June 8, 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 2003 hours. Present were Netzler, Benjamin Sitek, David Henderson and visitors. MINUTES The minutes of May 27, 1993 were approved as presented in a motion by Sitek and second by Henderson. Carried. VISITORS Daniel Parker - are building permits being issued? Netzler - the agreement has been signed and permits are being issued. Denver Ireland - complained about the mud on West Stancliff. Henderson - all the roads need to be graveled. Roads are being graded, planed, raked and brined. Roads that weren't brined are just as bad as those that were. Much of the mud is from the sink holes pumping mud back up to the surface. All the neighboring municipalities are having the same problems. Washington Twp. lost $100,000 worth of pavement this spring. McKean Twp. is spending all their money repairing roads that were lost. Netzler - silt on the edges shouldn't be put back onto the center of the roads. Sitek - let's try not using brine or planeing. Dust is better than mud when it rains. Discussion. Hugh Crandall - pointed out that he did not volunteer to clean up the corner of W. Stancliff and Eureka. REPORTS Superintendent - Dave reported that roads are bad as discussed. The ECATO emergency liquid fuels committee turned our request down. Attorney Arthur Sterrett spoke about DER rules and regulations on septics in McKean Co. He said there are two documented cases of DER removing people from their homes because of septic problems. McKean, Warren, Venango and Crawford counties are pooling their money to contest DER rulings. Their first meeting will be in June or July. Letter to PennDOT - Herb said he has not heard from Dolecki. He will write the letter. FINANCES AND TAXES Bills - Sitek moved to pay the bills as presented excluding Am. Safety Services, Custom Clutch, TPS Dist. and Walsh Equip. totaling $850.11 general fund and $3,827.86 state fund. Henderson seconded. Carried. Payroll - Dave moved to approve payroll #11-93. Ben seconded. Carried. Computer Update - nothing. Tax Exempt/Girl Scouts - it was reported that the scout council owns three rental homes, one is used by the camp caretaker. Dave said he has no complaint with the camp being tax exempt. A rental used as an employee benefit should be taxed. Sitek moved to instruct Attorney Richmond that the rentals should not be tax exempt. Henderson seconded. Carried. PLANNING, ZONING AND HEALTH DEPARTMENT Amendment to Zoning Ordinance - the amendment reads that 100 sq. ft. or less is exempt from a building permit and fee. Henderson moved to advertise ordinance (amendment) #2-93 and hold a hearing. Sitek seconded. Carried. Antolik Subdivision - Pete Holmchenko of County Health cannot find the septic module paperwork. Lot closing is on hold until septic approval is found. The bank is holding all paperwork and Mylar. Industrial Park - Herb reported that the Zelina's do not want a service road on their property. Two driveways will have to be installed. Herb also recommended waiving the engineering fees. He will follow up. Wheeler Sign - the Planning Commission feels that Mr. Wheeler's sign advertising his construction business is in violation as his business is not a home occupation. Herb will go see the Wheelers and check the zoning ordinance. Henderson moved to send the Wheelers a letter asking them to attend the June 24th meeting. Sitek seconded. Carried. Nuisance Complaint--Beck/Hurley - waiting for an address. I-79 Billboard - the Planning Commission had some reservations about the sign. Dave said that state and federal regulations must be conformed to and are more stringent that Township regulations. The P.C. suggested that a building permit be required and a $15 fee charged. Dave moved to require a building permit and $15 fee for the billboard. Sitek seconded. Carried. Hallett Mylar - Henderson said that in his opinion nothing should be given by this Board until Mr. Hallett abides by the court order against him and cleans up the property. Henderson moved that before presenting a subdivision request Mr. Hallett should clean up the property and abide by the court order. Sitek seconded. Carried. Matha/Teed Home Occupation Request - letter requesting a home occupation permit was reviewed. Dave said that a formal hearing must be held as a home occupation is a conditional use. Also that conditions placed on the permit would be beneficial. Ralph Breiding presented pictures and a nuisance complaint signed by 16 neighbors of Matha/Teed who are opposed to the alleged business being conducted at 9446 Eureka Road, the burning