer park owned by SPECO and there was a community sewage system there. Davis stated this may require the SEO to do some investigating.
Supervisor Craig Hartley gave the Assistant Roadmaster’s report for April. The road crew assisted Butler and Tyrone Townships with brushcutting. The plows and spreaders were taken off the trucks and cleaned. The road crew had been fixing shoulders and replacing drain tiles on Bottom Road. Hartley stated he received a complaint about some issues on Mountain Road that he needed to address.
Hartley gave an update on the Irvin lease walkthrough with Dominic Picarelli, SEO, and Harry Irvin and Betty Irvin. They identified sites with water to the house.
Paul and Teresa Irvin are still in Florida. When they return, a walkthrough of their leases along Route 233 and the 5 leases on Mountain Road will be done.
Hartley suggested the Irvin’s send out individual letters to the lessees asking if they had septic tanks. A separate letter would be sent to those who were identified as having water, stating they need to contact KPI and have their septic tanks pumped. Harry Irvin suggested that he would include in his letters “Failure to respond or comply with this may result in the termination of your lease”.
Hartley also said the Township would send letters to those who were identified as having water. He stated 60 to 70 of the 200 lease properties had water.
Temchack stated Harry Irvin was going to try to get addresses for each of the lease properties.
Temchack added that he and Dominic Picarelli, SEO, also did a walkthrough of the Gettysburg Mountain Campsites.
Hartley added that there were some properties leased by the State Forestry that also need to comply with the sewage management ordinance. Solicitor Davis stated we should get all of those addresses.
Craig Zack, KPI Technology, stated the SALDO amendments were updated following Wally’s written comments. Jim Temchack, Zoning/Code Enforcement Officer, stated that the project was on hold because of changes that needed to be made to definitions and to the zoning ordinance to coincide with the SALDO.
Solicitor Davis stated the Franklin Township Planning Commission would need to hold a public meeting to receive comment on the changes. Whenever the Board of Supervisors was happy with the changes, the changes would go to the Adams County Office of Planning and Development for their review. Following their review, the Board of Supervisors would need to hold a public hearing. Davis stated if amendments were made to the SALDO or zoning ordinance following the public hearing, the same process would need to be repeated. Davis stated that the hearings for the SALDO and zoning ordinance could be held at the same time.
Supervisor Fetter instructed Temchack to meet with KPI and discuss the changes.
Craig Zack, KPI Technology, updated the Board on the status of the Cashtown/McKnightstown sewer project. Zack stated the Township received their permit to construct the sewer system and their permit to discharge.
The Joint Permit Application for the wetland and stream crossing work had been returned with a letter requesting some revisions. The application will be ready to resubmit at the end of the month.
The Army Corp of Engineers confirmed the wetlands delineated by KPI.
The right of way and temporary easement agreements and exhibits had been prepared. As discussed earlier, Zack stated the Supervisors may want to go door to door with the agreements.
Zack stated he wished to start the Pennvest application this month.
Craig Zack briefly discussed the concerns presented in the telephone conversation with Thomas Norman regarding the access drive to the wastewater treatment plant. Norman suggested relocating some wetlands so the access drive could be relocated. Zack stated he did not think DEP would consider that option. Supervisor Spence mentioned that Norman’s concerns were voiced after the land agreement, subdivision plan and land development plans had already been approved and signed.
OLD BUSINESS
Opening of the 2007 Road Materials Bids
STONE:
Valley Quarries, Inc. was the only bidder for stone. They bid the following:
FOB
#67 $7.70 ton
#8 $8.95 “
#2-A $5.95 “
#57 $7.70 “
#3 $7.60 “
#3-A $6.15 “
#10 $7.70 “
Rip rap $9.90 “
Anti-skid $7.75 “
Cold patch $65.00 “
MOTION by Supervisor Hartley, seconded by Supervisor Fetter, to award Valley Quarries, Inc. the 2007 aggregate bid. Motion carried, 3-0.
ROAD OILS:
Hammaker East Ltd. was the only bidder for road oils. They bid the following:
E-3 $1.72 gal. delivered
E-3M $1.89 “ ”
LBM Emulsion $1.745 “ ”
Pug Mill w/ operator $95.00/hr
Paver w/ operator $175.00/hr
Roller w/ operator $70.00/hr
Triaxle w/ operator $65.00/hr
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to award Hammaker East Ltd. the 2007 emulsion bid. Motion carried, 3-0.
There were no bids for 2007 fuel.
MOTION by Supervisor Hartley, seconded by Supervisor Fetter, to
authorize the rebidding of 2007 fuel and authorize its advertising. Motion carried, 3-0.
NEW BUSINESS
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to
appoint Tina Williams as part-time assistant Secretary. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to adopt Resolution 2007-06
– Disposition of public records from 1987 to 1991. Motion carried, 3-0.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to authorize opening a
Mercantile Brokerage Service Account for depositing pension plan funds. Motion carried, 3-0.
GUESTS
Joel Riddlemoser, resident, thanked the Supervisors for erecting a Flohrs Church Road sign at the intersection of Flohrs Church and Sunset roads.
Bob Sharrah, surveyor, updated the Supervisors on the winery project. They had been working with the Pennsylvania Fish and Boat Commission and U.S. Fish and Wildlife Service to clear potential conflicts with species of special concern to them. They were also working with the Pennsylvania Historical Museum Commission which had asked for some additional details. Soil testing and perc tests were done. A well was drilled behind the packing house. The well will be used for both irrigation and for service to the winery. They will be applying for a minimum use driveway which they were proposing to be 16 feet wide.
There being no further business to conduct meeting adjourned at 10:46 a.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
SUPERVISORS PRESENT: Daniel Fetter, Sandra Spence and Craig Hartley
OTHERS PRESENT: Lori Killinger, Office Manager/Secretary/Treasurer
The meeting, held at the Franklin Township Municipal Building, was called to order at 10:27 a.m. by the Chairman, Daniel Fetter.
The special meeting was held immediately following a public hearing on proposed Ordinance 2007-02 with the intent to adopt said ordinance.
The special meeting was advertised in the Gettysburg Times. There were three guests in the audience who gave comment on the proposed ordinance at the public hearing.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to adopt Ordinance 2007-02,
the winery zoning ordinance amendment. Motion carried, 3-0.
Supervisor Fetter adjourned the special meeting at 10:28 a.m.
Respectfully submitted,
Lori J. Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
SUPERVISORS PRESENT: Daniel Fetter, Sandra Spence and Craig Hartley
OTHERS PRESENT: Lori Killinger, Office Manager/Secretary/Treasurer
The purpose of the hearing was to receive comments from the public regarding proposed Ordinance 2007-02, an ordinance amending the Franklin Township Code of Ordinances, Section 175-48 (Processing of farm products and warehousing, sale or service of equipment, feed or supplies in the Agricultural Zone) by adding a new subsection E. to allow the operation of limited wineries in the agricultural zone without complying with subsections A. and B.
The hearing for the proposed Ordinance was advertised in the Gettysburg Times according to public notice with a notice of intent to adopt the Ordinance at the following advertised special meeting.
The public hearing, held at the Franklin Township Municipal Building, was called to order at 9:30 a.m. by the Chairman, Daniel Fetter.
There were three members in the audience and each gave comment on the proposed ordinance.
Supervisor Hartley began the public hearing by reading aloud the proposed ordinance and the sections in the current zoning ordinance which would be amended.
John Kramb, Peach Tree Road resident, stated he was opposed to the ordinance for two reasons. He stated it was not necessary as the current ordinance was written adequately. He stated this would open the Township up to other agricultural processing plants which may or may not grow agricultural products in the county. For example, a cheese manufacturer could come in and ask for an ordinance change and say they were discriminated against because they were not a winery.
Katherine Bigler, Peach Tree Road resident, stated she was opposed as well for an additional reason beyond creating a special category for wineries, which was unnecessary. She stated that this proposed ordinance cited the Pennsylvania Limited Winery Act which referred to farm wineries. That act had been amended in recent years because of the shortage of the grapes from various farms. Currently, limited wineries were authorized to purchase grapes from up to 350 miles away from the actual location of the winery, which included out of state grapes. She stated that to add the section permitting the person owning or operating the winery not to have a tie to the land itself would allow someone to just come in, set up a building on ag land, purchase grapes from Maryland and Virginia and produce wine which had no agricultural connection to the land.
Kim Petrono, requester of the zoning amendment, stated the 350 mile rule assumed that you would produce a certain percentage of the product on your land. Kramb stated that was not true. The Limited Wineries Act called for production of 75% Pennsylvania fruit, not necessarily your own fruit. Kramb stated that you could have someone establish a winery and not have a single grape vine. Petrono argued that that was not true. He stated a person was required to produce a certain percentage of their own product. Supervisor Spence clarified that 75% of the grapes must be Pennsylvania grown and 25% can come from up to 350 miles away. Kramb agreed and added that they didn’t have to be grown at the site of the winery.
Kramb stated that Petrono’s family had a farm in Adams County adjacent to their property and that would be a legitimate reason to seek exception to the current ordinance. Petrono stated he couldn’t comply with a zoning variance request because of the hardship requirement. A special exception was not an option either in the zoning ordinance. This was why Petrono was requesting the zoning amendment.
Kramb recommended making a change to the zoning ordinance to allow wineries as a special exception. Petrono stated the ordinance change was proposed as it was according to Solicitor Davis’ recommendations. There were still building requirements and a land development plan that would require approval. He stated the Township still had control over what one could and could not do.
Kramb stated his concern was that this would be opening the door for other processors.
Petrono stated that the County was saying in their comments that there shouldn’t be any prohibition on any use of land that is agriculture because of the right to farm.
Supervisor Fetter asked for Kramb to repeat his concerns. Kramb stated anyone could come in to the agricultural zone, set up a retail shop, not grow a single grape, not even make wine and they could meet the standards of the Limited Winery Act. The proposed ordinance was too broad. He stated it should be required that a vineyard be on site to legitimatize it.
Supervisor Fetter asked for Bigler to repeat her concerns. Bigler stated that what the Supervisors would be doing was allowing anyone to come in and have a winery without having a connection to the land. She did not see a need to give special recognition to wineries.
Supervisor Hartley read aloud Solicitor Davis’ comments in response to the Adams County Office of Planning and Development’s comments. All written comments were retained in the “Ordinance 2007-02 Winery Amendment” file.
Petrono stated that all that was being eliminated was the requirement to live there and the requirement for it to be done with a pre-existing building. They still had to be a limited winery as opposed to a large winery and they still had to comply with Subsections C. and D. in the current ordinance.
Kramb stated there must be better wording for this.
Sandra Spence read an excerpt from the March 8, 2007 Board of Supervisors meeting minutes where Solicitor Davis explained the reasoning behind the ordinance change.
The public hearing was adjourned at 10:27 a.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Regular Meeting
SUPERVISORS PRESENT: Daniel Fetter, Sandra Spence and Craig Hartley
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer.
The meeting, held at the Franklin Township Municipal Building, was called to order at 10:00 a.m. by the Chairman, Daniel Fetter.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to approve the May regular meeting minutes and May 18, 2008 public hearing and special meeting minutes as pre-read by the Supervisors. Motion carried, 3-0.
APPROVAL OF BILL LIST #6
MOTION by Supervisor Spence, seconded by Supervisor Hartley, to approve Bill List #6, General Fund checks 26171-26247 totaling $36,499.01, State Fund checks 6309-6313 totaling $18,375.29, Sewer Fund checks 1126-1129 totaling $647.28 and 2006 Project Account check 1025 totaling $8,042.71. Motion carried, 3-0.
PRELIMINARY/FINAL PLANS
Kim Petrono, applicant, and Bob Sharrah, surveyor, presented the preliminary/final land development plan for the Hauser Estates Vineyard and Winery and discussed the changes they had made to the plan per KPI Technology’s comments and the zoning officer’s and planning commission’s comments.
Gil Picarelli, KPI Technology, stated the Planning Commission approved the plan as a preliminary and said they would like to review the plan again next month.
Picarelli stated Sharrah addressed most of the comments but there were still some comments outstanding from outside agencies in addition to a page and a half of comments pertaining to the stormwater management plan.
James Temchack, zoning/code enforcement officer, stated he did not have any further comments.
Picarelli stated his concerns, if the plan were to be approved as a final, were the Planning Commission’s wishes to review the plan again and the outstanding stormwater management comments.
