March 25, 1993

The meeting of the Supervisors of Franklin Township, held in the
Township office, was called to order by Chairman Herbert Netzler
at 0900 hours.  Present were Netzler, Benjamin Sitek, David
Henderson, George Antolik and Joe Szymanowicz.

MINUTES
Sitek moved to accept the minutes of March 9, 1993 as presented. 
Henderson seconded.  Carried.

TRUCKING AND HI-LIFT BIDS
       			Trucking		Hi-Lift/Operator
Russell Standard 	$40/hr.			$50/hr.
Hoover Trucking		$45/hr.			$70/hr.
Tucci Trucking		$40/hr.			$65/hr.

Henderson moved to accept the Russell Standard bid for trucking
and hi-lift/operator needs for 1993.  Sitek seconded.  Carried.

REPORTS
Superintendent - Dave requested authority to send thank you
letters to the plow crew, R.E.A., and F.T.V.F.D. for their help
during the blizzard.  Ben so moved, Herb seconded.  Carried. 
Dave also reported that work is being done on the Athey loader.

Letter to PennDOT - Herb suggested holding up on sending the
letter until the new district manager is appointed.  On hold.

Beck Mailboxes - Ben moved to send a certified letter to Mr.
Nesselhauf and Mr. Beck telling them that if the mailboxes are
not removed by May 1, 1993 the Township will remove them and bill
them for time and expenses.  Herb seconded.  Carried.

Leisenring Complaint - Dave recommended that Mrs. Leisenring be
invited to attend the next meeting so we can find out what the
problem is.  Ben seconded.  Carried.  Ben added that cinders are
used on Mitchell hill regularly and that section of road is
checked often.  He feels the road (Eureka north) is well
maintained.

Moosa Complaint - Dave reported that during the storm the end of
Moosa's driveway was filled with snow when the plow went by.  The
Moosa's were very upset when they had to pay to have the drive
plowed.  When the plow went pass again filling the end of the
drive, Mr. Moosa called the Township and was irate and
unreasonable.  He added that he was not going to donate to the
fire department during fund drive as punishment to the Township. 
Dave recommended sending him a letter saying the fire department
was not involved.  Ben moved to send Mr. Moosa a letter stating
that it's the property owner's responsibility to clear his
driveway, that the fire department has no connection with the
Township activities and not to harass the Township secretary. 
Herb seconded.  Carried.

Attorney Richmond arrived at 0915 hours.

Sitek - recommended that the Board evaluate the storm and come up
with a policy on whether and when to close down plowing
operations.  Discussion.  Ben added that he thinks operations
should be shut down at night when visibility is near zero. 

Richmond - said he thinks you should check with the state and
P.S.P. first to see if main roads are closed.  This would
document that roads are too bad to be traveled.

Szymanowicz Complaint - Richmond presented correspondence from
Robert Taylor of Intra Global Corp., Susmarski Law Office for
property owner Phil Ramey, concerning the complaint.  Mark said
Penta Oil and Phil Ramey were not able to attend.  Joe
Szymanowicz was asked what his position is on the alleged
business.

Szymanowicz - stated that Mr. Ramey has owned the building for a
long time and used it for storage for his construction business. 
The only activity there until recently was well tenders tending
the gas wells on the property.  The new resident moved in last
year and they are not well tenders.  There is a service rig
stored there and the occupant worked on it there.  Someone has
been living in a camper in front of the building since last
summer.  There is no septic system on the property.  There was a
lot of activity during last summer with engines running.  There
was no activity during this winter.  The sign out front doesn't
advertise just identifies.

Henderson - the sign says, Intra Global, Penta Oil Corporation
and a phone number.

Netzler - what violation is there in the sign if they aren't
doing anything in the building.

Richmond - it's an indication of a problem.  We need more proof
of a business before we go further.

Netzler - find out from Mr. Ramey or his Attorney what the lease
agreement is for.  Servicing wells seems like mineral extraction
to me and that's allowed.

