Board Of Supervisors Meeting Minutes 2008

 

 
 Franklin Township, Adams County

Special Meeting – January 3, 2008

 

SUPERVISORS PRESENT:  Daniel Fetter and Sandra Spence

OTHERS PRESENT:  Lori Killinger, Office Manager/Secretary/Treasurer

 

The meeting, held at the Franklin Township Municipal Building, was called to order at 8:33 p.m. by the Chairman, Daniel Fetter.

 

The special meeting was advertised in the Gettysburg Times.  There were two guests present in the audience.

 

The meeting was scheduled to adopt Resolution 2008-02, a resolution authorizing the Township to apply for Community Development Block Grant (CDBG) money to assist income eligible property owners with hookup fees to the Cashtown/McKnightstown sewer.  Supervisor Spence read aloud the Resolution.

 

MOTION by Supervisor Spence, seconded by Supervisor Fetter, to adopt

            Resolution 2008-02, the CDBG Resolution.  Motion carried, 2-0.

 

            Daniel Keys, resident, was present to discuss the proposed property maintenance ordinance and other issues.  Keys stated the Township Supervisors and Planning Board should set an example by keeping their properties neat.  He asked how the Township was going to determine when grass was overgrown.  He indicated overgrown grass was an issue on Merry Bush’s property (Chairman of the Planning Commission).  He stated tires were an issue on Dennis Robinson’s property (Vice-Chairman of the Planning Commission).  Keys stated it seemed like this Board of Supervisors was more concerned about grass than the health and welfare of the citizens.  He explained how tires are a breeding ground for mosquitoes which carry the West Nile Virus.

Keys stated he wanted Robinson reprimanded for building without a building permit.  He also stated that people are not trusting of government.

Keys stated James Temchack, Zoning/Code Enforcement Officer, would check on parking in the area of the flea markets but he never checked on the signs in the area of Crossroads Bar and Grill.  He said you cannot prosecute one citizen and not the other.

He also complained about how the sewer situation with the Copenhaver house along Route 30 was handled.  Supervisor Fetter asked Daniel Keys to write down his complaints so that they could be properly addressed.

Keys asked Supervisor Spence about the sewer problems at the Cashtown Inn and why they had not been addressed.  She stated that properties in that area were supplied with public water and the situation would be addressed with the new sewer system.

Keys stated his point was he maintains all of his properties but he is only the banker and has so much control.  He will be coming to the meetings.  If the Supervisors don’t treat everyone equally, he stated he will file suit and he does have the money to do it.

Finally, Keys commented on the Township’s Solicitor by stating he demeans the citizens.  He said he thinks the citizens are afraid to speak at meetings because of the Solicitor.

 

Supervisor Fetter again asked Keys to write down his complaints so that they could be addressed.

 

Supervisor Fetter adjourned the special meeting at 9:00 a.m.

 

Respectfully submitted,

 

Lori J. Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Reorganizational / Regular Meeting

January 7, 2008

 

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 pledge of allegiance was recited by all in unison.

 

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to appoint Daniel Fetter as temporary Chairman.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, 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.

 

REORGANIZATION

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to elect Daniel Fetter as Chairman of the Board.  Motion carried, 3-0.

           

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to elect Sandra Spence as Vice-Chairman of the Board.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Lori Killinger as Office Manager/Secretary/Treasurer setting the wage at $18.75 per hour.  Motion carried, 3-0.

           

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to establish the Treasurer’s Bond at $600,000.  Motion carried, 3-0.

 

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to appoint Jeff Black as the Road Crew Foreman setting the wage at $16.00 per hour.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Charles Ritter, Curtis MacBeth and Eddie Pritt as full-time Road Crew employees setting the wages at $16.95, $13.79 and $13.50 respectively; to appoint Bill Singley as part-time Road Crew employee setting the wage at $13.00; to appoint Robert Kuykendall, Matthew Williams and Randall Fetter as part-time Snow Removal employees setting the wages for all at $15.00.  Motion carried, 3-0.

 

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to appoint James Temchack as the Zoning/Code Enforcement Officer setting the wage at $16.03 per hour.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Tina Williams as Assistant Secretary setting the wage at $15.00 per hour.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to appoint Stacy Degler as Office Cleaning Personnel setting the wage at $85.00 per cleaning.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Walton V. Davis as the Township Solicitor at $120 per hour.  Motion carried, 3-0.

Daniel Keys, resident, opposed.

 

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint KPI Technology as the Township’s Engineering Firm and to approve the 2008 rate schedule.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Spence, to appoint Gil Picarelli as the Sewage Enforcement Officer.  Motion carried, 3-0.

Darrin Flake, resident, opposed.

 

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Dominic Picarelli, Leah Heine and John Phelps as the alternate Sewage Enforcement Officers.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to appoint Linda McDannel as the Vacancy Board member.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Mary Lower, Henry Crushong Jr. and Matthew Williams to the Franklin Township Planning Commission for a term ending in 2011.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to appoint Wally Kane as a Municipal Authority member for another term ending in 2012. Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint William Lower Sr. as a Zoning Hearing Board member for another term ending in 2010.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Catharine Roth as an Auditor.  Motion carried, 3-0.

Supervisor Fetter announced that there were 2 vacancies on the Board of Auditors.  He stated if anyone is interested in the position they should give their names to the Secretary.

 

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, 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 Sharrah, to set the 2008 Board of Supervisors meetings for the first Thursday after the first Wednesday of each month at 7:30p.m.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to certify Sandra Spence as the State Convention Delegate and the Voting Delegate for Franklin Township.  Motion carried, 3-0.

 

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to establish the 2008 holidays observed as the same as 2007 for Township employees.  Motion carried, 3-0.

 

There being no further business to conduct, the reorganizational meeting was adjourned at 1:14 p.m. and the regular meeting was immediately called to order.

 

REGULAR MEETING

APPROVAL OF MINUTES

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve the minutes of the December meeting as pre-read by the Supervisors.  Motion carried, 3-0.

 

APPROVAL OF BILL LIST #1

MOTION  by Supervisor Spence, seconded by Supervisor Fetter, to approve Bill List #1, General Fund checks 26665-26742 totaling $66,899.31, State Fund checks 6334-6335 totaling $2,031.44, and Sewer Fund check 1152 totaling $14.25.  Motion carried, 3-0.

 

REQUEST FOR TIME EXTENSION

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to grant an     extension on the subdivision plan for Sherry L. Turner of Pine Valley Road until May 8, 2008.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to grant an extension on the subdivision plan for the Eileen K. Keating Estate of Plantation Road until March 7, 2008.  Motion carried, 3-0.

 

PRELIMINARY PLAN

Solicitor Davis stated Adams County Planning raised a zoning issue on the James A. Pennington plan.  The Adams County comments stated Section 175-21.C.3 “precludes driveways from being located within 25 feet of one another on the same property.  Existing driveway “F” and proposed driveway “G” are separated by only 10 feet, and therefore do not meet this requirement”.  Attorney David James introduced himself as representing James Pennington.  There was discussion on this issue of driveways among those involved as the plans were reviewed.

Attorney James stated it was his understanding that lots 2, 3, and 4 were going to share a driveway.  Again, there was more discussion among those involved.

Solicitor Davis stated the applicant had submitted a preliminary and a final plan.  He suggested the Supervisors could approve the preliminary plan on condition that the driveway issue was worked out and shown on a revised final plan.  Attorney James stated it made sense that a note be added to the plan stating a shared driveway was to be used.

James Pennington, applicant, stated he would not need a driveway permit because there was already an existing driveway.  Rhonda Robinson, neighboring property owner, raised concerns and indicated what they were on the plans.

Attorney James asked if they would need to get a variance to address the comment in regards to Section 175-21.C.3.  Picarelli stated with a shared driveway, access must be shown on the plan and on this plan it doesn’t meet the ordinance.  Picarelli stated the accesses could be shifted to meet the ordinance.

 

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to

             approve the preliminary subdivision plan from James A. Pennington of New  

            Road pending issues in KPI’s 11/7/07 review letter are resolved, the shared

            driveway issue is resolved and indicated on the final plan, a shared driveway     

            maintenance agreement is written and potential rights of way agreements are

            reviewed by the Solicitor.  Motion carried, 3-0.

 

FINAL

            There was an issue with the final James A. Pennington plan pertaining to speed limit.  Mr. Pennington stated Riley Redding, surveyor, had done 2 subdivisions in 2002 along New Road indicating a speed limit of 35 miles per hour.  12 driveway permits had also been issued at 35 miles per hour on New Road.  A prior Supervisor, Craig Hartley, had indicated in a file located at the Township building that the safe running speed for New Road was 35 miles per hour.  Gil Picarelli stated it was brought up at the Planning Commission meeting that this speed limit was not posted.

Solicitor Davis stated there were some things that may cause the Supervisors to get a traffic engineering firm involved.  Davis stated it used to be that the established speed limits were based upon regulations of PennDOT.  Recently, Davis stated he looked for the regulations online but discovered PennDOT had repealed all of them and that Federal Highway Standards should be used.  Davis stated the fact was that under the old regulations you had to satisfy all of the traffic and engineering study components before you could lawfully adopt an ordinance establishing speed limit.  To his knowledge, no such ordinance was ever adopted.  Now, if a speed limit was to be posted on New Road someone would have to follow the Federal standards.

Supervisor Fetter asked who was qualified to set the speed limit.  Solicitor Davis stated he didn’t know.  Picarelli stated a traffic engineer could set it.  Davis stated right now, he thinks the speed limit is 55 miles per hour on New Road.

Attorney James stated it was his understanding that Craig Hartley did a speed study on New Road in 2002 but never completed the Township’s paperwork.  He stated if it was a matter of having that documentation completed they would have the ability to do that.  He stated they were asking the Township to use the calculations from the study.  Supervisor Fetter stated Craig Hartley did do these studies for the residents when he was a Supervisor.  The Supervisors from now on were going to require the applicants to get the studies done themselves.  The study he did do was for the 500 block of New Road.  The Pennington subdivision was for the 900 block of New Road.

Supervisor Sharrah asked Solicitor Davis if because we were to follow Federal Standards now that meant that our ordinance was null and void.  Picarelli stated that the Subdivision and Land Development Ordinance states “per PennDOT standards”.  So, now if you look at the PennDOT standards it refers you to the Federal standards.  It doesn’t make the Township’s ordinance null and void.

Attorney James stated he talked to Mr. Hartley about the incomplete traffic study form for New Road.  Hartley stated he had sufficient information to complete it and would be willing to fill in the information and sign it.

Solicitor Davis stated when Mr. Pennington comes back with the final plan and it appears that they’re going to have a problem meeting the driveway permit requirements at 55 miles per hour; he’ll have to give information to the Supervisors on why the speed limit should be reduced on that road.

Supervisor Fetter asked what the Board’s responsibility is since permits and subdivisions have been approved in prior years using 35 miles per hour.  Solicitor Davis stated the general rule in Township’s is if you granted permits in error before, that does not bind you to grant permits now or in the future.

Attorney James stated he thought it was the Township’s responsibility to determine the speed limit.  Solicitor Davis stated the first thing Mr. Pennington has to determine is whether he can get a driveway permit the way the road sets right now.

Supervisor Fetter asked if the Supervisors could choose to accept the information if Craig Hartley completed the traffic study paperwork.  Solicitor Davis stated he would have to do legal research but his current opinion was no.  He didn’t think any policemen were qualified to establish speed limits that would support an ordinance.

Picarelli stated he could get Mr. Pennington an estimate to determine the speed limit from an engineering firm.

 

MOTION by Supervisor Spence, seconded by Supervisor Fetter, to table the    

            final subdivision plan for James A. Pennington of New Road.  Motion

            carried, 3-0.

 

 

PRELIMINARY/FINAL PLAN

            The Tom Kalathas land development plan was removed from the agenda as there was no one present to speak about it and there were no county comments.

 

REPORTS

Jim Temchack, Zoning/Code Enforcement Officer, reported that a zoning hearing was scheduled for Tom Kalathas.

For the month of December there were 2 UCnC building permits and 2 land use permits issued with a construction value of $18,400.00.

In addition, he issued 4 use and occupancy certificates.  Temchack issued 2 warnings on zoning issues, 3 warnings for Building/Land Use permit expirations and 1 warning for lack of a yard sale permit.  He addressed complaints on the sewer project and sewer pumping; neighbors having high grass and weeds; and neighbor’s vehicles.

Jim Temchack gave a year end report for 2007.  There were 63 UCnC building permits, 28 land use permits and 2 old style building permit renewals issued with a construction value of $4,891,800.00.

In addition, a total of 103 use and occupancy certificates, 2 temporary occupancy certificates, 9 driveway permits, 9 sign permits, 4 demolition permits, 4 home occupation permits, 13 flea market/yard sale permits and 2 sexually oriented business license were issued.  Temchack also had 2 Zoning Hearing Board applications.  He issued a total of 35 warnings, 27 warnings for U&O certificates, 32 warnings for building/land use permit expiration, 4 yard sale warnings, 3 dangerous structure warnings and 4 stop work orders.

 

Secretary Killinger reported that the Township was awarded a grant in the amount of $196,880 through Specter and Platts’ offices on the Federal Appropriations Bill.  She was told she would be hearing from the Federal Agency what necessary paperwork needed to be completed to get the money.

Killinger reported that the auditors with Stambaugh Ness would be in the office next week working on the 2007 audit.

 

Supervisor Fetter read the Road Crew Foreman’s report for December.  The road crew hauled anti-skid and mixed it with salt.  They also hauled 1B’s.  The road crew was called in for wind storms /ice storms / and snow and ice on roads.  The road crew installed an extra spring on a snow plow and maintained the trucks.  They repaired Unit #2.  Road Crew Foreman Jeff Black met with Deb Musselman and Craig Rebert from the Adams County Conservation District to discuss dirt and gravel road funding.

 

Solicitor Davis stated it was an honor and privilege to be reappointed and he thanked the Supervisors.  Gil Picarelli, KPI Technology, expressed the same sentiments.

 

Craig Zack, KPI Technology, updated the Board on the status of the Cashtown/McKnightstown sewer project.  He stated we were waiting for the Pennvest Board meeting on January 22nd.  Supervisor Spence stated she and Zack planned to attend the CDBG public hearing in the Commissioner’s office on January 9th at 9:00a.m.

 

Supervisor Fetter corrected John Messeder, Gettysburg Times reporter, on a statement made in his article following the Supervisors’ December meeting.  The article stated sewer surveys would be sent out within 1 week of the meeting.  Supervisor Fetter stated the Supervisors were still working on the surveys and had not decided when to mail them.

 

OLD BUSINESS

Daniel Keys, resident, stated he was opposed to the proposed Property Maintenance Ordinance because of what was not written in it.  He asked how high the grass would be allowed to grow and how it was going to be enforced.  Zoning/Code Enforcement Officer James Temchack stated it would be handled on a complaint basis.  If the grass was so high that rodents or snakes were becoming a problem then that’s when he would do something about it.

Mr. Keys stated his problem was with Dennis Robinson, Planning Commission member, who had hundreds of tires hidden along Route 30.  He asked if Temchack inspected that when he previously brought it to the Township’s attention.  Temchack stated he was out of town.  He stated Cumberland, York and Franklin Counties spray for West Nile Virus.  He stated he complained about the tires to the Township and the Township defended Robinson.  He stated the Township seems to be more concerned about some overgrown grass than the health and welfare of this community.  Mr. Keys thought the ordinance should be tabled and something regulating tires should be added.

In addition, Mr. Keys stated he passed Dennis Robinson’s property and he noticed Robinson was building a large shed.  He stated Robinson came to the Township after the project was started to get a building permit.  Keys stated Robinson should be dismissed.

 

Nancy McGlaughlin, resident, asked about some of the weeds covered by the ordinance.  She has some of those planted in her garden and she wondered if those were still included as noxious weeds.  Supervisor Fetter stated they were not eliminated from the ordinance.

 

Mr. Keys stated if the Supervisors enact this ordinance and do not treat everyone equal he will file suit.  Supervisor Fetter stated most situations that are acted on by the Township are the result of complaints.

 

MOTION by Supervisor Spence, seconded by Supervisor Sharrah to adopt       

            Ordinance 2008-01, the Property Maintenance Ordinance.  

            Motion carried, 3-0.

           

            Supervisor Sharrah stated it is a good ordinance.  It’s not necessary to go through Mrs. McGlaughlin’s garden to see if she has noxious weeds.  Everyone has to be realistic.  If someone has 5 or 6 foot tall weeds growing in their yard or if they haven’t mowed their yard for 3 months someone has to step in and do something.  Sharrah stated that is what this ordinance was designed for.

 

NEW BUSINESS

            Secretary Killinger stated the suggested changes for the personnel policy allow for vacation and sick leave to be earned on an accrual basis.  Supervisor Sharrah explained that a lot of businesses and organizations have shifted to a paid time off policy in which the employee is not losing any vacation time but accruing it instead.  He thought the biggest reason for this shift was for employers to protect themselves from an employee who may be on medical leave but never return and use up their vacation time instead.  This change doesn’t take anything away from the Township employees.

 

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve the changes to the personnel policy affecting vacation and sick leave.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to set the date for a public hearing on the seven year review of Agricultural Security Area #3 as March 6, 2008 at 7:15p.m. and to authorize its advertising.  Motion carried, 3-0.

 

GUESTS

Metha Williams, Cashtown resident, was present regarding the Cashtown/McKnightstown sewer project.  She stated the Supervisors need to remind the Commissioners that they are officials for Adams County not just Gettysburg.  She stated she read that the State is giving grants towards updating sewer lines for places that empty into the Chesapeake Bay.  She stated the water behind her house empties into the Chesapeake Bay and someone in the State needs to be reminded of that.  She thought the form letter the Township has for residents to send to their elected officials probably goes into their waste cans.  She said the Supervisors need to tell them that the people in Cashtown cannot shoulder this burden on their own.  Supervisor Fetter stated the Supervisors are doing everything they possibly can.  He suggested she talk to Nancy McGlaughlin after the meeting and get an update as to everything the Concerned Citizens Group has done.  He stated the Supervisors have gone down a lot of routes.

 

Nancy McGlaughlin, Hilltown Road resident, asked if the $196,880 was designated for anything.  Supervisor Sharrah stated we need to clarify that.  Secretary Killinger stated the Township applied for the money for the Cashtown/McKnightstown sewer project therefore, the money is going towards the project somehow but the Township has not been given a direction as to what specifically it could be used for.

 

Daniel Keys, resident, stated the Township was divided into 3 sewage management districts.  He said the Township has known for 14 years that the Cashtown Inn was one of the biggest polluters in Cashtown.  He said, in a prior conversation with Gil Picarelli, he asked him if every residence in Franklin Township needed to pump their septic system.  Gil responded yes.  Mr. Keys said he later came to a Township meeting and discovered that Cashtown and McKnightstown residents didn’t have to pump their systems.  Supervisor Fetter stated this area was intentionally put in District 3 because of the sewer project.  These systems will be pumped and then hooked up to the sewer at the same time.  Supervisor Fetter stated if the system was not running within a reasonable time from the pumping deadline of 2008, the Cashtown and McKnightstown residents will have to pump their septic systems.

 

Darrin Flake, resident, asked if the Township had approached Cumberland Township about hooking into their sewer system.  Gil Picarelli stated it was looked at in the Act 537 plan.  Craig Zack, KPI Technology, stated that would be too far to tear up Route 30.  In addition, he stated Cumberland has made it clear that their capacity is for Cumberland Township residents only.

 

There being no further business to conduct, meeting adjourned at 3:00 p.m.

                                                                       

Respectfully submitted,

 

Lori J. Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Regular Meeting

February 7, 2008

 

SUPERVISORS PRESENT:  Daniel Fetter, Sandra Spence and Ed Sharrah

OTHERS PRESENT:  Joe Pierce, Bond Counsel; 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 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 Sharrah, seconded by Supervisor Spence, to approve the January 3, 2008 Special Meeting minutes and the January Reorganizational and regular meeting minutes as pre-read by the Supervisors.  Motion carried, 3-0.

 

APPROVAL OF BILL LIST #2

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve Bill List #2, General Fund checks 26743-26845 totaling $208,306.77, State Fund checks 6336-6338 totaling $43,940.57, Sewer Fund checks 1153-1155 totaling $346.93 and 2006 Project Account checks 1036-1037 totaling $13,711.23.  Motion carried, 3-0.

 

PRELIMINARY/FINAL PLAN

Secretary Killinger read the Planning Commission’s comments pertaining to the Tom Kalathas land development plan.  The Planning Commission approved the plan pending corrections were made to it to remove the billboard terminology and the note regarding the wetland delineation.

            MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to

            approve the preliminary/final land development plan for Tom Kalathas of           

            Chambersburg Road pending the Planning Commission’s comments are            

            addressed.  Motion carried, 3-0.

 

REPORTS

            Jim Temchack, Zoning/Code Enforcement Officer, reported for the month of January he issued 3 UCnC building permits and 2 land use permits with a total construction value of $74,200.00.  He issued 6 use and occupancy certificates, 1 flea market/yard sale permit, 1 driveway permit and 2 sexually oriented business licenses.  Additionally, he issued 3 verbal warnings.  Temchack attended a meeting with the local building code officials and building inspectors.  Gary Shaffer was present at the meeting to discuss new ADA regulations and how they affect drawings and field inspections.  Temchack also attended a meeting at the Adams County Emergency Center and discussed new emergency operations plans required by PEMA and FEMA.

 

Secretary Killinger reported the auditors had been to the township working on the 2007 audit.  In addition, Killinger stated she was working on the 2009 Appropriations requests to be submitted to Platts, Casey and Specter’s offices.

 

Supervisor Sharrah read the Road Crewman report for January.  The road crew repaired cracks on the snow plows on units #2, #5 and #6; took units #14 and #3 for inspection; cold patched pot holes as needed; and filled pot holes with 2A on the dirt sections of B&F, Flohrs Church, Fox Hill, Jack, Poplar Springs, Ragged Edge, Newman, Pine Tree and Miltonberger Roads.  The road crew was in several times to plow and anti-skid roads.  They started brush cutting on Flohrs Church, Oak Tree, Goldenville, B&F, Belmont, Crooked Creek, Hilltown and Twin Run Roads.

 

Supervisor Fetter stated Jim Pennington brought something to his attention prior to the meeting and he wished to address it.  Mr. Pennington stated the “35 mile per hour” issue was brought up after he addressed all of the comments concerning his subdivision plan.  He maintained, according to regulations, that a police officer could do a safe running speed for a driveway permit.  He stated a safe running speed was already done in the 900 block of New Road when Dennis Bishop subdivided.  Pennington stated he should also be permitted to get a driveway permit with a safe running speed of 35 miles per hour.

Solicitor Davis reviewed the SALDO section pertaining to this issue.  It read “the prevailing speed must be considered when showing site distance on a plan for a proposed access location”.  Solicitor Davis stated it was his understating that the township did not have a prevailing speed for this section of road.  The township had a safe running speed for a different section of road.  The ordinance required prevailing speed which was the speed at which cars were actually going, not safe running speed.

Supervisor Fetter asked if the township was liable if the Supervisors approved the plan which used the 35 miles per hour safe running speed.  Solicitor Davis responded the township generally had governmental immunity but there were some exceptions, one of which had to do with streets.  He did not have it memorized and could not give a definite answer.

Supervisor Fetter stated the Board had to ask themselves what standard they were setting for the future.  Solicitor Davis reiterated that the SALDO required a prevailing speed.  If the Supervisors didn’t choose to modify that, then someone had to go out with a traffic counter and do a study.  On the other hand, the Supervisors were permitted to grant modifications to the SALDO.  If the Supervisors were to allow someone to do a safe running speed at this location, they could do it.

Supervisor Fetter asked Mr. Pennington to get a prevailing speed.

Supervisor Fetter asked what the timeline was for this plan.  Secretary Killinger stated a motion must be made on the final plan at the March meeting.

Supervisor Spence confirmed with the other Supervisors that the Board’s decision was that a police officer could get a prevailing speed and that would apply to all plans.

 

Supervisor Spence reported that she attended the York Adams Tax Bureau meeting.  She stated Lois Kashner, Director, decided against resigning.  The Tax Bureau was proceeding with plans for the new building.  Four municipalities in Adams County were pulling out of the York Adams Tax Bureau.

Supervisor Spence stated that she and Supervisor Fetter attended the Pennvest hearing on January 22, 2008 at the Governor’s mansion.  The funding offer for Franklin Township was a grant for approximately $825,000 and a loan for $6,674,000 for 30 years at one percent.  She felt the township received a great offer.  Spence spoke with Anne Stine in Senator Punt’s office.  She stated Anne really “went to bat for us”.  Anne Stine mentioned that Secretary Killinger and Craig Zack, KPI Technology, maintained contact with Vickie Johnson, Pennvest, on a regular basis and that they did a great job.

In addition, Supervisor Spence stated that the township was also awarded $133,000 in CDBG funding through the county.

