March 9, 1993

The meeting of the Supervisors of Franklin Township, held in the
township office, was called to order by Chairman Herbert Netzler
at 2000 hours.  Present were Netzler, Benjamin Sitek, David
Henderson, Hugh Crandall, Greg Soltys, Michael Siverling, George
Antolik and his prospective buyers and Daniel Parker.

MINUTES
The minutes of February 25, 1993 were approved in a motion by Ben
and second by Dave.  Motion carried.

VISITORS
No comments.

REPORTS
Superintendent - Dave reported that roads have been plowed and
cindered, the building and equipment was cleaned.

Letter to PennDOT - will be written and sent soon.

Letter to PennDOT on ditches - Herb said that people with plugged
ditches on state roads should contact PennDOT to correct the
problem.  The Township is to take care of ice and snow in the
winter, not ditches.

Sitek - how many people in the Township on state roads are having
the problem.  A letter is all right but in the future when the
Supervisors get a complaint, we should tell PennDOT the name,
phone number, complaint and ask them to verify it.  If residents
call with a complaint and don't give their names, there's no
complaint and no action will be taken.  No name, no complaint.

FINANCIAL AND TAXES
Bills and Payroll - Ben moved to pay the bills as listed except
for PA One Call and Valk Mfg. (items not received) totaling
$2,677.94 general fund.  Dave seconded.  Carried.  No payroll.

Renkis Building/Tax Collector - Herb asked if the Board was happy
with June's letter.  He feels the building construction was
taxable as is the stable help.

Henderson - the stable help is not earned income.  How can you
police an out-of-state contractor?  Unless they get caught, they
don't pay EIT.  Big builders are in tune to pay their taxes,
small contractors would have to be caught.

Sitek - questioned how other township's handle similar situation?
 Herb said it should be policed by inspectors.

Sitek - write to the contractor and tell them they owe the
Township 1% e.i.t. on that building.

F.D./Workers Comp. and Computer Update - nothing.

Minute Book/Planning Commission - Netzler moved to purchase a
minute book for the Planning Commission for $130.  Henderson
seconded.  Carried.
 
PLANNING, ZONING AND HEALTH DEPARTMENT
Report - Mr. Carnes filled out a building permit for a mobile
home to be put on his two acre lot for his son to live in.  It
would be attached to the present trailer by a breezeway and use
the existing well and septic.  The Health Dept. okayed the plan.

Netzler - it's against our ordinance #5-91 but is the same as
allowing Mary Ann Wilkinson to put her modular home on her
mother's lot.  We can't discriminate against a trailer.  It's a
single family dwelling.

Sitek - our ordinance says no.  What about two family dwellings
on property zoned A-1.

Henderson - the Wilkinson case is different, that's a modular
attached to an existing house as an addition.  We passed an
ordinance against this in 1991.  It says you can't attach two
mobile homes together.  Neither Wilkinson structure qualifies as
a mobile home.

Soltys - the ordinance was written to prevent exactly this from
happening as it happened on Mohawk road.

Netzler - I don't know how legal our ordinance is.  We should
discuss it when the Attorney is here.  If we have any growth at
all, it will be from the Health Dept. okaying two dwellings using
one septic.

Sitek - we have an ordinance here to follow.  If it's proven
wrong then throw it out.  The Health Dept. is okaying but it goes
against our ordinance.  Maybe we should throw out all our
ordinances.  Using them depends on which way you lean, is it a
friend asking or an enemy.  What kind of growth do you want.

Netzler - you can't discriminate against mobile homes.  The
Supreme Court decided that.  The Health Dept. says it's an
addition as long as they're attached.

Henderson - take it up further with the Attorney.

Sitek - unless you throw out ordinance #5-91, I'll vote against
it.

Soltys - we wrote that amendment to protect the Township against
this sort of thing.

Occupant of Greiner Trailer/Complaint - the letter asking the
occupant to attend this meeting was sent.  No show.  Sitek
volunteered to go see the occupant and ask if he got the letter, 
why he didn't attend if he did and what his intent is on the
pallets.  He will be told that we received a complaint from his
neighbors.

Sitek - reported that he stopped at Crotty's on Eureka but no one
was home. (snow plowed across the road and left piled into the
road).  Henderson said P.S.P. doesn't think it's an obstruction.

Amendment to Zoning Ordinance - nothing.