Szymanowicz - you can extract minerals if you're doing it on the
property.

Richmond - if you don't have a quarry or pit on the property
along with your office, it's not mineral extraction.  Mark said
he would contact Attorney Susmarski for a copy of the lease
agreement.  

Szymanowicz - said he feels the zoning officer should have taken
action, it was not up to him to do it.
     
PennDOT/Water - on hold.

Federal Disaster Assistance/Ridge - Dave reported that
approximately $4,000 was spent on the storm.  There may be some
disaster reimbursement available.  Dave moved to write to Rep.
Tom Ridge and suggest that he follow through with seeking
reimbursement for storm expenses.  Ben seconded.  Carried.

FINANCIAL AND TAXES
Bills - Sitek moved to pay Marine Bank, Davis Construction (from
the Municipal Building Fund) and the utility bills totaling
$2,949.55 general and $90 Municipal Building.  Henderson
seconded.  Carried.

Payroll - Sitek moved to accept payroll #5-93 and #6-93. 
Henderson seconded.  Carried.

Renkis Building/EIT - Dave moved to send a letter to the
contractor asking for payment of EIT owed.  Ben seconded. 
Carried.  Netzler added that a copy should be sent to Mr. Renkis.
 Dave said that the owner of the building is not responsible for
the contractor to pay taxes on his employees.

Richmond - without researching it, I agree with Dave.

Netzler - the homeowner is responsible for all things that goes
on at his property.

Richmond - I will look into it but feel it's not the homeowners
responsibility.  Discussion.

Computer Update - nothing.

Close EIT Reserves Account - Dave so moved, Ben seconded. 
Carried.

PLANNING, ZONING AND HEALTH DEPARTMENT
Appoint Kulich and Crandall - Dave moved to reappoint Gary Kulich
and Hugh Crandall to the Planning Commission.  Ben seconded. 
Carried.

Netzler - it has come to my attention that Gary Kulich took a
petition around to his neighbors against the Western Trails
subdivision.  Gary is supported as a member of the Planning
Commission but it should be clarified that he should abstain from
all votes on Antolik's subdivision.

Richmond - if he's lobbying against it he should abstain against
voting.

Henderson - he did abstain on all votes.

Clarify/Lawn Service Business in A-1 - a prospective home
purchaser wants to store lawn service equipment the property with
employees coming in the morning to get the equipment and
returning it at night.  No actual business would be conducted
from the home.

Netzler - a lawn service is the same as husbandry.

Richmond - it's not the same.  Business is not being done on the
actual property.

Henderson to Netzler - that's stretching it.  Because he mows his
own lawn doesn't mean he has a lawn service business.

Richmond - in one regard he has the same type of equipment as a
farmer but in another work is not being done on the property. 
A-1 is low density, having a business increases traffic.  This
may not be the only kind of business that wants to come in.

Sitek - he'll end up with a nursery.

Henderson moved that a lawn service business in an A-1 zoned
district is not acceptable.  Sitek seconded.  Carried, one nay
Netzler, might be contrary to the zoning ordinance. 

Amendment to Zoning Ordinance/MDIA - letter from MDIA was read.
They want us to adopt all the building codes.  Dave said we have
told them repeatedly that they are to issue building permits
only.  The zoning ordinance is the only guideline the inspector
needs right now.

Richmond - if he only enforces the zoning ordinance he has no
authority to enforce or cite if someone is building wrong.

Henderson - All he has to do is see where the set back to the
building is, size, location, issue the permit and he's done.

Netzler - I don't think we want to pick up the liability for code
inspections.  Herb recommended that "Township having enacted the
current zoning ordinance" be added to A and B.  Discussion.

Antolik/Western Trails Subdivision - Richmond told Antolik that
he had sent the list of everything George needs to do yet to his
attorney along with copies of letters from Erie County Planning
and DER.  County Planning's recommendations were reviewed.
   