Supervisor Spence stated, considering the other offers they heard at the Pennvest meeting, the people on this sewer system were given a great offer.

 

Craig Zack, KPI Technology, provided the Supervisors with a proposal from a traffic engineering service to do a speed limit study in response to their request at the January meeting.

Zack presented the Supervisors with a report on the status of the Hundredfold Farm project.

Zack updated the Supervisors on the status of the Cashtown/McKnightstown sewer project.  He stated that a motion needed to be made to accept the Pennvest funding offer.  Also, upon authorization from the Supervisors, KPI would commence with the preparation of bid documents and would target a bid advertisement date of mid March with a late April or early May bid opening.

Zack reported that correspondence was received from PennDOT regarding the Highway Occupancy Permit and the requirements to obtain its approval.  The Condition Statement needed to be signed and a letter of credit submitted in order to obtain the Highway Occupancy Permit.

KPI was continuing work on the detour plan.

Zack mentioned that efforts should me made to obtain the remaining rights of way and temporary easements required.

 

Joe Pierce, the township’s bond counsel, discussed Pennvest’s funding offer and the timeline prior to Pennvest settlement.  He stated Pennvest’s guiding principle was they want to use as much of their money as possible for construction.

Pennvest loans were user rate driven as opposed to market rate driven.  Pennvest looked at statistical information (ie. employment, average wages, tax burden on the community) to determine what an average person’s user rate should be in the area.  That was the target rate and that was how they come up with a funding offer.

Pierce stated that Pennvest required certain township representatives to take the webinar “How to Implement”.

 

OLD BUSINESS

None

 

NEW BUSINESS

            MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to    

            authorize the Secretary to accept Pennvest’s funding offer.  Motion carried, 3-0.

 

            Solicitor Davis recommended the Board of Supervisors adopt the following Resolution:

BE IT RESOLVED that the Township Solicitor is hereby authorized to commence eminent domain proceedings against the persons named on the attached list to obtain the required rights of way and easements for the construction of the Cashtown/McKnightstown sewer system.  This shall be pursuant to the Pennsylvania Eminent Domain Code, the Second Class Township Code, and any other authorizing statute. (Resolution 2008-03)

Solicitor Davis read the names of the persons who still needed to sign a right of way and easement agreement.

Supervisor Fetter stated a letter would be mailed to everyone on the list that Solicitor Davis read giving them one more opportunity to sign their agreement.

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to adopt

            Resolution 2008-03, authorizing the Solicitor to commence eminent domain      

            proceedings for the Cashtown/McKnightstown sewer project.  Motion carried, 3-0.

 

            Nancy McGlaughlin, Hilltown Road resident, asked if the bids should be submitted first prior to proceeding with eminent domain.  The bids may far exceed what the township was able to do.  Supervisor Spence stated everything must be in place to go to settlement with Pennvest.

Note: vote was retaken after the public comment.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to authorize

            the preparation of bids for the Cashtown/McKnightstown sewer project. 

            Motion carried, 3-0.

 

            Ms. McGlaughlin asked if the township could consider two kinds of bids, one for the whole project and one for the Cashtown/McKnightstown corridor, just in case the township could not manage the whole project.  Supervisor Sharrah stated DEP told the Supervisors that they had to proceed with the plan.  Ms. McGlaughlin read from page 6 of the Act 537 plan.  “Each municipality shall submit to the Department an officially adopted plan for sewage services for areas within their jurisdictions with such reasonable periods as the Department may prescribe, shall from time to time submit revisions of such plans as required by rules and regulations adopted hereunto or by the order of the Department, provided however, that a municipality may at any time initiate and submit to the Department revisions to said plans.”  McGlaughlin stated that the township was permitted to make revisions.  Solicitor Davis stated yes, but if that was done DEP would not approve it and the township would also lose this Pennvest loan.  Davis added that the township had to have closing with Pennvest within six months.  The last plan revision the township had before DEP took a year and a half to get through.  So, even if the township wanted to do a plan revision, the township would lose a wonderful loan offer.  Ms. McGlaughlin asked if the fact that DEP and Pennvest would not accept changes was anywhere in writing.  She stated that she had been told that the elementary school plant could not be considered, however, it was part of the Act 537 plan.  She had been in touch with the Gettysburg School District and they said the Gettysburg Area School system made a commitment to the taxpayers of this District and the members of the Franklin Township community where the wastewater treatment plant was designed and constructed with long term viability and possible shared use in mind.  She stated they were getting mixed messages.  Solicitor Davis stated he didn’t see any mixed messages.   Revisions were part of the overall process.  DEP told the Supervisors that a revision to reduce the amount of this project would not be accepted.  Pennvest stated, in writing, that they were lending the money based on the scope of the project submitted and it could not be changed without their consent.  He reiterated that even if the Supervisors were interested in a revision it would take a great amount of time and the township would lose this loan.

Ms. McGlaughlin asked what would happen if the bids came in far in excess of what was expected.  Solicitor Davis stated the Supervisors would determine what to do then.  Joe Pierce mentioned the following options if the bids were high: some aspects of the plan may need to change to bring the cost down; the project may be rebid; or the Supervisors may go back to Pennvest and ask for more money.  Pierce stated the contingency would have to be exceeded before any of these steps could be taken.

 

Metha Williams, Cashtown resident, asked if the engineers ever considered using the plant across from the elementary school.  Supervisor Fetter stated the engineers were directed to put the lines where the Supervisors suggested they do it.  Solicitor Davis stated in previous meetings it was explained that using the school system was considered, however, it would require the use of pump stations.  Pump stations would increase the initial cost and additional ongoing maintenance.

 

Ms. McGlaughlin stated she wanted to remind everyone of the CDBG funding.  Only 80 people out of 336 were qualified for the grant.  The money would not be given out until the last person was hooked up.  The most a person could get was 80 percent of hookup.

 

Mary Grimes, Old Route 30 resident, asked how much oversight Pennvest would have.  Joe Pierce responded Pennvest and DEP will keep close watch of every requisition that gets submitted and in addition, they will want financial audits on the system every year.  Pennvest does keep track of the financial side of the project during the construction and for the life of the loan.  DEP keeps track of the operational side and whether the system is meeting its objectives.

 

Bob Martin, resident, had a comment in regards to pump stations.  He stated, for example, a motor for a lift station running for 6 homes costs $3,500 in addition to the cost of electricity to run it.

 

            Secretary Killinger stated there were 95 property owners still required to pump their systems in sewage management district #2.

            MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to

            authorize the Solicitor to send a letter to property owners in Sewage            

            Management District #2 regarding the failure to pump their septic systems in 2007.

            Motion carried, 3-0.

 

            Solicitor Davis stated the Commonwealth of Pennsylvania was willing to collect unpaid realty transfer tax for itself and for municipalities if they had an ordinance which they approved.  Our ordinance was out of date.  Note: the existing ordinance was not being repealed.

            MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to adopt

            Ordinance 2008-02, the Realty Transfer Tax Ordinance.  Motion carried, 3-0.

 

            MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to

            exonerate the Tax Collector from uncollected real estate and per capita taxes

            for the year ending December 31, 2007.  Motion carried, 3-0.

           

            MOTION by Supervisor Spence, seconded by Supervisor Fetter, to send          

            uncollected per capita taxes to J.P. Harris.  Motion carried, 3-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint      

            Corinne Higgs to assist the Secretary as needed setting her wage at $12.50 per hour. 

            Motion carried, 3-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Kevin Nye            

            and Susan Plank as Auditors and to authorize the advertisement of the Auditors’

            Reorganizational meeting.  Motion carried, 3-0.

 

GUESTS

Larry Slicker, Lincolnview Drive resident, wanted to make the township aware of a problem with tractor trailers turning from Route 30 onto Broadway.  He stated truck traffic had increased on this road over the years.  Large trucks turning there was a safety issue and it had caused property damage.  He asked if the township could limit trucks from making that turn.  Supervisor Fetter stated they would look into it.  Solicitor Davis stated the Supervisors should contact PennDOT since the trucks were turning from a state road, Route 30, onto a township road.

 

Nancy McGlaughlin, Hilltown Road resident, stated she also had an 18 wheeler problem on Hilltown Road.  She stated the truck traffic had increased.  In addition, there was a problem with speeding car traffic from Route 30 to Hilltown Road.

Ms. McGlaughlin stated she spoke with Jeff Black, Road Crew Foreman, regarding a side ditch digging schedule for Hilltown Road.  Mr. Black stated he had no knowledge of ditch digging schedule for Hilltown Road.  Supervisor Fetter stated that they were going to be cleaning side ditches but had not come up with a schedule.  The road crew was currently working on cutting brush.

Ms. McGlaughlin mentioned that she met with Congressman Todd Platts.  She suggested to the audience that they write letters thanking Congressman Platts for his assistance in getting the $196,000 appropriations money.

 

A resident asked what the Pennvest money meant to her as a future sewer customer.  Solicitor Davis stated he hoped it meant that her sewer rentals would be lower than what they would have been if the township had to borrow from a commercial bank at four or five percent with no grant money.

The resident asked about the timeline.  Supervisor Fetter stated they hoped to break ground in August 2008.

 

Mary Grimes, Old Route 30 resident, asked about the sycamore trees on her property and how they would be affected when the sewer line went through.  She asked if there was a possibility that the sewer line could be moved across the road.  Supervisor Fetter stated they would look into it.

 

Dick Kane, Hilltown Road resident, stated he would like someone to look at where the sewer line goes through his property.  He would like the line to avoid the small shed and trees near his house.  Supervisor Fetter stated he would make sure to look at his place.

 

Tom Kerr, Flohrs Church Road resident, asked if the sewer bill was still going to be $100 per month.  Solicitor Davis stated he suspected that number would not change over the next couple of weeks based on the estimates.  The Pennvest funding and the construction bid may have an effect on that number.

Mr. Kerr stated he doubted the system would be gravity fed.  Solicitor Davis stated the township was confident it would be gravity fed.

 

Kevin Bollinger, High Street resident, asked if there was going to be a list of plumbers that could be used.  Supervisor Fetter stated they were still working on this.

 

Darrin Flake, Route 30 business owner, asked if there would be a separate authority for the sewer.  Supervisor Fetter stated once the sewer was running, the Supervisors would discuss it at that time.  Solicitor Davis stated this would also have to be approved by the people financing the project.

Mr. Flake asked if the Supervisors would send out any updates.  Supervisor Fetter stated they were planning on sending a letter.

Mr. Flake asked if the sewer could be monitored with meters so that people would pay according to what was discharged.  Supervisor Fetter stated they had to come up with a fair way for everyone.

 

Joel Riddlemoser, Flohrs Church Road, received a letter regarding a gas line that would be going through the township.  He said construction was to start in the Fall of this year.  He stated, if that was the case, there would be a lot of construction within the township.  Supervisor Spence stated she attended a meeting with Steve Nickol’s regarding this gas line.

 

Tom Kerr inquired about the septic survey that was supposed to be sent out.  Supervisor Fetter stated surveys were to be sent out to try to get Pennvest funding. However, the township did receive the funding and therefore, did not need to send the surveys.

 

There being no further business to conduct meeting adjourned at 9:30 p.m.

 

Respectfully Submitted,

Lori Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Public Hearing – March 6, 2008

 

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 purpose of the hearing was to receive comments from the public regarding Resolution 2008-01, the seven year review of Agricultural Security Area #3.

 

The hearing for the seven year review was advertised in the Gettysburg Times according to public notice and indicated that the Board of Supervisors may proceed, after hearing comments, and approve the seven year review.

 

The public hearing, held at the Franklin Township Municipal Building, was called to order at 7:15 p.m. by the Chairman, Daniel Fetter.

 

Secretary Killinger explained that since the public hearing was advertised two people had asked to be added to the agricultural security area.  Secretary Killinger had checked with Mark Clowney, Ag Land Preservation, and he had stated the additions were acceptable as long as the Board of Supervisors approved of them.  Secretary Killinger stated that for a property to be included in an agricultural security area the property must be 10 acres or it must generate a gross income of $2,000 agriculturally.  Killinger pointed out that there were 4 properties that were less than 10 acres; however, they were contiguous with other agricultural security area properties that were over 10 acres.  She stated Gary Rebert would like to include his 1.92 acre property with the fruit stand.  Mr. Rebert stated this property makes at least $2,000.  Killinger stated Mark Clowney advised her that it was ultimately the Supervisors’ decision whether to include this property in the agricultural security area.

Secretary Killinger stated that the Adams County Office of Planning and Development and the Agricultural Security Area Advisory Committee had approved the seven year review.

 

There were members in the audience.  There were no comments from the audience.

 

The public hearing was adjourned at 7:18 p.m.

 

Respectfully Submitted,

Lori Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Regular Meeting

March 6, 2008

 

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.

 

APPROVAL OF MINUTES

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, 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 Sharrah, seconded by Supervisor Spence, to approve Bill List #3, General Fund checks 26846-26920 totaling $61,159.51,  Sewer Fund checks 1156-1158 totaling $317.79 and 2006 Project Account check 1038 totaling $408.00.  Motion carried, 3-0.

 

REQUEST FOR TIME EXTENSION

            MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to grant an extension on    

            the subdivision plan for the Eileen K. Keating Estate of Plantation Road until June 6, 2008. 

            Motion carried, 3-0.

 

FINAL PLAN

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve the final

            subdivision plan for James A. Pennington of New Road pending DEP approval of the sewage

            module and Solicitor’s review of the right of way and driveway agreements. 

            Motion carried, 3-0.

 

REPORTS

            Jim Temchack, Zoning/Code Enforcement Officer, reported for the month of February he issued 7 UCnC building permits and 2 land use permits with a total construction value of $298,800.00.  He issued 2 use and occupancy certificates and 1 driveway permit.  Additionally, he issued 3 verbal warnings and 18 written warnings.  Temchack added that he spent some time notarizing sewer easement agreements and answering questions and concerns regarding the sewer project.

Supervisor Spence asked if, in cases where Jim could not attend a Planning Commission meeting, he could give input in writing in regards to the sketch plans on the agenda.

 

Secretary Killinger reported that Bob Cullison dropped off an Emergency Operations Plan and requested the Supervisors’ approval.  Supervisor Fetter asked that it be brought up at the next meeting in order to provide the Supervisors with some time to review it.

 

Supervisor Sharrah read the Road Crew Foreman report for February.  There were three occasions of ice and snow removal.  Two new chippers were delivered.  The road crew repaired and replaced some signs that were damaged or stolen; measured for drain tile that was due to be replaced; met with landowners on Blue Ribbon Road in regards to cutting back tree limbs or trees as needed for widening the road; filled potholes; cut brush in Cumberland Township; met with Rick, PENNDOT, to set up this year’s road project.  The tile was delivered.  The spreader on Unit #2 was repaired.  The oil sending unit was replaced on Unit #6.    Brush was cut along Church Road.  Unit #13 was used to repair spots on dirt roads and put down stone as needed on Poplar Springs Road, Ragged Edge Road and Jack Road.

 

Craig Zack, KPI Technology, updated the Supervisors on the status of the Cashtown/McKnightstown sewer project.  Zack reported that a tentative closing date was scheduled with Pennvest for July 17, 2008.  Secretary Killinger, bond counsel, financial advisor and himself held a conference call to discuss the tasks necessary to facilitate loan closing.

Zack was informed by DEP that the township could expect to receive its wetland permit the following week.

PennDOT indicated that, upon receipt of the township’s Condition Statement and a letter of credit, they would issue the Highway Occupancy Permit (HOP).  PennDOT suggested faxing a copy of the letter of credit to them for their review and comment to expedite approval.

Upon authorization from the Board of Supervisors, KPI would commence with the preparation of the ordinance and wastewater construction standards for timely adoption in conjunction with the township and Solicitor.

KPI had begun preparation of the contract bid documents and was currently coordinating information from sub-consultants.  Finalization of the contract documents was expected to occur the following week with a projected bid advertisement date of March 20th.

Supervisor Sharrah asked if the detour plan for the HOP application was going to be prepared prior to the PennDOT meeting on March 24th.  Craig Zack stated that by PennDOT saying the HOP would be issued shortly, they were basically stating the detour plan was ok; however, he had not received confirmation of that.  Gil Picarelli stated an addendum could always be made to the detour plan if something discussed at the March 24th meeting affected it.

 

OLD BUSINESS

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve the 7 year review

            of Agricultural Security Area #3.  Motion carried, 3-0.

 

NEW BUSINESS

            MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve the IRS mileage

            reimbursement rate of 50.5 cents per mile.  Motion carried, 3-0.  

 

            MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to approve the A/B System

            Maintenance Agreement with Randall Tenney.  Motion carried, 3-0.

 

Cashtown/McKnightstown Sewer Project

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to adopt Resolution 2008-04

            authorizing the Secretary to sign any paperwork in connection with the Highway Occupancy

            Permit (HOP) application.  Motion carried, 3-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to authorize the Secretary to

            acquire a letter of credit to be submitted with the    HOP application.  Motion carried, 3-0.

 

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to authorize the

             advertisement of construction bids.  Motion carried, 3-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to authorize preparation and

            advertisement of an ordinance concerning tapping fees and construction standards. 

            Motion carried, 3-0.

           

            MOTION by Supervisor Spence, seconded by Supervisor Fetter, to authorize the

            advertisement of the mandatory connection ordinance for adoption at the April 3, 2008 Board

            of Supervisors’ meeting.  Motion carried, 3-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to authorize the recording of

            all signed Right of Way agreements.  Motion carried, 3-0.

 

 

GUESTS

Bicky Redman and Arendtsville Mayor Hanne were present to discuss a proposed scenic byway project.  Mayor Hanne explained that in 1999 the Borough Council resolved to take down the old garage at the intersection of High Street and Main Street in Arendtsville.  The plan was to turn the property into a park recognizing Arendtsville as “the gateway to the narrows”.  Commemorative plaques would be placed around the park recognizing the historical, cultural and economic aspects of the narrows as well as the scenic beauty.  Bicky Redman came up with the idea of the scenic byways.

Ms. Redman referred to her involvement with the South Mountain Partnership which was made up of four counties working together to protect the South Mountain Area.  Redman presented the Supervisors with a manual on the Scenic Byways Program in Pennsylvania.  She stated there were no scenic byways in Adams County.  The Scenic Byways Program helped the local planning efforts and provided funding for enhancement, preservation or roadway projects along the route.  It would promote tourism in the area.  One of the biggest challenges to putting this plan into place was the restriction of signage.  The proposed scenic byway would start in Arendtsville and run up Route 234 ending at Tic Toc at the intersection of Route 30.  They were looking for the Supervisors support to implement this project.

 

Don Martin, Lincolnview Drive resident, was present to discuss a speeding concern on Lincolnview Drive.  He stated there were no speed limit signs on this road.  Supervisor Fetter stated the Supervisors would look into it.  The State would require a traffic study.

 

Nancy McGlaughlin, Hilltown Road resident, reiterated her concern about speeding on Hilltown Road.  Supervisor Fetter stated the Supervisors were checking into this problem.

Ms. McGlaughlin asked if someone was going to review the bid contracts for any issues that may arise into the project.  Solicitor Davis stated that next week a copy of the bid documents would be at the townhsip for anyone to review.

 

Joel Riddlemoser, Flohrs Church Road resident, asked if he needed a driveway permit for an entrance to his meadow.  Jim Temchack, Zoning/Code Enforcement Officer, stated any entrance to a road needed a permit.

 

Robert Fitez was present with a sketch plan for a subdivision off of Orchard Road.  His question pertained to new regulations requiring each parcel have its own right of way.  Jim Temchack, Zoning/Code Enforcement Officer, asked if Mr. Fitez could come in during office hours so that he could look at it more closely.

 

Ms. McGlaughlin stated she would like to see the Cashtown Inn problem addressed.  She submitted a written request for this.  Secondly, she provided the Supervisors with a written request to add three areas on to the sewer line.  The three areas were up Old Route 30 West to include the Cottage, all of High Street and lastly, Flohrs Church Road from Route 30 to Hilltown Road.

 

Mary Grimes, Old Route 30 resident, referred to an article in the Gettysburg Times regarding the sewer project.  She stated there was grant money mentioned in the article but never mentioned in the township meetings.  She asked for an update.  Supervisor Sharrah stated that everything that was mentioned in the article was mentioned at the last meeting.  Supervisor Spence explained to Ms. Grimes that an Appropriations grant was received through Senator Spector and Congressman Platts’ offices.

Ms. Grimes expressed concerns about the hookup fees and plumbing costs.  Supervisor Sharrah stated the fate of this sewer project was sealed in August 2005 when DEP approved the Act 537 plan.  If there were concerns, that was the time to voice them.

 

Chris Santay, Misty Lane resident, asked why Mummasburg was targeted next for sewer if confirmed contaminated wells were in Seven Stars.  Gil Picarelli responded that was what DEP required.

Mr. Santay stated it looked like there was never a good faith effort made to find a more economical means to help the people who needed the sewer and to leave the people who don’t alone.  Supervisor Sharrah asked if Mr. Santay was here in 2005.  Santay responded no.  Solicitor Davis stated he was present while the sewer was in the planning stages and the room was full people.  He stated they were in favor of it.  If you read the Act 537 plan there were alternates that were proposed, explored and rejected because they were more costly.

 

Ms. Grimes stated she had not signed her right of way agreements.  She was disappointed the Supervisors were not more economical in looking at options.  She stated she was not fighting for herself because she did not have to hook up.  Supervisor Fetter explained by Ms. Grimes not signing her right of way agreement the township would have to go through the eminent domain process which would drive up the cost of the project.  She stated she was not looking for money; she was looking for two hookups in exchange for the rights of way.

 

A resident asked if the grant money would decrease the expected $5,000 hookup fee.  Supervisor Spence explained that the $5,000 was determined based on the expectation of grant money.  Gil Picarelli, KPI Technology, stated the county had set aside approximately $400,000 in grant money for individuals who would qualify.  He stated the Supervisors had contacted all elected officials for financial assistance.  In addition, he stated the Pennvest offer was great.  Picarelli stated Pennvest had a program set up for on-site sewage system malfunctions that must be fixed.  They were low interest loans.  He said it would be worth a phone call to see if this program would assist residents with their connection fees.

 

A resident asked if there was anything else the public could do as far as getting more grant money.  Supervisor Fetter advised her to keep writing to the elected officials.

 

Deb Flickinger, Hilltown Road resident, asked where she could get more information to find out about guidelines for the low interest funding.  Secretary Killinger stated she would get some information on guidelines.

 

Darrin Flake, resident, asked when the solicitation packet was going to be approved to put out for bid and if any public comment would be taken.  Picarelli stated it would be available to bid March 20th.  A packet would be at the township building for the public to review.  Solicitor Davis stated this was not a policy matter, the construction standards did not have to be viewed by the Board.  Flake asked how they were awarding the bid: by bid amount or experience or past performance.  Solicitor Davis stated the bids would be awarded at a public session.

Mr. Flake asked if someone did not have the $5,000 would they still be connected to the system.  Solicitor Davis stated yes, they would hook up.  The township was going to pass a mandatory connection ordinance and if the principal structure was within 150 feet of the pipe it would be hooked up.

Mr. Flake asked if the sewer design was certified and guaranteed to work.  Gil Picarelli responded that DEP had approved it.

 

Joel Riddlemoser stated he thought this plan design had already been used in another area.  Craig Zack stated that was not entirely true.  He stated they were using a process that had been used extensively in Pennsylvania.  There were some things specific to Franklin Township incorporated into it.

 

There being no further business to conduct meeting adjourned at 8:48 p.m.

 

Respectfully Submitted,

Lori Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Regular Meeting

April 3, 2008

 

SUPERVISORS PRESENT:  Daniel Fetter, Sandra Spence and Ed Sharrah

OTHERS PRESENT:  Craig Zack, KPI Technology; Gil Picarelli, KPI Technology; Walton Davis, Solicitor; 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 Sharrah, seconded by Supervisor Spence, to approve the March 6, 2008 public hearing minutes and the March regular meeting minutes as pre-read by the Supervisors.  Motion carried, 3-0.

 

APPROVAL OF BILL LIST #4

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to approve Bill List #4, General Fund checks 26921-27000 totaling $76,775.57,  Sewer Fund checks 1159-1161 totaling $591.66 and 2006 Project Account checks 1039-1041 totaling $11,682.25.  Motion carried, 3-0.

 

PRELIMINARY PLAN

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve

            the preliminary subdivision plan for Robert S. Mahone of Buchanan Valley         

            Road pending KPI’s comments 1, 3, 5 and 6 are addressed. 

            Motion carried, 3-0.

 

REPORTS

            Jim Temchack, Zoning/Code Enforcement Officer, reported for the month of March he issued 4 UCnC building permits and 3 land use permits with a total construction value of $489,700.00.  He issued 7 use and occupancy certificates and 3 demolition permits.  Additionally, he issued 16 written warnings for contractors to submit updated certificates of liability, 12 notice of building permit termination letters and 10 building permit termination warning letters.  Temchack added that he spent some time notarizing sewer easement agreements.

