January 28, 1993

The meeting of the Supervisors of Franklin Township, held in the
Township office, was called to order by Chairman Herbert Netzler
with the Pledge of Allegiance at 0900 hours.  Present were
Netzler, Benjamin Sitek, David Henderson, George Antolik, Ralph
Heidler, and representatives from M.D.I.A.

MINUTES
Sitek moved to approve the minutes of January 4, 1992 as
presented.  Henderson seconded.  Carried.

VISITORS
None.

REPORTS
Superintendent - Henderson reported that the building was
cleaned, roads were brined, plowing was done as needed.

J.C.B. - Dave reported that Anderson Equipment called to say that
the bill they sent will be revised again.  We will have to pay
for labor charges only (est. $800-1,000).

New Drivers Wage Rate - Dave moved to set the wage for new
drivers at $7.26 during their two month probationary period.  Ben
seconded.  Carried.  Herb recommended writing to the P.S.P.
Girard barracks to request a letter of verification on C.D.L.
licenses on all our drivers.

PennDOT Letter - Herb recommended waiting until Old State is bare
so road deterioration can be assessed.

Trucking Bids, 1993 - Henderson moved to advertise for trucking
bids for 1993 with bid opening set for March 25, 1993.  Sitek
seconded.  Carried.

Girard Gravel Pit Mining Quotes, 1993 - Henderson moved to
request quotes for excavation for the 1993 season at the Girard
pit.  Sitek seconded.  Carried.  Expected needs are below the bid
limit.

FINANCIAL
Bills - Dave moved to pay the bills as listed excluding Anderson
Equipment (J.C.B.) and PA One Call totaling $12,268.61 general
fund.  Sitek seconded.  Carried.  Will hold up on the 2nd and 3rd
quarter advances to Edinboro Borough pending the Solicitor's
opinion.

Payroll - Sitek moved to approve payrolls #1-93 and #2-93. 
Henderson seconded.  Carried.

Renkis Building Report from Tax Collector - hold.

PLANNING, ZONING AND HEALTH DEPARTMENT
Antolik Subdivision - George Antolik presented his Mylar which
shows plans for parcel B and C and parcel D (existing home and
barn).  George said he is looking for approval of his road and
asked what he needs to do to get approval for lots B and C and
what needs to be escrowed for his road.

Netzler - the road must be 33' from center of ditch to center of
ditch.  All new subdivisions must now go through D.E.R.

Henderson - the road depiction on the Mylar is identical to what
is in our ordinance.  The road must be completed before the
Township will consider taking it over.

Netzler - the Solicitor will have to determine whether this
subdivision must go to DER or if it is grandfathered in because
the Health Dept. has already approve the septics for lots B and
C.

Henderson - the first thing required is to complete the road.  We
will look at the subbase then determine what is required.

Antolik - the bond agreement will be to assure a finished road. 
The Township would not take it over until it is finished.

Sitek - I would like to see all new roads that the Township takes
over finished with tar and chip.

Attorney Mark Richmond arrived at 0925 hours.

Antolik - I have no problem with tar and chip as long as
Silverthorn is tarred and chipped up to my subdivision.  I plan
on the subdivision road being 3000 feet long in the end.

Discussion on whether Antolik is required to pave his road.

Joseph Franks, M.D.I.A. - a development agreement could be drawn
up which states that the developer and the Township agrees to a
tar and chip surface on the road up to the cul-de-sac and that
the road will be extended for future development less the
cul-de-sac (it will disappear).  Paving begins with the
subdivision not Silverthorn.  State calculations for lane mile
would determine the escrow amount needed.

Henderson - George must put a base of gravel over the subbase. 
If he uses a hard surface treatment it must be a FJ or FB
surface.  Our ordinance doesn't allow tar and chip.  The
ordinance would have to be amended to a lesser specification.

Antolik - the cost of the road surface would determine the cost
of the lots.

Netzler - you don't get enough taxes off a subdivision to
maintain the road.  The rest of the taxpayers end up paying more
for that subdivision.

Sitek - we have other situations like that, people on blacktops
pay for people on dirt roads.

