April 22, 1993 The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order at 0901 hours by Chairman Herbert Netzler with the Pledge of Allegiance. Present were Netzler, Benjamin Sitek, David Henderson, Attorney Mark Richmond and George Antolik. MINUTES The minutes of April 13, 1993 were approved as presented in a motion by Henderson and second by Sitek. Carried. VISITORS Bill Smith of Makco Mfg. - stated he wants to erect a sign on his property along I-79 advertising the Edinboro Inn. The sign would be on the north side of Crane. Herb told Mr. Smith that he should get verification from PennDOT first (Twp. has no jurisdiction over the interstate) and then come back to the Board. Mr. Smith left the meeting at 0914 hours. REPORTS Superintendent - Dave reported that roads are being shaped up, equipment was painted and truck #6 is back in service. Letter to PennDOT - will be done. FINANCIAL AND TAXES Payroll - payroll #8-93 was approved in a motion by Sitek and second by Henderson. Carried. Bills - Sitek moved to pay the bills as listed less PA One Call, TPS Distributing (manufacturers adjustment on tires) and Valk Mfg. (not received) and to pay the Erie Insurance payment from the Fire Dept. Fund (partial payment for their share of wk. comp.) and to pay Marine note when funds are received. Total - $4,859.01 gen. fund, $4,351.82 state fund. Henderson seconded. Carried. Computer Update - nothing. SOLICITOR Antolik Subdivision - Richmond stated that in his opinion George will have to comply with our sub. ord. and PennDOT concerning the type of road surface required on the subdivision road. Performance assurance is mandatory. Prospective lot owner - asked if a portion of what they owe George could be put directly into bonding. Can it be included in the agreement. Antolik said he did not have the $12,000 for the bond. Netzler said that if the first purchaser puts up the $12,000, the bond is satisfied. Henderson added that there would be a three way closing, an agreement between Antolik and the Township and an agreement between Antolik and the purchaser. Richmond will attend the closing on behalf of the Township. Netzler - we can okay this and hold the Mylar and copies until the bond is satisfied. Richmond - the Township has a problem with #7 in the developers agreement concerning the dedication of the road. Antolik - I want it in the agreement that if I build the road to specs. the Township will take it over. There will be seven lots on that road. Netzler - we won't if there's only one house, we need that option. Sitek - I want that option, you can accept it or not. Sitek moved to sign the developers agreement which includes the option for the Township to take over the road or not and to sign the Mylar contingent on the posting of a performance bond in the amount of $12,000. Henderson seconded. Carried. Discussion on when to release the bond. Richmond said it can be released when the road is completed and approved or can be held until the road goes through a winter. A percentage can be returned and percentage can be held back. Netzler said he would agree to hold 20% on the contingency that if repairs go over the 20% the excess of the 20% can be collected from Antolik. Richmond added that requiring the bond does not mean accepting the road. Antolik said he could live with holding 20% of the bond. Netzler said George would be responsible for maintaining the road for one year after the Township takes it over. Antolik - can you change the ordinance for future roads to tar and chip? Richmond - assuming that PennDOT would okay it, the ordinance could be changed. Netzler - if we change the ordinance, future roads could be tar and chip. This road is set for a F-B surface. Amendment to Zoning Law - the Planning Commission wanted certain structures excluded such as dog houses, silos, grain storage bins, small prefab storage buildings, calf pens, etc. Richmond will write the amendment. M.D.I.A. Fee Schedule - Henderson stated that the zoning ordinance says fees are set by the Supervisors each year. As the new fees were not set in January, Henderson moved to set the fees for M.D.I.A. as listed; $20/site visit for zoning ordinance inspection or complaint, $20/site visit for subdivision requested site visit, $40/meeting requested by Township, $75/hour expert witness fee with a minimum three hour charge. Sitek seconded. Carried. Mitchell House Fire - waiting for P.S.P. E.S.T.A. - waiting for their attorney. Cable T.V. - waiting for the government regulations. Load Limits Ordinance - Richmond will review the PennDOT bonding procedures. Szymanowicz Complaint - Richmond reported that he has not had a reply from Attorney Susmarski. Mr. Taylor from Intra Global said he has been there a year and services gas and oil wells from that site. He may purchase the property and is presently living