 

Supervisor Sharrah read the Road Crew Foreman report for March.  Unit #2 had a new motor installed for the spreader.  The Tiger mower was sent to Butler Township to cut brush.  The road crew checked ditches and tiles for blockages and used the backhoe to remove trees from tiles on Bottom Road.

Jeff Black, road crew foreman, met with Pennoni Associates to review bridge inspections done in July 2007.  As a result, the township will need to put stone/rock at the base of two bridges, seal one bridge at the deck surface and replace a missing clearance marker and end treatment on one bridge.  The next inspection will be in 2009.

The road crew cut road and replaced tiles on Hilltown and Blue Ribbon Roads.  They replaced a driveway tile to help with water backing up onto Tillietown Road.  The road crew removed trees that fell on the roads during wind storms; cut brush with the Tiger mower in Tyrone Township; filled potholes; added three foot section of tile on New Road in the area of washout problems; removed and trimmed trees on Blue Ribbon Road in preparation for the road widening project; cleaned and hauled junk metal to the scrap yard; serviced Unit #8, Unit #13 and the riding mower; and opened ditches on the dirt part of Miltonberger Road, dirt part of Poplar Springs Road and Flohrs Church and Winding Roads.

 

Solicitor Walton Davis stated he reviewed a shared driveway agreement where all of the people using the driveway were to be responsible for its maintenance.  Solicitor Davis asked the Supervisors if this was fine with them or if just one person should be responsible for maintenance.  Supervisor Spence stated if they were all listed as responsible then it would be up to them to work it out.  The Supervisors agreed to the shared driveway agreement listing all of the people as responsible for its maintenance.

 

Gil Picarelli, KPI Technology, reported that he followed up on a sewer complaint against the Cashtown Inn.  He provided the Supervisors with a written report of his findings.  He stated there were no visible surface malfunctions.  He spoke with a DEP representative concerning this complaint.  Picarelli stated DEP’s main concern was whether there was any surface malfunction.  He added that there was an area against the mountainside behind the cinder block building that was wet.  This area was approximately 10 feet higher in elevation than the septic tank.  Picarelli stated it was his opinion that this was spring water.  The property owner, Jack Paladino, told Mr. Picarelli that he pumps his tanks several times a year and prior to big events.  The DEP representative was comfortable with this.  Nancy McGlaughlin, Hilltown Road resident, asked Mr. Picarelli if this site could be checked again this summer.  Picarelli stated this summer the sewer line will be going in and there will be a lot of people walking around there.

 

Craig Zack, KPI Technology, updated the Supervisors on the status of the Cashtown/McKnightstown sewer project.  The project was advertised in the Gettysburg Times on March 26th through March 28th and would also be in on April 7th through April 9th.  Twenty sets of contract documents had been purchased by prospective contractors.  Copies of all contract documents were provided to the township.  Two sets of drawings were also provided for building permit approval.  A pre-bid meeting was scheduled for April 21, 2008 at 10:00a.m. with all prospective contractors at the township building.  Gil Picarelli stated one question contractors would have was where they could make their “staging area” for parking equipment and storing supplies.  Bid opening was scheduled for May 6, 2008 at 11:00a.m. at the township building.

Zack stated he obtained the Water Obstruction and Encroachment Permit from PA DEP for the stream crossings and wetland encroachments.  A minor amendment to this permit was made.  He stated this would have to be signed by the township and returned to DEP.

MOTION by Supervisor Spence, seconded by Supervisor Fetter, to authorize

            the Secretary or any Supervisor to sign the Water Obstruction and        

            Encroachment Permit and return it to DEP.  Motion carried, 3-0.

 

Zack stated PADEP had sent him certification forms to be signed by the township as part of the Pennvest funding requirements.

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to    

            authorize the Secretary or any Supervisor to sign the certification forms. 

            Motion carried, 3-0.

 

Zack stated as part of Pennvest and EPA funding requirements, the project must meet solicitation requirements for the Disadvantaged Business Enterprise (DBE) firms. KPI was working on these and would require a township signature for submission.

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to  

            authorize the signature on the DBE forms.  Motion carried, 3-0.

 

            PennDOT had provided updated information regarding the limits of overlay and an updated “Condition Statement” to reflect the fact that the successful contractor for Contract #1 would provide the required security in the form of a “Highway Restoration and Maintenance Bond” as well as a “Certificate of Insurance”.  Upon return of the “Condition Statement”, “Highway Restoration and Maintenance Bond” and “Certificate of Insurance” the HOP would be issued listing the township as the permittee and the contractor as the co-permittee.

Supervisor Sharrah asked what the status was of the redesign for the detour plan.

Zack stated the proposed revisions were sent and he spoke with someone at PennDOT who indicated there would not be a problem with them.

KPI continued to work on the preparation of the wastewater construction standards with the township and solicitor.

 

OLD BUSINESS

            Solicitor Davis stated the Sewer Connection Ordinance amended the township’s existing sewer ordinance to expand it beyond the Poplar Springs area to include the Cashtown and McKnightstown areas and any subsequent sewer areas.

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to adopt        

            Ordinance 2008-03, the Sewer Connection Ordinance Amendment. 

            Motion carried, 3-0.

 

            Darrin Flake, resident, stated he had been to the township to review this ordinance and had not been able to since the Secretary was not in.  He asked if proposed ordinances could be posted in the future.  The Supervisors and Solicitor Davis stated the ordinance had been published in the newspaper.  Supervisor Sharrah stated in the future ordinances would be posted on the bulletin board.

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to adopt      

            Resolution 2008-05, the Emergency Operations Plan for Franklin Township.          

            Motion carried, 3-0.

 

 

            MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to    

            appoint Thomas J. Pritt as Deputy EMC for Franklin Township. 

            Motion carried, 3-0.

 

NEW BUSINESS

            Solicitor Davis commented on the proposed Special Fire Police Assistance Agreement with Greene Township and Fayetteville Volunteer Fire Department.  He stated the agreement was between Greene Township, Fayetteville Volunteer Fire Department and Franklin Township.  But if you looked at the end of the agreement, Cashtown and Buchanan Valley were to be signing it even though they were not parties to it.  Supervisor Sharrah asked if anyone was in the audience to discuss it.  Bob Cullison, EMA Director, asked if that wouldn’t already be covered under the mutual aid agreement with the fire companies.  He wasn’t aware of this agreement.

Solicitor Davis stated he checked the statutes and such an agreement was appropriate where the fire police were going to serve other areas.  He was confused why the fire companies were listed to sign but were not listed as parties to it.

Supervisor Sharrah recalled discussing this with Glenn Herring.  He was also confused by it.

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to table         

            the Special Fire Police Assistance Agreement with Greene Township and Fayetteville                

            Volunteer Fire Department.  Motion carried, 3-0.

 

GUESTS

Glen Rex was present representing the South Mountain Antique Gas Engine Club.  They were planning an Antique Tractor Parade for May 10th through Menallen and Franklin Townships.  He required permission for the parade route.  Bob Cullison, EMA, was going to handle traffic.  The parade would involve 30-40 tractors traveling 20 miles beginning and ending at the South Mountain Fairgrounds.  Mr. Rex had a paper to be signed by the township and returned to PennDOT.  They would have $1 million liability insurance covering any spectator.  Solicitor Davis advised the Supervisors that by signing the paperwork they were indemnifying PennDOT from any and all losses and they were agreeing that the township would provide all the necessary signs and/or police necessary to take care of this.  Solicitor Davis stated the Club would have to add Franklin and Menallen Townships as insured’s under their liability policy.

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to authorize   

any township official, on behalf of the township, to sign the necessary forms           

including the Pennsylvania Department of Transportation forms authorizing     

the use of both Pennsylvania and township roads for the tractor parade put            

on by the South Mountain Antique Gas Engine Club pending the Club                

provide its certificate of insurance showing the Township of Franklin as a   

named insured on a liability policy in an amount of no less than $1 million.          

Motion carried, 3-0.

 

Nancy McGlaughlin, Hilltown Road resident, asked Mr. Temchack if the two construction projects on Orrtanna Road between Cashtown and Fairfield had building permits.  Mr. Temchack stated they did, one was for a garage and one was for a house.  Ms. McGlaughlin thought the permits had to be displayed near the road.  Mr. Temchack stated they needed to be on site somewhere.

Ms. McGlaughlin asked if most of the easements were signed.  Solicitor Davis stated there were 17 left.

She asked if the school would be required to connect to this new system.  Solicitor Davis stated yes.

McGlaughlin stated she saw a report on the news regarding a new sewer system in Lancaster.  That particular township was able to get an interest free loan for the constituency.  Supervisor Spence asked where they were getting the loan.  Ms. McGlaughlin said someone could email the news channel to find out.

Ms. McGlaughlin stated she tried to call the number for the USDA and it did not work.  Deb Flickinger also tried to call the number and left a message.  No one returned her call.

 

Frank Gearhart, Village of Laurel Run, attended the prior night’s Planning Commission meeting to present their plan for a connector building.  The Planning Commission suggested Mr. Gearhart attend the Supervisors’ meeting to get some guidance on how to proceed due to the simplicity of the plan.  There would be no change in impervious area.  It would be a connector building forming a new lobby.  They got a demolition permit and took down the old pass-through area.  Mr. Gearhart stated Mr. Temchack required a land development plan for this project.  Gearhart stated in an email from Solicitor Davis to their attorney, Solicitor Davis indicated that a scaled down version would possibly be appropriate.  Gil Picarelli, KPI Technology, stated the Planning Commission thought a scaled down land development plan should be allowed.  James Temchack, Zoning/Code Enforcement Officer, agreed.

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to    

            approve the preliminary land development plan for the Village of Laurel Run pending the    

            addition of impervious area calculations and contours.  Motion carried, 3-0.

 

            Mr. Gearhart asked if the county planning office had to review the plan.  Solicitor Davis advised Gearhart to take the plan to the county planning office and let them know that the Board of Supervisors approved it as a preliminary plan.

 

A resident asked if he needed to have his septic tank pumped.  Gil Picarelli responded if he was going to connect to the sewer he did not have to pump.  Picarelli asked the resident to send back the letter he received from the township and write a note on it stating “will be connecting to sewer”.

 

Kim Petrono representing Hauser Estates Vineyard and Winery was present to discuss a change to the winery plans.  Solicitor Davis explained that the township’s ordinances required a landscaping island for every five parking spaces in a large parking lot.  Mr. Petrono consulted with Bob Sharrah, surveyor, who said that in many other townships usually landscaping islands were required for every 10 spaces.  Mr. Petrono’s concern was that, with the current ordinance requirements, buses would not fit into the parking area.  Mr. Petrono presented an ordinance which would amend the zoning ordinance and still require 10 percent minimum landscaped area in the parking lot but the landscaped islands would appear every 10 parking spaces.

Jim Temchack, Zoning/Code Enforcement Officer, mentioned that an amended land development plan would be required because of this change.  Solicitor Davis agreed.

Mr. Petrono described the progress of the winery and invited anyone to visit the site.

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to      

            authorize the proposed parking ordinance be sent for review to the Adams County Office of       

            Planning and Development and to the Planning Commission.  Motion carried, 3-0.

 

            Gil Picarelli, KPI Technology, suggested a change to the zoning ordinance regarding the open space zone and wetlands.  The way it was written, if a person wanted to subdivide they were required to delineate all of the wetlands as part of the subdivision process.  This was a huge expense.  Picarelli suggested a change be made to allow the use of the hydric soils map.

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to    

            authorize the proposed open space zone amendment be sent for review to the    

            Adams County Office of Planning and Development and to the Planning Commission. 

            Motion carried, 3-0.

 

            Darrin Flake, resident, asked if the contractor constructing the sewer system would start at one end of the township and work to the other end or would the engineers instruct them on what sections to do.  Craig Zack responded the contractor could start where he wanted.  Flake asked when digging at peoples’ individual properties would the contractor have to cover it up by the end of the day.  Zack stated yes.

Flake asked the Solicitor whether the township had the right to tax the septic system.  Solicitor Davis responded the township had the right to tax the assessed value of real estate to the extent that an appraiser puts a value on a septic system when he values the entire property.  He stated the answer was yes.

 

The owner of the commercial property at Hilltown Road and High Street stated that parcel extended over Route 30 but on the other side it was zoned agriculture.  He asked if he could do anything to get it zoned commercial.  Jim Temchack, Zoning/Code Enforcement Officer, explained that this person came in for a sign permit for the small area on the other side of Route 30 but he could not issue one because that property was zoned agriculture not commercial.  Supervisor Fetter stated the township could not “spot zone”.

 

A resident complained that she could not hear the Supervisors and asked if they could speak louder.

 

There being no further business to conduct meeting adjourned at 8:45 p.m.

 

Respectfully Submitted,

Lori Killinger

Office Manager/Secretary/Treasurer

 

 

 

Franklin Township, Adams County

Board of Supervisors

Regular Meeting

May 8, 2008

 

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

 

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 Sharrah, seconded by Supervisor Spence, to approve the 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 Sharrah, to approve Bill List #5, General Fund checks 27002-27050 totaling $55,731.76, State Fund checks 6339-6341 totaling $65,225.71, Sewer Fund checks 1162-1163 totaling $310.37 and 2006 Project Account checks 1042-1046 totaling $28,019.50.  Motion carried, 3-0. 

PRELIMINARY/FINAL PLAN

MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve

             the preliminary/final subdivision plan for Sherry Turner of Pine Valley Road    

            pending KPI’s comments are addressed and DEP approval of the sewage module. 

            Motion carried, 3-0.

 

FINAL PLANS

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the final

            subdivision plan and sewage module for Robert S. Mahone of  Buchanan Valley Road. 

            Motion carried, 3-0.         

 

            MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to approve the final land

            development plan for the Village at Laurel Run of Chambersburg Road pending approval from

            the Adams County Conservation District.

 

REPORTS

            Secretary Killinger read the Zoning/Code Enforcement Officer report for the month of April.  Jim Temchack, Zoning/Code Enforcement Officer, issued 3 UCnC building permits, 2 land use permits and 4 renewals with a total construction value of $361,320.00.  He issued 2 use and occupancy certificates, 1 temporary occupancy certificate, 2 flea market/yard sale permits, 1 driveway permit, 1 sign permit, 2 citations, and 1 home occupation permit.  Cindy Smith, acting Zoning/Code Enforcement Officer, addressed a resident’s concerns pertaining to an adjacent property with trash, noxious weeds and graffiti.

 

Supervisor Sharrah read the Road Crew Foreman report for April.  The road crew removed the plows and spreaders from all trucks; piled up 1B’s in the back lot for chipping; swept intersections to remove anti-skid; cut and chipped limbs with Butler and Tyrone Township’s assistance on Blue Ribbon Road; took care of two safety recalls on Units #2 and #9; replaced drain tile on Flohrs Church Road between Tillietown and Sunset Roads; replaced drain tile on Bingaman Road on the hill between Greenridge Road and Old Route 30; had Units #12 and #15 serviced and inspected; cut brush in areas of Bottom, Pine Tree and Newman Roads; removed boom brush mower and installed grass mower on Unit #11; cleaned out and organized upper building; replaced transport tire on steel wheel roller; cleaned drain tiles and ditches; and re-seeded areas on the hill on Mountain Road.

The roller was used on the Franklin Township Elementary School’s ball field, the field at the fire hall, the Arentsville ball field and the Mummasburg ball field.

 

Craig Zack, KPI Technology, updated the Supervisors on the status of the Cashtown/McKnightstown sewer project.  Zack stated that a pre-bid meeting was held on April 21, 2008 for all prospective contractors.  The bid opening for all three contracts occurred on May 6, 2008 at 11:00a.m.  Based on review of the bids with the Solicitor, Zack recommended that the Supervisors make a motion authorizing KPI to issue the Notice of Intent to Award for the apparent low responsible bidders for each contract.

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to authorize KPI to issue the

            Notice of Intent to Award to the low responsible bidders for each contract:

            Contract #1 – Mendon Pipeline,

            Contract #2 –  George S. Hann & Son Inc.,

            Contract #3 – I.B. Abel, Inc.             

            Motion carried, 3-0.

 

Zack stated the total contract price for the three recommended contractors was $6,681,878.  This was approximately $718,122 below the estimated construction amount of $7,400,000.

The Pennvest funding settlement date was scheduled for July 22, 2008.  After receipt of bids, consultations with bond counsel and the financial advisor took place to determine the amount of additional funding that should be secured.  Input from Pennvest was being solicited to determine what effect, if any, the total projected costs may have on their award package.

In accordance with Pennvest requirements, an executed Project Construction Phase Engineering Services Agreement was required prior to closing.  Zack recommended the Supervisors make a motion to execute the agreements.

MOTION by Supervisor Spence, seconded by Supervisor Fetter, to authorize the execution of

            the Project Construction Phase Engineering Services Agreement.  Motion carried, 3-0.

 

Zack presented the Supervisors with draft copies of the Sanitary Sewer Rules and Regulations.  He recommended a workshop be scheduled to review some of the finer points and for the purposes of finalizing them for a timely adoption.

Zack mentioned that Bonnie Holland, a McKnightstown resident, contacted him seeking permission to connect to the sewer system with a grinder pump.  Ms. Holland owns adjoining properties located at 123 Old Route 30 and 2730 Chambersburg Road.  The property at 123 Old Route 30 was obligated to connect to the sewer system.  Ms. Holland would like to connect the adjoining property with the use of a grinder pump.  Zack recommended that the Supervisors consider this request and if inclined to allow it, stipulate that it must be in accordance with the township wastewater standards.

Lastly, Zack presented the Supervisors with a tentative project schedule which indicated construction would begin on approximately August 15, 2008 and end on August 15, 2009.

 

Joe Pierce, township’s bond counsel, reported that he would be in touch with Pennvest the following day to discuss if there would be any changes in the award package.

 

OLD BUSINESS

            MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to tentatively adopt

            Ordinance 2008-04 – the Parking Amendment and Open Space Zone Amendment, to schedule a

            public hearing for June 5, 2008 at 7:00p.m. and to authorize its advertising. 

            Motion carried, 3-0.

 

            Solicitor Davis stated he reviewed the driveway maintenance agreements pertaining to the Pennington subdivision plan.

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to approve the James

            Pennington driveway maintenance agreements.  Motion carried, 3-0. 

             

NEW BUSINESS

            MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to authorize the bidding of

            the 2008 road materials and the 2008 road project and to authorize the advertising. 

            Motion carried, 3-0.

 

            Next on the agenda was the swearing in of the Cashtown Community Fire Department’s fire police.  There was discussion between the chief, other members of the fire department and the Solicitor about the proper procedure for swearing in fire police.  It was a requirement that all of the fire police be present to be sworn in and all were not present.  Supervisor Fetter stated he would come to the next fire department meeting and swear in the fire police at that time.

Anthony Herring, acting Chief of the Cashtown Community Fire Department, was present to discuss some concerns as well.  Herring read an excerpt from a state press release.  “House bills 1131, 1133 and 1134 amend various state laws to require that townships and boroughs be responsible for ensuring that fire and emergency medical services are provided within their borders and that the township or borough has the authority to determine and provide the appropriate financial and administrative assistance required to provide the services.”  Herring said the State requires all emergency personnel to wear fluorescent vests.  He added that the fire department’s budget was already over by $60,000.  Herring emphasized the commitment the department’s members make by giving a detail of the training they go through.  The firefighters go through approximately 640 total hours of training.

Another concern Herring discussed was the driveway to the Hundredfold Farm.  He stated the driveway had not been improved to what was shown in the land development plans and some of the fire equipment would not make it up the driveway.  Herring introduced Bill Jacobs, Chief of Fairfield Fire and EMS, who was present to discuss the Fire Protection Development Standards.  Jacobs mentioned different situations that made the job of the emergency personnel more difficult such as narrow driveways to wood lots and lack of turnarounds on wood lots.  He and Herring also mentioned the necessity of address markers.  Jacobs encouraged the Supervisors to formally adopt the Standards as part of the township’s land development and construction permitting process.

 

Secretary Killinger stated a resolution needed to be submitted with the grant application to the US Environmental Protection Agency authorizing her to sign the grant application.

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to adopt Resolution 2008-06

            authorizing the Secretary or any township official to sign the EPA grant paperwork. 

            Motion carried, 3-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to appoint Cindy Smith as

            acting Zoning/Code Enforcement Officer.  Motion carried, 3-0.

 

            Next on the agenda, the Supervisors were to discuss companies who provide BCO (Building Code Official) services.  This was tabled until the June meeting.

 

GUESTS

            Mike Balsley, Fayetteville Volunteer Fire Department, was present to discuss the Special Fire Police Agreement with Greene Township and Fayetteville Volunteer Fire Department.  He stated the agreement had been in existence since 1990.  He only recently amended it to cover non-emergency cases such as parades in which case the township from which the fire police came would accept liability in the case of injury.

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve the Special Fire

            Police Assistance Agreement with Greene Township and Fayetteville Volunteer Fire

            Department.  Motion carried, 3-0.

 

            Doug Ricker, Gary and Cindy Ryan, Gettysburg Mountain Campsite members, were present to discuss the recent letter from the township to all of the members of the Gettysburg Mountain Campsites.  The letter pertained to sewage concerns in the campsites and temporary versus permanent residences in the campsites.  Supervisor Sharrah stated the Supervisors would meet with all of the members on May 15, 2008 at 7:00p.m. to discuss their concerns.  The Campsite Board was responsible for letting the members know about the meeting.

 

Nancy McGlaughlin, Hilltown Road resident, announced that she had brochures on USDA funding towards hook up fees for anyone who was interested.

McGlaughlin asked Supervisor Fetter what the outcome was from the meeting with PennDOT in regards to the speeding problem on Hilltown Road.  Supervisor Fetter responded that the PennDOT representative told him to paint double lines on the road to create an illusion that made it look like a narrow road.  PennDOT also said they would put up a sign on Cashtown Road pointing trucks towards Route 30 and away from Shortcut Road to try to keep trucks from using Shortcut Road.

 

Chris Santay, Misty Lane resident, asked if the elementary school had to connect to the sewer and if they were going to disconnect from their own system.  The Supervisors responded that yes, the school had to connect to the new system.

Mr. Santay asked about a resident who inquired about using grinder pumps.  He thought the system was to be a gravity fed system.  Supervisor Fetter explained that this person’s residence was beyond the hookup area but she requested to be connected to the sewer.  He stated it was her responsibility, if she wanted to connect, to provide here own grinder pump to pump the sewage to the line.  Fetter stated no one else required the use of a grinder pump.  Santay argued that a grinder pump was going to be needed on his property to get the sewage to the main line.  Craig Zack stated they were obligated to provide first floor service.  He said Santay may have sewer coming from his basement but the engineers were only required to provide first floor service..  They were confident that everybody could get the sewage from their first floor to the line by gravity.  Zack told him to take a look at his first floor elevation, the sewer line elevation and the distance between.  Two percent would give the fall.  Santay asked what would happen if the distance was 250 feet.  Solicitor Davis stated he would not have to hook up if he had to go 250 feet.  Santay stated there was a discrepancy because where his line exited his property to get to the connection was well over 150 feet.  Davis stated if the closest point on the principle structure was within 150 feet then he was required to connect.  Santay stated the sewer wouldn’t exit his property at the closest point to the line.  Gil Picarelli stated some people would have to change where the sewer exited the house.  Santay asked where the documents were that showed where the pipe would be at his house.  Zack stated the copies were at the township building.  He asked about the specs in regards to what size pipe he needed to put in the ground.  Zack explained that they were working on those now; people were not going to have to do this for over a year from now.

 

Darrin Flake, Tillietown Road resident, stated he was reading some minutes from months prior.  In the minutes it stated DEP was going to fine the township $300 per day if it didn’t proceed with the sewer plans.  Flake asked who made that statement.  Supervisor Spence stated Ed Corriveau made the statement.

Flake had asked in the January meeting if anyone from the township ever approached Cumberland Township about hooking up to their system.  He was under the impression that this was never looked into.  He stated the minutes state that it was looked into in the 537 Plan.  Craig Zack stated yes, it was looked into in the 537 Plan.  Page 37.

 

There being no further business to conduct meeting adjourned at 9:11 p.m.

 

Respectfully Submitted,

Lori Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Board of Supervisors

Public Hearing – June 5, 2008

 

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; Cindy Smith, Zoning/Code Enforcement Officer.

 

The purpose of the hearing was to receive comments from the public regarding proposed Ordinance 2008-04, an ordinance amending the Franklin Township Code of Ordinances, Chapter 175 (Zoning), Article 4 (General Provisions), Section 175-19 (Parking), Subsection I. Interior green area, to change the section to allow 10 spaces in between interior landscaping but keeping 10 percent of the total area as interior landscaping.