Franks - have the Solicitor draw up an agreement and both parties
review it.

Mark Richmond - you can send in the sewage module to DER with a
cover letter stating that no commitment for approving the road
and lots has been made.  The road and lots are a separate issue.

Franks - you would have trouble getting DER approval without a
copy of the approved plan.  They have no way of identifying where
the septic systems would go.

Richmond - the cover letter could say it was for informational
purposes only.

Henderson moved to have the Solicitor draft a cover letter to be
sent with the sewage modules for the Western Trails Subdivision
identifying the three lots saying it's upon approval of an
agreement, to be drawn up by the Franklin Township Solicitor,
between the Township and George Antolik and approved by M.D.I.A. 
Explain that the purpose of the Mylar enclosed is for
informational purposes only, no formal approval has been granted
as yet.  Sitek seconded.  Carried.

Proposed Amendments to Zoning Ordinance - Mr. Franks saw no
problem with grain and manure storage facilities not needing a
permit as they are exempted elsewhere in the ordinance. 
Discussion on square footage of accessory structures.  Mr. Franks
stated that a structure equal to 120 sq. ft. or larger needs a
permit, less than 120 sq. ft. does not need a permit.

Section IIB - Mr. Franks stated that this does not apply in an
agricultural area.  The letter of consent from neighbors is only
needed if the applicant cannot be 15' away from the property line
of his neighbor with his new construction or accessory building. 
If he is further away than 15', there's no problem, no letter is
needed.  He added that an accessory structure is generally
considered as movable.  He recommended adding the Planning
Commission's words to the fee schedule that grain and manure
storage facilities are exempt from permitting.  However, the $20
administration fee should be kept in the schedule.

Henderson - at some point there's an inclusion or exclusion of
when an accessory structure is included by the Assessment office.
It would be interesting to determine that point.

Attorney Richmond was instructed to move ahead with the
amendments to the zoning ordinance.

Henderson - we must clarify that the Township has not adopted the
Boca code.  We have hired M.D.I.A. to issue building permits
only.

Netzler - we can make a resolution here today to sign the
agreement but will revise it saying we do not adopt the Boca
code.  Discussion.

Franks - people have been paying for electric inspections for new
homes already, it comes through their electric bills.  Consider
the adoption of codes, it makes things more competitive and
uniform.

Attorney Richmond will draw up the new agreement.

Amendment to Zoning Ordinance - on hold.

Pieper as Chairman of P.C. - It was explained that Larry was
sitting as honorary chairman when he was zoning officer.  He had
no official capacity.  Henderson moved to direct the Planning
Commission, in accordance with Act 247, to elect one of their
members as chairman and to do it each year.  Sitek seconded. 
Carried.

Farmer Trailers - Herb reported that the trailers do not show up
on the tax roles.

Wagner Conditional Use Permit - Henderson moved to have the P.C.
give their recommendations.  Sitek seconded.  Carried.

Renkis Building Report from Tax Collector - Herb recommended that
the Solicitor research the EIT laws.  Henderson stated that he
doesn't need to research something June already found out, adding
that attorney fees have to be held down.  Henderson moved to have
June Suhy provide details of her findings.  Sitek seconded. 
Carried.

SOLICITOR
EIT/Borough of Edinboro - Richmond said that June recommended
paying the quarterly advances.  She doesn't feel the amount of
the deficiency is worth fighting over.  Sitek moved to pay the
2nd and 3rd quarter advances for 1992 to the Borough of Edinboro
totaling $924.  Henderson seconded.  Carried.
     
Henderson moved that the Township declines to pursue any further
action with Edinboro Borough in regards to the deficiency in
their E.I.T. payments.  Sitek seconded.  Carried.

Cable Television - nothing.

Szymanowicz Complaint - set up meeting for next meeting.

Set Solicitor's Wage - Henderson moved to set the Solicitor's
wage at $50/hr., $100/meeting.  Sitek seconded.  Carried.

County as Collector of Real Estate Transfer Taxes - Henderson
moved to appoint the County of Erie to collect the real estate
transfer tax.  Netzler seconded.  Carried.