Solicitor Davis stated the Planning Commission would like to see it again and even though the Board of Supervisors doesn’t have to listen to the Planning Commission they should be aware of the political fallout if they don’t.
Supervisor Hartley stated there were too many comments that still needed to be addressed and Supervisor Spence agreed.
Petrono stated the architectural plans were out to bid and they told the bidders that they wanted to be in production in Fall 2007. The bidders came back and gave the parameters for complying with that. He stated they were not trying to circumvent the process. He said he needed to be able to give their contractors assurances that the project would move forward and would not be stopped by anything. Petrono stated he would like final approval with the conditions being monitored by Gil and/or Jim and the final plan would be made available to the Planning Commission members to view. He stated they were just trying to move to the next step with their contractors.
Supervisor Spence asked how quickly the outstanding comments could be addressed.
Petrono stated that they would accept the condition that Gil would need to approve the final instead of having to wait one more month for the next meeting.
Supervisor Fetter suggested the plan get approved as a preliminary. Once the other comments were addressed, the Supervisors and Planning Commission could hold special meetings.
MOTION by Supervisor Fetter, seconded by Supervisor Spence to accept a modification to the
SALDO by not requiring contour lines be shown on the entire property for the Hauser Estates
Vineyard and Winery land development. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the preliminary
land development plan for the Hauser Estates Vineyard and Winery of Cashtown Road pending
KPI’s comments are addressed. Motion carried, 3-0.
MOTION by Supervisor Spence, seconded by Supervisor Hartley, to authorize the municipal
Secretary to sign the sewage planning exemption upon Gil Picarelli’s request. Motion carried,
3-0.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to authorize the municipal
Secretary, upon promise from the applicant to pay the cost, to advertise a special meeting for
the Planning Commission and the Board of Supervisors, if requested by the developer. Motion
carried, 3-0.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of May he issued 12 UCnC building permits, 9 land use permits and 1 renewal with a total construction value of $392,300.00. He issued 14 use and occupancy certificates, 2 flea market and yard sale permits, 2 driveway permits, 3 sign permits, 2 demolition permits, 1 zoning hearing board application and 1 home occupation permit. Additionally, he issued 2 verbal warnings and 2 written warnings. Temchack addressed complaints and concerns about the shooting of firearms, junk and high grass at a residence, Residential Zoning use concerning the allowance of horses, shared driveways not being used, property trash and junk, storage of old junk vehicles, outside spraying of paint, abandoned and parked vehicles along Misty Lane and a non-permitted driveway entrance. Temchack added that a zoning hearing was held on May 16, 2007 at 7:00 p.m. The applicants were granted a special exception and a variance to build a mini-storage building at 3430 Chambersburg Road.
Secretary Killinger reported that fifteen parcels remain on the Sewage Management District 1 list. Solicitor Davis stated that when the Supervisors were ready and sure that those left on the list did have septic systems, they could authorize him to prosecute. Supervisor Hartley stated he would drive around and check out the remaining properties to see if they had septic systems.
Supervisor Craig Hartley reported that he met with the PennDOT Municipal Services Representative regarding the Bottom Road project. The Representative stated that because of the new material being used, FB3 modified, Hartley needed to get an approved mix design from Hammaker’s as well as the Pug mill calibration certificate. Technically, the township could be denied the use of Liquid Fuels money if the township did not have those two items.
Hartley gave the Assistant Roadmaster’s report for May. The road crew cleaned and opened ditches on New, Church, Bottom and Mt. Carmel Roads. They marked tiles on New and Church Roads where the fire company was going to try to flush open the tiles. Drain tiles were installed on Bottom Road. Mowing along roads had started. Several roads with soft spots were repaired with hot mix.
Gil Picarelli, KPI Technology, updated the Board on the status of the Cashtown/McKnightstown sewer project. Picarelli stated Solicitor Davis and Craig Zack, KPI Technology, would be working on finalizing the right of way agreements.
The Pennvest application deadline is the end of August. Craig Zack sent a letter to Representative Moul requesting a letter of support to be included with the Pennvest application.
Picarelli stated they were close to finishing the changes to the SALDO. Dominic Picarelli, KPI Technology, and Jim Temchack met to discuss changes. Picarelli stated Solicitor Davis and Dominic Picarelli were going to meet to go over the definitions in the SALDO to make sure they coincided with the Zoning Ordinance. Temchack suggested making one chapter in the Code just for definitions. Solicitor Davis stated that would be a good idea, however, it would require him to review the entire Code.
OLD BUSINESS
MOTION by Supervisor Fetter, seconded by Supervisor Hartley, to authorize the purchase of
fuel at the best price, as the fuel bid was advertised twice and no bids were received. Motion
carried, 3-0.
NEW BUSINESS
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to adopt Resolution 2007-07,
Disposition of public records from 1992-2000. Motion carried, 3-0.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to approve two new private
driveway names of Evergreen Way and Plover Lane off of Old Route 30 and to order the
private driveway name signs and posts pending payment from the residents of those private
driveways. Motion carried, 3-0.
MOTION by Supervisor Hartley, seconded by Supervisor Spence, to reschedule the July
Planning Commission meeting for July 3, 2007 at 7:00p.m. and to authorize its advertising.
Motion carried, 3-0.
MOTION by Supervisor Hartley, seconded by Supervisor Fetter, to approve the Agreement
for Purchase and Removal of Buildings in Road Right of Way between Franklin Township and
David and Mary Kuhn. Motion carried, 3-0.
GUESTS
There were no comments from guests.
There being no further business to conduct meeting adjourned at 11:29 a.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Regular Meeting
SUPERVISORS PRESENT: Daniel Fetter and Sandra Spence
OTHERS PRESENT: Gil Picarelli, KPI Technology; Craig Zack, KPI Technology; Lori Killinger, Office Manager/Secretary/Treasurer.
The meeting, held at the Franklin Township Municipal Building, was called to order at 10:00 a.m. by the Chairman, Daniel Fetter.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve the June regular meeting minutes as pre-read by the Supervisors. Motion carried, 2-0.
APPROVAL OF BILL LIST #7
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve Bill List #7, General Fund checks 26248-26312 totaling $57,332.79, State Fund checks 6314-6317 totaling $12,286.61 and Sewer Fund checks 1130-1133 totaling $418.69. Motion carried, 2-0.
SEWAGE MODULES
Gil Picarelli, KPI Technology, stated that these two lots were subdivided awhile ago. They never did the sewage planning.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the sewage
modules for Edward Spence Jr. and Edward Spence Sr. both of Mt. Carmel Road. Motion
carried, 2-0.
David Hurlbert, representing the Willie Burcham subdivision plan, was present to request a waiver from the corner monument requirement due to the extra expense. Supervisor Fetter stated this had been previously discussed and determined that at least one monument was required between lots on subdivisions. Fetter asked Bob Sharrah, surveyor and guest, what the cost was for a monument. Sharrah approximated $30.00. Sharrah stated it takes time to dig the hole and set it. Mark Kuntz, surveyor and guest, asked what the purpose of the monument was versus a piece of rebar pounded in the ground. Picarelli stated those pins could be moved. Fetter stated that one monument per property was required.
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve the sewage
module for Willie Burcham of Church Road. Motion carried, 2-0.
PRELIMINARY/FINAL PLAN
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the
preliminary/final subdivision plan and planning waiver for Kerry Woerner of Mummasburg
Road pending KPI’s comments 2, 3 and 6 are addressed. Motion carried, 2-0.
FINAL PLAN
Picarelli stated Hauser Estates have met all requirements with the exception to submitting bonding.
Secretary Killinger stated that Jim Temchack, Zoning/Code Enforcement Officer, pointed out a typo within the plan on page 7. Sharrah asked Killinger to email him the typo and he would correct it.
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve the final land
development plan and stormwater management plan for Hauser Estates Vineyard & Winery of
Cashtown Road pending bonding and a PennDOT approved driveway permit. Motion carried,
2-0.
REPORTS
Secretary Killinger reported that she received a call from Senator Specter’s office informing the Township that the Senate passed an appropriations bill where they allotted $200,000 towards the Cashtown/McKnightstown sewer project. However, it had not been signed into law. It still needed to go through conference with the House before it was final.
Supervisor Spence gave the Assistant Roadmaster’s report for June. The road crew dug out soft spots in sections of Hilltown Road, Flohrs Church Road, Sunset Road, Poplar Springs Road and Railroad Lane. These areas were leveled with stone and paved over with black top. The road crew replaced drain tile on Railroad Lane, the dirt part of Flohrs Church Road and B/F Road; fixed pot holes with coldpatch on hard roads; opened several tile inlets/outlets; used a drill and rock splitter to break rock on Bottom Road; and worked on Bottom Road to widen and clean ditches in preparation for paving.
Craig Zack, KPI Technology, updated the Board on the status of the Cashtown/McKnightstown sewer project. The highway occupancy permit was being internally reviewed and was expected to be submitted to PennDOT within two weeks. Secretary Killinger picked up the right of way and temporary easement agreements from the KPI office and they were ready for distribution.
Zack asked if the township had received a proposal from Joe Pierce, bond counsel. Secretary Killinger stated she may have but was having trouble with her email.
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve Joe Pierce as
bond counsel for the Pennvest application pending receipt of his proposal. Motion carried, 2-0.
Zack stated the Pennvest representative would like to know if the township desired another meeting to discuss any questions. It was decided that Zack would request another meeting with Pennvest and an invitation would be sent to all elected officials welcoming them to also attend.
Zack stated he had sent letters to the Adams County Office of Planning and Development, the Adams County Agricultural Land Preservation Board and the Franklin Township Planning Commission requesting their concurrence with the sewer project. These letters will be included with the Pennvest application.
Zack stated he received an invitation to the Gorman-Rupp seminar in Ohio and inquired if any Supervisors were interested in attending.
Supervisor Fetter asked if the project was still on schedule. Zack stated yes, the cut off date for the Pennvest application is August. Pennvest awards in October. If the township is awarded in October, the project could be bid before the end of the year. The right of way agreements have to be in place by October before Pennvest will award any money.
OLD BUSINESS
None
NEW BUSINESS
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint James Deckert as
part-time road crew employee at $13.00 per hour. Motion carried, 2-0.
GUESTS
Mark Kuntz, surveyor representing Mary Ann Clapsaddle with a subdivision sketch on Poplar Springs Road, inquired about the speed limit in this area as it was not posted. On a previous subdivision plan on Poplar Springs Road, Kuntz stated Supervisor Hartley said the speed limit was 35 miles per hour. Secretary Killinger thought that Hartley had told Temchack that the safe driving speed was 35 miles per hour. She stated she could verify that with Temchack. Kuntz asked if it was confirmed that the speed limit was 35 miles per hour, would the township post signs. The Supervisors stated they had no problem with that.
Kuntz asked if he was required to do a stormwater management plan for this subdivision. Picarelli stated he would have to do one if the stormwater management ordinance required it.
Darrin Flake, with DF Property Management, inquired when property owners will see the specifications to be followed when hooking up to the sewer. Craig Zack stated the homeowners will be given the specifications. Flake inquired whether he could bring someone in to dig his trenches or does he need to use whoever the township says to use. Supervisor Fetter stated that may be a possibility as long as it would pass inspection. Fetter stated the township and engineers were still working on this. Zack stated it would probably be included in the hook up ordinance. Flake stated he was just trying to get some cost estimates worked out. Fetter stated this would all be worked out by the time the project goes out to bid. Fetter recommended Flake attend the next few meetings to see if anything had been written up yet. Zack stated we had to have some kind of reassurance that the person putting it in has a reasonable knowledge of a project like this. If it would leak it would affect everyone else on the line.
There being no further business to conduct meeting adjourned at 10:45 a.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Regular Meeting
SUPERVISORS PRESENT: Daniel Fetter and Sandra Spence
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Tina Williams, Assistant Secretary; 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, Daniel Fetter.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve the July regular meeting minutes as pre-read by the Supervisors. Motion carried, 2-0.
APPROVAL OF BILL LIST #8
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve Bill List #8, General Fund checks 26313-26387 totaling $42,268.83, State Fund checks 6318-6320, 6324 totaling $14,009.52, Sewer Fund checks 1134-1136 totaling $205.41 and 2006 Project Account checks 1026-1027 totaling $24,789.16. Motion carried, 2-0.
REQUEST FOR TIME EXTENSION
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve an extension
for John & Laura Tarbet’s subdivision plan until October 8, 2007. Motion carried, 2-0.