going on, the unsightly condition of the property and any possible consideration of rezoning the property. Hugh Crandall - burning is not allowed with a home occupation. Henderson moved to advertise a hearing for the home occupation request of Dale Matha and Melissa Teed for June 22, 1993 at 8:00 p.m. in the Township office. Sitek seconded. Carried. Increase Fee for Building Permits - M.D.I.A. receives a $20 fee. Dave moved to add on a $10 Township administrative fee. Sitek seconded. Building permits will be $30. No Parking Ordinance #1-93 - ordinance and hearing has been advertised for June 24, 1993. SOLICITOR Cable TV - nothing Load Limit Ordinance - nothing Mitchell House Fire - nothing Holding Tank Ordinance - Harry Aulenbacher wants to buy the Old Town Hall and use it for a business. It does not have a septic system. Dave said that the Township does have a holding tank ordinance but DER won't recognize it because it contains provisions for residential use. Richmond recommends revising it. Herb instructed Aulenbacher to contact Pete Holmchenko from the Health Dept. to check the site. Tabled until June 24, 1993. June Suhy and Gary Shelhammer arrived at 2115 hours. G.M.S.D. Confidential Tax Info Agreement - June Suhy stated that she does not like the proposed rotation system at all. She feels that the manager of Edinboro Borough and manager of Washington Township should not have access to the information. The Borough manager broke the confidentiality law when he sent Franklin Township confidential tax info with names, addresses and S.S. numbers of residents in the Township last year. Netzler - voiced his opposition to the rotation system also. He is against having to look through the whole list to find Township residents. Suhy - there are thousands of tax dollars being lost without that list. In Edinboro Borough and Washington Township that tax information is there for all the employees to look at. In Franklin Township, McKean Borough and McKean Township only the tax collector sees it. The state list only goes to the school district. They are ultimately responsible. She feels this Township has as much right to complain about the proposed agreement as Washington Twp. and Edinboro. Edwin Mumau - will this cost the taxpayers money? Suhy - no, money will be made. June suggested leaving the agreement as it was with Larry Brown receiving the information. Brown is only the agent for the school district. Brown will keep the information under lock and key and destroy it on the appointed day. He will only let one person from each township and borough see it and will shred and burn it on the correct date. I need that state tax info as soon as possible because it must be destroyed in October. Henderson - only information on Township residents should be handed out, not the whole state list. Tabled until June 24th meeting. G.M.S.D. EIT Rules and Regulations - after reviewing the proposed revisions, Henderson moved to oppose section 304 H and section 306. Sitek seconded. Carried. June Suhy said sec. 304 H should be approved as it is state law. June cited several state supreme court cases which upheld the law. Discussion. Tabled until the June 24th meeting to give the attorney time to look at both sections. Blanket Honesty Bond - June said that if her office assistant is on any bond it should be a blanket honesty bond as she does not handle any money and that she would designate Gary Shelhammer as her deputy. Henderson - a blanket honesty bond would cover all Township employees. A deputy would handle money so must be on a regular bond. A deputy must be deputized in writing. Suhy - what I'm doing now is acceptable. My assistant is just a clerk. A deputy can collect money, sign receipts, be bonded and is the tax collector in my absence. No one in the county has a deputy, most have an assistant none of which are bonded. A sample blanket honesty bond will be reviewed at the June 24th meeting. OLD BUSINESS Sesquicentennial - Bob Berry requested a meeting as soon as possible. Roof Leaks - Dave reported that the roof does not leak where it was fixed and suggested getting the rest fixed also. Roof repair will be put into the 1994 budget. Clean Up/Town Hall - nothing. Safety Seminar - nothing. Clean Up/Goodban School - the Solicitor will be instructed to look into the feasibility of immanent domain proceedings on that piece of property. NEW BUSINESS No new business. CORRESPONDENCE Upcoming meeting reviewed, attendance if desired was authorized. ADJOURN Netzler called the meeting adjourned at 2155 hours. Bonnie J. Bernhardt, Secretary