B.F.I. Billing/Waste Management - Richmond will get his opinion
in writing before the next meeting.

F.T.V.F.D. Fire Police - Henderson stated that Richmond's opinion
is not correct, the Chairman of the Board is not allowed to swear
in fire police.  Netzler replied that it's in the State law.
    
Sitek - I was always told that I couldn't swear them in.

Henderson - the second class township code was to be amended so
that the Chairman of the Board can swear in fire police but it
wasn't passed.  If the chairman is not empowered by the
Commonwealth to give an oath, he can't give the oath.  The legal
opinion of PSATS is that they cannot give the oath.

Netzler - said he will arrange for Darlene Roberts as a notary to
come to the fire hall to swear them in.  Herb will also contact
F.P.-1. 

Henderson moved to have Darlene Roberts swear in the F.T.V.F.D.
fire police.  Sitek seconded.  Carried.

OLD BUSINESS
Sesquicentennial - nothing.
Clean Up - nothing.

Boy Scouts - Henderson moved to send Rick Bain a letter saying
the decision on a three year commitment is his, we'll go with his
decision.  Sitek seconded.  Carried.

Ferrick/Harassment of McKean - Dave said that several new
appointees in McKean were harassed by Mr. Ferrick to the point of
their resignation.  Bob Weir asked if we would add our complaints
to theirs.  Henderson recommended sending a letter to McKean
Township stating that we support their charges, asking them to
subpoena us to testify, if needed.  Richmond said we should find
out if McKean has filed charges.  Sitek said they could subpoena
all the surrounding townships, we've all been harassed by Mr.
Ferrick.

Sitek moved to authorize Dave to talk to McKean and find out if
they filed charges.  Netzler seconded.  Carried.

Zessinger Pit Garbage - Dave moved to file charges against the
people who dumped garbage in the pit.  Ben seconded.  Carried.

Fry Road Paving Committee Report - Bank balance is $17,112. 
Garage sale in June.

Fire Dept./Twp. Safety Seminars - no reply from them.

NEW BUSINESS
Fire Dept. Use of Twp. Parking Lot - It was agreed to give them
the authority to use the lot as long as we are notified and they
do not block the doors during snow season.

County Municipal Auction, 1993 - Auction is April 13.  Auctioneer
is requesting use of our facilities and equipment.  We will get a
1% commission.

Netzler - we should get 1% on buy backs as well as sales.  We got
stung last year.  Herb is researching how much we lost last year
on buy backs.  Sitek said he feels we should have gotten paid on
everything.  Herb added that some people paid 8% commission, some
10%.  Dave said dealers paid the 8%.

Sitek - why should a municipality on a tight budget pay more
commission than a business making money.

Henderson - this is being promoted as a county wide auction, how
much authority do we have to tell Teitsworth what to charge
people.
  
Henderson moved to allow Teitsworth to use the Township
facilities and equipment for an auction on April 13.  Sitek
seconded.  Carried.  Henderson moved to put the two old pickups
in the auction and some odds and ends from the back building. 
Sitek seconded.  Carried.

Triathlon 1993 - Henderson moved to go along with the Triathlon
as long as the certificate of insurance and other paperwork is in
order.  Netzler seconded.  Carried.

Hoover Gravel Pit Operator Bid - Mayer Bros. were not interested.
Discussion on accepting or waiting.  Sitek moved to accept
Hoover's bid.  Henderson seconded.  Carried.  Henderson moved to
direct the Solicitor to draw up a contract in conjunction with
Hovver's solicitor.  Sitek seconded.  Carried.

Discussion on Francis Road - Dave will find out who is hauling
logs out and ruining the road surface.  We will try to get
reimbursed for damage done.  Discussion on the gas and oil well
ordinance.  Henderson recommended that the Attorney look into
consolidating the gas and oil drilling ordinance to include all
other applicable operations plus posting roads.  Sitek seconded. 
Carried.  Richmond is to see if there is anything in the present
ordinance pertaining to timber haulers and to find out if road
postings for one road only is legal.

ADJOURN
Netzler called the meeting adjourned at 1215 hours.

Bonnie J. Bernhardt, Secretary