The proposed ordinance also amends Subsection D.(1)(c)[1] (Adjusted tract area; Wetlands) of Section 175-11 (Open Space Zone) of Chapter 175 allowing either the use of the National Inventory of Wetlands for Pennsylvania, or allowing hydric soils with a 10 foot buffer around them, as the method of calculation of wetlands on a parent tract when a tract being subdivided does not contain any wetlands, if a request for such method is approved by the township engineer.

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.

There were members in the audience.  There were no comments from the audience.

The public hearing was adjourned at 7:05 p.m.

 

Respectfully Submitted,

 

Lori Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Board of Supervisors

Regular Meeting

June 5, 2008

 

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; Cindy Smith, 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 Sharrah, seconded by Supervisor Spence, to approve the May regular meeting minutes as pre-read by the Supervisors.  Motion carried, 3-0.

 

APPROVAL OF BILL LIST #6

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve Bill List #6, General Fund checks 27069-27143 totaling $44,407.36, State Fund checks 6342 totaling $925.45, Sewer Fund checks 1164-1166 totaling $596.47 and 2006 Project Account checks 1047-1050 totaling $55,860.90.  Motion carried, 3-0.

 

REQUEST FOR A TIME EXTENSION

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to grant the Eileen K.    

            Keating Estate an extension on their subdivision plan until September 5, 2008. 

            Motion carried, 3-0.

 

PRELIMINARY PLANS

None

 

FINAL PLANS

None

 

REPORTS

            Cindy Smith, Zoning/Code Enforcement Officer reported that for the month of May she issued 7 UCnC building permits with a total construction value of $748,000.00.  She also issued 2 flea market/yard sale permits.

 

Secretary Killinger reported that she submitted the EPA grant application for the $191,000 grant listed in the 2008 Appropriations Bill.  Killinger stated she would contact Valerie Breznicky, EPA, to see when the township would receive the money.

 

Supervisor Sharrah read the Road Crew Foreman report for May.  The road crew placed cold patch at the new drain tile on Bingaman Road; dug out a soft spot on Blue Ribbon Road and filled with millings; widened Blue Ribbon Road and milled sides; repaired the front tires on Unit #8; met with people from the Adams County Conservation District to discuss the Dirt and Gravel Road project on Miltonberger Road; cleaned ditches and removed debris at bridges on Winding and Pleasant Valley Road; graded Flohrs Church and Fox Hill Roads; swept anti-skid in a low spot on Mountain Top Estates; cut brush and weeds along guiderails on Boyers Nursery and Pleasant Valley Roads; repaired a washout on Ragged Edge Road; and cold patched where needed.

 

Solicitor Davis reported that there were two preliminary objections filed in the eminent domain takings.  He stated one was expected to be withdrawn.  The other one was going to be presented to the Court on Wednesday, June 11, 2008 at 2:00p.m.  Solicitor Davis asked Craig Zack to appear as a factual expert.

Joel Riddlemoser, Flohrs Church Road resident, asked who the person was taking the township to Court.  Davis responded Gregory (correction: Christopher) Santay and his wife of Misty Lane.

 

Craig Zack, KPI Technology, updated the Supervisors on the status of the Cashtown/McKnightstown sewer project.  Zack stated the Notices of Intent to Award were sent out and he received back the executed Performance and Payment Bonds.  Copies were sent to the Solicitor and township.  Based on the Solicitor’s review he suggested the Supervisors make a motion to accept the Performance and Payment Bonds.

MOTION by Supervisor Spence, seconded by Supervisor Fetter, to accept the Performance    

            and Payment Bonds pending any requested revisions by the Township Solicitor and subsequent

            approval of any revised submissions.  Motion carried, 3-0.

 

The Notice of Award needed to be issued within 10 days after Payment and Performance Bond approval.

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to authorize KPI Technology

            to issue the Notices of Award by June 15, 2008.  Motion carried, 3-0.

 

            Zack stated the Highway Restoration and Maintenance Bond was returned by Mendon Pipeline, Inc.  He recommended the Supervisors make a motion to execute the bond as a co-permittee.  Supervisor Sharrah asked if the detour plan was part of that and if it had been submitted as it was discussed with the Supervisors.  Zack responded yes to both questions.

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to authorize the signing and

            execution of the Highway Restoration and Maintenance Bond for return to PennDOT and to

            adopt a resolution authorizing signature on the bond.  Motion carried, 3-0.

 

            MOTION by Supervisor Spence, seconded by Supervisor Fetter, to authorize the signing and

            execution of the PennDOT Condition Statement and to authorize KPI Technology to resubmit

            the HOP application after the contractor submits their Certificate of Insurance and signed

            Condition Statement.  Motion carried, 3-0.

 

            Lastly, KPI was working on finalizing the wastewater construction standards with input from the Supervisors.

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to adopt the Wastewater

            Construction Standards Resolution pending any final requested revisions and with the

            concurrence of the Township Solicitor.  Motion carried, 3-0.

 

Gordon Walker, financial advisor, discussed the bank loan which was the fourth piece of funding for the sewer project.  The other pieces were the Pennvest loan, Pennvest grant and EPA grant.  The bank loan would be paid off in three years with the tapping fees.  Mr. Walker solicited nine banks and received responses from five: PeoplesBank, Adams County National Bank, Fulton Bank, Susquehanna Bank and PNC.  Three of the five banks gave variable rate proposals and the other two gave fixed rate proposals.  Walker stated he was recommending a fixed rate loan.  He presented the Supervisors with a summary sheet of all five proposals.  The two fixed rate proposals were submitted by PeoplesBank and Adams County National Bank.  Adams County proposed a rate of 3.5% and PeoplesBank proposed 3.53%.  However, when the difference in settlement fees was taken into account, PeoplesBank was a better deal.  Of the variable rate proposals, the cheapest one was Fulton at 55% of Prime.  He recommended the Supervisors accept the proposal from PeoplesBank.  Walker also discussed the amortization schedule.  He stated all of the proposals were very competitive.

Dan Keys, resident, suggested transferring the township’s financial business to PeoplesBank.

Gordon Walker added that he spoke with some banks about whether they would be interested in financing residents’ tapping fees.  They said they would be happy to talk to any of the homeowners.  Supervisor Fetter asked for the banks’ contact information in case any residents would ask for it.

 

Joe Pierce, bond counsel, presented proposed Ordinance 2008-05.  This Ordinance was prepared in accordance with the Local Government Unit Debt Act and it was advertised in the local newspaper.  Earlier drafts were circulated and made available for public inspection at the township building.  The Ordinance authorized township debt in the total amount of $7,874,198.  The bulk of that was the Pennvest loan at 1% in the amount of $6,674,198.  The interim bank loan through PeoplesBank was for a maximum amount of $1,200,000.  The Ordinance also authorized the acceptance of the Pennvest funding offer and accepted the bank proposal from PeoplesBank.  It authorized the issuance of the Pennvest loan for the full 30 years and the PeoplesBank loan for three years.  It also approved the acceptance of the Pennvest grant.  It authorized the officers to sign the appropriate documents with both institutions.  If the Ordinance was enacted, then it along with other legal documents required under the Local Government Unit Debt Act would be filed with the Department of Community and Economic Development for their approval.  This would be a 20 day process.  Closing for both loans was scheduled for the 22nd of July.  Pierce concluded by stating the township was pledging its full faith, credit and taxing power on both of these obligations.

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to adopt Ordinance 2008-05,

            the Debt Ordinance for the Pennvest and PeoplesBank loans.  Motion carried, 3-0.

 

OLD BUSINESS

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to adopt Resolution 2008-08

            authorizing the Township Secretary or Supervisor to sign the PennDOT bond and related

            documents pertaining to the Highway Occupancy Permit.  Motion carried, 3-0.

 

            MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to adopt Ordinance 2008-04,

            the Parking Amendment and Open Space Zone Amendment.  Motion carried, 3-0.

 

Opening of the 2008 road materials bids:

ROAD OILS:

Hammaker East LTD bid the following:

E-3                                          $2.097 gal. delivered

E-3M                                       $2.286  “      ”

LBM                                        $2.339  “      ”

Pug Mill w/operator                  $105.50/hr

Paver w/ operator                     $198.75/hr

Roller w/ operator                    $72.50/hr

Tri-axle w/ operator                  $75.00/hr

 

C.E. Williams bid the following:

Pug Mill w/operator                  $160.00/hr

Paver w/ operator                     $250.00/hr

Roller w/ operator                    $95.00/hr

Tri-axle w/ operator                  $75.00/hr

 

 

STONE:

Valley Quarries was the only bidder for stone.  They bid the following:

FOB

#67                                          $8.25 ton

#8                                            $9.25 “

#2-A                                        $6.25 “

#57                                          $8.25 “

#3                                            $8.25 “

#10                                          $8.25 “

R4                                            $12.00 “

Rip rap                                     $12.00 “

Anti-skid                                  $8.25 “

Cold patch                               $70.00 “

 

            MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to award Hammaker East

            Ltd. the 2008 emulsion bid and Valley Quarries the 2008 aggregate bid.  Motion carried, 3-0.

 

There were no bids for 2008 fuel.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to authorize the rebidding of

            2008 fuel and authorize its advertising.  Motion carried, 3-0.

 

Opening of the 2008 road project bids:

Jerry Justice Excavating bid $243,010.  C.E. Williams bid $339,995.  Leon E. Wintermyer bid $374,850.

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to reject all bids on the 2008

            Orchard Road project.  Motion carried, 3-0.

 

NEW BUSINESS

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to authorize the bidding of the

            2008 stone hauling and authorize its advertising.  Motion carried, 3-0.  

 

            Secretary Killinger explained that since Jim Temchack was out on medical leave the township did not have a BCO (Building Code Official).  The township needed a BCO to sign building permits and use and occupancy permits.  The township had received input from two companies who could provide the BCO service: MDIA and Land and Sea Services.  If the Supervisors chose Land and Sea they would need to terminate the agreement from 2004 with MDIA.  Cindy Smith, acting Zoning/Code Enforcement Officer, stated Wilbur with Land and Sea Services had been easy to contact when she had problems or questions.

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to appoint Land and Sea

            Services as the township’s BCO.  Motion carried, 3-0.

 

            MOTION by Spence, seconded by Fetter, to terminate the contract with MDIA.  Motion        

            carried, 3-0.

 

GUESTS

            Karen Shultz, resident, was present to discuss her concern about her neighbor’s dog incessant barking.  She displayed a video in which the viewer could hear her neighbor’s dog barking.  She asked if there was anything the Supervisors could do.  She approached the neighbor about the problem but they did not respond in a positive way.

Solicitor Davis explained that a similar complaint was made to the township in 2001 or 2002.  He was directed at that time to prepare an ordinance.  The ordinance he wrote covered all types of domestic pets.  It was brought before the Board and there was a lot of resistance to it.  He was then directed to write an ordinance pertaining to dogs only.  It set up a procedure in which, initially, the zoning/code enforcement officer would contact the offending dog owner with a notice to ask them to do something about the problem.  If the problem persisted, the code enforcement officer was authorized to go before the District Justice.  The revised ordinance was advertised for adoption.  It was presented.  The meeting room was three quarters full of irate people opposed to the ordinance.

Davis added that Ms. Shultz had a private right of action and she could hire her own attorney and bring action against the neighbor.

Cindy Smith, acting Zoning/Code Enforcement Officer, suggested a device she saw in a Pet Edge catalog.  The device will emit a high frequency towards a dog and stop the dog from barking.

Supervisor Fetter stated it would be costly to start the ordinance process again for something that may be strongly opposed.  He suggested Ms. Shultz get a petition signed by people who would favor a dog barking ordinance and who would come to a hearing in favor of it.

 

Joel Riddlemoser, Flohrs Church Road resident, asked why the Supervisors rejected the road project bids.  Supervisor Fetter stated they were out of budget.

 

Kevin Bollinger, High Street resident, asked if there was an approved plumber list for those who would be connecting to the sewer.  Craig Zack stated he was working on a Rules and Regulations document in which there would be a form for an electrician or plumber to complete and the township to approve.  This should be ready in one to two months.

 

Dan Keys, resident, stated the Supervisors adopted a grass ordinance recently which he was opposed to.  He asked whether PennDOT was exempt from this.  He measured the grass along Orrtanna Road and it was 28-32 inches tall.  Cindy Smith, stated Jeff Black, Road Crew Foreman, said earlier that day PennDOT started mowing.

Mr. Keys asked about a pond leaking on Pine Valley Road.  He stated he called a couple months ago concerned that the pond had collapsed and water was rushing out onto Pine Valley Road.  Supervisor Fetter stated the road crew was there working on the side ditch.  Keys stated the problem was caused by a township resident which was costing man hours from Franklin Township.  It should be that resident’s responsibility.  Keys asked if the township had any communication with the resident.  Supervisor Fetter stated no.  Keys asked on what Board this resident sits.  Supervisor Fetter responded she was on the Planning Commission.  Solicitor Davis stated, according to the Second Class Township Code, a resident was not allowed to do anything on their land which would cause water to be diverted into the township’s road right of way.  If water came onto the road from a natural source and the township’s ditches were inadequate to carry it away it would be the township’s problem.  If the ditches were in decent shape and the water was more than could be handled, the township had a right to take action to stop that.

Keys asked about a truckload of roofing material that had been dumped across from the PennDOT building on Route 30.  He asked if that was being taken care of.  Supervisor Fetter stated that property owner was aware of it.  They barricaded the property.  The property owner was not going to move the materials since that was police evidence.  Keys stated fifteen years ago someone dumped 131 tires on his property and when he called the township they said it was his problem to deal with.  Supervisor Fetter stated this person would deal with it also.

Keys stated, at a January meeting, he brought up that Dennis Robinson was building a large building along Route 30.  On February 22, Keys sent a certified letter to the Supervisors.  He asked if any action was taken on this matter.  Supervisor Spence stated there was verbal and written action taken.  Keys asked for the Supervisors’ opinion on Robinson’s storage of tires.  Supervisor Fetter stated it wasn’t a good move.  Keys asked on what Board this person sat.  Supervisor Fetter stated he was a member of the Planning Commission.

There being no further business to conduct meeting adjourned at 8:38 p.m.

 

 

Respectfully Submitted,

Lori Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Board of Supervisors

Regular Meeting

July 3, 2008

 

SUPERVISORS PRESENT:  Sandra Spence and Ed Sharrah

OTHERS PRESENT:  Craig Zack, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Cindy Smith, 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 June 5, 2008 public hearing minutes and June regular meeting minutes as pre-read by the Supervisors.  Motion carried, 2-0.

 

APPROVAL OF BILL LIST #7

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to approve Bill List #7, General Fund checks 27144-27219 totaling $42,588.31, State Fund checks 6343-6346 totaling $7,817.55, Sewer Fund checks 1167-1168 totaling $323.82 and 2006 Project Account checks 1051-1053 totaling $38,148.61.  Motion carried, 2-0.

 

PRELIMINARY PLANS

None

 

FINAL PLANS

None

 

REPORTS

            Supervisor Sharrah read the Road Crew Foreman report for June.  The road crew serviced Unit #11; cut brush at guide rails along Pleasant Valley Road bridge and Boyers Nursery Road; graded and opened ditches and drain tiles on Newman Road; made repairs to Unit #4 and Unit #8; dug out one bay of the anti-skid shed for paving; took Units #2 and #3 for state inspections; cut side ditches on Belmont, Crooked Creek, Goldenville, Hilltown, Flohrs Church and Pine Valley Roads; opened a ditch on Goldenville Road; and replaced the meter on the diesel fuel tank.

 

Craig Zack, KPI Technology, updated the Supervisors on the status of the Cashtown/McKnightstown sewer project.  Zack stated the Notices of Award were sent out to the low bidder of each contract.  They returned the executed agreements.  He recommended the Supervisors make a motion to execute the agreements.

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to execute the agreements  

            with the following contractors:

Contract #1 – Mendon Pipeline, Inc.

            Contract #2 – George S. Hann & Son, Inc.

            Contract #3 – I.B. Abel, Inc.

            Motion carried, 2-0.

 

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to authorize KPI to issue

            the Notice to Proceed for all of the contractors once all of the insurance requirements are met. 

            Motion carried, 2-0.

 

            Zack reported that a pre-construction conference was scheduled for August 4, 2008 at 9:00a.m.

Additional work needed to be done to satisfy the requirements for the Part B package of the STAG grant.

Mendon Pipeline returned and signed the Acknowledgement of Apprisal of Permit Conditions form.  Craig Zack recommended the Supervisors make a motion to execute this document and return it to PA DEP.

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to execute and return the

            Acknowledgement of Apprisal of Permit Conditions form to PA DEP with copies to the

            Pennsylvania Fish and Boat Commission and the Adams County Conservation District. 

            Motion carried, 2-0. 

 

            Zack reported that KPI and the Solicitor finalized the rules and regulations, tapping fees and sewer reservation agreements.

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to adopt the Rules and

            Regulations Resolution and the Tapping Fee Resolution.  Motion carried, 2-0.

 

OLD BUSINESS

Pennvest requires service agreements with the attorneys involved in projects that they fund with newer loans.  They mistakenly told Craig Zack that the agreements were required for the township’s loan.  Joe Pierce, Bond Counsel, told Zack that although the agreements were not needed for Pennvest, it still may not hurt to have them.

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve the legal   

            services agreements with Solicitor Walton Davis and Joe Pierce, Bond Counsel, and the

             financial advisory agreement with Gordon Walker.  Motion carried, 2-0.

 

Cindy Smith, Zoning/Code Enforcement Officer, reported that for the month of June she issued 4 building permits, 4 land use permits and 1 building permit renewal with a total construction value of $64,600.00.

She also issued 2 use and occupancy certificates, 1 flea market/yard sale permit and 1 stop work order.

She received many complaints regarding high grass.  Smith stated she worked with Solicitor Davis on creating a letter to be sent to the complainant to determine the nature of the problem.

Smith assisted a Buchanan Valley Road property owner and his attorney in obtaining a highway completion card from PennDOT.

 

Solicitor Davis stated Bob Sharrah, land surveyor, was present regarding the driveway issue at the Buchanan Valley Road property which Smith mentioned in her report.  Solicitor Davis stated the subdivision plan needed to reflect where the driveways were actually going to be located.  Davis told Sharrah that he recommended making a new coversheet and new sheet #2 that depicted the driveways’ locations to amend the original John and Hallie McFadden subdivision plan.  He didn’t see any need for this to go through the County for review.  Bob Sharrah presented the Supervisors with the new sheets and a letter describing his conversation with Dave Zuwisa, PennDOT.  Zuwisa  told Sharrah that Highway Occupancy Permits were issued for lots 13 through 16 and FM-3.  Cindy Smith, Zoning/Code Enforcement Officer, stated she had not received notice of Highway Occupancy Permits for lots 15 and 16 yet.

Solicitor Davis suggested the current property owner, Vince Cimino, sign the plans as “successor interest to John McFadden” as opposed to sending the plans to the original owners, John and Hallie McFadden, for signatures.

In conclusion, the driveways would be placed where they were originally depicted on the original John and Hallie McFadden subdivision plan and PennDOT was pleased with this.

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve the revision to

            the John and Hallie McFadden subdivision plan and to authorize the Secretary to contact the

            Adams County Office of Planning and Development for a signature on the plan without a review

            because it was a request PennDOT was insistent upon.  Motion carried, 2-0.

     

Opening of the 2008 stone hauling and fuel bids:

Carl Woerner was the only bidder for stone hauling.  He bid $2.30 per ton to haul.

            MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to award Carl Woerner the

             2008 stone hauling bid.  Motion carried, 2-0.

 

There were no bids for 2008 fuel.  This was the second time that no bids for fuel were received.  The township could purchase fuel from a supplier of the Board’s choosing.

 

NEW BUSINESS

            Next on the agenda was the PennDOT Parade Form for the Community Day Parade.  Anthony Herring, Cashtown Fire Company Chief, expressed concerns over sewer construction activities affecting Community Day.  Craig Zack, KPI, stated the contractors would likely start at the treatment plant location and work their way down.  Herring considered moving the date for Community Day.  Zack stated at the pre-construction meeting on August 4th, he would make it clear that the contractors needed to stay clear of Cashtown during this event.  Zack stated there was less than a one percent chance of this project conflicting with Community Day.

            MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to approve the PennDOT

            Parade Form for the Community Day Parade.  Motion carried, 2-0.

 

            Secretary Killinger reported that Lovette Mott called stating that the Mapping Department told her she needed to change her address.  She asked for permission to name their lane Sycamore Lane.

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve the new road

            name, “Sycamore Lane”, and to authorize the Secretary to order a new road sign. 

            Motion carried, 2-0.

 

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to authorize the Secretary

            to open a new checking account for Pennvest disbursements.  Motion carried, 2-0.

 

            Solicitor Davis presented a draft resolution pertaining to fireworks which required liability insurance and an inspection by the fire chief.  Cindy Smith, Zoning/Code Enforcement Officer, stated that the biggest issue with this resolution was the insurance required for a one day event.  The public response that Smith received was that either the insurance could not be found or that it was too expensive.

Linda Wise, resident, was present to comment on this resolution.  Ms. Wise stated that she contacted two insurance companies about getting liability insurance and neither one understood what she needed.  Chief Herring commented that he signed a fireworks form for Ms. Wise. The form stated that the purchaser was solely responsible for anything that would go wrong.  Herring stated he understood that to mean the person would not need any insurance since they were taking responsibility by signing that paper.  Solicitor Davis stated the problem was that the person whose house may be burned down hadn’t signed anything.  They would sue whoever they thought was involved including the township if it issued a permit to set off the fireworks.  Smith asked if anything could release the township from any liability.  Solicitor Davis stated that would have to be obtained from all of the possible victims.  Solicitor Davis did not understand the problem.  He gave two examples of people acquiring the necessary insurance with no problems.

Supervisor Spence asked what the reason was for this resolution.  Smith explained that the problem was, in Pennsylvania, before a person could buy fireworks, they were required to get a form signed by the township.  Smith stated she could not sign the forms because she had no ordinance or resolution to follow.  Solicitor Davis stated there was a state law which said that the township could grant permits.  The law stated that if the township granted a permit they must have liability protection in the amount of $500 or more.  The law was written in 1934.

Smith asked if the resolution could be worked on and revisited.  Supervisor Spence asked how the bond in the amount of one million dollars would be eliminated.  Solicitor Davis advised that it not be eliminated.  Smith stated that she needed some way to handle this issue when people approached her with a fireworks form to sign and legally, the township had this responsibility.  She stated she could work on it and check into insurance options.

Chief Herring reiterated that he looked at the fireworks launch pad at Ms. Wise’s property, 924 Orrtanna Road.  He told the man there that if it was extremely dry not to launch the fireworks.  He didn’t note any potential hazard.

Solicitor Davis noted to Ms. Wise that she would not be setting off the fireworks with Franklin Township’s permission.

 

           

GUESTS

            Anthony Herring, Cashtown Fire Chief, responded to Secretary Killinger’s earlier question, by stating the Cashtown Fire Department needed 25 vests.  Supervisor Spence asked if the fire department heard about the grant for which they applied.  Herring responded no.  Supervisor Sharrah asked if the fire department could turn the grant down if the township purchased the vests.  He stated yes, the grant money could not be used for anything else.

Herring reported that two juvenile boys in a green Ford Ranger were tossing fireworks out of the truck window at six locations.  The State Fire Marshall and Herring gathered evidence.  He stated it was a three hour ordeal.  Neither the truck nor the boys had been found yet.

In addition, a Trench Awareness Class was scheduled for the following Monday.  Several companies as well as the technical rescue operations team from Cumberland County were expected to attend.  He stated if something would go wrong during the construction of the sewer, the fire department could maintain the area so nothing else collapsed but they would have to wait for the trained personnel from Carlisle.

Herring announced that the National Fire Protection Building Code Standards were possibly going to be a State law.

Herring informed the Supervisors of a free NIMS ICS-100 Class on September 8 at the Adams County Training Facility from 8:30a.m. to 12:30p.m.  He stated there would also be a free HazMat Awareness Class on September 29 from 8:00a.m. to 12:00p.m.  If the Supervisors would like to send anyone they should let him know.  Supervisor Spence asked what classes were necessary to be compliant.  Herring responded he was told that anyone who rode a piece of emergency equipment and anyone who worked for the township needed to take ICS-100, 200, 500, 700 and 800.

 

Joel Riddlemoser, Flohrs Church Road resident, asked when the sewer preconstruction meeting was.  Craig Zack, KPI Technology, responded August 4th.  Riddlemoser asked if at that time the contractor would be able to give a detailed outline of when certain roads would be closed due to construction.  Riddlemoser stated he would like to see something posted on the township’s website indicating which roads were closed a week or two in advance.  Zack stated he didn’t currently have a schedule.  He said he would typically ask for one at a preconstruction meeting.  He didn’t know how detailed it would be.  He stated there was something in the contracts which required a one or two week advance notice to those citizens who would be affected by where the lines were going.  Solicitor Davis stated the contractors were required according to the Manual on Uniform Traffic Control Devices to set up detours and signs well in advance of the work.  Davis stated he thought it would be sufficient to post it on the website a couple days in advance for each road.