PRELIMINARY/FINAL PLAN
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve the
preliminary/final subdivision plan for Willie Burcham of Church Road pending DEP approval of
the sewage module. Motion carried, 2-0.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported that for the month of July he issued 5 UCnC building permits and 2 land use permits with a total construction value of $254,100.00. He issued 8 use and occupancy certificates, 1 temporary occupancy certificate and 1 driveway permit. Additionally, he issued 2 verbal warnings,1 written warning, 1 stop work order and 3 dangerous structure orders. Temchack addressed complaints and concerns about the sewer easements and junk and old vehicles. Temchack added that he was working with the inspection company to close out completed building permits and building permits about to expire.
Supervisor Spence gave the Assistant Roadmaster’s report for July. The road crew dug out soft spots and leveled with stone on Bottom Road; finished widening, leveling and digging ditches on Bottom Road; hauled millings to Bottom Road; assisted Menallen Township with putting berm on Big Hill Road; opened side ditch on New Road; cut brush; cold patched; checked Orchard Road for amount of tile needed for road project; and assisted Butler Township with installing drain tile on Guernsey Road.
Spence asked Secretary Killinger about the Adopt-A-Road process. Killinger explained that an application needed to be completed and brought to a meeting for Supervisors’ approval. Upon approval the Township would erect an Adopt-A-Road sign and provide safety vests, garbage bags and signs every time litter was to be picked up along the road.
Supervisor Spence reported that on July 19th the Northwest Comprehensive Plan steering committee met at the Township building. Spence reported that Bill Hewitt, steering committee member, felt better about the project after this meeting. The open space zone was corrected on the maps. Work was beginning on the draft of the narrative. Spence commended the steering committee members who attended those meetings. Spence stated that the project was still in the preliminary planning stages and it was her opinion that the township should remain part of it.
Spence stated that on July 23rd a Green Space Preservation presentation was given at the Township building. Grant funding would be available for ag preservation, open space, park land/recreation preservation, historical/cultural preservation. A grant preparation workshop was scheduled for August 15th and Spence stated that she planned on attending. The Green Space Preservation program worked on a match basis. The municipality would match whatever money was granted to the project through the program.
Spence attended the July 30th York Adams Tax Bureau meeting. The main topic of discussion was the new building project.
Gil Picarelli, KPI Technology, reported that Modjeski and Masters, an engineering firm, was hired by the state to work on the replacement of the Crooked Creek Road Bridge. Picarelli presented the Supervisors with forms to sign stating that they agree with the increase in the 100 year flood plain by .66 feet as recommended by Modjeski and Masters. No one in the area would be affected.
Picarelli presented the proposed updated Subdivision and Land Development Ordinance (SALDO).
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to tentatively adopt the
revised SALDO, to authorize the ordinance to be sent for review to the Adams County Office of
Planning and Development and to the Planning Commission, to set the public hearing for
October 4, 2007 at 7:00p.m. and to authorize its advertising. Motion carried, 2-0.
Gil Picarelli updated the Board on the status of the Cashtown/McKnightstown sewer project. The Pennvest meeting was scheduled for August 10, 2007. The right of way meetings were scheduled for August 23, 2007 and August 24, 2007. Numerous phone calls had been received from citizens asking if the sewer line could be relocated. Picarelli asked the Supervisors if they wanted KPI to entertain these phone calls. The Supervisors stated yes, if they had a valid point. Otherwise, they could call the Supervisors with their complaints.
OLD BUSINESS
None
NEW BUSINESS
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to adopt Resolution 2007-08,
the Pennvest Resolution. Motion carried, 2-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the PennDOT
highway closure application for the Cashtown Community Fire Department Parade scheduled
for August 31, 2007. Motion carried, 2-0.
The property maintenance ordinance applied to the accumulation of garbage on properties. Supervisor Spence read aloud the ordinance summary.
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to tentatively adopt the
Property Maintenance Ordinance for September 6, 2007 and to authorize its advertising.
Motion carried, 2-0.
Secretary Killinger stated that Bob Cullison, EMA director, asked for approval of this NIMS Resolution and NIMS plan as required by FEMA.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to adopt Resolution 2007-09,
the Homeland Security NIMS Resolution, and to approve the NIMS plan.
Motion carried, 2-0.
GUESTS
Roy Plank presented a proposal for a 220-site campground on 214 acres along Poplar Springs Road. The evening prior, Plank stated the Planning Commission expressed concern over the condition of the road and the ability for RV’s to get to the campground. Plank stated his goal was to get seasonal campers in who would leave their camper there. Supervisor Fetter expressed concern over sewage. Plank stated that he could monitor hours that campers spent there as other campgrounds do.
Mr. Queen, property owner near the future site of the Cashtown/McKnightstown wastewater treatment plant, asked if timed lights or motion lights would be used on the treatment plant. Gil Picarelli stated the lighting would consist of timed lights and a light over the door.
There being no further business to conduct meeting adjourned at 8:16 p.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Regular Meeting
SUPERVISORS PRESENT: Daniel Fetter and Sandra Spence
OTHERS PRESENT: Craig Zack, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer.
The meeting, held at the Franklin Township Municipal Building, was called to order at 10:00 a.m. by the Chairman, Daniel Fetter.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve the August regular meeting minutes as pre-read by the Supervisors. Motion carried, 2-0.
APPROVAL OF BILL LIST #9
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve Bill List #9, General Fund checks 26388-26461 totaling $54,588.13, State Fund checks 6325-6329 totaling $26,286.86, Sewer Fund checks 1137-1140 totaling $446.91 and 2006 Project Account check 1028 totaling $16,010.50. Motion carried, 2-0.
PRELIMINARY/FINAL PLAN
Martin Jolin of William F. Hill and Associates was present on behalf of Thomas and Patricia Cashour. KPI Technology’s remaining comments were discussed. A draft of a Maintenance and Monitoring Agreement was discussed, as well, and Solicitor Davis suggested a change to paragraph 5 by adding that the Township has the right to place a municipal lien.
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve the
preliminary/final subdivision plan for Thomas and Patricia Cashour of
Chambersburg Road pending KPI’s comments are addressed. Motion carried, 2-0.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported for the month of August he issued 7 UCnC building permits and 2 land use permits with a total construction value of $312,700.00. He issued 16 use and occupancy certificates, 3 flea market/yard sale permits and 1 driveway permit. He received 1 zoning hearing board application. Additionally, he issued 2 verbal warnings, 1 stop work order and 3 dangerous structure orders. Temchack addressed complaints and concerns about the sewer easements, dogs and trash. Temchack added that he was working as a notary to help complete sewer easement agreements. He was also working with both Land and Sea Services and MDIA on lateral sewer line requirements and inspection fees in addition to working with the inspection companies to close out completed building permits.
Supervisor Spence asked who submitted the zoning hearing application. Temchack stated the application was submitted by Roy Plank for the proposed campgrounds along Poplar Springs Road.
Secretary Killinger reported that 2 property owners in Sewage Management District 1 still had not pumped their septic system. Killinger asked the Supervisors if they wanted to let Solicitor Davis take care of the 2 cases. They responded that they did.
Killinger reported that the Hauser Vineyard and Winery land development was ready for recording. Before it could be recorded the security check submitted by Hauser’s needed to be deposited in a non-interest bearing checking account. Killinger asked the Supervisors for approval to open such checking account.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to open a non-interest
bearing checking account with Adams County National Bank. Motion carried, 2-0.
Killinger reported that the evening prior the Planning Commission made 2 comments on the SALDO revision in regards to mobile home parks. Solicitor Davis stated these were basically typographical errors and wouldn’t change the substance of anything. Therefore, it would not be necessary to send it again to the Adams County Office of Planning and Development for review. Davis recommended that a fee schedule with the mobile home park fees also be considered at the same time as the SALDO revision.
Supervisor Fetter gave the Assistant Roadmaster’s report for August. The road crew measured the roads that needed to be oil and chipped; opened the ditch on the hill on Bingaman Road; cleaned drain tiles on Green Ridge Road; installed a new stop sign at White Pine and Rhododendron Roads; installed the push blocks on trucks to use when paving roads; helped Butler Township with paving; paved dirt part of Bottom Road; assisted with paving a section of Buchanan Valley Fire Department’s parking lot; repaired the driveways and bus turn around on Bottom Road; and installed chippers on 2 trucks to start oil and chipping.
Supervisor Fetter asked Solicitor Davis for his opinion as to what form of an annual audit the Supervisors should require of the fire departments each year. Davis stated the Supervisors should require sufficient information to satisfy the Supervisors and inform them of where the money was being applied especially the contributions from the Township.
Supervisor Spence stated that any costs incurred or services provided during Buchanan Valley Fire Department’s paving project would be given equally to Cashtown Fire Department.
Supervisor Fetter told Secretary Killinger to issue the other donations to the fire departments.
Solicitor Davis stated that he would be out of town the night of the zoning hearing scheduled for September 25, 2007. He recommended that, if the Supervisors had a position on it, they hire special counsel for that hearing. The Supervisors stated their only concerns were the road and the septic. Davis recommended the Supervisors attend and voice those concerns.
Craig Zack, KPI Technology, updated the Board on the status of the Cashtown/McKnightstown sewer project. The PennDOT Highway Occupancy Permit application was returned by the local PennDOT office with a request for more information. Zack also mentioned that, as a result of the recently held meeting to address concerns from citizens regarding rights of way, various issues were brought up and would need to be addressed through individual meetings with those citizens and the Supervisors. Supervisor Fetter asked how many rights of ways still needed to be signed. Zack replied approximately 33 percent were completed. These agreements needed to be signed prior to securing financing for the project. Solicitor Davis recommended a letter be sent under his signature notifying those who have not signed yet that they need to as soon as possible. Fetter asked that a sentence be added to the letter stating that additional effort put forth in getting the agreements signed would increase the overall project cost as more time from the engineers and Solicitor would be involved.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to authorize
Solicitor Davis and Secretary Killinger to write a letter to be sent to those
who still need to sign their right of way agreement indicating that the agreements
must be signed by a certain date. Motion carried, 2-0.
Lastly, the Pennvest application was submitted.
OLD BUSINESS
Supervisor Spence read the summary for proposed Ordinance 2007-03.
Joel Riddlemoser, Flohrs Church Road resident, commented on the proposed Ordinance. Riddlemoser’s comments pertained to Section 65-4.D. Outside Appliances and Section 65-4.E. Weeds. Riddlemoser asked how this would be enforced. Since the State already had an Act in place with remedies for people who had problems with weeds, why should the Township get involved? Riddlemoser thought the paragraph should be worded as follows: “Noxious weeds as defined by the Pennsylvania Department of Agriculture’s noxious weed control list shall not be propagated, sold or transported within the Township. Noxious weed control shall be enforced with the Pennsylvania Department of Agriculture Noxious Weed Control Act.” This would leave the Township out of it. Riddlemoser stated the State already has a plan in place and the Township should just go along with the State’s plan.
Solicitor Davis responded that this ordinance was written as requested by the Township because the Township did not have sufficient wording in the Code to cause the proper maintenance of property. Davis stated when it is written “weeds classified by any agency of the Commonwealth of Pennsylvania” oftentimes we don’t name specific Acts because the legislature can come and re-enact an enactment and give it a different name and suddenly our ordinance is useless. Solicitor Davis told the Supervisors the weed section could be taken out if they were satisfied with it that way.
Supervisor Spence asked if the weeds were a concern. Zoning/Code Enforcement Officer Temchack stated he did not have any weed complaints. The main problems were high grass, weeds and trash around houses. Jim stated, as far as enforcing weeds, he’d have to take it on a case by case basis.
Resident O’Shea suggested the ordinance specify weeds not allowed within a certain distance of the structure or house.
Supervisor Fetter stated the ordinance was asked for because there were a couple houses which were abandoned and the neighbors called the Township complaining. The Township did not have any ordinance to enforce and resolve the complaints.
The Supervisors agreed to table the ordinance until October’s meeting.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to authorize
the Secretary to re-advertise the adoption of the property maintenance
ordinance with such amendments that the Supervisors and Zoning/Code
Enforcement Officer decide. Motion carried, 2-0.
NEW BUSINESS
Solicitor Davis explained the following Resolution authorized the Township to apply for Pennvest funding for the sewer project.
MOTION by Supervisors Fetter, seconded by Supervisor Spence, to adopt
Resolution 2007-10, the Pennvest Resolution to Apply. Motion carried, 2-0.
