June 24. 1993

The meeting of the Supervisors of Franklin Township, held in the
Township office, was called to order by Chairman Herbert Netzler
at 0901 hours with the Pledge of Allegiance.  Present were
Netzler, Benjamin Sitek, David Henderson, Rick Bain, Jeff Lincoln
of DER and Darcy Herhold.

RECYLCLING GRANT CHECK
Jeff Lincoln presented a symbolic check to Rick Bain,
representing the Boy Scouts, for a DER recycling grant. 
Harrisburg will sent the actual check.

Attorney Mark Richmond arrived at 0908 hours.  Bain, Herhold and
Lincoln left the meeting at 0908 hours.

The hearing on the No Parking Ordinance #1-93 was called to order
at 0909 hours.  No one was present for comment.  Hearing
adjourned at 0910 hours.

NO PARKING ORDINANCE #1-93
Ben Sitek moved to approve the No Parking Ordinance #1-93, Dave
Henderson seconded.  Carried.  Ordinance was signed.  Sitek moved
to purchase no parking signs, Henderson seconded.  Carried.

MINUTES
Sitek moved to approve the minutes of June 8, 1993 and June 22,
1993 as presented.  Henderson seconded.  Carried.

VISITORS
None present.

REPORTS
Superintendent - Dave reported that new tiles were installed on
New and Francis.  Roads have been graded, planed and brined.

Letter to PennDOT - Herb reported he will set up a meeting with
the area representative and have him travel the road.  Old State
is scheduled for a triple seal coat.

Construction Trucks on W. Stancliff - Dave said he saw no
evidence that the trucks were coming over the I-79 bank onto W.
Stancliff.

FINANCES AND TAXES
Bills - Dave reported that another adjustment is coming from
Goodyear on the JCB tires.  Discussion.  Whether to pay TPS the
amount owed was tabled until next meeting.  Sitek moved to
approve the bill list for payment excluding Custom Clutch and TPS
totaling $6,486.70 general fund (to include REA when bill
arrives) and $1,911.52 state fund.  Henderson seconded.  Carried.
PNC loan payments will be paid from the Equipment fund.

Payroll - Sitek moved to approve payroll #12-93, Henderson
seconded.  Carried.

Computer Update - Ben moved to purchase a data query software
package from Cougar Mountain for $199.50.  Dave seconded. 
Carried.

Tax Exempt/Girl Scouts - Richmond reported that the Girl Scouts
are not seeking tax exempt status on their rental properties.

Honesty Bond - Dave reported that the fire dept. has had an
honesty bond on their members for years.  If we pick one up it
will extend to them.  Richmond pointed out that we must make sure
of what June Suhy's clerk is doing.  Her job description must
specify that she is a clerk only, she is not authorized to handle
money.  More specific information on cost will be gotten.

F.T.V.F.D. Contract for 1993 - Dave moved to pay the fire
department's 1993 contract fee of $4,000.  Ben seconded. 
Carried.

PLANNING, ZONING AND HEALTH DEPARTMENT
Amendment to Zoning Ordinance/Accessory Building Size and
Amendment to Holding Tank Ordinance - Dave moved to hold a
hearing and approve for advertising ordinance #2-93 Accessory
Building Size Amendment and #3-93 Holding Tank Amendment.  Ben
seconded.  Carried.  Hearings will be held on July 13, 1993.

Amendment to #5-91 - Discussion on Ordinance #4-93 which will
amend #5-91 dealing with two mobile homes attached to each other.

Dave - do we really want to prevent additions to houses.  This
proposed amendment says you can not connect two houses by any
means.  This wording would prohibit mother-in-law apartments.  We
don't want to prohibit that but do want to eliminate a separate
building built and the two connected.

Richmond - the two structures would have to have a common living
space wall so it qualifies as an addition not as a separate unit.
Richmond was instructed to contact M.D.I.A. for assistance with
the necessary wording.

Old Town Hall - Herb said he wanted it in the minutes that there
is no parking space available at the old town hall building site.
Space would have to be leased by anyone purchasing the building
for a business.  Parking space is a requirement of the zoning
ordinance for a business.

Western Trails Bond - will determine where to invest the money.
Industrial Grants - nothing.
Beck/Hurley Nuisance Complaint - nothing.