 

Tom Kerr, Flohrs Church Road resident, asked when video was to be taken of the properties to be affected by the sewer project.  Craig Zack responded after the Notice to Proceed which would be sometime in August or September.  The video would be time dated and stamped.

 

Darrin Flake, Tillietown Road resident, asked if the Supervisors considered financing the $5,000 hookup fees for the residents.  Supervisor Spence responded the only financing available was for low income households through the Community Development Block Grant money.  Flake stated in April he emailed the Lancaster Area Sewer Authority following a story he saw on WGAL.  The Authority emailed him that they were financing the hookup fees for their residents.  He stated he didn’t know where the Supervisors thought the people were going to get $7,000 to hookup and pay tapping fees.  He stated they should start considering how the people were going to afford this.  Solicitor Davis stated hookup will be $4,000.  Flake stated you would have to add $2,000 to that to pay to hookup.  Solicitor Davis stated he had a conversation with Joe Pierce, Bond Counsel, and Gordon Walker, Financial Advisor, who indicated that they do not encourage this kind of financing because it increases the cost of the system.  The township would have to borrow the money from somewhere to turn around and lend it to the residents.  Solicitor Davis stated that the banks that were contacted for the township bank loan were all interested in residents contacting them for loans.  Flake stated no one was going to lend $6,000 to someone without credit.  Solicitor Davis stated certainly the township wouldn’t either.  Supervisor Sharrah stated the township wouldn’t have gotten the financing from Pennvest if they wouldn’t have charged a hookup fee.  Flake asked if there was a possibility to create a fund.  For example, could $50 extra dollars be charged every time someone pumps their septic system to be entered into this fund?  Supervisor Spence stated other people throughout the township would be paying $50 to contribute to the sewer system.  Flake stated they would have to hookup eventually too.  Supervisor Sharrah responded that the township couldn’t tax a resident who wasn’t receiving service from the system to help finance the system.  Supervisor Spence again mentioned the CDBG money that was available.  Secretary Killinger stated that everyone should apply even if after looking at the income limits you think you’re not eligible.

Flake asked how much a tape costs for the tape recorder.  He asked why the tapes have to be taped over.  Solicitor Davis stated the township chose to have the minutes as the only official record.  Anyone was welcome to bring their own tape recorder.  Flake suggested improved technology such as a webcam.  Solicitor Davis stated he was welcome to bring in anything he wanted to record the meeting.  Flake stated Gettysburg Boro recorded their meetings and taped them.  Solicitor Davis responded yes, but the tapes were not given to the public and Adams County Television did the tape recording.  Flake stated if there was a question about what was said at a meeting you could go back to the tapes.  Solicitor Davis stated there would be no question because the minutes were voted on and that was the only record.  Flake stated he had a disagreement about what was said in January and now there’s no record of it.  He didn’t understand why a tape couldn’t be kept.  Solicitor Davis stated he advised the township not to do it so that there was only one official record called the minutes.  Supervisor Spence stated she thought it was working the way the township was doing it and that was how it would continue.  Supervisor Sharrah stated from what he had seen Secretary Killinger do in taking the minutes and putting them on paper, he thought the crucial parts of the meetings were recorded.  Flake added that he couldn’t review the minutes until a month later when they were approved.  Flake stated that he would pay for a technician to install a webcam so the meeting could be viewed on the internet.  Supervisor Sharrah pointed out that not everyone had a computer.  Flake stated donations could be taken to buy a computer and make it available at the township building.  Secretary Killinger pointed out that there were only four people interested in attending the meeting that evening.  She asked how many people were going to be interested in coming to the township to watch a meeting on the computer.  Supervisor Sharrah stated it was not a bad idea but the other side of it was that the Supervisors had sat in on workshop meetings looking at addressing the roads in the township.  It was a struggle to work with what money was in the budget for the roads.  He stated the township had to be careful on where they spent their general operating funds especially with the pressure that had been put on the road crew in the last 6-12 months to address quite a few roads before they were lost.  Flake asked if the computer was donated would it be something the township would agree to look into.  Sharrah stated that would be something for the Supervisors to discuss.

Craig Zack asked if he could address Mr. Flake’s first issue.  Zack stated you have to realize that most of the people who were going to hook up had been aware of the project for at least a year or two.  It was going to be another year before they were going to be required to hook up.  So they were not going to be hit with one day notice to come up with the money.  Flake stated he understood that, he just wanted to bring up the idea to see if the Supervisors wanted to check into it.

 

There being no further business to conduct meeting adjourned at 8:46 p.m.

 

 

Respectfully Submitted,

 

Lori Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Board of Supervisors

Regular Meeting

August 7, 2008

 

SUPERVISORS PRESENT:  Daniel Fetter, Sandra Spence and Ed Sharrah

OTHERS PRESENT:  Craig Zack, KPI Technology; Gil Picarell, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Cindy Smith, 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 Sharrah, seconded by Supervisor Spence, to approve the July regular meeting minutes as pre-read by the Supervisors.  Motion carried, 2-1, with Daniel Fetter abstaining because he was absent from the July meeting.

 

APPROVAL OF BILL LIST #8

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve Bill List #8, General Fund checks 27221-27319 totaling $53,266.05, State Fund checks 6347-6350 totaling $14,818.95, Sewer Fund checks 1169-1172 totaling $420.56 and 2006 Project Account checks 1054-1060 totaling $77,151.50.  Motion carried, 3-0.

 

PRELIMINARY PLAN

            MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve the preliminary

            subdivision plan and planning waiver for Harman and Linda Spence of Hilltown Road pending

            KPI’s comments are addressed.  Motion carried, 3-0.

 

REPORTS

            Cindy Smith, Zoning/Code Enforcement Officer, reported that for the month of July she issued 5 building permits and 3 land use permits with a total construction value of $588,000.00.  She also issued 7 use and occupancy certificates, 1 flea market/yard sale permit, 1 sign permit, 1 demolition permit and 1 home occupation permit.

In addition, Smith addressed a complaint in Buchanan Valley regarding a neighbor’s goat.  She also verified a resident had a building permit after receiving a complaint that building was being done without a permit.

A zoning hearing for Ernie Shriver was scheduled for August 20th.

 

Supervisor Sharrah read the Road Crew Foreman report for July.  The road crew cut side ditch on Pine Valley Road; filled low edges of Pine Valley Road with millings and prepped it for oil and chipping; installed a new tile on the dirt part of Flohrs Church Road; paved Blue Ribbon Road; installed a tile in a driveway on Green Ridge Road; installed 2 drain tiles on Church Road; filled new tile crossing with cold patch and filled potholes; put large rocks at bridge on Hickory Bridge Road and filled with 2A stone and topped with cold patch; placed rip rap at bridge abutments to prevent erosion and protect footers of bridges on Winding and Hilltown Roads; scheduled line painting for mid- September; and scheduled oil and chipping for end of August and early September.

 

Supervisor Spence reported that she attended the July York Adams Tax Bureau meeting.  She stated municipalities would be under Act 32.  All earned income tax would be paid to the municipalities on a monthly basis.  Since York Adams Tax Bureau would not be earning interest on the tax money as their compensation, municipalities would most likely pay a fee for the Tax Bureau’s services in the future.  She stated all of the Adams County municipalities that left would be forced to come back to the York Adams Tax Bureau.  Solicitor Davis stated that would only happen if the majority of the Adams County municipalities chose York Adams to be the collector.

 

Solicitor Davis reported that he signed another copy of the Solicitor’s Opinion for Pennvest closing and handed it over to Craig Zack.

 

Gil Picarelli, KPI Technology, asked if a decision was made in regards to the Gettysburg Mountain Campsites.  He stated he was looking for guidance.  Supervisor Sharrah stated it was his understanding that the Supervisors were waiting to hear back from the Campsite Board.  Picarelli stated he would wait for guidance.

 

Craig Zack, KPI Technology, updated the Supervisors on the status of the Cashtown/McKnightstown sewer project.  The Notice to Proceed for all three contracts was issued for construction to begin on August 15, 2008.  The Board of Supervisors may wish to consider a public announcement to notify those residents who would be required, and for those who may wish, to connect to the sewer system.

A pre-construction conference was held at the township building on

August 4, 2008 at 9:00a.m.  Supervisor Fetter asked if the contractors had indicated where they were going to start.  Zack stated they wanted to start near Flohrs Church Road.  He said he was given a tentative schedule which he would make available to the Board.  Picarelli warned the Supervisors that this schedule could change and if it was to be posted at the township building they should post a note next to it stating the schedule may change at any time.  Zack stated Mendon Pipeline would be doing some clearing and cutting roads before they started digging.

Joel Riddlemoser expressed concern over the construction start date being near the time that school would resume.  He stated the schools should be notified of the schedule.  Supervisor Sharrah pointed out that the only disruption to traffic would be on High Street.  Craig Zack stated the contractor was required to notify residents who would be affected by the digging two weeks ahead of time.  Supervisor Sharrah stated they should also forward that to the Secretary who could forward it to the school district.  Zack stated that was discussed at the pre-construction meeting where Bob Cullision was present representing the school district.

Zack reported that the contractors required a Pennsylvania Exemption Certificate which would exempt their purchases for this project from local and state taxes.

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to authorize the Secretary to

            sign the Pennsylvania Exemption Certificate for all contractors involved in the            

            Cashtown/McKnightstown Sewer System.  Motion carried, 3-0.

           

Zack reported that closing on the interim financing loan took place on July 22, 2008.  Closing on the Pennvest loan scheduled for July 22 was postponed due to issues associated with the EPA STAG grant and was rescheduled for August 12, 2008.  As soon as that loan closed, work would begin on a reimbursement for some of the money already spent.

Zack stated he was still working on the Part B package of the STAG grant.

Per Adams County Conservation District requirements, an E&S pre-construction conference was held today with both Contractor #1 and Contractor #2.  In addition, both contractors returned and signed the co-permittee application and agreement.

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to execute and return the

            co-permittee agreements to the Adams County Conservation District.  Motion carried, 3-0.

 

OLD BUSINESS

None

 

NEW BUSINESS

            Secretary Killinger spoke in regards to the procedures to handle sewer customers who were in arrears.  Killinger explained that currently two customers on the Poplar Springs sandmound system had not made any payments for awhile.  The current procedure was to notify the customer several times that they had an overdue balance and then to turn them over to the Magistrate.  The Magistrate would judge in the township’s favor and then Killinger would file the judgment with the Prothonotary’s office.  Solicitor Davis explained that with the current system that was being followed, there may be other liens that were already filed and were therefore, superior to the Magistrate’s judgment.

An alternative option would be to use the Municipal Lien process.  This process would involve Davis’ services.  The nice thing about the Municipal Lien process was that the municipal lien would take priority over other liens.  Another nice thing was that sometimes when a mortgage lender finds out that there’s a municipal lien, the mortgage lender will pay the money because they don’t want to lose their lien position on the property.  Secretary Killinger asked if it was legal to pass on the legal fees incurred through this process to the customer.  Solicitor Davis stated yes, he believed so.  He stated nothing had to be decided this night.

 

Supervisor Fetter asked when could the township start collecting money from the Cashtown/McKnigtstown sewer customers if they wished to pay ahead.  Craig Zack stated the township was not obligated to charge anyone until the system was ready and capable of accepting flow.  It would be up to the Supervisors if they wanted to allow a payment plan.  Solicitor Davis stated there would have to be a clear understanding of whether or not the money was going to earn interest, and if it did earn interest whose number would go on it for tax purposes.  Davis stated it could be very complicated and would make more bookwork for the township staff.  Davis stated he was sure the same banks that were interested in talking to people about loans for connection fees would also be interested in starting savings accounts for people.

           

GUESTS

            Bobbi Jo Barber, owner of Crossroads Grill, asked if there was going to be access for her customers to her restaurant throughout the sewer construction.  Craig Zack explained that the detour for High Street would be at Crossroads Grill and there would still be access to the restaurant.  When the construction crew moved down Hilltown Road there may be minor disruptions inhibiting access to the Crossroads parking area.  She stated her concern was being notified when that time comes.  She stated she would like to be able to put a temporary directional sign on Hilltown Road.  Zack reiterated that the contractors were required to notify everyone affected ahead of time.  Zack stated there may be one day where no one could access the restaurant.  Barber stated she was fine with that as long as she knew it ahead of time.

 

Darrin Flake, Tillietown Road resident, asked where the contract was for document preparation and contract management.  Craig Zack responded there was a contract agreement with KPI Technology for inspection and oversight.  Flake asked if that was ever voted on.  Zack responded yes a few months ago, it was a requirement for Pennvest.  Flake asked if there was a copy available.  Solicitor Davis stated it would be available at the township and at the Pennvest office.  Flake asked what the cost was of the proposal.  Zack responded approximately $400,000.

Flake stated he noticed Cumberland Township just passed a noise ordinance.  He asked if Franklin Township was looking into the same thing.  Supervisor Fetter responded not at this point in time.  Flake asked why.  Supervisor Fetter responded that Flake just mentioned it and that the Supervisors could discuss it.

Flake reminded the Supervisors of his earlier recommendation at the July 3, 2008 meeting to have the meetings on webcast.  Supervisor Fetter stating the Supervisors were still discussing it.

 

Clair Sites, Cashtown Road property owner, was present to ask if he could build on a lot which was created in 1989.  He presented the Supervisors with a copy of the subdivision plan which he had showed to the Planning Commission the night before.  He stated he had it perked back when the lot was created.  He asked if he would have to get it perked again.  Supervisor Fetter asked Sites if he asked the Planning Commission for their opinion on the note that was on the plan which stated the lot was for hunting or forestry purposes.  Cindy Smith, Zoning/Code Enforcement Officer, stated the Planning Commission did not see why it could not be used as a building lot provided that it perked.  She added that the Planning Commission wanted the driveway to be clearly marked. Solicitor Davis stated he and Smith spent a lot of time discussing this.  He stated the driveway appeared to be at least three-quarters of a mile long on the plan.  He stated that did not comport with anything in the current ordinance books.  It was not wide enough and it was too long.  Solicitor Davis did not think that Smith had the authority to say she would give a building permit if the lot perked because that subdivision plan was passed with a very thin narrow right of way with a note stating the property was for hunting/forestry purposes.  He thought the decision should be up to the Board of Supervisors to allow a residence to go at the end of the narrow drive.  If the Board said yes, a new plan should be drawn showing it could be a building lot and showing perc tests.  Davis stated Sites should also get some type of release and indemnification so that he would not be held liable for approving a residence to go at the end of a three-quarter mile long narrow driveway.  Supervisor Sharrah brought up that there was a discrepancy between what Mr. Sites said the width of the right-a-way was and what the plan showed the width was.  Gil Picarelli, KPI Technology, stated the perc tests on file were no good.  It was no longer possible to find them and there were no documented measurements.  The documents in the sewage file for the property did not follow DEP criteria.  In addition, Sites would have to do a planning module.  Solicitor Davis stated the most expensive part of the process would be for Mr. Sites to hire a consultant to redraw the plan and to do the module work.  The least expensive part would be to find out if PennDOT would issue a driveway permit.  The next least expensive part would be to get perc testing done.  Davis advised that Mr. Sites first go to PennDOT and ask for a driveway permit.  Then, get the perc tests done.  Following that, he advised Mr. Sites to come back to the Supervisors and ask if they would approve the lot as a building lot.  Then, he could proceed to the next step of hiring a consultant.  There was a progression Mr. Sites could go through so he wouldn’t spend thousands of dollars only to find out he had wasted his money.

 

Gary Ryan, Gettysburg Mountain Campsite resident, asked if he could put a utility shed on his lot.  Supervisor Fetter stated he would need to talk to the Zoning Officer in regards to that.

 

Nancy McGlaughlin, Hilltown Road resident, asked if the sewer project was on schedule and what was the next step.  Supervisor Fetter responded that the project was on schedule and that digging would start in the next couple of weeks.  McGlaughlin asked if they were going to construct the treatment plant first.  Supervisor Fetter responded they would be working in many areas.

McGlaughlin expressed concern over the residents of Hilltown Road being able to get to and from their properties during construction.  Craig Zack, KPI Technology, responded that residents may be temporarily inconvenienced for a day or so.  He reiterated that the contractors will notify the residents prior to digging near their properties.

 

There being no further business to conduct meeting adjourned at 8:26 p.m.

 

 

Respectfully Submitted,

 

Lori Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Board of Supervisors

Special Meeting – August 18, 2008

 

SUPERVISORS PRESENT:  Daniel Fetter and Sandra Spence

OTHERS PRESENT:  Lori Killinger, Office Manager/Secretary/Treasurer

 

The meeting, held at the Franklin Township Municipal Building, was called to order at 8:35 p.m. by the Chairman, Daniel Fetter.

 

The special meeting was advertised in the Gettysburg Times.  There were no guests present in the audience.

 

The meeting was scheduled to discuss the bidding of the Orchard Road project and stone hauling.

 

MOTION by Supervisor Spence, seconded by Supervisor Fetter, to rescind the July 3, 2008

            motion to award the 2008 stone hauling bid based on a change in circumstances. 

            Motion carried, 2-0.

 

MOTION by Supervisor Spence, seconded by Supervisor Fetter, to authorize the rebidding of

            2008 stone hauling and the bidding the Orchard Road project, and to authorize their

            advertising.   Motion carried, 2-0.

 

            Supervisor Fetter adjourned the special meeting at 8:38 a.m.

 

Respectfully submitted,

 

Lori J. Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Board of Supervisors

Regular Meeting

September 4, 2008

 

SUPERVISORS PRESENT:  Daniel Fetter, Sandra Spence and Ed Sharrah

OTHERS PRESENT:  Craig Zack, KPI Technology; Gil Picarell, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Cindy Smith, 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 Sharrah, seconded by Supervisor Spence, to approve the August regular meeting minutes and August 18, 2008 special meeting minutes as pre-read by the Supervisors.  Motion carried, 3-0.

 

APPROVAL OF BILL LIST #9

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve Bill List #9, General Fund checks 27320-27363 totaling $53,106.84, State Fund check 6351 totaling $875.96, Sewer Fund checks 1173-1175 totaling $361.77 and 2006 Project Account checks 1061-1062 totaling $13,145.90 .  Motion carried, 3-0.

 

REQUEST FOR TIME EXTENSION

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve a time extension   

            for the Eileen K. Keating Estate subdivision plan until December 5, 2008.  Motion carried, 3-0.

 

PRELIMINARY/FINAL PLAN

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the

            preliminary/final subdivision plan for David F. Kuhn of Old Route 30.  Motion carried, 3-0.

 

REPORTS

            Cindy Smith, Zoning/Code Enforcement Officer, reported that for the month of August she issued 6 building permits and 1 renewal with a total construction value of $655,000.00.  She also issued 2 use and occupancy certificates, 2 flea market/yard sale permits, 1 sign permit and 1 home occupation permit.

She received an application for a special exception to use the property at 3500 Chambersburg Road as an auto repair and restoration shop.

Smith reported that the Zoning Hearing Board denied the variance requested by Ernie Shriver.

Smith and Wilbur Slothour, BCO, met with Bill Mellors, Department of Labor and Industry, for a required audit of all completed commercial projects since the last audit in September 2006.  Results from the audit should be available in mid-September.

In cooperation with the local fire departments, the township conducted a mass mailing to remind residents of the ordinance which required property locations to be numbered.  Reflective signs will be available for purchase at Cashtown Community Days.

Supervisor Fetter asked why a special exception was required in the commercial zone to have an auto repair and restoration shop.  Smith stated they were required in that zone to get a special exception for this use.  Solicitor Davis stated it was required because the Supervisors adopted an ordinance stating so.

 

Secretary Killinger reported that she was notified by FEMA that the township was required to update its flood ordinance.  Solicitor Davis stated some amendments were required for the existing flood regulations.  He stated it seemed that there were more flood classifications than we had before.  In addition, there was some language that the Department of Community and Economic Development would like to see in all municipalities’ flood ordinances.  If the township did not approve an amendment to the current flood ordinance by February 2009 it could mean that flood insurance would not be attainable.

 

Supervisor Sharrah read the Road Crew Foreman report for August.  The road crew replaced stop sign posts at the Bingaman and Green Ridge Road intersection, Hilltown and Fairview Fruit Road intersection and on Hilltown Road; cut brush and weeds along guide rails on Old Route 30, Tillietown Road and Pleasant Valley Road; installed rip rap at inlet and outlet ends of tile on Pleasant Valley Road; filled tile crossings on Railroad Lane, Hilltown Road, Goldenville Road and Church Road; installed new skid shoe on Unit #11; installed new ‘NO OUTLET’ sign in Mountain Top Estates above the intersection to the cul-de-sac in response to a traffic complaint; replaced a wiring harness on Unit #4; installed new blades on Unit #11; assisted Butler Township with oil and chipping; installed ‘Sycamore Drive” road sign; serviced Units #11 and #4; cut side ditch on Tillietown Road and started along Seven Stars Road; installed new posts at Broadway and Old Route 30 and also at Broadway and Chambersburg Road; installed new stop sign at Broadway and Lincoln View Drive; installed delineator stakes at Broadway and Chambersburg Road intersection in response to a traffic complaint; took Unit #6 for inspection; swept the roads to be painted; installed new chippers on Units #12 and #15; replaced steering stabilizer on Unit #2; sent Unit #8 to get an estimate for repair; installed markers at the tiles on Crooked Creek, Belmont, Goldenville and Hilltown Roads; and filled edges and low spots with cold patch where needed in preparation for oil and chipping.

 

Gil Picarelli, KPI Technology, mentioned that he read that the price for macadam and tar had doubled in the past 6 months.  Solicitor Davis stated if the price was going to end up being 50 percent more than the bid price the contractor was required to notify the municipality prior to starting a project.  Davis advised that if the township had a project to be started, the Supervisors may want to call first to see if the price was expected to fluctuate.

Picarelli stated that a court decided repaving was not maintenance and Liquid Fuels money could not be used for that.  Davis stated a lot of what municipalities referred to as repair and maintenance was now deemed new construction.  PennDOT now says if these projects are attempted without using prevailing wage Liquid Fuels cannot be used.

 

Craig Zack, KPI Technology, updated the Supervisors on the status of the Cashtown/McKnightstown sewer project.  The official start date for the contractors was August 15, 2008.  Construction had begun on the wastewater collection system and the wastewater treatment facility.  The work had primarily consisted of clearing and grubbing, installation of outfall piping and sewer piping in the vicinity of the treatment facility and preliminary foundation excavation and installation of the access driveway.  KPI had staked out the sewer line, right of way and temporary easements for the contractor.

Zack suggested the Supervisors post the Sewer Rules and Regulations on the township website.  He also suggested the township solicit contractors for the approved plumbers list.

A permit application should be provided to those residents who had requested to hook up to the system but were not required.

Some rock was encountered in the sewer line installation and at the treatment facility.  Blasting would be required.  The contractor was required by state law to notify all residents within 200 feet of the blast zone.  There were no homes within that radius however, the contractor had notified 3 adjoining property owners and had done a pre-blast survey.

Med-Ed contacted KPI regarding the electrical service line to the treatment facility.  They recommended burial of the line.  Zack got estimates to do that.  George S. Hann and Son gave the best estimate.  Zack noted that this money was originally budgeted for Met-Ed to do the work but once they decided to bury the line it was determined that a general contractor could do the work.

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve change order #1

            for Contract 2 in the amount of $25,087.80.  Motion carried, 3-0.

 

            The Highway Restoration and Maintenance Bond was revised and submitted to PennDOT after PennDOT determined that the original bond was inadequate because it failed to list the township on the front page of the bond.  This bond must be in place for the contractor to perform any work in the PennDOT right of way.  A copy of the revised bond was provided to the township.

Zack completed the application for payment from Pennvest for the design engineering fees and he stated he would like to submit it.

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the

            reimbursement request #1 from Pennvest in the amount of $410,000.00.  Motion carried, 3-0.

 

As part of both the Pennvest and STAG funding Disadvantaged Business Enterprises (DBE) requirements, an Appendix M must be submitted by the township to ensure compliance.  All of the contractors submitted the requested information to fulfill the requirements.

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve and sign

            Appendix M for submission to PA DEP.  Motion carried, 3-0.

 

OLD BUSINESS

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to set September 15, 2008 at

             8:30a.m. as a special meeting date for the purpose of opening the stone hauling and Orchard

            Road bids and to authorize its advertising.  Motion carried, 3-0.

 

NEW BUSINESS

            MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to approve the IRS mileage

            rate of 58.5 cents.  Motion carried, 3-0.

 

            MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to approve the agreement

            to extend the municipal waste contract for one year with no price increase.  Motion carried, 3-0.

 

GUESTS

Nancy McGlaughlin, Hilltown Road resident, asked Craig Zack if he would be giving a sewer status report each month.  Zack responded yes, just as he had been doing for the past two years.  McGlaughlin requested that his report could include what the next steps were.