Supervisor Fetter explained the following Resolution authorized the Township to dispose of old records.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to adopt
Resolution 2007-11, Disposition of Municipal Records. Motion carried, 2-0.
Secretary Killinger explained Catharine Roth submitted an Adopt-A-Road agreement to adopt Ragged Edge Road.
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve
the Adopt-A-Road Agreement with Catharine Roth for Ragged Edge Road.
Motion carried, 2-0.
The Supervisors received a letter of resignation from Supervisor Hartley. There was no motion concerning this topic. Supervisor Fetter stated this business would be tabled and asked Secretary Killinger to contact Supervisor Hartley and ask if he would reconsider and finish his term.
Solicitor Davis stated if Mr. Hartley did wish to resign, the Supervisors had 30 days after the acceptance of the resignation to seek someone else to fill his seat until the next municipal election was held. If the Supervisors decided to interview people, the interviews must be held in public.
Supervisor Fetter stated he would like to give Supervisor Hartley the opportunity to think about it.
Solicitor Davis added if the Supervisors didn’t fill the position within 30 days then it would go to the Vacancy Board which would have another 15 days to fill the position. If the Vacancy Board did not fill it then a petition could be filed with the Court to have someone named as Supervisor.
GUESTS
Glenn Hartzell, resident, asked what would happen if the Township did not receive grant money from Pennvest for the sewer project. Solicitor Davis responded the Township had hired bond counsel and the Supervisors would discuss with him what was available in the loan market, what it would cost the Township and what effect it would have on the economic feasibility of the project. Mr. Hartzell asked if funding was not received would the Township be revising the project and completing it in steps. Davis stated that would require the Township to revise its sewage facilities plan.
Nancy McGlaughlin, Hilltown Road resident, asked that a drainage problem in her area be addressed. Ms. McGlaughlin showed pictures of the problem to the Supervisors. Supervisor Fetter stated he was aware of the problem but said he thought the problem was made worse when they took out the apple orchard and additional houses were built. Supervisor Fetter said he would look into it.
Mr. Lochbaum, resident, made a suggestion which he said would make it possible for the development next to the school to hook up to the sewer. Craig Zack, KPI Technology, disagreed.
Mr. Lochbaum made a complaint about the snow plowing at the intersection of Tillietown Road and Old Route 30 as well as the speed of the snowplow as it was driving through McKnightstown. Supervisor Fetter stated he would talk to the road crew but asked Mr. Lochbaum to report it a lot sooner next time. It would be difficult to determine now who was driving the snowplow.
Glenn Hartzell asked if Flohr’s Church and the parsonage had to hook up to the sewer. Craig Zack stated no, they were too far away from the sewer line.
Mr. Scott asked what the Supervisors were doing about the people on fixed incomes who would have to connect to the sewer. Supervisor Fetter informed Mr. Scott of the Community Development Block Grant money available through Adams County. Secretary Killinger told Mr. Scott there were three places which would help people on low incomes. She provided Mr. Scott with the organizations’ names and contact numbers.
Nancy McGlaughlin asked what the proposed quarterly charge was for the sewer. Solicitor Davis stated the quarterly charge would be between $240 and $270.
Mr. Scott asked what the reasoning was behind the price. Solicitor Davis stated it was partially for the operation and maintenance of the system and partially to payback the borrowings for constructing the system.
Kevin Bollinger, resident, asked that the due date to have the right of way agreements signed fall after the meeting he requested.
Nancy McGlaughlin announced that WGAL would be at the Gettyburg Fire Hall on September 20th and Todd Platts would be at the same place on September 21st. She suggested these would be good times to bring up Township issues.
McGlaughlin asked about the sewage problem in the alleys in Cashtown. She asked what the Township had done to address the problem and why it was still happening. Solicitor Davis stated there are systems there that are malfunctioning. The absorption field is usually what fails and then it finds its way underground until it surfaces. The Township could have sent a Sewage Enforcement Officer out and told everyone to get a holding tank. The Township chose not to seek out the problem but only to address it if someone complained. It seems enough of a burden to make people pay to hook onto a sewer system and to not make them put in a holding tank in the interim. The Township is taking steps to correct the problem. It will just take longer to build a sewer system than to put in holding tanks.
Patricia Wiehiegan, Hamiltonban Township resident, was present just to observe stating she was glad to see a good turnout for the meeting.
There being no further business to conduct meeting adjourned at 11:32 a.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Special Meeting – September 14, 2007
SUPERVISORS PRESENT: Daniel Fetter and Sandra Spence
OTHERS PRESENT: Walton Davis, Solicitor
The meeting, held at the Franklin Township Municipal Building, was called to order at 3:30 p.m. by the Chairman, Daniel Fetter.
The special meeting was advertised in the Gettysburg Times. There were guests present in the audience.
The meeting was scheduled to deal with Supervisor Hartley’s resignation. Supervisor Fetter read Supervisor Hartley’s letter of resignation: “For the past 20 years Franklin Township has consumed my entire life. From the time I was hired in 1987 on the road crew and from the day I was first elected Township Supervisor in 1991, I have eaten, breathed and slept Franklin Township. I have given 100 percent of my ability and am very proud of what has been accomplished. I can walk away and honestly know that I made a difference in the future direction of the Township. I do believe there comes a time when everyone has to reevaluate his or her directions, priorities in life and make a change. For me the time is now. Life is short. I need to devote all my time towards my family and myself. I am hopeful that you will keep Franklin Township headed in the right direction”.
Supervisor Spence made a motion to accept Supervisor Hartley’s resignation. Supervisor Fetter seconded the motion and asked if there were any comments.
Daniel Keys, resident, stated that there were numerous allegations against Mr. Hartley and asked if the Supervisors could make a comment on them. Solicitor Davis stated that had nothing to do with the motion that was before the Board which was whether to accept or not accept his resignation. Mr. Keys stated there were allegations that documents were missing. Solicitor Davis stated the allegations didn’t make any difference. The issue before the Board was whether or not they accept Hartley’s resignation. Mr. Keys stated there were also allegations that Hartley was resigning from the Biglerville Police Force. Solicitor Davis told Mr. Keys he was bordering on slandering someone who was no longer about to be a public official. Solicitor Davis asked if Mr. Keys had anything to say about whether the Board should or should not accept Hartley’s resignation. Keys stated they should.
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to accept
Supervisor Hartley’s resignation. Motion carried, 2-0.
Solicitor Davis stated the Board had 30 days to find a replacement. If they did not find a replacement the Franklin Township Vacancy Board had an additional 15 days to fill the vacancy. If the Vacancy Board did not fill it, a petition could be filed with the Court and the Court would fill the vacancy.
Mr. Keys asked if anyone could explain further why Mr. Hartley was resigning. Supervisor Fetter said Mr. Hartley said “it’s time”. Keys asked if the allegations were all unfounded. Solicitor Davis stated that the Board was not speaking to any allegations raised by Keys. Supervisor Hartley submitted a letter of resignation basically indicating that he was burned out, that he has devoted 20 years to Franklin Township and now he wishes to devote his time to something else. There were no allegations currently before the Board, he had a right to resign if he wanted to and that was what he was doing.
JR Crushong, resident, asked if anyone could submit an application to be considered for the position of Supervisor. Supervisor Fetter told him to call the Township Secretary and give her the information.
Supervisor Fetter adjourned the special meeting at 3:36 p.m.
Respectfully submitted,
Lori J. Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Public Hearing – October 4, 2007
SUPERVISORS PRESENT: Daniel Fetter and Sandra Spence
OTHERS PRESENT: Craig Zack, KPI Technology; Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Jim Temchack, Zoning/Code Enforcement Officer
The purpose of the hearing was to receive comments from the public regarding proposed Ordinance 2007-04, an ordinance revising the Franklin Township Code of Ordinances, Chapter 146 (Subdivision and Land Development).
The hearing for the proposed Ordinance was advertised in the Gettysburg Times according to public notice with a notice of intent to adopt the Ordinance at the following monthly Board of Supervisors meeting.
The public hearing, held at the Franklin Township Municipal Building, was called to order at 7:00 p.m. by the Chairman, Daniel Fetter.
Solicitor Davis explained that this was a public hearing on the revised Subdivision and Land Development Ordinance (SALDO) for Franklin Township. The following comments on the proposed ordinance were received from members in the audience.
Tom Collins, resident, asked if this ordinance addressed a single family home being used for more than one family. He was aware of this situation in his neighborhood and was not aware of any enforcement. Solicitor Davis stated that would be more subject to the Zoning Ordinance. The SALDO controlled, for example, width of driveways and how to subdivide property.
Joel Riddlemoser, resident, asked for a summary of the ordinance changes. Jim Temchack, Zoning/Code Enforcement Officer, stated there was a section added for individual mobile homes requiring special permits. Supervisor Fetter asked Gil Picarelli, KPI Technology, to explain why this revision was made. Picarelli responded according to the current zoning ordinance, 2 or more mobile homes constituted a mobile home park and certain licenses were required. The Township was approached by several orchard owners and stated it would be helpful to be able to use mobile homes for temporary housing for their workers. One of the biggest changes was the allowance of temporary housing in these situations. The other changes were just updating and bring it up to today’s standards including the addition of a stormwater management section. Picarelli stated the SALDO should be updated every 8 to 10 years. Picarelli stated they also fixed inconsistencies between the SALDO and Zoning Ordinance.
Nancy McGlaughlin, resident, asked if there were any changes which would impact the sewer project. Picarelli stated the current, as well as revised SALDO, indicated what lot sizes could be if sewer was available.
Joel Riddlemoser asked if it went into detail on the requirements of sewage hookups. Picarelli stated no.
There being no further comments the public hearing was adjourned at 7:13 p.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Regular Meeting
SUPERVISORS PRESENT: Daniel Fetter, Sandra Spence and Ed Sharrah
OTHERS PRESENT: Craig Zack, KPI Technology; Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/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, Daniel Fetter.
The pledge of allegiance was recited by all in unison.
Supervisor Fetter stated that approximately 15 people expressed interest in the vacant Supervisor position.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint
Ed Sharrah as Supervisor. Motion carried, 2-0.
Ed Sharrah took to the Oath of Office.
APPROVAL OF MINUTES
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve the September regular meeting minutes and September 14, 2007 special meeting minutes as pre-read by the Supervisors. Motion carried, 2-0.
APPROVAL OF BILL LIST #10
MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve Bill List #10, General Fund checks 26467-26531 totaling $65,472.05, State Fund checks 6330-6331 totaling $88,410.65 and Sewer Fund checks 1141-1144 totaling $477.24. Motion carried, 2-0.
PRELIMINARY/FINAL PLAN
The time extension for the John and Laura Tarbet subdivision plan was expired. No additional time extension was requested. Solicitor Davis stated the Supervisors had three choices: approve it, reject it or approve it on condition that any minor items get corrected. One KPI comment remained stating site distance must be shown on the plan. The other issue remained with a third party agency, DEP. Solicitor Davis stated the best legal response to this would be to approve the plan on condition that the required site distances were properly shown on the plan and on condition that eventual approval from DEP was obtained.
MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to
approve the preliminary/final subdivision plan for John and Laura Tarbet of
Poplar Springs Road pending KPI’s comment regarding site distance is
addressed and pending DEP approval of the sewage module.
Motion carried, 3-0.
PRELIMINARY PLAN
Secretary Killinger stated the Planning Commission approved the Clapsaddle plan pending resolution of KPI’s comments #1, 2 and 3.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve
the preliminary subdivision plan and sewage module for Mary Ann
Clapsaddle of Poplar Springs Road pending KPI’s comments are addressed.
Motion carried, 3-0.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported for the month of September he issued 6 UCnC building permits and 1 land use permit with a total construction value of $824,100.00. He issued 9 use and occupancy certificates, 1 flea market/yard sale permit, 1 driveway permit and 1 sign permit. He received 1 zoning hearing board application. Additionally, he issued 3 verbal warnings, 7 warnings concerning U&O certificates, 7 warnings concerning building/land use permit expirations and 2 verbal yard sale warnings. Temchack addressed complaints and concerns about the sewer easements. Temchack stated the special exception application to place a camp ground/resort within the Ag zone was denied by the Zoning Hearing Board. Temchack added that he was working as a notary to help complete sewer easement agreements. He was also working with both Land and Sea Services and MDIA on lateral sewer line requirements and inspection fees in addition to working with the inspection companies to close out completed building permits.