Siverling Variance - Henderson moved to hold a variance hearing
for Mike Siverling on his rear lot variance request.  Sitek
seconded.  Mr. Siverling said that his adjacent property owner,
John Bardo verbally said it was all right with him. 

Western Trails Subdivision/George Antolik - Antolik - according
to the subdivision ordinance page 17 Section 305.1, if my plans
are not approved within 45 days they automatically become
approved.  I first submitted them in December, 1992.  I have
people who want to buy.

Henderson - your preliminary plan hasn't been approved by the
County yet.  Jake Welsh called and said the plan needs:  a
dedication statement on roads, road names, soil sedimentation
report, access reservation for right-of-way for future road,
street names for each section of block, building set back lines.

Netzler - I don't care about the 45 days, we won't approve the
plan until all the requirements are met.

Soltys to Antolik - in January we told you this was a major
subdivision.  You are the one who insisted that it was a minor.  
The March 3rd meeting was the first time that you presented these
full plans.

Henderson - you were given what you needed to do in the March 3rd
meeting of the Planning Commission.

Henderson moved to accept the preliminary plan for the Western
Trails Subdivision.  Sitek seconded.  Carried.
 
Netzler - The Attorney said the road must be built to the
ordinance specifications but does not need an agreement.  He will
look into tar and chip instead of blacktop.  George doesn't need
a bond but we don't have to take the road over.

Henderson - George, you put up a bond if we agree to take it
over.  We aren't to that point yet.  The Planning Commission will
review the final plan.  You will have to satisfy them.  In
regards to the road and developers agreement, the Planning
Commission will decide whether to have an agreement and will give
their recommendations to the Supervisors concerning the road.  If
the commission suggests the road become a Township road, they
will recommend posting a bond.

Soltys - the Township still has the option on whether to accept
the road or not.

Henderson - yes, but some townships have been forced by the
Courts to take over roads.

Sitek - if it is built to specs., there's no reason not to take
it over.

Crandall - do we have to see sewage plans for the whole
subdivision?  Is the Health Dept. aware there will be 13 homes?

Henderson - yes.  If the Health Dept. runs tests and says no
more, George is stopped.

Crandall - George told us homes would be in the $65,000 range,
now he's saying $125,000 range.  Do we have any assurance that
there will be no trailers or junk.  George answered that it's in
the developers agreement.  Herb added that we can't tell anyone
what they can put on their lots.

Soltys - if there is only one lot on the corner and the road goes
back 1000 feet, are you responsible for the whole road?

Henderson - yes, we would maintain it whether homes are on it or
not.

Prospective buyer - we've been applying for extensions on our
loan application.  The time frame is cutting it close for us and
our financing.

Henderson - the final plan will go the the Planning Commission,
then the County and back to the Supervisors.  If George gets all
his details together, it can be done in April.  George has to go
according to section 703 of the subdivision ordinance. 
Discussion.

Henderson to Antolik - we can set up a special P.C. meeting but
we must reserve judgment until we see a letter from Erie County
Planning.

Sitek - apologized for time delays and confusion to the
prospective lot owners.

SOLICITOR

The Solicitor is working on all the following:  M.D.I.A., Cable
TV Review, Szymanowicz Complaint, Load Limit Ordinance.

OLD BUSINESS
Sesquicentennial, Clean Up/Town Hall/Goodban School, Fire
Dept./Safety Meetings, Mohawk Rd./Liquid Fuels - nothing.
Fire Police - will call Darlene Roberts to see who has been
sworn.
Industrial Parks - Herb said he talked to Judy Lynch.

NEW BUSINESS
Pickup Truck - Herb reported that surplus has a new policy.  If
you write to Scott Pepperman and tell him what you want, they
will find you what you requested.  They try to match what you
want with what they have.  Discussion.

Henderson - said he will have the two trucks going into the
auction inspected beforehand.

Warrant Tax Collector - Henderson moved to warrant tax collector,
June Suhy, for $59,302.62 for 1993 real estate taxes providing
she settles with the County for 1992 taxes on March 12, 1993. 
Sitek seconded.  Carried.

CORRESPONDENCE
Sitek moved to sign the gas and diesel contract with Erie
Petroleum accepted last month.  Henderson seconded.  Carried.

ADJOURN
Netzler called the meeting adjourned at 2128 hours.

Bonnie J. Bernhardt, Secretary