McGlaughlin asked when the list of approved plumbers would be created.  Supervisor Sharrah stated that list would be available but would change as other plumbers requested to be added to it.  Supervisor Sharrah stated at least two plumbers had expressed interest at being on the list.  Secretary Killinger pointed out that they needed to complete a form to be approved.  Gil Picarelli clarified that no one had been approved yet.  The process was just starting.  Picarelli stated it would be another month or two before a list was available.

McGlaughlin asked Secretary Killinger how the issue of two Poplar Springs customers with delinquent accounts resolved itself.  Killinger responded that one person made a payment and the other had not.  With the later, the township would go the route of a Municipal Lien.

McGlaughlin inquired about a guest at a meeting a few months prior that requested hookups on Pine Valley Road.  The resident was Sherry Turner who was at the meeting with a subdivision plan.  No one had heard from her since that meeting.

McGlaughlin stated in March she submitted a letter asking the Supervisors to consider three extensions to the sewer line: up Old Route 30 to include the Cottage, down High Street to the intersection, and Flohrs Church to Hilltown Road.  She asked if they were considered.  Supervisor Fetter stated extending towards the Cottage did not justify tearing up the cement road for approximately four houses.  McGlaughlin stated the Cottage was probably the largest or second largest business in town.  She added to get to Misty Lane the sewer line was going “off the beaten path”.  Supervisor Fetter responded there were numerous houses on that road.  McGlaughlin thought only two or three were to hookup.  Craig Zack stated all of those houses would be connecting.  Supervisor Fetter clarified that from High Street to the traffic light there would be sewer.  Supervisor Fetter stated a gravity fed system would not allow the four houses between Flohrs Church and Hilltown Road to connect.  They would require pumping stations.

McGlaughlin announced that Chris Santay, a member of the Citizens Sewer Committee, was over in Irag fighting for our country.

 

Dan Keys asked Secretary Killinger if the Poplar Springs customer whom the Municipal Lien was to be filed against ever contacted the township and if she knew his situation or the circumstances concerning non-payment.  Killinger stated no and that this person had not made a payment since June 2007 and he is sent numerous notices every quarter.  Keys asked if Killinger had gone to speak with him.  Killinger stated that was not her job and Solicitor Davis agreed.  Keys asked if this person was able to come to the township.  Supervisor Spence stated yes, she had seen him in his yard.  Supervisor Fetter asked if this person ever attempted to contact the township or respond to any of the notices.  Secretary Killinger responded no, never.  When this individual was paying he would drive to the township and pay instead of mailing the payment.

 

Lisa Dawes, Old Route 30 resident, stated Straban Township just put in a sewer system.  Initially the people were told the hookup fee would be $5,000 but when they got the bill it was actually $7,500.  She asked if that was going to be an issue here.  Craig Zack stated it was not planned that the fee would change.

Dawes asked what if a person couldn’t afford it.  Supervisor Spence stated the Community Development Block Grant money was available which would cover the costs for approximately 100 people.  Secretary Killinger mentioned grants and one percent loans were available through the USDA.  Pamplets on both of these options were in the township lobby.  Dawes stated she would not qualify for either of these programs.  She elaborated on her financial situation and asked where she would come up with the money for this.  Gil Picarelli encouraged Dawes to talk to Anne Thomas at the County.  They had money to use and if they didn’t they would lose it.

Dawes’ mother stated the township should have asked the residents first if they could afford it.  Picarelli stated DEP did not give that option.

A resident picked up the pamphlets from the lobby and stated the eligibility requirements were below poverty level.

 

Nancy McGlaughlin asked what the township would do if she could not pay.  Supervisor Fetter stated he did not know.

A resident asked if the township would have a payment plan for those who were unable to pay.  Supervisor Fetter stated no, the township had a monthly bill it needed to pay for this project.

Mary Grimes, Old Route 30 resident, asked if the township had considered a payment plan through the tax bureau.  She was aware that this was done in Maryland where the residents’ taxes were increased and the increase was put against water/sewer development.  Solicitor Davis stated the township had considered it and rejected it because the township didn’t want to be put in a position of being banker particularly when there were lending institutions giving very favorable interest rates.

Nancy McGlaughlin stated that Secretary Killinger provided a list of banks which were willing to give loans but that would not work in everyone’s case.

Dawes asked how much more it would cost in addition to the $4,000 hookup fee.  Supervisor Fetter responded $90 per month and the cost to go from the house to the main line.

 

A resident asked what was to be done with his septic system once he hooked up.  Gil Picarelli, KPI Technology, stated the septic tank would need to be either crushed and filled in or ripped out.  If someone had a sandmound or a drain field they could let it go or rip it out.

 

McGlaughlin asked where on the main line the residents’ line would connect.  Picarelli stated the contractor would put connections on the main line in front of everyone’s house.  They will put stakes in those locations and then the residents will know where their connection will be.  Zack stated each homeowner would be given the opportunity to place the stake where they would like it.  It would just need to be approved to make sure it would work at the specified location.

 

Jerry Arrison, Old Route 30 resident, asked if the specifications were going to be posted on the website.  He stated he felt if he had access to the specifications he should be permitted to contract his own excavator to do the work.  Secondly, he asked if his sewer line needed to be run from his house to his collector box.  Picarelli stated no, it had to be solid pipe.  He continued to discuss the method he was proposing to hookup.  Craig Zack stated if it passed the pressure test then it would be alright.  Solicitor Davis stated the Rules and Regulations were located at the township building.

Arrison commented on the sewage smell which comes from the Cashtown Inn.  He asked why they were not going to hook up.  Craig Zack stated they were to hook up.

Supervisor Sharrah addressed Arrison’s first question.  He stated that he could choose his own plumber or excavator.  They just needed to be on the approved list.  Picarelli stated this was to protect the residents.

Arrison asked if a two person household would pay as much as a six person household.  Picarelli stated yes.  Arrison stated if his sewer rate was based on his water usage his rate would be lower.  Solicitor Davis stated it would be fairer to base it on water usage but only a few of the customers were on public water.

 

A resident asked why they had to pay $90 per month.  Craig Zack stated that would cover repayment of the sewer loan.  She stated that was very expensive especially when she didn’t need it in the first place.  Picarelli agreed but stated according to Pennvest that was lower than the average for new systems.

 

Mary Grimes asked if there was a possibility of getting anymore grants.  Supervisor Sharrah stated it would be hard to get a grant now to pay off a completed project unless it was an upgrade.  Secretary Killinger recalled that Vickie Johnson, Pennvest, stated at the end of the project Pennvest would reevaluate the total cost and they would look at the amount of grant money the township received from all sources.  If any more grant money was received Pennvest would reduce the amount they agreed to lend the township.  Solicitor Davis added that Pennvest believes that there is a target monthly rate.  Pennvest had told the Supervisors that if they reduced the monthly rate they would reduce the amount of money they were lending.  Supervisor Sharrah stated it would also impact the grant money from Pennvest.  Killinger stated if Pennvest reduced their loan amount to the township, the township would have to go to another lending institution and most likely pay a higher interest rate.

 

Jamie Gebhart, Old Route 30 resident, asked what the contractors were digging for in front of her house.  Picarelli stated they were looking for the gas line and utilities.  Gebhart asked if the sewer line was going behind her house or in front.  Craig Zack stated during the Act 537 plan the line ran behind those houses but it was later moved to the front of the houses during the design phase.

 

Dan Arrison, Old Route 30, asked if the Oak Tree Road neighborhood was hooking up.  Picarelli stated no, that would require a pump station.  Craig Zack stated some of those houses in that area along Old Route 30 would be hooking up.  Supervisor Fetter stated he thought originally they were off the system.  He stated they needed to be notified.

Arrison expressed concern over the rising price of asphalt and the repaving of Hilltown Road after it was torn up to put in the sewer line.  Picarelli stated the contractor was going to saw cut what they needed to and then patch it.

Arrison asked Solicitor Davis if his subdivision plan was signed that evening could he go to closing the following day without the County’s signature.  Davis stated as far as the township was concerned he could but he would need to talk to whoever was doing the closing.

 

Joel Riddlemoser, Flohrs Church Road, asked what the surplus capacity was for the sewer system.  Craig Zack responded the system was designed for approximately 800 EDU’s.  There would be 330 EDU’s initially.  Gil Picarelli explained that they were required to build in extra capacity and plan for the next five years.  Picarelli stated one EDU was equivalent to approximately 250 gallons per day.

 

Bernard Lochbaum, resident, stated he was a retired excavator.  He asked if he needed to be on the approved list of plumbers/excavators.  Supervisor Fetter stated yes.

Lochbaum questioned the Oak Tree Road neighborhood not being included on the sewer system.

Lochbaum directed his next question to Supervisor Sharrah.  He stated coming from Gettysburg to Mummasburg there was a 35 mile per hour speed limit sign.  He asked if there were any dangerous intersections there and stated something should probably be done about those.  His question pertained to the speed limit in McKnightstown along Old Route 30 which was 40 miles per hour.  He requested a three way stop at Tillietown Road and Old Route 30.  He also complained about the shrubs sticking out along Tillietown Road which inhibit traffic.  Supervisor Sharrah stated he was not sure what he was referring to with the reference to Mummasburg Road.  Lochbaum stated it was dangerous at Hilltown Road and Mummasburg Road.  Supervisor Sharrah stated that was a state road.

 

Dan Keys, resident, complained about all of the signage in the area of the Route 30 and High Street intersection.  He stated the Supervisors had a responsibility to contact PennDOT about them.  Keys stated the Supervisors needed to pursue a red light at that intersection.  He stated if you have a small car you have to pull out onto Route 30 before you can see traffic.  Supervisor Fetter asked the zoning officer to check the sign ordinance pertaining to the signs at that intersection.  Keys stated the Supervisors needed to petition the State.  Supervisor Sharrah stated the Supervisors had met with PennDOT about other issues and were not satisfied.  Solicitor Davis stated before the yellow light was put up PennDOT resisted it.  It took two years of lobbying and the intervention of State Representatives and a State Senator.  There had been accidents ever since and PennDOT had been sued several times about that intersection.  Davis stated if that didn’t wake them up there was nothing the Township could do.  Keys stated he was going to hold the Supervisors accountable.  Davis advised Keys to get a citizens group together and contact PennDOT.

 

Bernard Lochbaum complained about the intersection of Broadway and Route 30.  He stated it was still too narrow.  Supervisor Fetter stated PennDOT recommended that and said if the township tried to keep trucks off of the roads they would take away Liquid Fuels money.

Lochbaum stated there were weeds at the intersection of Hilltown and Fairview Fruit Roads inhibiting sight distance.

 

A resident asked if the Supervisors thought that a group of citizens with signed petitions approaching the State Representatives together as a community would do more than if the Supervisors talked to the State themselves.  The Supervisors and Solicitor Davis stated yes, however they may still fail but they had a better chance than the if the township approached them.

 

Deb Flake, Tillietown Road resident, stated there were high weeds on Pine Valley Road entering onto Route 30.  Cindy Smith, Zoning/Code Enforcement Officer, advised the guests to contact the Road Crew Foreman directly regarding road-related complaints.

 

Lisa Dawes asked if new homes were built in the sewer area in the future would the quarterly bill decrease.  Craig Zack stated probably not.  Supervisor Sharrah stated early on, probably not, but not never.

 

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

Special Meeting – September
15, 2008

 

SUPERVISORS PRESENT:  Daniel Fetter and Ed Sharrah

OTHERS PRESENT:  Lori Killinger, Office Manager/Secretary/Treasurer

 

The meeting, held at the Franklin Township Municipal Building, was called to order at 8:30 a.m. by the Chairman, Daniel Fetter.

 

The special meeting was advertised in the Gettysburg Times.  There were guests present in the audience.  There were no comments from the audience.

 

The meeting was scheduled to open the Orchard Road project bids and stone hauling bids.

 

Opening of the Orchard Road bids:

David H. Martin Excavating, Inc. bid $69,100.00.

Jerry Justice Excavating bid $71,957.00.

C.E. Williams Sons, Inc. bid $83,285.00.

Leon E. Wintermyer, Inc. bid $91,185.00.

  1. Craig Adams, Inc. bid $75,366.95.

 

Opening of the stone hauling bids:

To haul 8,000 ton, more or less, of assorted aggregate:

KBS Inc. bid $3.75 per ton equivalent to a total of $30,000.

Carl G. Woerner bid $3.00 per ton equivalent to a total of $24,000.

 

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to award David H. Martin

            Excavating, Inc. the Orchard Road bid and to award Carl G. Woerner the stone hauling bid. 

            Motion carried, 2-0.

 

Supervisor Fetter adjourned the special meeting at 8:50 a.m.

 

Respectfully submitted,

 

Lori J. Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Board of Supervisors

October 2, 2008

 

SUPERVISORS PRESENT:  Daniel Fetter and Ed Sharrah

OTHERS PRESENT:  Craig Zack, KPI Technology; Gil Picarell, KPI Technology; Walton Davis, Solicitor; Cindy Smith, 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 Sharrah, seconded by Supervisor Fetter, to approve the September regular meeting minutes and September 15, 2008 special meeting minutes as pre-read by the Supervisors.  Motion carried, 2-0.

 

APPROVAL OF BILL LIST #10

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve Bill List #10, General Fund checks 27387-27440 totaling $27,658.51, State Fund checks 6352-6357 totaling $45,978.02, Sewer Fund checks 1176-1178 totaling $479.43 and 2006 Project Account checks 1063-1064 totaling $19,403.90.  Motion carried, 2-0.

 

PLANS

            None

 

REPORTS

            Cindy Smith, Zoning/Code Enforcement Officer, reported that for the month of September she issued 5 building permits with a total construction value of $357,000.00.  She also issued 5 use and occupancy certificates.

She received an application for a special exception to use the property at 3500 Chambersburg Road as an auto repair and restoration shop in addition to a physician’s office and caretaker’s apartment.

Smith reported that she received the audit report from Bill Mellors, Department of Labor and Industry.  She stated that there were no significant findings that needed to be addressed.  Copies of the audit were in the Supervisors’ mailboxes.

Smith gave an update on the mass mailing pertaining to house numbering.  The mailing had been successful.  165 signs had been sold and 40 were on order.

 

Supervisor Sharrah read the Road Crew Foreman report for September.  The road crew cleaned and installed rip rap at the ends of tiles on Crooked Creek, Hilltown, Goldenville, Tillietown and Seven Stars Roads; oil and chipped parts of Pine Valley, Flohrs Church, Fox Hill, Camp and Winding Roads and spots on Belmont and Poplar Springs Roads as well as the bridge deck on Flohrs Church Road; replaced the transmission filter on Unit #7; replaced the fuel pump on Unit #16; cut brush and weeds at intersections to improve sight distance; cut brush along Hillside Drive and fill washed with rip rap to slow the speed of water in the ditch; dug out stone buildup from box culverts and concrete inlets; received 150 tons of salt to mix with anti-skid in preparation for winter weather; repaired several signs that were damaged or faded; filled washouts and holes on Orchard Road; repaired tile crossing on Bingaman Road; and filled pot holes along the edges of Old Route 30.

 

Supervisor Fetter responded to the request, from a resident who was present at the September meeting, to put a red light in at the intersection of State Route 30 and High Street.  Fetter stated he called Senator Punt’s office and spoke with Skip Strayer.  Strayer said Senator Punt was able to put the yellow light in years ago.  Strayer said nothing more could be done through Punt’s office as Senator Punt was soon retiring.  Fetter then called Representative Dan Moul’s office.  His staff informed Fetter to call PennDot District #8.  Fetter spoke with Frank Cavataio in the PennDot Harrisburg office.  Mr. Cavataio sent Supervisor Fetter an application to start the procedure to request a traffic light.  Mr. Cavataio expressed doubts that a traffic light would be put in since the number of traffic incidents did not justify a traffic light.  Therefore, the township would also need to conduct a traffic study which would be expensive.  Supervisor Fetter said the current cost to maintain the yellow traffic light was $1,032.71.  The electric bill for the year as of September was $684.55.  Supervisor Fetter stated that was as far as he was taking the issue.  Fetter stated if Mr. Keys came back to a meeting and wanted to take it further, he would advise Keys to go out and get a petition signed.  Fetter stated, as a citizen of Franklin Township, he was not for a traffic light.

Also, in response to another issue brought up at the September meeting by Mr. Lochbaum, Supervisor Fetter stated it would cost between $2,500 and $3,000 to do a traffic engineering study at the intersection in McKnightstown.  At this point the Supervisors were still debating what to do.  Fetter stated, as a citizen of Franklin Township, he did not think a stop sign was needed on Old Route 30.

Supervisor Fetter reported that Cindy Smith, Zoning Officer, contacted Larry Carver with PennDot regarding the nuisance signs at the intersection of State Route 30 and High Street.  Mr. Carver stated PennDot would make more frequent stops there and take down the nuisance signs since they were not allowed.  Nancy McGlaughlin, resident, asked if the zoning officer checked the distances of the signs.  She stated she thought they looked fine.  Smith responded if they were in the state right of way they were not supposed to be there.  The larger signs had permits.

 

Gil Picarelli, KPI Technology, reported the cost to do a study for a traffic light would be approximately $5,000.  If the study showed that the township may be able to put a light in, a plan would be required which would cost between $5,000 and $10,000.  Then, the plan would get sent to PennDot and they might not approve it.  Picarelli discussed the area with a traffic engineer who said the township would probably not get a light there.  PennDot would probably not want the 18 wheelers to have to put on their brakes in that short distance.

In regards to the intersection in McKnightstown, Picarelli stated the township may be able to put up a 25mph speed limit sign without doing a study if the area falls under Residential District classification per State guidelines.  An ordinance would still be required.

Picarelli stated they were contacted by the PennDot engineers and asked whether the installation of the new Crooked Creek Road Bridge would impact the stormwater management or floodplain management plans of the township.  He stated it would not.  He did not want to send the letter stating so without the permission of the Supervisors.

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to proceed with sending the

            letter and to keep the Crooked Creek Road project going.  Motion carried, 2-0.

 

            Picarelli stated the letters asking for septic system inspections went out to 14 residences in the Gettysburg Mountain Campsites.  So far nine had their inspections done.  Six were ok.  Three needed some repair work but nothing major.

Picarelli reported that Hauser Winery requested a bond reduction.  KPI received the request the day prior.  He felt mostly everything was done.  If the Supervisors wished they could make a motion pending KPI’s review of a few changes.  They wished to reduce the bond to $33,752.94.  Kim Petrono, representing Hauser Winery, contested the approximate $19,000 for the maintenance bond.  He agreed with the bond being kept at approximately $14,000.

Supervisor Sharrah brought up the recent Department of Labor and Industry’s audit letter.  A portion of it pertained to the Hauser Winery.  Solicitor Davis read the following excerpt from the letter: “In accordance with a section of the Uniform Construction Code, a reassessment audit was performed by inspector William D. Mellors to determine if adequate administration and enforcement of the accessibility requirements of the Uniform Construction Code is occurring in Franklin Township…”  Cindy Smith, Zoning Officer, stated the township could not require them to address the issues listed until the time they request another building permit.  Walton Davis continued to read the list of deficiencies listed in the audit report.

Solicitor Davis stated $19,562.94 was for the road which the township was not accepting.  Davis stated, according to his understanding of the Municipalities Planning Code, the township did not have the authority to require maintenance bonds for public improvements such as roads which were not being dedicated to nor accepted by the township.  In essence, the Supervisors would be releasing the bond down to $14,190 which would represent a retainage until it was determined the stormwater system worked properly.

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to reduce the bond for the

            Hauser Estate Winery to $14,190 following KPI’s inspection.  Motion carried, 2-0.

           

            Craig Zack, KPI Technology, updated the Supervisors on the status of the Cashtown/McKnightstown sewer project.  Zack stated he received a significant amount of phone calls in regards to the construction schedule, hook up requirements, lateral locations and the rules and regulations.  KPI had been working with the township to get the Rules and Regulations and the sewer line installation schedule posted on the township website.

Construction continued on the sewer line with adequate progress taking place and Mendon Pipeline, Inc. was utilizing two separate crews for installation.  There was an issue the prior evening where Mendon cut into a gas line near the school.  That had been resolved.

For the wastewater treatment facility, George S. Hann, Inc. completed the access road and excavation as well as some concrete pouring for the wet well.

In regards to Contract #1, some utilities may present conflicts with the location of the sewer line.  KPI was in the process of reviewing these locations and had a meeting scheduled with the utilities to try and determine how to resolve it.

In regards to Contract #2, there was some water accumulating on the access road.  The contractor had proposed a change order to alleviate the problem.

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to reject the change order

            request.  Motion carried, 2-0.

 

            A progress meeting was scheduled for October 23, 2008.

Zack reported he was still working on getting information for Embarq to install the phone line to the wastewater treatment facility.  He was working on the right of way issue with Met-Ed and Tom Norman as well.

The contractors had submitted requests for payment.  KPI reviewed them and verified that the work was done.  Zack recommended the Supervisors approve payment for Mendon Pipeline, Inc. and George S. Hann & Son, Inc.

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve the payment

             request for Mendon Pipeline, Inc. in the amount of $179,576.10.  Motion carried, 2-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve the payment

             request for George S. Hann & Son, Inc. in the amount of $135,864.82.  Motion carried, 2-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve the

            reimbursement request #2 for Pennvest in the amount of $315,440.92.  Motion carried, 2-0.

 

Nancy McGlaughlin asked where the workers would be heading next.  Zack responded that one crew would be coming up Old Route 30 towards Tillietown Road.  The other crew would be working their way towards Cashtown along Old Route 30.

 

OLD BUSINESS

None

 

NEW BUSINESS

            MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to appoint Dale Byers as

             road crew employee as of October 20, 2008 and set his wage at $13.75 per hour.  A motion also

            to increase Eddie Pritt’s wage to $13.75 per hour as of October 9, 2008.  Motion carried, 2-0.

 

            Supervisor Sharrah announced the following proposed personnel policy changes: regular work days shall consist of 8 hour shifts, with a ½ hour lunch break; definition of a full time employee which is an employee regularly scheduled to work 40 hours or more per week and 52 weeks per year (including vacation time and other approved leaves) will be considered full time (effective 10/9/08 for any new permanent full time employees); medical insurance is for full time employees (40 hours per week and 52 weeks per year); the definition of overtime pay was revised to read “if work is performed on a holiday, double time will be paid”; the phrase “Christmas Day will be paid at the rate of triple time” was eliminated; the compensatory time section was deleted; the show up time section was revised to read “show up time for unexpected detail begins at the time the employee clocks in”.

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve the proposed

            personnel policy changes.  Motion carried, 2-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to set the date for Trick-or-

            Treat as Thursday, October 30, 2008 between 6:00p.m. and 8:00p.m.  Motion carried, 2-0.

 

GUESTS

Dick Mountfort was present on behalf of the committee to protect Adams County land and water.  He spoke regarding the Adams County Water and Land Protection Bond.  He stated this would be a bond issue on November 4th.  The county voters would be asked to approve or reject a debt of up to $10 million to conserve water resources and preserve land in Adams County.  It would be for willing landowners only and subject to a public audit.  There would be oversight by a citizens committee, most likely the Greenspace Advisory Committee.  He stated if approved, it would present an opportunity to leverage two to three times that amount with State and Federal money.

There were several candidates for preservation including Tree Farm #1 in Hamiltonban Township consisting of 2600 acres of forest purchased in March by the Conservation Fund from the Gladfelter Pulpwood Company.  He stated this property was part of the Chesapeake Bay Watershed Forest.  If it became part of the Michaux Forest it would be available for public access.  Preservation of this tract would cut off development which was anticipated to come from Maryland.  If this bond passed it would also benefit the County’s Agricultural Preservation Program.  This Program was about 20 years old and to date, it had preserved approximately 126 farms consisting of approximately 17,000 acres in Adams County.  Mountfort stated there were currently 75 farms on the waiting list willing to preserve their properties representing approximately 6,300 acres in Adams County.  If this bond passed, it would allow a bigger farmland preservation effort than normally allowed in a typical year.  Another candidate for money if the bond passed would be the Green Space Program which was a matching funds program for preservation of farmland or open space, park and recreation areas and cultural and historic areas.

He stated there was a cost.  The voters were being asked to approve a debt.  If the Commissioners did use the $10 million, and a 20 year payback period and 5% interest rate were assumed, it would create an annual debt service of $802,000.  If you took the typical property in Adams County which was approximately $250,000 in value, that would result in an additional tax for that household of about $1.50 a month.  He stated it was a small cost and a really big potential benefit.  He stated this was an opportunity for the voters to do something for themselves, for their way of life, for the environment and for the future generations.

He referenced another bond which would be on the ballot.  This was a State bond asking if the voters were going to approve or reject a $400 million debt to support sewer infrastructure and agricultural improvements to support the Commonwealth’s obligations to the Chesapeake Bay.  He believed the basis for this bond was the concern of what small communities may have to bear in terms of upgrades for the plants to meet the Chesapeake Bay regulations.  Mountfort provided the Supervisors with a fact sheet.