Secretary Killinger reported that the road crew obtained an estimate of $9,570 for approximately 40 miles of road line painting. Killinger and the road crew could not find any other companies in the area other than Alpha Space that would do this kind of work. Supervisor Sharrah stated he would try to get more estimates.
Supervisor Fetter addressed Nancy McGlaughlin’s complaint of flooding on Hilltown Road which was brought up at the prior monthly meeting. Fetter stated this was an ongoing problem. KPI representatives had been to the site as well as the Franklin Township road crew. Fetter stated there was not a good answer to the problem. The area was flat. The problem had worsened since the apple orchard was removed. The best solution would be to put in a swale behind the houses which would take the water towards the creek. Tom Collins, resident, stated there used to be a drainage ditch between Ed Spence’s driveway and the hill down to the back of McClain’s house on the right-hand side going towards Carl Frantz’s which was eventually disked over by farmers. Fetter stated the road crew was going to start cutting side ditches. He stated that may help the situation. McGlaughlin stated it was a dangerous situation on the Little Italy side of the road where the trailers were located.
Spence gave the Assistant Roadmaster’s report for September. The road crew assisted Tyrone Township with oil and chipping for 3 days; cold patched roads to prepare for chipping; assisted Menallen Township with oil and chipping for 4 days; hauled stone; oil and chipped in Franklin Township for 4 days; assisted Butler Township with oil and chipping for 2 days; opened the tile on the hill of Mountain road; reset the rocks on Twin Run Road at the tile that fell in; and dug out rocks on the dirt part of Flohrs Church Road replacing with 2A or millings.
Craig Zack, KPI Technology, updated the Board on the status of the Cashtown/McKnightstown sewer project. He stated the Highway Occupancy Permit application would be submitted to PennDOT.
OLD BUSINESS
A public hearing was held at 7:00 p.m. earlier the same evening to receive public comment on the revised Subdivision and Land Development Ordinance.
MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to adopt
Ordinance 2007-04 – the revised Subdivision and Land Development Ordinance.
Motion carried, 3-0.
NEW BUSINESS
Secretary Killinger stated that the fee schedule was revised as a result of the updated Subdivision and Land Development Ordinance. Items added were the Mobile Home Permit, Mobile Home Park License and an increase in fee for the Junkyard License. Supervisor Sharrah stated he would like to see the Resolution tabled so he could review it prior to the next meeting.
MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to table
Resolution 2007-12 – the revised Franklin Township fee schedule. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to set the date for
Trick-or-Treat as Wednesday, October 31, 2007 from 6:00 p.m. – 8:00 p.m.
Motion carried, 3-0.
GUESTS
Dave Woerner, New Road resident, stated the PA State Police told him to come to the Township for assistance with his problem. Woerner stated his neighbors had complained and sent the State Police to his house several times because his son’s motorcycle was too loud. The State Police stated the next time they were called to his house they would issue fines to Woerner’s son. Solicitor Davis stated it sounded like something to do with the Vehicle Code; the Township did not have a police department and therefore, did not enforce the Vehicle Code. Supervisor Fetter stated there was nothing the Township could do for him.
Paul Smith, McKnightstown Road resident, stated Supervisor Fetter requested citizens contact their representatives in regards to obtaining funding for the sewer project. Smith stated that he and others had done so. He stated a citizens committee was formed for this purpose. The committee met with Dan Moul and was planning to meet with Terry Punt.
Nancy McGlaughlin, Hilltown Road resident, thanked Dan Moul’s legislative assistant, Larry Miller, for attending the meeting. McGlaughlin read letters responding to the request for funding letters that were sent out. Governor Rendell’s letter stated this system would help the whole community of Cashtown, McKnightstown and Seven Stars. McGlaughlin stated she thought Rendell’s office did not realize that Seven Stars was no longer included. McGlaughlin stated it was interesting that the testing done on the wells was not for fecal coliform. It was for nitrates and total coliform. The study stated that 52 percent of wells were polluted. She stated half of 336 was 168 but the study stated 85 wells were tested. Not all of those 85 will be on the system. Only 38 of the 85 had any bacterial content which was mostly minor. She stated 3 of the 9 wells that were really bad were in Seven Stars. She asked why the Seven Stars area was taken off. Gil Picarelli, KPI Technology, stated that Seven Stars was included in the Act 537 study area. He stated in the planning there were not enough problems and enough people to constitute dealing with that area at this time. Seven Stars was never part of the sewer area. It never came off of any plans.
McGlaughlin indicated Rendell and Moul thought the project was too expensive per unit and that was why Pennvest would not consider funding the project. She stated the cost needed to come down. McGlaughlin stated Dan Moul said if the price would get under control he thought he could do something to help. McGlaughlin stated she spoke personally to Todd Platts and he said that federally there was no money out there for us and to go see Dan Moul and Terry Punt. Solicitor Davis stated we didn’t agree on the theory that the more expensive it was, the less likely we were to get funding. All of our experience had been the more expensive it was the more likely we were to get funding particularly if low income people lived in the area.
McGlaughlin asked where the pumping station would be located. Picarelli responded that there was no pumping station. McGlaughlin asked how the bidding process would be done. Picarelli stated there would be an advertisement in the paper and all procedures set forth by the government would have to be followed. Sealed bids would be accepted and opened at an advertised special meeting.
McGlaughlin stated at the August 24th meeting she asked Picarelli if she would be getting an easement for her property on Hilltown Road. She said he stated the pipe would come down the center of the road. After talking to her neighbors, she found out that it will go down the road so far then it would cross into her neighbors’ yards, so it would not totally be going down the center of the road. McGlaughlin added some people were getting $1 for their easements and some were getting $2. She stated some of the people getting $2 had told her personally that they were also asking to be considered for free hookups. Zoning/Code Enforcement Officer, Jim Temchack stated $1 was issued for each parcel and some people had 2 parcels. McGlaughlin asked how the process for free hookups would take place. Supervisor Fetter stated no free hookups had been given except during negotiations with the property owner where the treatment plant would be.
McGlaughlin stated, according to the map, the sewer line was going down the center of Hilltown Road between High Street and Route 30. She asked if it wouldn’t be cheaper to run the line through the farm land on either side of the road instead of digging up the road. Craig Zack, KPI Technology, stated the line was run that way due to wetlands in the area and existing ditch lines. It was put in the optimal location.
McGlaughlin stated on Hilltown east, where the line would go down the center of the road then cross into peoples’ yards, there were concerns about trees that would need to be removed. Zack stated that the pipe would go on that side of the road because the houses were located on that side of the road. There were no houses on the other side of the road.
Deb Flickinger, Hilltown Road resident, had complaints about her plot plan not being correct. She stated she had requested someone come out to her property to show her where the sewer line would be placed and to correct the discrepancy on her plot plan. Flickinger questioned the credibility and accountability of the entire sewer project.
Shirley Miller, Hilltown Road resident, was concerned about the position of her well on the plot plan. She didn’t want to sign the document until it was correct. To her understanding, her pine trees would be removed. Solicitor Davis stated the agreement said she couldn’t plant trees in the right of way, it did not say that the trees would be removed. Picarelli stated that area was surveyed from a plane. The plot plans showed diameters of trees, not where the actual trunks were. The trunks on a larger tree may be far enough from the sewer line that they would not have to be removed.
McGlaughlin stated she called Robert Walters, Supervisor for Adams County Department of Health, and asked him if he had any documented problems with bad water in the area. He said he had nothing.
McGlaughlin read a few letters concerning the sewer which were sent to Representative Dan Moul.
McGlaughlin submitted a signed petition and stated “the people of Hilltown Road East and some of my neighbors on Route 30 and Flohrs Church, we the property owners of the [previously mentioned areas] are seeking an exemption from the Franklin Township sewer hookup plan. Our wells are not contaminated nor are our septic systems proven to be inadequate. Our request will free up grant monies to aid our neighbors in Cashtown and McKnightstown and ease the overall financial burden the project places on all of us. We the undersigned of Hilltown East do request an immediate exemption from the plan asking that the same respect and consideration be given to us as the people of Seven Stars, Edward Court and Oak Tree.”
Chris Santay, Misty Lane resident, also submitted a petition signed by his neighbors and those in the 700 block of Flohrs Church Road. This petition indicated they had no issues in their area with wells or septics and they had no need for this sewer system. Santay stated the Township would be drowning them in debt and killing them financially. Santay stated the three Supervisors were obligated to find funding and get the project down to an affordable level.
Paul Smith, Old Route 30 resident of McKnightstown, asked if the Township had looked into any of the reimbursements through DEP. Gil Picarelli, stated the Township already received the reimbursement for the Act 537 plan.
Smith discussed the schedule within the Act 537 plan. Smith read “finalized establishment of right of ways, easements and land transfers – August 2007”. Smith stated the Township had not adhered to the schedule which was part of the plan approved by DEP. Smith suggested the Township notify DEP that the project was not on schedule. Solicitor Davis stated the result might be a fine that the taxpayers would have to pay and it would increase the cost of the system. Davis added that DEP may tell the Township to have their Solicitor start eminent domain proceedings. Smith stated anyone in the Township could inform DEP that the project was off schedule. Smith stated they wanted to see an adherence to the plan. Davis stated the 2 prior speakers just said they wanted to be exempted from the plan.
Smith discussed the 2 alternative plans from the Act 537 plan. Alternative 1, using the Gettysburg School system, was estimated at over $7 million. Alternative 2 was estimated at over $6 million.
Chris Santay asked if there was a court order from DEP. Supervisor Fetter stated no. Solicitor Davis stated DEP cannot give court orders. He added there was no order from DEP to comply at this time.
Nancy McGlaughlin stated it was her understanding that the Township was being forced to do this by DEP. Solicitor Davis responded when DEP says they would like you to look at your sewage facilities plan, they mean you will look at it. They first said the Poplar Springs area needed to be addressed. If the Township would push them to the point where they gave an order, then there would be no dealing with them whatsoever. Supervisor Spence stated Paul Curry with DEP made it very clear that you don’t play games with them.
Solicitor Davis stated there was a hearing approximately 2 years ago on the Act 537 plan. If the residents had been there they would have seen what the 2 alternatives were and the process the Township was going through. He stated they all heard Mr. Smith say Alternative 1 was more expensive so it was no surprise that the recommended alternative approved by DEP was the less expensive plan and now the Township had to go ahead with it. This Board of Supervisors hired financial experts to help find the best financial terms for the project. The Township’s understanding was that Pennvest looked favorably on higher costing projects with lower income people, which was what we had. Community Development Block Grants were lined up for many people if they qualified. The Supervisors were doing all they could do. Davis stated the residents would not believe what DEP would do if this Board suddenly said we’ve got people justifiably upset and we’re now going to stop this. Davis stated this was not fun for any of us.
Chris Santay asked if there was a 25% savings to use the school’s system why weren’t we using it. Supervisor Fetter stated it was his understanding that plan consisted of pumping stations which would require additional maintenance and that plan was more expensive. Davis stated Mr. Smith previously stated the school plan was $7 million and the plan we were following now was estimated at $6 million.
Santay stated this was eligible for bid November 1st. He asked what the Board’s plan was if they got bids in the $12 – $13 million dollar range. Fetter responded at this point he didn’t know. Santay asked what Supervisor Sharrah’s position was on the subject.
Supervisor Sharrah stated first of all, if we got bids in the $12 – $13 million range, he would go back to KPI and have them do some more homework. His own opinion was at $9 million, someone needed to do more homework. In his prior experience, Sharrah stated he had been involved in getting quotes on this same type of project where the estimate was 3 and 4 times the cost of this. He stated there was nothing wrong with the public scrutinizing the cost of what was laid on the table. He thought homework had to be done on the estimated quarterly payment. He stated he didn’t want anyone from the State coming in and telling them what they had to do. Sharrah stated he hadn’t even met with the engineers yet. He added that he was going to do what he could.
Gil Picarelli, KPI Technology, stated they were doing their best. In addition, if you looked back at the plan from 30 years ago, it was almost identical to the current design. They were not reinventing the wheel. Supervisor Sharrah asked who did those plans. Picarelli responded C.S. Davidson did the plans 15 years ago and he thought Martin and Martin did the plans 30 years ago. Santay asked why the plan didn’t move forward 15 years ago. It was a different Board then and from what Solicitor Davis could remember there was a loss of faith in the engineer. He was later discharged.