Antolik - the new plans include a dedication statement on them.

Henderson - that's different from the dedication statement that
we accept the road.

Antolik - you accepted the base of crushed asphalt, can you
accept the tar and chip also.

Richmond - you can make the recommendation here based on adequacy
for traffic flow.  You can waive the regulations so long as
you're not endangering the public.

Henderson - how much latitude do you have when your ordinance
specifically says what to use.  I don't have a problem with the
street and cul-de-sac having a tar and chip surface but the
ordinance says something different.

Richmond - you're not going from black to white.

Henderson moved to accept a triple coat tar and chip surface for
the initial 1000 feet of road, including the cul-de-sac, in
Western Trails Subdivision.  Netzler seconded.  Carried.

Henderson - for the second section of the road, you may not want
tar and chip.  It would be a through road with more traffic.

Henderson - the Planning Commission will say George needs a
developers agreement, a bond will be included for finishing the
road.

Netzler moved to require a bond in the amount of $7,500. 
Henderson seconded.  Carried.  Dave added that the $7,500 assumes
the road is completed from base and subbase up to the surface
coating.  The $7,500 is for the top coat only.

Antolik - the road has 3 inches of gravel and needs another 3
inches.  The $7,500 includes that 3 inches of gravel and the tar
and chip.

Netzler - No.  Before the $7,500 kicks in the base and 6 inches
of gravel must be done.

Antolik - I have 16 inches of material down now.  The $7,500 is
more than enough to finish the road including tar and chip.

Henderson - one of the subdivision ordinance regulations is that
George has to make the road meet the specifications of the
ordinance.  If George wants our approval for the road he must put
up a bond whether we take it over or not.

Attorney Richmond will see if we can release George's bond
whether we take over the road or not.

Sitek - I don't want to agree to take over the road and release
the bond.  

Richmond - he's building the road at his own risk right now.

George Antolik left the meeting at 1053 hours.

Industrial Park - Herb said he will have something by next
Tuesday evening meeting.

Occupant/Greiner Trailer - Ben reported that he stopped to see
the occupant.  He says he is not in business.  He said he stacked
the pallets to use as a wind break and will use them on his
property.  He has a pallet business in town.  He has pallets on
his truck overnight only.  Ben feels there was no reason for the
complaint.  Dave moved to table the item.  Ben seconded. 
Carried.

Carnes Building Permit Application - Richmond explained his
opinion which was that you can not distinguish between types of
homes without a reason, saying that it was based on a PA Supreme
Court decision.

Henderson - we have an existing trailer and to get around the
septic rules and to have a son or daughter live there, the second
dwelling is connected with a breezeway.  The Health Dept. okays
it.  The question is now we have lost the single family dwelling.
 You can connect a third or fourth trailer.  Discussion.

Netzler - you can't say you can't put in another trailer and
allow a big addition and put another family in it.

Sitek - Schroeck and Associates told us that ordinance (#5-91)
was legal, why?  Now you're trying to back out for another
person.  Now you research it and say it's illegal.  What's right?
 What's to keep someone from putting trailers in with a tunnel to
connect them, that's legal?

Richmond - as a practical matter, maybe only trailers will be
effected.  Change the ordinance to "any residential structure"
instead of mobile home.

Sitek - a lot of our septics are already overloaded and
polluting.  The Health Dept. better get their act together.

Richmond - the Health Dept. must see a breezeway as making it one
home.

Sitek - the problem must be addressed to benefit the Township. 
This is going to snowball.  I want to see a letter sent to the
Health Dept. addressing this issue.  They are putting the monkey
on our back instead of their own.

Richmond - the Health Dept. says what they can do as far as
septics are concerned.  They still have to comply with the
ordinances of the Township.

Sitek - Mr. Carnes should have been told his request was against
the Township ordinance right from the start.

Richmond - a letter should be sent to the Health Dept. and Pete
Holmchenko that it's against the Township ordinance.  In the
future this ordinance may be challenged by an applicant.