Joel Riddlemoser, Flohrs Church Road resident, asked Mr. Mountfort if there were any thought given to selective cutting on the Glatfelter property.  If so, what amount of this could be put towards the purchase price?  Mountfort responded the Conservation Fund owned the property.  They could do selective cutting if this project didn’t happen.  The intent was to transfer it to the public domain.  It would be DCNR who would manage the property.  They do a modest amount of selective cutting.  Riddlemoser asked if the money from selective cutting by DCNR would be contributed to the $12 million or would it be used by the State for other projects.  Mountfort responded that DCNR had already contributed $4 million.  They may contribute more.  DCNR had a timber management program that was self sustained.  It was very modest.

 

Lisa Dawes, Old Route 30 resident, stated she called Adams County National Bank, which was listed on the “Banks Solicited” list in the township lobby, in regards to sewer financing.  She asked about the 3.5% loan rate.  The bank representative told her that was only for the township’s loan.  Ms. Dawes would have to apply for a home equity loan.

Dawes asked Craig Zack what date the residents would be required to connect to the sewer.  Zack responded the projected date was August or September of 2009.

Dawes asked if driveways would be blocked during construction.  Zack stated they could be temporarily.  Dawes was concerned about being able to get out of her driveway in the case of an emergency as a family member in her home had health problems.  Gil Picarelli responded in that situation she should tell the contractor working out front that she had an emergency and needed to get out quickly.

Dawes asked if the digging would affect well water.  Zack responded no.

 

Nancy McGlaughlin, Hilltown Road resident, stated it was suggested at the prior meeting that the CDBG money could be “tweaked” to include other residents if there was money left over.  McGlaughlin spoke with Anne Thomas at the County who said that would not happen.  She had guidelines she needed to stick to.  Anne Thomas told McGlaughlin that closer to the time of hooking up a mailing would be sent to everyone which would include the guidelines.  Then, the residents could determine for themselves if they would be eligible.

McGlaughlin stated she also called PNC Bank which was listed on the “Banks Solicited” list.  PNC said the loan was for the township, not the residents.

McGlaughlin left some brochures pertaining to PFHA loans in the township lobby.  This may apply to some residents who had a little more income.

McGlaughlin said she checked with PNC bank and they were still offering home equity loans and personal loans to those with good credit.  They were running about $140 per month.

McGlaughlin asked what the township was going to do to those whose budgets could not handle a loan and who did not qualify for any grant money.  She stated this was something they needed to talk about.  She stated she was going to continue to ask the question until somebody came up with an answer.  Supervisor Fetter stated he didn’t have a good answer.  He stated the township would have a loan to pay and it would be passed on to everyone on the sewer system.  McGlaughlin stated “the problem will not go away.  Next August you will have people who cannot afford this”.  Fetter stated he hoped the CDBG money would help a lot of people.  Fetter told McGlaughlin to check with the Commissioners to see if they could be a little more lenient on the CDBG money.  McGlaughlin responded, according to Anne Thomas, the State set the guidelines.

McGlaughlin asked if a list of plumbers was put together.  Smith, Zoning Officer, stated she and Secretary Killinger had been handing out registration forms to those contractors who stopped by the township building.  Dawes asked if the plumbers and excavators had to be on the list in order to be able to use them.  Zack responded yes.

McGlaughlin asked what RIM elevation was.  Zack responded that was the elevation of the rim of the manhole covers.  McGlaughlin expressed concerns over where the sewer line was going and where it was not going.  She asked who made the final decision on this.  Zack responded KPI and the Supervisors.  McGlaughlin was concerned that the line came three quarters of the way down Flohrs Church Road and then it stopped, missing two houses.  Supervisor Sharrah stated those houses would require a pumping station.  McGlaughlin asked why the Marina along State Route 30 was not hooking up.  Picarelli stated the line was going behind the bank not along Route 30.  Supervisor Fetter stated he would check on that one because he thought the Marina was going to hook up.  McGlaughlin asked why the Cottage on Old Route 30 was not connecting.  Fetter stated he would tell her what he told her last month.  It was considered but it didn’t justify cutting up the road for that much dead space.  McGlaughlin pointed out the dead space along Hilltown Road that was being crossed.  Picarelli responded “if we have dead spaces it’s because we have to get it there”.  Going up Old Route 30 to the Cottage would be extending it.  It was not on the way to the plant so it didn’t need to go that direction.  Supervisor Fetter asked if she would like to cost of the sewer system to be higher.  McGlaughlin responded no, she would like the line eliminated from Hilltown Road and taken up Old Route 30 to the Cottage.  McGlaughlin said there were 10 houses going up that hill.  Fetter disagreed.  Solicitor Davis stated these questions should have been raised 2 ½ years ago when the 537 Plan was proposed.  The whole project had been approved and funded.  McGlaughlin stated they felt they were not heard or understood.  Supervisor Fetter stated that he did care.

 

A resident asked when the sewer schedule would be posted.  Craig Zack stated it would be on the township website the following week.  The resident asked if the residents were still to be notified two weeks ahead of time.  Zack stated yes, they were to be notified anywhere from three days to two weeks ahead of time.

 

Victor Johnson, Flohrs Church Road resident, stated he had been to the township several times to look at the sewer map.  He stated his hookup was along Flohrs Church Road but his septic was in the backyard and it made sense to him to hook up from Misty Lane.  Craig Zack stated he would look at this with Johnson.

 

Mr. Rebert had a question and discussed it with Craig Zack while looking at the map.

 

Nancy McGlaughlin stated the township Supervisors could make modifications to the sewer plan according to the Regional Director of DEP.  Gil Picarelli explained that to do this the Act 537 Plan would need to be redone which would take one to two years, the planning had to be done, they would have to get DEP approval, then go through design again.  It would be at least a four year process.  Solicitor Davis stated, then, the financing would have to be redone.

 

Jamie Gebhart, Old Route 30 resident, stated during construction her mailbox was damaged as well as some landscaping ties.  Craig Zack told her to put her complaint in writing.  He would present it to the contractors.

 

The Cashtown Fire Department’s Assistant Chief was present.  He presented the Supervisors with a copy of House Bill No. 1768 a portion of which stated “cancer, resulting in either temporary of permanent total or partial disability or death, after four years or more of service in firefighting for the benefit or safety of the public, caused by exposure to heat, smoke, fumes or gases, arising directly out of the employment of any such firefighter” could be covered under the township’s workmens compensation policy.

He stated the ICC enacted the one or two family residential fire sprinkler requirements.  This would be in the 2011 code cycle.

He presented the Supervisors with a copy of a fire protection plan which Highland Township would be adopting.  He stated the Chief would like to discuss this at the quarterly meeting.

On October 6th the fire house would have a CPR class which would be open to any township employee.

The sign program had been successful.

He stated the dry hydrants needed to be serviced.  He asked if the township would service all of them since the water was down.

A resident with the address of 262 Orrtanna Road contacted the fire department with concerns about access to her home.  Currently, it could not be accessed since there was a tree across the lane.  Supervisor Fetter stated that was the homeowner’s responsibility if it was their lane.  Supervisor Fetter stated he thought that was the Fee’s residence and if so, they access their property from Old Route 30.  The Assistant Chief asked if it was possible to change their address.  Supervisor Fetter stated he would look into it.

The fire department was at the incident involving a gas leak along Old Route 30 for approximately three hours.

The fire department requested four more vests.

The Assistant Chief told Craig Zack that the fire department needed to know when the sewer construction crew would be at the fire house.  They needed to move the fire apparatus to a temporary location.  Craig Zack stated he would let the crew know.  In addition, the assistant chief stated that the road could not be any higher in front of the fire house so that the trucks didn’t get damaged.

Supervisor Fetter stated he would like to schedule the quarterly meeting with the fire companies towards the end of October.

The Assistant Chief mentioned that the fire prevention program would be held at the school the following Friday.  They bought several items to hand out to the kids.

 

There being no further business to conduct meeting adjourned at 9:00 p.m.

 

Respectfully Submitted,

 

Lori Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Board of Supervisors

Regular Meeting

November 6, 2008

 

SUPERVISORS PRESENT:  Daniel Fetter, Sandra Spence and Ed Sharrah

OTHERS PRESENT:  Craig Zack, KPI Technology; Gil Picarell, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Cindy Smith, 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 Sharrah, seconded by Supervisor Fetter, to approve the October regular meeting minutes as pre-read by the Supervisors.  Motion carried, 2-1, with Supervisor Spence abstaining as she was absent from the October meeting.

 

APPROVAL OF BILL LIST #11

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve Bill List #11, General Fund checks 27441-27514 totaling $80,281.25, State Fund checks 6358-6365 totaling $19,514.16, Sewer Fund checks 1179-1180 totaling $310.72 and 2006 Project Account checks 1065-1068 totaling $43,836.80.  Motion carried, 3-0.

 

SEWAGE MODULES

            MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve the sewage

            module for Marsh Creek LLC of Chambersburg Road.  Motion carried, 3-0.

 

            Gil Picarelli, KPI Technology, stated that Bob Sharrah, surveyor, had given him the sewage module for the Eileen K. Keating Estate that day.  He stated the Supervisors had already approved the sewage module for this Estate when it was originally submitted by the first surveyor on the project, Riley Redding.  Sharrah was submitting this one since he was the new surveyor on the project.

            MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve the sewage

            module for the Eileen K. Keating Estate of Plantation Road.  Motion carried, 3-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the sewage

            module and request for panhandle lots for Ernest Shriver et al. of Orrtanna Road. 

            Motion carried, 3-0.

 

FINAL PLAN

            The Supervisors discussed the Road Maintenance Agreement which was submitted by Wendy Beauchat, the applicant’s attorney, to Solicitor Davis for review.  Davis mentioned his concern regarding the two entrances to the property; the possibility of one entrance being cut off from use and having to use the other entrance which may or may not have enough sight distance.  The Supervisors indicated that this issue should be left to the property owners to work out.

            MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve the final

            subdivision plan for Harman and Linda Spence of Hilltown Road and to leave the road

            maintenance agreement up to the property owners. Motion carried, 3-0.

 

REPORTS

            Cindy Smith, Zoning/Code Enforcement Officer, reported that for the month of October she issued 2 building permits with a total construction value of $41,000.00.  She also issued 1 flea market/yard sale permit.

She stated a special exception hearing was held on October 6th and October 16th for 3500 Chambersburg Road, formerly the American Resin Building.  The applicants received permission to use the property for the combined use of an auto repair and restoration shop, a physician’s office and a caretaker’s apartment.

Smith spoke with Larry Carver, PennDOT, in regards to nuisance signs in the township.  She requested he patrol the township more frequently and remove un-permitted signs.  Smith added that after receiving permission from PennDOT she would also remove nuisance signs in an effort to maintain safer sight distance at intersections.

Smith stated the house numbering project was ongoing.  She asked residents to be sure the numbers were visible from both directions of travel.

 

Secretary Killinger reported that there was an error in the recent mailing to the sewer customers.  She stated the phone number for Anne Thomas on the CDBG flyer was incorrect.  The correct phone number was 337-9824.  Corrected sheets were located in the township lobby.

Killinger stated she received an estimate of $8,500-$9,500 from Sturgill Trostle to conduct the township’s 2008 audit.  Stambaugh Ness had submitted an estimate of $13,500.  Supervisor Fetter asked if Killinger had received any other estimates.  Killinger responded she called two other firms and either they did not conduct municipal audits or they were too busy with the municipal audits they currently had to do.

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve Sturgill Trostle to

            conduct the 2008 audit.  Motion carried, 3-0.

 

            Dan Keys, resident, asked if the mailing Killinger spoke of was sent to everyone in the township or to just the residents who would be connecting to the sewer.  Killinger stated it was sent to just those who would be connecting.  Keys asked if, in the future, the residents not connecting to the sewer would be charged anything for the sewer such as taxes.  He stated the whole community should have received that letter.  Supervisor Spence stated no, it was regarding the sewer system itself.  It concerned hookups and answers to questions regarding the system.

 

Supervisor Sharrah read the Road Crew Foreman report for October.  The road crew repaired the hill on the dirt section of Winding Road with millings and filled the pot holes; opened a tile along Old Route 30 in Cashtown; replaced the batteries on Units #3 and #4; and replaced damaged road signs and stakes at Bottom Road and Route 234.

On Orchard Road the road crew cut the road and installed tiles; and added two 24 inch tiles, a 12 foot on inlet and a 12 foot on outlet at two different locations, and a 10 foot inlet to the 42 inch tile.  They added baskets with rip rap to keep the bank from eroding in those areas; replaced a tile at the intersection; and installed rip rap over tiles and the ditch around the intersection of Hillside Drive.  They replaced a grate on the drop box at the same intersection.  David H. Martin finished widening the road.  The previous day, the sections of Orchard Road and Hillside Drive affected by construction were tar and chipped.

 

Gil Picarelli, KPI Technology, updated the Supervisors on the required septic system inspections for the 14 permanent residences in the Gettysburg Mountain Campsites.  He stated all 14 were inspected.  All but three had made the required repairs.  Of those three, one had received a permit to make repairs and the other two had received applications to make repairs.

 

            Craig Zack, KPI Technology, updated the Supervisors on the status of the Cashtown/McKnightstown sewer project.  Zack stated construction continued with two separate crews for installation.  At the wastewater treatment facility, the tank slab was poured and the contractor was working on the forming for pouring the walls.

At a recent progress meeting, PennDOT pointed out their recommendation for detectable marking tape to be placed on utility lines located within their right of way to facilitate future location efforts.  Mendon Pipeline provided an estimate of $0.25 per linear foot to install this tape.  The additional cost would be approximately $3,500.  Zack stated PennDOT did not point this out prior to the start of the project.

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to reject this additional cost

            to place marking tape on the sewer lines.  Motion carried, 3-0.

 

Zack reported that the revisions to the sewer line location in the vicinity of Route 30 and Flohrs Church Road was completed and would be forwarded to Mendon Pipeline to construct.  A change order would be prepared and forwarded to PA DEP to satisfy Pennvest requirements.

Zack stated he received information from Mendon Pipeline regarding incurred additional costs of approximately $5,516 due to abandoned utility lines in the Cashtown area.  They requested a change order for compensation.  He stated some of the homes in the area had two gas lines and two water lines; one live and one not.  They had to treat all lines as if they were live which was taking more time.  Zack stated he just received the information.  He was aware that the contract documents had clauses stating subsurface information was the responsibility of the contractor, however, according to the PA One Call Act they may be entitled to some compensation.  Zack stated he was going to do some more research and speak with Solicitor Davis on this issue.  Supervisor Fetter stated maybe the Water Authority should be contacted in regards to this.  Supervisor Sharrah agreed.

Zack reported that the water ponding and mud accumulating on the access road to the treatment plant had cleared up a little and paving may still be a possibility.

A sewer progress meeting was held on October 23, 2008 at the township building.  Another one was scheduled for November 21, 2008.

Zack stated originally Embarq was only going to install the phone lines for free up to 1,000 feet.  They waived that requirement.  They were now going to install it for free for the nearly 2,000 feet.

The contractors submitted requests for payment.  KPI reviewed them and verified that the work was done.  Zack recommended the Supervisors approve payment after deducting the required 10% retainage for Mendon Pipeline, Inc. and George S. Hann & Son, Inc.

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the payment

            request for Mendon Pipeline, Inc. in the amount of $432,601.29.  Motion carried, 3-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve the payment

            request for George S. Hann & Son, Inc. in the amount of $356,592.53.  Motion carried, 3-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve and sign

            reimbursement request #3 for Pennvest in the amount of $789,193.82.  Motion carried, 3-0.

 

OLD BUSINESS

None

 

NEW BUSINESS

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve the 2009 Minimum Municipal Obligation for the Township’s Pension Plan.  Motion carried, 3-0.

 

            Supervisor Fetter announced that the Supervisors were interested in local police coverage.  He stated the Board had received numerous complaints regarding speeding, traffic control at the traffic light and at intersections and requests for stop signs in certain areas.  He stated the Board had checked into the cost to do engineering studies and the Board agreed it made more sense to have local police.  All of the engineering and traffic studies could be done but if there wasn’t anyone to enforce traffic controls it wouldn’t make a difference.  Fetter stated local police coverage was in the budget for next year and there would be no tax increase for it.  Darrin Flake, Tillietown Road resident, asked who would be providing the service.  Supervisor Fetter responded that no contracts had been signed.  They were still discussing the issue.  Flake stated it was a good idea.  Supervisor Spence stated it would be for 15 hours a week police coverage.  Supervisor Fetter stated the budget amount included 15 hours per week and some extra to compensate for court hearings.  Supervisor Fetter stated it would be for the entire township.  Solicitor Davis stated the Board would have to sign an intermunicipal agreement and pass an ordinance approving the intermunicipal agreement before the police would have the power to act.  Fetter stated that the Board had received several requests and complaints recently from Mr. Keys, Mr. Lochbaum and Mr. Shultz in regards to traffic issues.  He stated this police coverage would address speeding and traffic control.  Down the road, the Board may look into a noise ordinance and would then have the police to enforce it also.  Solicitor Davis added that the State Police would not enforce local ordinances.

 

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to tentatively adopt the

            2009 proposed budget for December 4, 2008 and to authorize the advertising. 

            Motion carried, 3-0.

           

GUESTS

Clair Sites and Tom Steinberger were present to discuss a lot off of the Cashtown Road which was previously discussed at the August 2008 meeting.  Steinberger stated he had some paperwork for the Supervisors in response to the criteria they set for Sites at the August meeting.  The paperwork consisted of a driveway permit and perc test results.  He asked if the lot would be approved as a building lot.  Supervisor Sharrah recalled that on the original subdivision plan there was a note which stated the lot was for hunting or forestry purposes.  A revised plan would need to be submitted and this note removed.   Secretary Killinger read from the August minutes that Solicitor Davis stated “Sites should also get some type of release and indemnification so that he would not be held liable for approving a residence to go at the end of a three-quarter mile long narrow driveway”.  Davis stated that should also go on the revised plan.

 

Nancy Sharrah Krayo and Carolyn Sharrah Bucher, school bus drivers, were present to express their concern over a bus stop in a dangerous location on Boyer’s Nursery Road.  The bus stopped at 125 Boyer’s Nursery Road which was on a blind turn in the road.  Krayo discussed her concerns with Bill Bowling at the school and he asked her to talk to the township.  She asked if a “School Bus Stop Ahead” sign could be put along the road or if the speed limit could be changed on that section of road.  Supervisor Sharrah asked what Mr. Bowling’s opinion was and if there was a possibility that the bus stop could be moved.  Krayo didn’t know.  Bucher stated she asked the mother at that address if the children could board on the opposite side of the corner, although there was a steep embankment there that the children would have to come down.  The mother stands on the hill and watches towards the Cashtown Road while the children board.  Bucher stated she instilled in the children to look at her first to see if it is ok for them to cross the road.  Bucher stated they were requesting signs from the township indicating a school bus stop.  Supervisor Sharrah stated he did not have a problem with signs but was unsure that would solve the problem.  He stated he would contact Bill Bowling.

 

Jamie Gebhart, Old Route 30 resident, asked if the Supervisors were aware that the Orrtanna Post Office was closing.  The Supervisors were not aware of this.  Mary Grimes, Old Route 30 resident and retired postmaster, stated the Orrtanna rental contract would expire in approximately two years.  She stated they did not close post offices unless there was no postmaster or no location out of which to operate.  The Orrtanna Post Office could possibly close because the building was for sale.  Grimes stated the community needed to get together and say they need their post office.  If the community didn’t do something about it the Fairfield Post Office would take its place.  Gebhart suggested starting a petition.  Grimes suggested talking to the local businesses and to the Congressman.  Grimes stated the Post Office was required to send a letter out a month before closing but advised not to wait that long.  She stated she would help anyone in Orrtanna who wanted information on this.

 

Laurie Stover, Eric Nagle and Necia Plank of Evergreen Way and Plover Lane were present to ask what their rights were in regards to the right of way which was shared with the Hundredfold Farm Community.  She complained about the maintenance of Evergreen Way stating winter maintenance was not consistent.  She stated there was no maintenance on Plover Lane.  Stover was aware that the road was to be paved after all 14 houses were in place at the Hundredfold Farm.  However, it was her understanding that they were having trouble getting the last 5 houses.  She asked if there was a timeline that had to be followed.  Supervisor Spence stated she reviewed the township records in regards to the Hundredfold Farm.  She stated the written decision from a zoning hearing held on December 10, 2004 stated “the access drive was to be 16 feet wide and improved with impervious surface”.  Spence stated she spoke with Bill Hartzell, representative from Hundredfold Farm, who could not say how long it would take them to get the remaining 5 houses.  He stated he was open to any of the neighbors calling him.  Stover stated they were having a hard time communicating with them.  Supervisor Spence asked if all residents contributed to the road maintenance when the property was owned by Alex Kessel.  The residents agreed that was true.  The residents also agreed that they did not currently contribute.  Spence relayed that Hartzell stated they were maintaining the road as best they could because they felt they placed the majority of the traffic on the road.  He said they were trying to be good neighbors so they had not asked for any maintenance fees.  Necia Plank stated they hadn’t asked for any maintenance fees and they had not maintained the road to the best of their ability.  Plank expressed her concerns about emergency vehicles not being able to get to their community in the winter.  Supervisor Spence asked if it would help if the township would facilitate a meeting.  The residents were in agreement to that.  Stover stated they were willing to have a road association if they had an agreement with the Hundredfold Farm Community and knew they would see results.  Nagle complained about the runoff and stated their drainage system didn’t work.  Solicitor Davis reminded the Supervisors that this was a private road situation and the most they could do was to facilitate a meeting.

 

Daniel Keys, Old Route 30 resident, asked if Dennis Robinson was hauling dirt for the township.  Supervisor Fetter responded no.  Keys asked if the Supervisors had any problem with someone from the Evening Sun sitting in with the audience.  Supervisor Fetter stated no, that was their right.

 

Tom Kerr, Flohrs Church Road resident, stated cars parked at the bed and breakfast at the intersection of Old Route 30 and Flohrs Church Road obstructed sight distance.  He asked if anything could be done about this.  Supervisor Fetter asked Smith, Zoning Officer, to check into it.

 

Nancy McGlaughlin, Hilltown Road resident, stated there was a restaurant sign obstructing sight distance at the intersection of High Street and Hilltown Road.  Supervisor Fetter asked Smith to check into it.

 

Cindy Smith, Zoning Officer, brought up the fireworks resolution which was initially discussed at the July 3, 2008 meeting.  She asked if the Supervisors were in agreement over the required $1 million insurance as stated in the resolution.  Supervisor Spence asked if the resolution had to be adopted at this meeting.  Supervisor Fetter stated a resolution would be required if they contract police.  Solicitor Davis stated if the Supervisors chose to have a contract with an existing police department they would have to agree to a contract with that police department.  The contract would be embodied in an intermunicipal agreement and then an ordinance must be adopted authorizing the township to enter into the intermunicipal agreement.  He stated the fireworks issue may not come up until next July.  Smith stated she already had a call from a resident asking how much insurance they would need.  She told the resident that the resolution may be adopted at the December meeting if the Supervisors were interested.  Solicitor Davis stated the resolution set up a policy where the first due fire company must inspect the launch site prior to the township issuing a permit.  Solicitor Davis stated secondly, the resolution required the person to have a certain amount of liability coverage.  Davis suggested $1 million of coverage be required.

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to adopt Resolution 2008-11, the Fireworks Resolution.  Motion carried, 3-0.

 

Supervisor Spence announced that the Board of Supervisors met with Anne Thomas from the Adams County Office of Planning and Development to discuss the Community Development Block Grant (CDBG) money.  Following the meeting, Thomas sent the Supervisors a letter regarding CDBG.  Copies of the letter were made available to the residents.  Thomas stated the township would be granted a total of $399,000.  Residents could submit applications next year.  The people that were most needy would be helped first.  The second level would be helped next and then, the third level.  If any money was left over in the end, it may be used to help those that were most needy with plumbing costs.  Applications would be based on 2008 income.

Nancy McGlaughlin asked if the residents were to initiate the application.  Supervisor Spence stated yes, the residents would initiate the application.

 

McGlaughlin asked if the Seven Stars area would be included in the current project’s grant money.  Supervisor Sharrah stated no, everything would start all over again.  She asked if Seven Stars would be connected to the new treatment plant.  He stated yes.  McGlaughlin asked if the Mummasburg area would connect to this plant.  Supervisor Sharrah stated he didn’t know yet.  Supervisor Fetter stated it would depend on the cost of running the line from Mummasburg versus building another plant.  Solicitor Davis stated this would require another Sewage Facilities Plan where alternatives would be considered.  Supervisor Fetter stated DEP told the Supervisors that Mummasburg would have to be looked at but first, this project needed to be completed.  McGlaughlin asked if Seven Stars would be next.  Zack responded Seven Stars was included in the recent Act 537 Plan.  A sewage management program was implemented where the residents were required to have their septic systems pumped every three years.  Supervisor Fetter stated if the township were to extend lines it would require a change in the Act 537 plan.  The township would have to fund the change; Pennvest money could not be used.  McGlaughlin stated she thought Seven Stars would be addressed after the current project was completed.  Zack stated Mummasburg would be next.