Vick Johnson, Flohrs Church Road resident, asked if DEP was involved 15 years ago, why they didn’t do anything then. He asked the Supervisors how they would feel if they had to pay to hook up. His concern was that the feedback from the people be heard. He hoped the listening was going on both ways. He said it was frustrating working with DEP but somehow there had to be a common understanding. Solicitor Davis responded to his first question, why DEP didn’t push the plan 15 years ago. Davis stated they did when they told the Township the Poplar Springs area needed to be addressed. DEP made it clear then that the Township would address Cashtown and McKnightstown next and after that, Mummasburg.
Prior to his speaking, Supervisor Fetter stated Darrin Flake owed an apology for cursing out the engineers and in front of the secretaries a few weeks prior. Mr. Flake apologized. Flake asked if the engineering firm, KPI, was selected by the Board with no competition. Did the Board put out solicitation for competition to have that done? Supervisor Fetter and Solicitor Davis stated no. Flake stated public perception was this should be put out for solicitation. He stated KPI was also the sewage enforcement officer. KPI controlled the whole system. Flake asked if the Supervisors felt there was no conflict of interest. Supervisors Fetter and Spence stated no. Flake asked why the Township didn’t look at putting this out for solicitation. Davis stated it was a Township choice. Townships get professional advisors without bids because there needs to be a close working relationship with someone you like working with and someone you trust.
Wilhemina Heckman, Flohrs Church Road resident, was very concerned by the fact that they were told they were being put on the sewer system to help pay for it rather than it was a project that looked the same 30 years ago. Solicitor Davis stated when you do systems like this you do them in general areas and try to take in as much as you can in that area. Heckman stated she had no sewage issues and there were no issues in her neighborhood as well. She stated she felt she was not told things entirely and not truthfully.
Supervisor Fetter stated a couple years ago DEP brought it to the Supervisors’ attention again that Cashtown and McKnightstown needed a system. The Supervisors asked KPI to start looking into it. The study area was within a triangle. Supervisor Fetter admitted one way of looking at it was to gather everyone within the triangle to pay for the system, including commercial properties as well. Fetter stated he asked DEP if some of the houses could be bypassed. DEP responded no. Heckman said that was the first time she heard that statement.
Rob Barber, owner of Crossroads Restaurant, stated for he and his wife this sewer would be an improvement. His concern was the right of way which would cover the corner of his property. Solicitor Davis stated he received Barber’s letter outlining his concerns and he planned to respond to it the following week.
Rosalyn Hewitt, who lives on the corner of Old Route 30 and Tillietown Road, stated she had not signed the right of way because the right of way was shown running between her house and the yellow street line. Her house was located 3 feet from the road. Her concern was who was accountable if her foundation, which was already crumbly, was damaged during construction. Gil Picarelli, stated prior to construction everything would be filmed and he advised everyone to take their own pictures as well. Picarelli stated if her foundation was struck during construction, the construction company would be responsible.
Tim Brewer, Poplar Springs Road, asked if anything could be done to eliminate the special exception allowance for a campground within the Ag zone. Solicitor Davis stated the Supervisors would have to amend the zoning ordinance and they would have to find someplace else in the zoning for campgrounds to go since it was a legal use. Solicitor Davis stated Brewer could come up with a proposal which would define what Mr. Plank wanted (during the zoning hearing) and where to put it in the zoning. He could submit the proposal to the Board of Supervisors and they could accept it, amend it or deny it.
Tom Kerr, resident, stated the addresses of the guests present being Flohrs Church Road, Misty Lane and Hilltown Road should tell the Supervisors something about where the concern was with the sewer project. Kerr asked why the Township couldn’t be taxed for the whole sewer project. Solicitor Davis responded based on every sewer system he was aware of, all of the municipal authorities deal with raising the revenues by user fees as opposed to general taxation. This was because, unlike roads and schools where everyone had the opportunity to use them, the only people that could use things like water and sewer systems were those that were connected.
Joe Miller, resident, had the same question as Mr. Kerr.
Deb Flickinger addressed Solicitor Davis. She stated he criticized her concerns over unreturned phone calls and discrepancies. She asked shouldn’t she be concerned. Davis responded he thought she was displacing her frustration with this system. The real issue was where the right of way on her property needed to go and not whether someone at KPI had the wrong phone number. She stated these were minor issues. We were dealing with a large project, if they couldn’t get the little things right, how could she have faith that they would get the big picture right. Solicitor Davis asked if she could bring her plot plan to the front.
Shirley Miller, Hilltown Road resident, asked if the system was gravity flow why it didn’t go up Hilltown Road and on up Old Route 30 to help get more people and defray the costs. Supervisor Fetter stated it was not justified based on the costs of the roads being torn up and the amount of houses that could be added. Miller stated she wished there was some way to add more people so that the monthly cost would be lower.
Nancy McGlaughlin asked if the Supervisors could read Craig Hartley’s letter of resignation. Supervisor Spence read the letter of resignation from the September 14, 2007 special meeting minutes.
Tom Collins, resident, asked if anyone pursued a loan program where the Township would be able to negotiate a better deal for people with a financial institution to be able to pay for their hookup fees over a certain amount of time. Supervisor Fetter stated they had a meeting with the financial advisors where that scenario was mentioned. The downside to that was the possibility of losing the CDBG money. They may view it as everyone could now afford it since there was a payment plan option.
Solicitor Davis stated in the 60’s he saw a situation in Lake Meade where the people had a payment plan option but then they had a lien placed on their house.
Tom Collins stated he was encouraged by the fact that 15 people expressed interest in the Supervisor position. He stated he was pleased with the appointment of Ed Sharrah.
Mr. Kane, Hilltown Road resident, approached the KPI representatives with a question about the position of the sewer line along his property. His concern was whether his trees would be taken down. Gil Picarelli, stated this area was going to be reevaluated due to the electrical company putting in an electrical line after the sewer plan was designed.
Supervisor Fetter stated he would apologize to Wilhemina Heckman for upsetting her earlier during the meeting.
There being no further business to conduct meeting adjourned at 9:57 p.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Regular Meeting
SUPERVISORS PRESENT: Sandra Spence and Ed Sharrah
OTHERS PRESENT: Craig Zack, KPI Technology; Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/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 Vice-Chairman, Sandra Spence.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve the October 4, 2007 public hearing minutes and October regular meeting minutes as pre-read by the Supervisors. Motion carried, 2-0.
APPROVAL OF BILL LIST #11
MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to approve Bill List #11, General Fund checks 26532-26597 totaling $143,900.38, State Fund check 6332 totaling $5,310.57, Sewer Fund checks 1145-1147 totaling $361.41 and 2006 Project Account checks 1029-1031 totaling $9,358.41. Motion carried, 2-0.
FINAL PLAN
MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve the final
subdivision plan for Mary Ann Clappsaddle of Poplar Springs Road pending DEP approval of
the sewage module. Motion carried, 2-0.
Mark Kuntz had a question in regards to Lloyd Adkins’ property at the intersection of Chambersburg Road and Seven Stars Road consisting of 8 acres of developable land. Kuntz stated his problem was getting proper site distance for the driveways. The only option was to use a lane off of Chambersburg Road to access the property. According to the Subdivision and Land Development Ordinance, private roads were approved at the discretion of the Supervisors. Solicitor Davis read from the Ordinance the required specifications for a private road. Mr. Kuntz stated he understood the requirements.
MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to grant the right to use the existing lane pending subdivision drawings are submitted for final approval.
Motion carried, 2-0.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported for the month of October he issued 4 UCnC building permits with a total construction value of $1,238,500.00. He issued 5 use and occupancy certificates, 1 flea market/yard sale permit, 2 driveway permits, 1 sign permit and 1 home occupation permit. He received 1 zoning hearing board application. Additionally, he issued 3 verbal warnings, 1 warning concerning a U&O certificate, 3 warnings concerning building/land use permit expirations and 1 verbal yard sale warnings. Temchack addressed complaints and concerns about the sewer project, neighbors with high grass, garbage, junk and vehicles around a home, demolition of a home and septic system issues. Temchack added that he spent a considerable amount of time notarizing sewer easement agreements.
Secretary Killinger reported she submitted another Single Application for Assistance to DCED for the sewer project. Anne Stine in Senator Punt’s office hand delivered the application.
Killinger stated she was conducting the seven year review of Agricultural Security Area #3.
Supervisor Sharrah read the Assistant Roadmaster’s report for October. The road crew cut brush at intersections of state roads to improve sight distance from the Township’s roads; replaced stop sign and road sign at Bingaman and Scott School Roads, as well as the delineators at Bingaman Road and Old Route 30; put up Adopt a Road signs on Ragged Edge Road, put berm down on Bottom Road; put chippers and berm machines away for the season; dug out rocks on Miltonberger and Poplar Springs Roads, fixed washouts and graded spots; graded Flohrs Church Road between Tillietown and Sunset Roads as well as Ragged Edge Road; had trucks inspected; fixed potholes on dirt roads and dug out potholes on Newman Road; and put boom mower on the tractor to cut brush.
Craig Zack, KPI Technology, updated the Board on the status of the Cashtown/McKnightstown sewer project. Zack stated that the PennDot Highway Occupancy permit application was submitted to the local PennDot office, which would then submit it to Harrisburg.
The PA DEP joint permit application was resubmitted to PA DEP. Zack expected PA DEP to submit a letter to Pennvest stating their approval so the Township could be considered for financial assistance.
Some of the rights of way were updated and provided to Secretary Killinger.
The next Pennvest Board meeting is January 22, 2008.
OLD BUSINESS
MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to table Ordinance 2007-03
– the Property Maintenance Ordinance. Motion carried, 2-0.
Solicitor Davis asked if the Supervisors wanted the Ordinance to be advertised again for potential adoption at the next meeting. Supervisor Spence stated they would wait to discuss it at the next meeting.
MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to adopt
Resolution 2007-12 – the Revised Franklin Township Fee Schedule. Motion carried, 2-0.
NEW BUSINESS
MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to adopt
Resolution 2007-13 – the Adams County National Bank Corporate Authorization.
Motion carried, 2-0.
MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to tentatively adopt the
proposed 2008 budget for December 6, 2007 and authorize its advertising. Motion carried, 2-0.
GUESTS
Nancy McGlaughlin, Hilltown Road resident, made some announcements. She stated only 80 people who sent in their income surveys qualified for the CDBG grant. She stated the amount a person would receive would depend upon their income. The money could not be applied for until construction was completed. McGlaughlin received this information from Anne Thomas, Adams County Planning. The CDBG money will be held for three years for this project.
McGlaughlin asked the Supervisors if they had hired anyone to do fundraising. Supervisor Spence stated no, the Township hired bond counsel. Spence stated Craig Zack, KPI Technology, was aware of grants for which the Township would be eligible. Solicitor Davis stated after hearing whether the Township was awarded Pennvest funds, the Supervisors may direct a financial manager to check with various lenders to see what could be done. Supervisor Spence stated the Township already had information on commercial loans. McGlaughlin asked if there had been any conversations between the Board and any banks. Spence stated no, the Supervisors were waiting to hear Pennvest’s decision.
McGlaughlin inquired about the Copenhaver property located on the corner of Crooked Creek Road and Route 30. She asked if that property was approved to be an apartment building. Jim Temchack, Zoning/Code Enforcement Officer, stated he did not know. He had not been approached by the owner. McGlaughlin stated it had been brought to her attention that they were going to use it for apartments and in addition, that there was a bad sewer situation there. She asked if there would be a requirement for the owner to fix the sewer system. Temchack stated prior to issuing a building permit, he would ask the owner to contact KPI to have their system checked. Temchack stated he would check out the building. Chris Santay, Misty Lane resident, asked, if the building was going to be made into apartments, would consideration be given to them expanding their septic system. Temchack stated yes. McGlaughlin stated the neighbors in the area were concerned about the issues with the septic system on this property.
Joel Riddlemoser, Flohrs Church Road resident, asked if the Township received a notice from the York Adams Tax Bureau, stating that the Township was overpaid. Supervisor Spence stated yes. Riddlemoser asked if there was any consideration given to hiring a different earned income tax collector. Spence stated that had not been discussed. Spence stated the extra money was set aside and put in the investment fund with PLGIT. Daniel Keys, resident, stated the Township could use the Bureau’s mistake as leverage to lower their fees. Spence explained that York Adams Tax Bureau gets their fees by taking the incoming money and making short term investments with it. She stated that was why they may think twice about going with an independent company which would charge fees. She stated she had attended York Adams Tax Bureau meetings and felt they were operating in good faith.