Wheeler Sign - Mr. Wheeler did not come to the meeting as
requested.  Ben will check the sign.

Beck/Nesselhauf Mailboxes - Steve Nesselhauf replaced his box and
the Beck renter is using it also.  Netzler moved to pull out the
Beck mailbox.  Henderson seconded.  Carried.

Hallett Mylar - Herb asked if we can force Ron Hallett to clean
up the property.  Ben moved to give Mark Richmond the authority
to contact D.J. Saxton and do what he says to do.  Dave seconded.
Carried.  Richmond said we will probably have to go back in front
of Saxton for him to tell us what to do.

Matha/Teed Building Permit - Netzler stated that we must make
sure no business is done in the proposed garage.  A statement
that no pallet business will be allowed to be conducted in or
from the garage will be added to the building permit and that 
the permittee must abide by the regulations for A-1 zoning.

Carver Building Permit Extension - Ben moved to give Jim Carver a
time extension on his building permit.  Dave seconded. Carried.

SOLICITOR
Cable TV - Bill Welsh charges $25/hr.  Dave said the ordinance
will need a major rewrite.  After Welsh reviews and understands
the new regulations, we will pay him to rewrite our existing
ordinance.  Herb will check into someone signing people up for a
wireless cable service.

Load Limit Ordinance - nothing.
Mitchell House Fire - nothing.

G.M.S.D. EIT Rules and Regulations - Dave said he feels section
306 is a money grab by Edinboro Borough.  Section 304H says you
can't combine a husband and wife's income and offset a loss with
a profit for earned income.  Richmond will write a letter to
Richard Corwin with this Board's opposition to sections 304H and
306.

G.M.S.D. EIT Confidential Tax Info - proposed agreement was
reviewed.  Richmond said that a change in the breakdown of the
tax information must come from the state level.  Herb moved to
have Richmond write to Richard Corwin that this Board wants Larry
Brown only to have the tax information.  We are not in favor of
the proposed rotation system.  Dave seconded.  Carried.

E.S.T.A. - Richmond said the problems with ESTA and the County
seem to be resolved.  ESTA's attorney will have to get in touch
with Mark.

Syzmanowicz Complaint - Herb will ask the person living on the
property what the intentions of the business owners are.

Eminent Domain on old Goodban School site - Dave said liening the
property won't help.  He suggested making it into a park and
giving it away.  Herb asked if the Township would have to pay the
city and school taxes on it if we eminent domain it.  Richmond
said you would have to make it look like a legitimate park.  Mark
was instructed to find out what the tax situation is on the
property.

OLD BUSINESS
Nothing new on items listed.

NEW BUSINESS
Survey from Al., Tob., and Firearms - Herb moved to have the
Attorney look it over and advise on how to fill it out.  Dave
seconded.  Carried.

Liana's Lake Park Fireworks - Mr. Baumgarten asked the
Supervisors to sign a form which would allow him to purchase fire
works.  The chief of the fire dept. had already signed the form.

Netzler - there's no ordinance allowing fireworks in this
Township.  They (Baumgartens) have been illegal all these years.

Henderson - the second class township code says we can regulate
public displays of fireworks.  The zoning ordinance addresses
explosives.  Liana's must make arrangements with the fire dept.,
they did that.  This is not a public display, it's for his
campers.

Netzler - our insurance agent says if regulations are put
through, the Twp. must be listed as also insured to prevent
liability.  Baumgarten must abide by the state rules and
regulations.  The fire dept. must not sign anything like that
because they are employees of the Township.

Henderson - the code says we must pass an ordinance or resolution
governing fireworks.  We have none right now.  It's in our zoning
ordinance that to use an explosive device you must get permission
from the fire chief.

Netzler - the fire chief is our employee.  He stuck our necks out
by signing that form.  I do not agree with the chief signing that
form as a Township employee without our authorization.  The state
law is not superseded by Township rules or ordinances.

Richmond - I can bring out the state rules and regulations for
review and can look into an ordinance regulating fireworks.

CORRESPONDENCE
Correspondence reviewed.  Netzler will attend a DCA meeting on
Pennvest funding for stormwater management.

ADJOURN
Netzler called the meeting adjourned at 1121 hours.

Bonnie J. Bernhardt, Secretary