Sitek - it's up to the applicant to challenge it if he wants.

Richmond - to protect yourself, the ordinance should be revised
to say all structures not just mobile homes.

Sitek - I don't want to throw it out, revise it.

Sitek moved to amend ordinance #5-91 to include all structures. 
Henderson seconded.  Carried.  Henderson moved to reject the
building permit application of James Carnes.  Sitek seconded. 
Carried.

SOLICITOR
Cable T.V. - nothing.

Load Limits - Ben asked how it would be policed.  Mark will
contact PennDOT and said an engineering study will have to be
done.

E.S.T.A. Lease Draft - Mark said he needs a surveyors
description.  Revisions were made.  Discussion on workers comp.
coverage for non firepersons.  Herb suggested adding a clause
holding the Township harmless.  The Use of Premises clause needs
more clarification.  The fire dept. should be allowed to use the
parking lot as long as it doesn't interfere with ESTA's use.

Mitchell's House Fire - Herb suggested that the Solicitor contact
the fire marshall to see if the case is closed.  If so, ask
whether the building can be torn down by the insurance company. 
If the Township tears it down, is the insurance company required
to reimburse the Township for costs.

OLD BUSINESS
Sesquicentennial - nothing.
Clean Up - date set.
Boy Scouts - nothing.
Safety Seminars - nothing.
Roof Leaks - nothing.

Auction Update - the fire dept. wants a letter on use of the
facilities.  Sitek moved to have Dave write and send the letter. 
Netzler seconded.  Carried.

Triathlon - Dave moved to authorize fire department and fire
police participation if needed.  Ben seconded.  Carried.

NEW BUSINESS
List of Distressed Communities - list read, includes Harborcreek
Twp., Summit Twp., Lawrence Twp.  Discussion on formula for
determining a distressed municipalities.  Dave moved to send a
letter to our legislators saying that the formula and list is
ridiculous.  Ben seconded.  Carried.

Phone Recorder - Dave moved to buy a new recorder that sets the
time and date.  Ben seconded.  Carried.

CORRESPONDENCE
A letter will be sent to Barbara Kroh of the summer food service
program recommending that she contact the fire dept.

Athey Loader - Dave moved to buy the needed parts for the Athey. 
Ben seconded.  Carried.

Summer Road Projects - Dave said we are down about $4,000 from
the storm and asked what was to be cut.  Herb said to wait until
road inspection in April.  Dave said crushing could go from
10,000 yds. to 5,000 yds., could cut Francis road coating or pay
half of Fry road bridge and ask Washington Twp. to carry the
other half.

Gravel Pit - Hoover says there is too much clay in the gravel for
production plant use but there is plenty for Twp. use.  He
recommended keeping the material for Twp. use.  Herb said he
doesn't like outstanding carry over debts.  Dave said paving
Francis and Fry road bridge are in the budget.  Ben suggested
crushing 5,000 yds and added that we will look at it again in a
month after road inspection.

Major Storm Policy - Ben asked what the cut off point is in a
major storm.  The recent storm cost a lot of money.  The main
roads weren't even plowed.  Should the Twp. cut off if drivers
can't see.  Discussion.  Dave said the trucks weren't stuck from
not seeing but from hitting heavy snow and being sucked into the
ditch.  Discussion.  Ben feels that there should be a cut off
point.  Herb said the JCB could have been used for towing, it's
the best wrecker going.
                                                   
Dave said he asked the drivers if they could see and if they were
making progress and they said yes.  If roads weren't plowed,
there would have been more pay loader time involved and loaders
are more expensive to run than our trucks.

Netzler - it's stupid to close down.  If an emergency situation
arose and the roads weren't plowed, I couldn't live with that. 
Discussion.

ADJOURN
Netzler called the meeting adjourned at 1220 hours.

Bonnie J. Bernhardt, Secretary