Paul Smith, Old Route 30 resident, submitted the stated purpose of the citizens’ sewer committee. Smith read “the purpose of the citizens’ sewer committee of Franklin Township is to work with the Department of Environmental Protection, Township Supervisors and Franklin Township citizens to seek and obtain grant funding for a community sewer system. With the assistance of our state representative and senator we will pursue the finances that will make the project viable. Our intent is to develop a new sewer system plan from parts of the existing alternatives and other possibilities. We’ve determined that this plan will be guided by the financial limitations of homeowners especially senior citizens on fixed incomes and low income families. We will make recommendations on it and monitor the process, options and alternatives. We will be a part of the planning, development, revision, approval, schedule and construction with all its main authorities. Full consideration will be given to existing individual septic systems and the rights of property owners. Signed Paul Smith, Chris Santay and Nancy McGlaughlin.”
Chris Santay, Misty Lane resident, asked what the purpose was of changing the meeting time. Supervisor Sharrah stated they changed it hoping that all Supervisors would be able to attend. Supervisor Spence stated that next year all Board of Supervisor meetings will be evening meetings. Santay indicated he had a conversation with Ed Corriveau, DEP, who said he would be glad to come to a public meeting; however, he had to do it at a daytime meeting. Santay stated it looked suspect that the meeting was changed to a night meeting and this person could only attend a daytime meeting. Supervisor Sharrah stated he objected to that comment. He stated he had no problem meeting with this person during the day; he would take time off work. Santay stated this person’s tone was very reasonable and very concerned. Supervisor Spence stated they could have a special meeting during the day. Santay stated the meeting had to be requested by the Supervisors.
Santay asked why the project was not considered at the October Pennvest meeting. Gil Picarelli, KPI Technology, stated the Joint Permit application was not approved by DEP in time. Picarelli stated they recently received correspondence from DEP stating they had all the information and that they would send a letter to Pennvest stating so. Santay asked if we were going to move forward with bidding. Picarelli stated they would if they were directed by the Supervisors to do so.
Santay stated they had heard from the Representatives and Senators that this project was too expensive for Pennvest to be on board. He asked the Supervisors what impression they got from Pennvest. Supervisor Spence stated Vickie Johnson, Pennvest, did not give a lot of hope at a recent meeting compared to their meeting two years ago. Hurricane Katrina had affected the cash flow; however, Ms. Johnson did not say it was “dead in the water”. Picarelli stated the hope was to get some grant money and the rest in a low interest loan. The second hope would be for no grant and all of it in a low interest loan. Picarelli stated there were projects all over the state and Pennvest rated applications by a point system. For example, projects got points if the project brought in industry. Picarelli stated they were told that Pennvest was reevaluating the point system. Pennvest had indicated that there was a need for the project; they also indicated that there was not a lot of money to go around.
Lastly, Santay made a suggestion in regards to bids for the project. He suggested a month of free rock digging should be included in the contract before the Township was blind sighted by a big extra on the project.
Mary Grimes, Old Route 30 resident, stated she received a letter from the Township in response to her conversation with Solicitor Davis. She had asked for clarification on the right of way agreements and also for two future hookups in exchange for the one acre of right of way that would be taken. The one section of right of way was located in a CREP (Conservation Resource Enhancement Program) plan where trees had already been planted. Grimes read the letter and stated she was not satisfied with the answers. She stated she asked for future hookups which would not cost the Township any more money. She stated the sewer would not increase the value of her property as she could not hook up to it. She stated she had no intention of building on this property; however, the two hookups would be used after she was dead for her children. Supervisor Sharrah asked where they would draw the line, if everyone who gave an easement of an acre was given a free hookup. Grimes stated she didn’t think they could find anyone else giving that much easement. Supervisors Sharrah and Spence stated there were other similar situations. Nancy McGlaughlin asked what one acre of property was valued at in the Township. Chris Santay stated $75,000-$85,000.
Supervisor Spence stated they needed to check on the CREP guidelines. Picarelli stated they would look into it.
Tom Kerr, resident, asked if Pennvest didn’t come through in January what would the Township do. Supervisor Spence stated they would have to have a discussion with DEP to determine what direction to take. The project had to be affordable; it could not bankrupt the Township. Solicitor Davis stated DEP did not care what financial effect the project would have on the Township. Supervisor Spence stated the Pennvest meeting is January 22, 2008. Solicitor Davis advised that, if Pennvest did not come through with a funding offer, the commercial market be explored prior to meeting with DEP and stating the project was not economically feasible.
Sherry Turner, Pine Valley Road resident, asked within how many years the sewer system would be extended. Supervisor Spence stated that one of the reasons for building the plant on the Norman farm was so that the system could eventually be extended. Turner asked, if she ever wanted to have sewer on her property, could she ever pay for it to cross Route 30 to her property and when could she do that. Supervisor Spence stated in 10 years or maybe more.
Chris Santay stated, in a prior meeting, he was told there were no expansion capabilities to this system. Gil Picarelli stated a developer would be responsible for upgrading the system. Picarelli stated there would be some extra capacity built into the sewer plant. Santay asked if the system was going to be built with the capability of handling the Seven Stars area. Picarelli stated no, the plant was placed there so it would be easier to get to Seven Stars eventually. Nancy McGlaughlin stated Seven Stars had one of the worst polluted areas next to Cashtown. Picarelli stated according to the well samples and DEP it was ok to put Seven Stars on a 10 year plan. Santay asked what percentage extra capacity was built into system. Picarelli stated it was probably designed an extra 35-40 percent. He stated it cost very little to build it with that extra capacity.
Mr. McCleaf, Old Route 30 resident, asked when the bump in the road would be repaired in front of his house in McKnightstown. Supervisor Spence stated she would pass it on to the road crew.
Sherry Turner asked when Pine Valley Road was going to have a new road. She stated there was a hump in the middle of the road that could damage cars. Supervisor Spence stated they would discuss that.
Darrin Flake, Franklin Township resident, asked what the hookup and quarterly fees were based on, the current capacity or the maximum capacity of the system. Craig Zack, KPI Technology, stated it was based on the current capacity. Flake asked where the money was going. Zack replied it would go towards reducing the debt. Supervisor Sharrah stated the $5,000 hookup fee would go towards the construction costs. The quarterly fee would go towards the maintenance and operation of the system as well as paying off the debt. Flake asked if there was a spreadsheet detailing where the money was being applied. Sharrah stated that could not be done until the job was bid out and it was determined what it was going to cost and where they were going to get financing.
George Haines, resident, asked if there would be test drills where the lines were going to be. Craig Zack stated no, the bid would include a rock clause. It would be up to the contractor to do their own test drills.
Metha Williams, resident, asked if DEP said the Township absolutely had to do this. Supervisor Sharrah stated it would have to happen. The majority in the room may not be directly affected because of the condition of the service they currently had, but the majority of those who were in dire straits were not present. They came to the meetings early on and were ready for the sewer. Solicitor Davis stated when the Act 537 plan was submitted, he and KPI added a statement to the resolution that if the Township could not get appropriate funding to make it economically feasible that the Township would not have to go forward with this. Davis stated it went through that way. Davis stated DEP had said they could not allow Cashtown and McKnigtstown to go on as they have been. Sharrah agreed DEP was not going to let the Township get away with doing nothing at all. Nancy McGlaughlin stated she was not against the sewer entirely. She would like to see Cashtown, McKnightstown and Seven Stars with sewer. She stated what the committee was saying was give them the money, they need it.
George Haines asked how many bad sewers there were. Craig Zack stated 30 percent of what was surveyed was believed to be malfunctioning systems. Haines asked of the 348 hookups how many were malfunctioning. Zack stated they estimated 70 percent had potentially malfunctioning systems. Haines asked why these people couldn’t put in sandmounds or holding tanks. Solicitor Davis stated holding tanks as a method of sewage disposal on a large scale basis was not permitted. Also, when DEP sees an area with bad soils throughout the area they will not accept sandmounds and other types of on- site systems as alternates.
Daniel Keys voiced concerns about the contractor’s costs exceeding the bid.
Mark Grim stated he would be buying the property at the corner of Flohrs Church Road and Old Route 30. Grim asked if anyone was going to contact him regarding the easement going through this property. Secretary Killinger provided Mr. Grim with a copy of the right of way document signed by the current owners.
A resident asked if the quarterly bill was going to be fixed or based on a meter. Gil Picarelli stated it would be a fixed rate. Solicitor Davis stated it would be expensive to install all of those meters.
There being no further business to conduct meeting adjourned at 8:56 p.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer
Franklin Township, Adams County
Board of Supervisors
Regular Meeting
SUPERVISORS PRESENT: Daniel Fetter, Sandra Spence and Ed Sharrah
OTHERS PRESENT: Gil Picarelli, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/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, Daniel Fetter.
The pledge of allegiance was recited by all in unison.
APPROVAL OF MINUTES
MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve the November regular meeting minutes as pre-read by the Supervisors. Motion carried, 2-1, with Supervisor Fetter abstaining due to his absence at the November meeting.
APPROVAL OF BILL LIST #12
MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve Bill List #12, General Fund checks 26598-26664 totaling $43,672.34, State Fund check 6333 totaling $242.50, Sewer Fund checks 1148-1151 totaling $647.38 and 2006 Project Account checks 1032-1035 totaling $25,527.70. Motion carried, 3-0.
SEWAGE MODULES
MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve the sewage
module for the Eileen K. Keating estate of Plantation Road. Motion carried, 3-0.
MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve the sewage
module for James A. Pennington of New Road. Motion carried, 3-0.
MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve the sewage
module for Sherry Turner of Pine Valley Road. Motion carried, 3-0.
REPORTS
Jim Temchack, Zoning/Code Enforcement Officer, reported for the month of November he issued 4 UCnC building permits with a total construction value of $339,400.00. He issued 14 use and occupancy certificates and 1 demolition permit. Additionally, he issued 2 verbal warnings, 4 warnings concerning building/land use permit expirations and 1 stop work order. Temchack addressed complaints and concerns about the sewer project and sewer pumping, neighbors with high grass, garbage, junk and vehicles around a home, demolition of a home, septic system issues and renovation of an old home.
Supervisor Fetter read the Assistant Roadmaster’s report for November. The road crew changed oil, cleaned filters and screen in Unit #11; cleaned tar and dirt off Unit #15; replaced alternator and batteries in Unit #5; checked antifreeze in all equipment; repaired radiator leak and replace hose in Unit #10; repaired bad spot in bed of Unit #6; replaced brakes, calipers and rear wheel cylinders on Unit #6; finished putting spreaders and plows on trucks; checked lights and installed backup lights on plow trucks; cut side ditches on Winding and Boyer Nursery Roads; and hauled stone to be used as anti-skid on dirt roads.
OLD BUSINESS
Supervisor Fetter stated that there had been some comments on the Property Maintenance Ordinance. It had been advertised twice. The Supervisors did not wish to make any changes to the Ordinance as it was written.
MOTION by Supervisor Fetter, seconded by Supervisor Spence, to tentatively adopt
Ordinance 2007-03 – the Property Maintenance Ordinance for January 7, 2008 and to
authorize its advertising. Motion carried, 3-0.
MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to adopt the 2008 budget
showing no increase in taxes. Motion carried, 3-0.
NEW BUSINESS
MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to set the date for the Board
of Supervisors’ Reorganizational meeting as January 7, 2008 at 1:00p.m. with the regular
monthly meeting immediately following and to authorize its advertising. Motion carried, 3-0.
MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to request proposals for
cleaning services for the Township building and to authorize the advertisement. Motion
carried, 3-0.
The deadline for cleaning proposals will be December 27, 2007.
GUESTS
Nancy McGlaughlin, Hilltown Road resident, asked if anyone had any information on the Copenhaver property. Jim Temchack, Zoning Code Enforcement Officer, stated he put a “stop work order” on the building which the owners complied with. Temchack stated he was waiting for the owners to apply for a building permit. McGlaughlin asked about the septic system at the property. She stated she asked at the previous meeting for the issue to be looked into. Temchack stated he had never received any complaints from any of the neighbors and she should put her request in writing to Gil Picarelli.