in a camper on the property. He has no agreement with Mr. Ramey and questions Joe's reasons for complaining now. Richmond said that Mr. Taylor confirmed Joe's complaint and that his business does not fit mineral extraction for an A-1 zone. Mr. Taylor should be advised that his business does not fit a permitted or conditional use for an A-1 zoned district. Richmond added that if he buys the building and changes the use it was originally built for, it is questionable whether he would be grandfathered in. Mr. Ramey would be but Mr. Taylor would not. Henderson - I agree with Joe, it's A-1 and should be kept as such. We have a problem popping up here that's going to bite us. Richmond - you can not enforce the ordinance down the road if you don't enforce it now. Netzler asked "what is compliance". Richmond answered that it's use in a manner as listed in the zoning ordinance. Mr. Taylor could apply for a variance. Henderson - tell him to apply for a variance. He has a right to have a hearing before we consider shooting him down. The citizens in the area then have a chance to complain. Richmond will send Mr. Taylor and Mr. Ramey a letter to that effect. Tax Collector - Herb questioned whether people receiving Act 511 tax money or signing a receipt for money received for the tax collector should be on her bond. Richmond stated yes, the Act 511 tax collector is a bonded position. Anyone who is handling the money should be bonded also. He added that anyone who knows what people make should keep that information confidential. Sitek - if this is a rumor, the people involved should be called in and talked to first. Richmond - as a Township employee, Mrs. Suhy can be called in and a discussion can be held in private. Sitek moved to write June Suhy a letter asking her to come in for an informal discussion. Henderson seconded. Carried. Township Liability for Damage from Road Conditions - Richmond recommended telling the resident to submit a letter to Erie Insurance, that takes the load off the Supervisors shoulders. Netzler stated that Silverthorn was closed, snow and washouts are an act of God, not a result of our maintenance. Richmond - even in an act of God, the Supervisors were aware of the problem and closed the road. This is for the insurance company to call. You were working on the problem. The less said by the Supervisors in a case like this the better. Netzler - if our employees say something, it can hang the Board. One supervisor cannot bind the Board but an employee can. Sitek - I don't want to see a precedent started here. Permanent "NO PARKING" signs in front of FTVFD - signs would be erected to prevent parking on both sides of the road from Rt. 98 east past the fire dept.'s second driveway. Henderson moved to have the Attorney write the ordinance. Sitek seconded. Carried. OLD BUSINESS Sesquicentennial - nothing. Goodban School - Claybro has made arrangement with FTVFD to burn. Roof Leaks - nothing. Safety Meetings - nothing. Industrial Parks - nothing. Old Town Hall - Steve Chivari said he will close and clean up around the building. Henderson moved to extend Chivari's deadline until May 11, 1993. Sitek seconded. Carried. Occupant of Greiner Property - Ben gave the occupant a copy of the nuisance ordinance. NEW BUSINESS Nesselhauf and Beck Mailboxes - both certified letters were returned unclaimed. Mr. Nesselhauf told Ben that he will change his box and attach the Beck mailbox onto his. Ben will hand deliver the approved mailbox design to Mr. Nesselhauf and tell the Beck renter that her mailbox will be removed. Approve Farmer Septic Module and Mylar - Henderson moved to approve the septic module and to sign the Mylar when it comes back from the County. Sitek seconded. Carried. Murdering the Birds - Dave reported that the starlings that nest in building #2 make a mess of the equipment stored there. Poison perches can be used to eliminate them at $18.50 per perch, 10-12 perches needed. Henderson moved to hire General Exterminating to do the job. Sitek seconded. Carried. George Antolik and reporter Cheryl Cross left the meeting at 1058 hours. Tax Exempt Properties in F.T. - Penn Lakes Girl Scouts is our only tax exempt property. The Board feels the houses owned by the camp that the director and a renter live in should be taxable. Netzler added, "why should they make money from rent and from the tree farm in Franklin Township and be tax exempt on it." Residence as a Conditional Use for B-1 - Richmond will write an amendment to the zoning ordinance to allow a residence as a conditional use in a B-1 zoned district. CORRESPONDENCE Correspondence was reviewed. ROAD INSPECTION Supervisors left for road inspection at 1110 hours. Supervisors returned from road inspection at 1300 hours. ADJOURN Netzler called the meeting adjourned at 1302 hours. Bonnie J. Bernhardt, Secretary