McGlaughlin complimented the work crews stating they were keeping busy and were courteous.  She asked why the crews were “jumping around” so much.  Zack stated that had a lot to do with the work they were trying to get done along Route 30.  They couldn’t do any paving on State roads this time of year so they were also working on township roads.

McGlaughlin asked how the system will work.  Zack responded once the collection system and treatment plant were completed the township would notify the residents to arrange for hookup.  Supervisor Sharrah stated hookups would have to be phased.

McGlaughlin asked what if the gravity flow didn’t work.  Zack stated part of inspecting the project included measuring the fall at manholes.  Similarly, at the wastewater treatment plant, inspections were done regularly to make sure it was being installed correctly.

She asked what the estimated cost was to install a line from a home to the main.  Zack stated all he could tell her was what it was costing the township to have the lateral installed from the main to the property line which was $40 per foot.

 

A resident asked when he would find out the requirements for shutting down septic systems.  He had an old system consisting of a cesspool.  His garage sat on top of it.  Supervisor Sharrah told him his would be sealed once he cut his pipe, connected to the system and capped the old one.

 

Nancy McGlaughlin asked Secretary Killinger if Mike Wetzel or Carl Frantz was on the approved plumbers list.  Killinger responded there was not an approved list yet.  Frantz had submitted his information but Wetzel had not.

McGlaughlin asked for a copy of the construction schedule.  Killinger told her copies were in the lobby.

McGlaughlin asked when the certified hookup notification letter would be sent.  Zack responded it would be sent following substantial completion of the collection system and treatment plant.  The contractors had one year to complete the project.  He said if he had to give an answer it would be August 15, 2009.

McGlaughlin thanked the Supervisors for the recent mailing that went out to the sewer customers.  She cited the final question and answer in the mailing and stated she had hoped for a more compassionate answer.  She was hoping an installment plan would be offered.  She asked the Gettysburg Times reporter to print this question and answer in the paper.  Supervisor Sharrah addressed her comment about installment plans.  He stated these days no government agency would give anything on an installment plan.  Secondly, he informed her that the average EDU cost was $9,000.  The hookup fee to the resident was $4,000.  The township was financing the difference with a one percent loan through Pennvest.  McGlaughlin stated the Sewer Committee supported the Supervisors by going to the State Representatives.

 

A resident stated a lot of the older people may still need a payment plan.  Supervisor Spence stated hopefully, they would be eligible for CDBG money.

 

A resident stated he was disappointed with the communication to the local residents.  He was only given 24 hours to tell the sewer crew where he wanted to hook into the main.  Supervisor Fetter agreed with him and said the Supervisors had addressed these issues with those involved.

 

A McKnightstown resident stated she called PFHA for information as their brochure was included in the recent sewer mailing.  She said they don’t help with funding new sewer projects.  McGlaughlin had supplied the pamphlet and said it was a definite “maybe”; they weren’t very helpful.

The resident stated she had a sandmound.  She heard a rumor that if a person had a sandmound they did not have to hook up but would be billed a monthly fee.  The Supervisors told her that was wrong.  She asked what she should do with her sandmound.  Gil Picarelli, KPI Technology, responded that she could leave it there but the tank would have to be filled in.

She stated she put her house up for sale for several reasons.  One was that the sewer was going to be an extra monthly expense.  She expressed her concern for the elderly.  She felt sewer should have been addressed 20 to 30 years ago.  The Supervisors agreed.

She asked if all of the wastewater from Cashtown would flow through McKnightstown and if the pipes were large enough.  Zack responded yes.

 

Mary Grimes, Old Route 30 resident, stated three weeks prior she met with the project supervisor and Craig Zack to discuss some of her concerns.  Her first concern was that the electric high tensile fencing around her pasture would be cut in six places.  She stated the sewer crew lowered the ground level along Route 30 where it started into her property and never put it back up.  They put the fence back up and there was too much distance between the dirt and the bottom electric line.  She stated calves could get under the fence.  She was still asking for that repair to be done.  Zack stated it would get done.

She stated they trimmed trees a lot closer than necessary along Old Route 30.  She warned others to make sure they watched what was going on.  She asked how good were the inspectors.

 

Rance Lochbaum, Tillietown Road resident, asked when the clean up crew was supposed to come through and repair damages to property.  Zack asked if the sewer crew was aware of the damages.  Lochbaum stated there were stones in the yards, grass needed to be re-sodded, the driveway needed asphalt and a sign was knocked over.  Zack responded that they would wait until spring to re-sod.  He stated before final payment was given to the contractors everything would be put back.  Picarelli stated they would probably wait until spring to fix the driveway to give the ground time to settle.  Picarelli stated if they actually damaged something the residents needed to complete a damage form at the township office.

Lochbaum asked for the tapping fee calculation.  The Secretary would make him a copy of this.

 

Ron Plank, Chambersburg Road resident, stated he called the Secretary and asked to speak to the three Supervisors regarding a problem at his property.  The sewer line was put in the middle of his driveway.  It was left three inches above the driveway.  He said Zack had said he would address the problem but it had not been fixed.  Zack assured him that it would be fixed.

The other part of the problem was that his son who had done excavating work for five years wasn’t permitted to do the work for Mr. Plank.  Zack responded that the Sewer Rules and Regulation stated that the plumber or excavator had to be approved by the township.  Zack stated if he applied to the township and was approved he could do the work.  Anyone could apply.

Plank stated someone should have come to ask him where he wanted to hook in to.  He was upset that no Supervisor went to his house to talk to him after he asked them to.  Secretary Killinger told Mr. Plank that she misunderstood.  She thought after he called Craig Zack his issues had been resolved and it was not necessary for the Supervisors to call him.  Supervisor Fetter stated he would stop by to see him.

 

Darrin Flake, Tillietown Road resident, discussed the Engineering Services Agreement for the sewer project.  He asked if this could have been put out for bid.  Craig Zack stated no, the people who permitted the system had to inspect it as well.  Zack stated it did not have to be competitively bid.  It would have had to have been bid earlier in the project.  Flake stated he did not see a technical plan.  He stated they were billing their labor hours that were pre-negotiated with the township.  He stated they would have had to know how they came up with $449,000.  Picarelli stated they estimated how many hours they would have in the project.  Flake asked if the Supervisors saw a breakdown of how KPI was going to bill per task.  Supervisors Sharrah stated yes.  Sharrah stated he consulted two other engineering firms and asked them if it made good economical sense to bring in another engineering firm for a second opinion.  The first person said he wouldn’t touch it since the project was too far along.  He said if his firm were to give a second opinion they would start back at the beginning by reviewing the Act 537 plan.  He stated this process would take two to three months and cost over $100,000.  Flake agreed that wouldn’t make good economical sense but said it needed to be compared with something.  Flake asked if KPI wrote their own objectives for their own contract.  Supervisor Sharrah stated sure.  Flake stated typically, the customer gave the contractor objectives.  Supervisor Sharrah asked Flake if he would write out the objectives for an engineering firm for a sewer project.  Flake responded yes.  Sharrah stated the end result of the project had to meet the requirements of the Act 537 plan which was approved by the DEP.  Flake stated he thought this disqualified KPI from being the township’s Sewage Enforcement Officer (SEO).  Sharrah disagreed and stated he would keep KPI at the SEO and go to another source for engineering.  Flake asked if he was going to consider that.  Sharrah stated that could be considered after the project was finished.  Flake stated there wasn’t good public perception.  He stated his point was you always consider public perception when spending tax dollars.

 

Jamie Gebhart, Old Route 30 resident, asked if the water/sewer referendum on the ballot would help the sewer project.  Supervisor Sharrah stated no, not in this phase.

 

There being no further business to conduct meeting adjourned at 9:30 p.m.

 

Respectfully Submitted,

 

Lori Killinger

Office Manager/Secretary/Treasurer

 

Franklin Township, Adams County

Regular Meeting

December 4, 2008

 

SUPERVISORS PRESENT:  Daniel Fetter, Sandra Spence and Ed Sharrah

OTHERS PRESENT:  Craig Zack, KPI Technology; Gil Picarell, KPI Technology; Walton Davis, Solicitor; Lori Killinger, Office Manager/Secretary/Treasurer; Cindy Smith, 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 Sharrah, seconded by Supervisor Spence, to approve the November regular meeting minutes as pre-read by the Supervisors.  Motion carried, 3-0.

 

APPROVAL OF BILL LIST #12

MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve Bill List #12, General Fund checks 27515-27577 totaling $35,689.18, State Fund checks 6366-6377 totaling $39,337.90, Sewer Fund checks 1181-1183 totaling $495.52, 2006 Project Account checks 1069-1071 totaling $55,095.20 and ACNB Pennvest account checks 1001-1002 totaling $315,440.92.

Motion carried, 3-0.

 

PRELIMINARY/FINAL PLANS

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to approve the preliminary/final subdivision plan for Marsh Creek LLC of Chambersburg Road.  Motion carried, 3-0.

 

MOTION by Supervisor Spence, seconded by Supervisor Sharrah, to approve the preliminary/final subdivision plan and Declaration of Easement for Keystone Farms/Ernest Shriver of Orrtanna Road pending DEP approval of the sewage module.  Motion carried, 3-0.

 

Gil Picarelli, KPI Technology, stated the only comment KPI had left on the Keating plan was that the speed limit needed to be posted.

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the preliminary/final subdivision plan for the Eileen K. Keating Estate of Plantation Road pending DEP approval of the sewage module and posting of the speed limit signs.  Motion carried, 3-0.

 

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve the preliminary/final subdivision plan and Planning Waiver for the Cashtown Community Park Association of Shortcut Road.  Motion carried, 3-0.

 

REPORTS

            Cindy Smith, Zoning/Code Enforcement Officer, reported that for the month of November she issued 3 building permits with a total construction value of $50,000.  She also issued 1 flea market/yard sale permit and 1 storage permit.

She responded to a complaint she received at the October Board of Supervisors Meeting.  She stated she contacted the property owners at the corner of Flohrs Church Road and Old Route 30 regarding cars at their parking area blocking sight distance at the intersection.  The property owners indicated they longer operate a bed and breakfast at that residence.  The cars that parked there were visitors or themselves.  They said they would try to limit the cars parking there so that sight distance would not be blocked.

Smith stated Crossroads Grill moved their sign as requested

Smith presented the Supervisors with the 2009 Fee Schedule for Land and Sea Services and indicated that the changes were highlighted.  Solicitor Davis stated the Supervisors could approve the fee schedule at their Reorganizational meeting.

Nancy McGlaughlin, Hilltown Road resident, stated the Crossroad’s sign was moved for two weeks and it was back to where it was.  Smith stated she would talk to them again.

 

Secretary Killinger reported that she prepared a form, per Supervisor Fetter’s request, for those who would like to make an advance sewer connection payment.  Supervisor Fetter announced that the form was available to anyone who wanted to pay for their connection in full.

 

Supervisor Sharrah read the Road Crew Foreman report for November.  The road crew cut the bank back at the intersection of Orchard Road and Hillside Drive, filled the area with rip/rap, opened the outlets of 24 inch tiles and added rip/rap; oil and chipped Orchard Road/Hillside Drive; replaced rear axles on Unit #3; installed a “school bus stop ahead” sign on Boyers Nursery Road; cut tile crossings on several roads in preparation for tile replacement; took Unit #5 for servicing and oil leak repair; had 4 trucks inspected; put plows and spreaders on trucks and repaired as needed; filled holes on dirt roads; installed new steel and carbide edge on Unit #5; installed new tile on Poplar Springs Road; and replaced a stop sign/post/ground anchor on Plantation road.

 

            Craig Zack, KPI Technology, updated the Supervisors on the status of the Cashtown/McKnightstown sewer project.  Zack stated construction was moving along and on schedule.  Zack provided the Supervisors with an update on change order #1 for revisions to the sewer line location in the vicinity of Route 30 and Flohrs Church Road.  The change order was completed and forwarded to Mendon Pipeline.  The savings would be approximately $15,000.  A formal change order would be prepared for approval by the Supervisors and then forwarded to PA DEP to satisfy Pennvest requirements.

Zack discussed change order #2.  Additional costs were incurred by Mendon Pipeline due to abandoned utility lines along Old Route 30.  KPI researched their claims, received input from the township Solicitor and found that Mendon Pipeline was entitled to this money.

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve change order #2 for Contract 1 in the amount of $5,516.00.  Motion carried, 3-0.

 

The contractors submitted requests for payment.  KPI reviewed them and verified that the work was done.  Zack recommended the Supervisors approve payment after deducting the required 10% retainage for Mendon Pipeline, Inc. and George S. Hann & Son, Inc.

MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve the payment

            request for Mendon Pipeline, Inc. in the amount of $418,775.40.  Motion carried, 3-0.

 

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to approve the payment request for George S. Hann & Son, Inc. in the amount of $234,183.71.  Motion carried, 3-0.

 

            MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to approve and sign           

             reimbursement request #4 for Pennvest in the amount of $652,959.11.  Motion carried, 3-0.

 

OLD BUSINESS

Solicitor Davis stated FEMA redid the flood maps in the township.  FEMA provided a new model ordinance which required adoption.  Solicitor Davis changed the form a little and was waiting for a response from the FEMA office in Harrisburg.  His question for FEMA pertained to the dates of the old ordinance and the effective date of this new ordinance.  Davis stated the new ordinance needed to be submitted to FEMA by February.

MOTION by Supervisor Fetter, seconded by Supervisor Sharrah, to tentatively adopt Ordinance 2009-01, Flood Ordinance 2009, and to authorize its advertising. 

Motion carried, 3-0.

 

MOTION by Supervisor Sharrah, seconded by Supervisor Spence, to adopt the 2009 budget.  Motion carried, 3-0.

 

NEW BUSINESS

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to set the date for the Board of Supervisor’s Reorganizational meeting and regular meeting as January 5, 2009 at 1:00 p.m. and to authorize its advertising.  Motion carried, 3-0.

 

Secretary Killinger stated she received a call from an Adams Electric Cooperative representative asking if the township would grant them a right-of-way to cross the Poplar Springs sandmound driveway in order to access a pole and provide electrical service to the neighboring property.  Killinger spoke with Greg Hertz, KPI Technology, and Solicitor Davis regarding the request and they had no issues with it.

MOTION by Supervisor Spence, seconded by Supervisor Fetter, to approve the Adams Electric Cooperative Right-of-Way Easement. 

Motion carried, 3-0.

 

Supervisor Spence read the proposed personnel policy changes:

“Employees will pay 5 percent of their monthly medical insurance premium.  Township Supervisors will pay 10 percent of their monthly medical insurance premium.”

The Life Insurance section was revised to reflect a change in the amount of coverage from $15,000 to $20,000.

The Disability section was revised to reflect a change in the amount of coverage from $200 maximum per week to $750 maximum per week.

MOTION by Supervisor Fetter, seconded by Supervisor Spence, to approve the changes to the personnel policy.  Motion carried, 3-0.

 

MOTION by Supervisor Sharrah, seconded by Supervisor Fetter, to approve the change in short term disability/life insurance plan. 

Motion carried, 3-03

 

            Supervisor Spence mentioned that a question about wind towers was brought up at the Planning Commission meeting.  She was asked what the Supervisors would consider in regards to wind towers for personal use.  Would it be considered a structure and would they fall under any regulations?  Gil Picarelli, KPI Technology, stated there was nothing in the ordinances which addressed wind towers.  Solicitor Davis stated the township had a height limitation on all structures.  Picarelli asked if the Supervisors would like him to research the topic more and the Supervisors responded that they would.

 

GUESTS

            Mary Grimes, Old Route 30 resident, stated there was a deep ditch at the end of her driveway that the sewer will lay along side.  She would like the whole area piped.  She guessed it was approximately 60 feet.  She asked for the Supervisors’ consideration.  The only extra cost would be the pipe but it would make it easier to maintain.  She stated gravel washed from her driveway down through that area.  Supervisor Fetter stated he would look at that area with her.

 

Nancy McGlaughlin, Hilltown Road resident, stated there were some sidewalks in Cashtown which were disrupted when the sewer pipe was being laid.  The property owner adjacent to the sidewalk was told by the sewer contractors that it would be repaired in the spring.  McGlaughlin asked if the property owner needed to do anything else or just wait and see what happens.  Picarelli stated everything was videotaped prior to construction.  If the sidewalk cracks were caused by construction, they’ll be fixed.  Picarelli stated the property owner should call in her complaint so that it does not get overlooked in the spring.

 

Dawn Williams, Oak Tree Drive resident, expressed concern over saw cutting done by the sewer contractors at her family’s driveway of off Hilltown Road and the cold patching that was done afterwards.  She stated it would not hold up.  She complained that they did not put in blacktop base.  She asked what recourse they had if it was not put back the way it was.  Picarelli stated their bond would be held until everything was finally inspected.  Williams added that she needed to clean the drain tile out which was in the ditch next to the driveway every time it rained because the walls on both sides of the ditch were collapsing.

 

Darrin Flake, Tillietown Road resident, asked why the Supervisors didn’t allow partial payments on hookup fees.  Solicitor Davis stated there were two reasons.  No one had requested partial payments be allowed.  There had only been one request for any advance payment.  Secondly, if people wanted to do that they would be well advised to make payments to a savings account and make some interest on it.  If they make a payment to the township, the township will not be paying out interest.

 

Dale Biesecker, High Street resident, stated he was glad a sewer system was being installed as sewage had been running on the ground in Cashtown for a long time.  Biesecker said the Supervisors should consider partial payments.

 

Andy Ritchwine, resident, asked what the sewer rates and hookup fee was and if there was a discount for paying the hookup fee in advance.  Craig Zack, KPI Technology, responded that the hookup fee was $4,000, the monthly rate was $90 and there would be no discount for advance payers.

 

[At this point in the meeting, Supervisor Fetter excused the engineers, Solicitor, Secretary and Zoning Officer since no one in the audience had any questions for them.]

 

Daniel Keys, Old Route 30 resident, asked if the Supervisors were cooperating with the theft investigation being conducted by the Franklin County State Police barracks.  Supervisor Fetter responded yes.  Solicitor Davis stated any matter under investigation was privileged.  Keys suggested the township advertise for a new Solicitor before the reorganizational meeting.

 

Ed Baker stated it was his understanding the Supervisors were considering a police force for Franklin Township and suggested they have the police watch traffic on New Road and watch truck traffic in the morning on Route 30.

 

Robert Kimple opposed spending township money on any police protection other than the Pennsylvania State Police.

 

Chris Kimple opposed contracting a police department before any further discussions could be made with neighboring municipalities which have their own police and may be interested in contracting with Franklin Township.  She stated Pennsylvania State Police should be the township’s police force.  She questioned whether the township would lose State Police protection if the township contracted with another municipality.

 

Supervisor Fetter clarified that the township was not starting a police force.  The Supervisors were checking with local municipalities on subcontracting police.  Fetter stated the cost of coverage would be about $50,000 but after considering the revenue from fines the cost to the township would be approximately $30,000.

 

Dawn Williams asked why minutes were not kept on budget meetings.  Supervisor Spence stated the budget meetings were only workshops.

Williams asked when and with whom was police coverage first discussed.  Supervisor Fetter responded approximately one month ago and he would not disclose who it was discussed with since there was no reason “to drag them through the mud also”.

Dan Keys complained that it was not discussed with the township citizens.  Supervisor Sharrah indicated that in many of the meetings in 2008 traffic complaints were brought up by township residents.  The Supervisors were listening to both parties for and against police coverage.  Supervisor Sharrah stated one reason he was in favor of police was because of their capability to do speed studies.  Without police the township would need to pay an engineering firm to do speed studies.  He indicated it would be more cost effective to have local police do speed studies and speed control.

Williams stated she assumed the Supervisors would pass along to the contractor that speed studies had not been done on most township roads.  Supervisor Sharrah stated speed controls had been done in certain subdivisions.  Supervisor Fetter stated if there were signs on the roads they had been completed on those roads.  Supervisor Sharrah stated those studies were paid for by the landowners who requested driveway permits.

Williams asked how many citizens’ complaints the township received and in what area.  Was it possible to contact the State Police and let them know where the issues were?  Supervisor Spence stated they had done that, especially for the Cashtown and McKnightstown areas along Old Route 30.  Williams stated she contacted someone regarding a traffic engineering study along Old Route 30.  She stated the study would cost approximately $1,800.  After the study was completed the signs would have to be posted.  She priced signs and posts at $110 per sign.  The signs would need to be posted every half mile and within 200 feet of every intersection.  Old Route 30 would require 58 signs.  She stated two employees at $13.75 per hour would put up the signs.  If they could put up three signs per hour that would cost the township $27.50 per hour.  The total cost to make Old Route 30 legal to run traffic stops would be $8,716.25.  She stated she was not totally against a police department.  She was against something that would not benefit the citizens and would maybe end up raising taxes.  She stated she did not see how what was being proposed would affect the speed in the township or make the citizens any more secure.

Williams reported that she contacted other neighboring municipalities regarding the cost of their police coverage.  She stated $50,000 for 15 hours of coverage was ridiculous and she did not see the benefit.  She asked where the $50,000 surplus in the budget came from.  Supervisor Fetter responded it was technically $30,000 and the township cut back on the major road project.  Williams complained about the lack of preventative road maintenance.  Supervisor Sharrah stated the lowest bid that came in on Orchard Road was approximately $340,000.  The township received approximately $179,000 in liquid fuels money which did not cover the Orchard Road project.  He asked how many years it had been since the township raised taxes.  Over those years the liquid fuels money from the State had decreased.  Eventually, taxes will go up to get more road work done.  Williams asked why the township was not using its own equipment to do the project as it had in the past.  Why was the township subcontracting it out?  Supervisor Sharrah responded there were requirements on how liquid fuels money could be used and what you had to pay scale wage for.  Supervisor Sharrah stated the township spent a lot of man hours on the Blue Ribbon Road project.  His concern was what happened to the rest of the roads in the time the road crew was working on that project.  Williams asked what was done this year towards routine maintenance.  Supervisor Sharrah stated oil and chipping had to be cut back on due to price increases.  Williams could not see how spending $50,000 on police coverage was justified.  Supervisor Sharrah maintained from an engineering standpoint he believed they would get double the value out of it versus hiring an engineering firm to do speed studies.  Secondly, he stated he was not for putting speed limit signs a half mile apart on all roads in the township.  He believed the focus should be on areas that were complained about.

Williams asked where the accident statistics were.  Sharrah responded “do we want to wait for accident statistics before we do anything?”  Williams stated if the speeding was really so bad there would have already been accidents.

Williams stated she thought it needed to be thought through a little more and a better resolution come up with than what was being proposed.  Supervisor Fetter stated they were listening.

 

Nancy McGlaughlin, Hilltown Road resident, stated to the audience that she attends almost every monthly meeting and she has heard the complaints concerning speeding and traffic violations.  She stated she lived at her location for five years and had dealt with drug abuse issues, fire arms issues, domestic violence, noise pollution and speeding.  In addition, she experienced being pushed off the road by an 18-wheeler and there was no police service to help her.  She would like the township to set police coverage for twelve months with a public evaluation following and also, see that it be cost effective.

 

[At this point in the meeting the tape recorder malfunctioned.]

 

The following was summarized by the Supervisors:

Mary Kessel was in favor of police.

Darrin Flake thanked the Supervisors and stated police coverage was a good idea.  He figured the cost would be approximately $6.25 per person.

Regina Orndorff stated she was opposed to police coverage.

Francis Warrenfeltz stated he was opposed to police coverage.

Donnie Martin expressed that he was in favor of the sewer but was opposed to police coverage.  He said the money will be needed to repair the roads.  Three years from now the roads that were affected by sewer construction will need to be resurfaced.

Willie Burcham stated he was opposed to police coverage.

Gary Rebert stated he was opposed to police coverage.

Tom and Jane Culp stated they were opposed to police coverage.

Ed Miller stated he was opposed to police coverage.

Dale Biesecker stated he was in favor of the sewer but opposed to police coverage.

Jim O’Shea, Hilltown Road resident, gave some State Police statistics on traffic violations.  He stated the Supervisors could request additional coverage from the State Police.  Supervisors Fetter and Spence stated they had requested additional coverage in the past.

Dawn Williams suggested the Supervisors put their concerns in writing or meet with the State Police.  The Supervisors said they would take this into consideration.

 

There being no further business to conduct meeting adjourned at approximately 9:30 p.m.

 

Respectfully Submitted,

Lori Killinger

Office Manager/Secretary/Treasurer