Rob Barber, owner of the property, asked McGlaughlin if there were any questions he could answer for her. She stated for a number of years there had been an issue with the septic system on that property polluting neighboring wells. She wanted to know what was going to be done with the old system and, if the building was going to be made into apartments, what kind of system would be required. Barber responded he initially contacted the Township to ask what permits were required for a minor renovation. That renovation did not require permits. However, they later realized a more extensive renovation was necessary. They did not know they needed permits then and a “stop work order” was placed on the building. He assured her that as they progressed with the renovations, all of the Township and County rules and regulations would be followed. If the Township required a new septic system, they would put one in. McGlaughlin asked if he was aware the septic system was a problem in the neighborhood. He stated, no, they were aware the septic system was old.
Supervisor Fetter stated if anyone had any concerns or questions for the Township they should write them down. He stated it sounded like McGlaughlin was saying she had questions that were not answered and this way, if they were in writing, the Township would be better able to answer them.
Barber stated, in the Township’s defense, they were told they were out of regulations on their building, “stop work orders” were put up and Jim told them they needed to get a permit. He stated he understood why McGlaughlin was asking some questions but they were premature. He added this Township had always required him to “follow the letter of the law”. McGlaughlin stated her concern was mainly the old septic system and she asked Gil if he knew what kind of system it was. Picarelli stated no. McGlaughlin stated she asked at the previous meeting if someone could check if anything needed to be done about the old system. Picarelli asked if she knew it was polluting wells. McGlaughlin stated the neighborhood felt it was. She stated for years people had been concerned about the water coming from the Copenhaver sewage. She stated she would track down any information she could and would get documentation that neighbors were concerned. Barber asked how the SEO could track that wells were being polluted by the Copenhaver’s system. Fetter said he did not want the Township accused of falsely accusing anyone. Picarelli stated he would need to visually see a malfunction. However, he could not prove whose system was polluting the wells. Wells could be polluted from a system three doors away. Picarelli stated he never heard of a complaint about that property and he never heard of a polluted well because of that property. He said he would go out and look for a malfunctioning septic system but if there was no surface malfunction he couldn’t do anything.
Chris Santay, Misty Lane resident, asked if there was a hydraulic loading test Picarelli could do on the system. Picarelli stated DEP regulations stated if the property was worked on or moved back into within one year, you couldn’t do anything. After one year, the Township had the right to require testing.
McGlaughlin thanked Tom Kerr for his article in the Gettysburg Times.
McGlaughlin stated it was her understanding that the purpose of the sewage management ordinance, by which septic systems in the Township were to be pumped every three years, was to keep the systems viable. Solicitor Davis stated the purpose was to keep DEP happy and to keep solids from clogging the absorption area. McGlaughlin stated in 1996 when the Act 537 Phase B study was done there were three properties noted as polluting the area. One of the properties was the Cashtown Inn. McGlaughlin stated it was her perception that a “blind eye” was turned on a business that was polluting the Township openly and visually. She stated the study was from 1996 and asked if something shouldn’t have been done and how does it get corrected now. Supervisor Fetter stated it will be corrected, the Township was putting in a sewer system. The Cashtown Inn will not have to pump in accordance with the sewage management ordinance because it will be connecting to the sewer system. Fetter stated if the sewer system was not running within a reasonable amount of time, they would probably have to pump. McGlaughlin asked if pumping the system at the Cashtown Inn would solve the problem of sewage around the Post Office. Supervisor Spence stated we would be assuming that the Inn was the entire problem. Santay stated the point was that in eleven years nothing had been done to stop this. McGlaughlin asked why. The Supervisors were given the duty to ensure the fiscal management and secure the health, safety and welfare of the citizens of the Township. Supervisor Sharrah responded you could ask why something hadn’t been done about ninety percent of the properties in Cashtown within the last three decades. Sharrah stated we could gather all prior Supervisors and ask them. Sharrah stated one of the things Cashtown property owners were up against was the lack of space to put a new system on their property.
Pat Schindel, Greenridge Road resident, asked how the lane called 1395 Greenridge Road was going to be labeled. Supervisor Fetter stated the Township was going to put a street sign at the end of the lane which would read “1395 Greenridge Road A-T”. Schindel asked if the residents had to post their address at their house or along the lane. Temchack stated it must be posted at both locations.
Chris Santay asked what the date of the DEP meeting was. Supervisor Fetter responded that the Supervisors spoke with DEP representative who said, at this point, it was not in their best interest to have a meeting with the citizens. DEP representatives stated they wanted to wait until Pennvest funding was secured. Until then, if anyone had any questions they were encouraged to write a letter to DEP.
Fetter stated that, according to the Pennvest point system, the Township had 29 points for the sewer project. To be considered for Pennvest funding the Township should have 40 points. It was suggested that the Township send out another survey to determine how many malfunctioning systems were in the sewer area. This would get more points for the Township.
Fetter stated he asked DEP what would happen if the Township did not get funding. DEP responded “you will do it, we’ll make you do it and if we order you to do it you’ll gain 3 more points.” “And, we’ll start fining you $300.00 a day.” Supervisor Fetter stated the Township did not want the order. Supervisor Sharrah stated they (DEP) would be happy to sit down with the residents after funding was secured. At this time it was premature.
Nancy McGlaughlin asked what DEP wanted a survey on. Supervisor Sharrah stated they wanted to know where there was visual evidence of malfunctioning systems. McGlaughlin stated she didn’t think people would want to fill out the surveys because they were afraid of what this sewer was going to cost them. Supervisor Spence stated Paul Curry, DEP, said that. He said if people didn’t want the system they wouldn’t reply because they would think they could stop it. He said they were not going to stop it; they were going to keep it from getting funding. DEP said “the plan is the plan.”
Chris Santay suggested the Township send a letter to everyone addressing what they need to do. Supervisor Fetter stated the Township would. Supervisor Spence said the reality was that the project would not get the funding in January, so additional testing would have to be done for the next round of Pennvest applications in April. Supervisor Spence asked DEP what they were going to do to the Township if they didn’t move forward with the project. DEP stated they would work with the Township as long as they knew the Township was trying to secure funding.
Santay asked when the Township would hear the result of the January 23rd Pennvest meeting. Picarelli stated the Township would know that day.
Supervisor Spence stated they were told by Vickie Johnson, Pennvest, that money was scarce. She stated the Township was competing with municipalities throughout the state which also needed the money. Santay stated this was the same thing they were told by Moul’s, Punt’s and Platts’ offices.
Santay asked if the Township’s application was complete for the January Pennvest meeting. Picarelli stated yes, the Township was on the list.
Santay stated he felt cheated that the Supervisors secretly met with DEP. Supervisor Spence stated they didn’t. Supervisor Sharrah stated DEP wouldn’t meet publicly until they met with the Supervisors first. Sharrah stated if that was the way Santay felt about it then he felt he wasted a trip to DEP. Santay stated he was contacted by DEP with instructions which he turned over to the Township and all of a sudden he was “out of the loop.” Supervisor Spence stated the meeting was a good opportunity to have an open discussion with everyone involved in the project. It was an opportunity to talk openly. She stated if there had been a large group that wouldn’t have happened. DEP stated they were willing to meet with the citizens but right now, it was premature. Supervisor Sharrah stated DEP would want a meeting that would be productive.
Supervisor Spence stated she felt that some citizens thought the three Supervisors thought up the sewer project on their own. She said they were doing it because DEP said they had to. Paul Curry, DEP, stated at their meeting that, “no, you’re doing it because it’s the law.”
Supervisor Fetter asked DEP if the plan could be altered. He was told “the plan is the plan.”
Solicitor Davis stated there was the possibility of other funding sources. He stated in Straban Township, the Gettysburg Municipal Authority was putting in an extension of their plant. Two years ago this was estimated to be a $1 million project. They thought, this year, it would be about $1.2 million. 13 contractors responded to the bids and now the project was to be $800,000 – $900,000. Therefore, there may be other sources of funding if the bid for the Township’s project would be substantially lower than what was projected.
Supervisor Fetter asked Picarelli when the bids go out. Picarelli stated he was waiting for direction from the Supervisors. It may take a few months to get the documents in order. Fetter asked if the bids should be prepared now. Picarelli stated the Supervisors shouldn’t bid it out until they are ready. If it was bid out before they were ready and then they didn’t move forward with it, it would upset the contractors.
Supervisor Spence announced that the Township received an email from Ed Corriveau, DEP, and the citizens were welcome to read it. Supervisor Spence read excerpts from the email. “Again, please thank the Supervisors for doing the best thing for the community for the long term. We all know it would have been cheaper to have built your project years ago but the problems are not going to get any better. Eventually, like a leaky roof even newer systems would leak and need to be replaced.” The beginning of the letter read “The Township is obligated to implement its Sewage Facilities Plan otherwise; the Department will initiate further legal proceedings contra to the Township. Some of the legal proceedings include an administrative order to implement your plan, a court order, fines and penalties. Local municipal legal actions with local residents is also a possibility.” Spence also stated she had a fact sheet on the sewage facilities plan which she copied of the website.
Supervisor Fetter stated the Township would get more points for Pennvest funding if the citizens complete the surveys and point out where there were sewage problems and holding tanks.
Chris Santay asked how much of the project would Pennvest fund. Supervisor Spence stated it varies. Gil Picarelli, stated money was given out according to the point system. If a project had more points they may get offered more money. Santay asked if for example, Pennvest funded 30 percent of the project where would the remaining 70 percent come from. Supervisor Fetter stated it would have to be borrowed elsewhere.
Tom Kerr, resident, asked if the Township would get enough points from doing the surveys. Supervisor Fetter stated it was going to be close, it would look favorable. Kerr asked if there were any other ways to get points. Supervisor Fetter stated if there was commercial development coming in that would give the Township more points. Picarelli stated if Walmart or some industry would come and hire 100 employees, the project would get more points. Supervisor Sharrah stated the lowest points a project had in 2007 which received Pennvest funding was 37 points.
Chris Santay asked about contracting with septic haulers to allow them to dump their trucks at the Township’s treatment plant. Can the Township get points that way and also offset the costs? Picarelli stated he never heard of that, he could look into it. Picarelli stated most plants don’t want to take septage. It’s really hard on the plant when all of a sudden 5,000-10,000 gallons of sludge gets dumped in and throws off the bacteria.
Donna Sweesy, resident, asked if a Sheetz was going to go in along Route 30. Supervisor Fetter stated that was a rumor.
Sweesy stated she was not in favor of the sewage project because both of her septic systems work well. She said she couldn’t understand why people didn’t just have their septic systems fixed. Supervisor Fetter stated the problem was there was nowhere to put them.
Darrin Flake, resident, asked if a survey was sent out to commercial property owners along Route 30 asking what plans they had for their property. Supervisor Fetter stated the Supervisors had a meeting with owners approximately three years ago of larger parcels and asked if they were interested in buying capacity in the system. The Township received no response from these property owners.
Nancy McGlaughlin asked what was required to change zoning of a property. Solicitor Davis stated the property owner would request a zoning change of the Supervisors. The Supervisors could look at the comprehensive plan to see if it fit in or just choose to make the change. The proposal must be put in writing and sent to the Adams County Office of Planning and Development and the Franklin Township Planning Commission for review. A public hearing must be held and after the hearing the Supervisors could vote on the change.
Darrin Flake asked what the status was on the rights of way. Secretary Killinger stated we needed 40 percent yet to be signed. Flake stated he thought people who didn’t sign were going to get sued. Picarelli stated it was probably less than 40 percent now since some rights of way were no longer needed along Hilltown Road. Picarelli stated the proposed sewer line was moved out into the road more due to the electric line. Supervisor Fetter stated in response to Flake’s question, the Township does not want to sue anyone but it may come to that. Fetter asked Solicitor Davis stated if a property is taken by eminent domain, does the Township own the property then. Solicitor Davis stated, in this case, a right of way would be taken and that was what the Township would be getting. Flake asked if 100 percent of the rights of way needed to be signed before the RFPs go out. Solicitor Davis stated no.
Deb Flickinger, Hilltown Road resident, asked if they’ll be notified of which properties were affected by the change in the sewer line along Hilltown Road. Secretary Killinger stated she would be sending out letters next week.
Chris Santay asked if the rights of way for Hilltown Road that were no longer needed were recorded in the courthouse. Solicitor Davis stated no, the Township will not record any rights of way until we know the Township is going to move forward. Secretary Killinger stated if the Township would get an offer from Pennvest, the rights of way would need to be recorded prior to settlement with them.
Supervisor Fetter again mentioned that if anyone had any complaints or concerns put them in writing to the Township.
There being no further business to conduct meeting adjourned at 8:52 p.m.
Respectfully Submitted,
Lori Killinger
Office Manager/Secretary/Treasurer