October 28, 1993 The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman Herbert Netzler at 0902 hours with the Pledge of Allegiance. Present were Netzler, Benjamin Sitek, David Henderson, Attorney Mark Richmond and Ralph Breiding. HEARING ON ORDINANCE #5-93/FIRE DAMAGED STRUCTURES Henderson - where does it say when to go in and clean up after the escrow money is received. There's no time frame set in the ordinance. Breiding - if the insurance company pays the township and the property owner elects to clean it up, what happens? Sitek - the Board would have to take it upon themselves to inform the property owner of the time frame for completion of clean up. Richmond - we'll add (5) (d) Any clean up to be effected by or on behalf of the property owner shall be completed in accordance with a schedule to be established by the Township. Henderson moved to authorize the signing of Ordinance #5-93/Fire Damaged Structures when the addition stated above on timing is added. Sitek seconded. Carried. Netzler - I would like Lakeland Insurance to freeze the $13,000 in escrow on the Mitchell property and notify us when to clean it up. Henderson moved to have Mark Richmond inform Lakeland Insurance to freeze the escrow amount and inform the Township when it should clean up the Mitchell property. Sitek seconded. Carried. MINUTES Ben moved to accept the minutes of October 12 and October 27 as presented. Herb seconded. Carried. VISITORS Breiding - there are ripples in Fry road. Henderson - we are aware of it and talked to Bob Everhart at Russell Standard. There's nothing we can do until it gets really bad. Sitek - the heavy trucks are causing the problems. REPORTS Superintendent - Sitek reported that roads were graded, two double driveway pipes were installed, garbage bin was framed in, helped at FTVFD, grass planted on north side of building, guide rails stacked, fixed holes on Francis, cleaned inlet pipes, serviced grader, changed cutting edges, repaired signs etc. Henderson added that Ben did a good job as superintendent in his absence. A lot of small jobs were cleaned up. Dave reported that grading was done on Mon. and Tues., maintenance done, mounted spreader on 1-ton. 4-Year Road Plan - nothing. Milled Material - Herb reported that the city of Erie took the remaining tonnage. He viewed the areas where the material was hauled. He feels the Board must decide whether to go after them for violating a legitimate contract. Sitek - we have no letter from them for a contract. Netzler - we have the thank you letter I sent. Henderson - we should have received 6,000 ton. We got maybe 1,500 ton. Richmond - this was a gift from them? Netzler - yes. Netzler - they can't sell it. PennDOT didn't want it. Don Buttons said the airport wouldn't have to landfill it if Franklin Township took it. They used what they could at the airport. I told them yes Franklin Township would take it, looked it over and we hired Russell Standard to haul it. They were to tell us when to start hauling. Sitek - everyone was getting it for two weeks before we found out about it. Netzler - Ted Stossmeister called me and said Jim Ganzer called for him to haul. Ganzer said he'd get all the material and the Township would get none. Herb added that he called Ed at Chemung who questioned whether the Twp. still wanted it, that someone made arrangements to sell the material to Ganzer at $2.50/ton. On Wednesday Buttons called Herb and said the Twp. could have 1,200 ton. Ed at Chemung was to call us and say when to start hauling. We weren't concerned about no call because the time limit to get rid of it for the airport was Thanksgiving. Richmond - what they sold it for is irrelevant if they gave it to the Township. Henderson - the Federal contract sees that material as a waste product. We had Chemung and the airport authority involved and it was ours. Sitek - this was just a verbal contract. Henderson - we have two independent individuals that knew of the contract, Herb Netzler and Bob Everhart of Russell Standard. Instead of using this material, we will now have to buy it at around $8/ton, the value of that material was $50,000. Netzler - I figure there is 1,200 ton left. There was 6,000 to 7,500 ton total. Sitek - we got around 600 ton and Russell Standard got less. Maybe 1,000 ton total for both of us. Henderson - let's wait and see what the airport authority decides at their Oct. 29th a.m. meeting. Richmond agreed. Netzler was instructed to attend the meeting to see what's going on. Richmond - felt it was a good idea for a joint investigation between us and the airport authority, that the Township had done nothing wrong. Netzler - said he would like a court order to get some material, analyze it and the areas where it was put down. Aldrich Driveway/Falls and Francis - a letter will be sent asking him to fill in the west side of his drive with gravel and to feather it out for 5 or 6 feet so the wing won't catch. Shocks for Trucks 5 & 6 - Dave reported that during snow plowing a pitching occurs with the plow down and suggested for safety sake that shocks be added to the front of the trucks. If the pitching gets too bad it causes ripples in the road and on occasion the plow will trip. Estimated cost is $250 each and several hours of labor at Five Star. Netzler - I don't like those plows, ask around to see whether shocks will help. Henderson - I talked to Dias Spring and they said it will help. The problem is the upward bounding of the truck and shocks should help but we don't know if it will solve the problem completely. Netzler - I think Five Star should put them on for nothing. Walsh should pay too. Order them for safety sake. Netzler moved to send a letter to both Five Star and Walsh stating that the Board thinks they should split the cost of putting the shocks on the trucks. Henderson seconded. Carried. Bills - discussion on the bill from Mowery for $300 for the remaining fee for the forklift used at the auction. All felt the cost was excessive but the price was not negotiated by Netzler when he picked up the equipment. Custom Clutch found nothing wrong with the jack and is returning it. Ben stated that before any equipment is rented, we should know and agree to the cost of rental beforehand. Sitek moved to pay the bills as listed including $300 to Mowery and Hoover Sand and Gravel, hold Erie Fence until the work is completed, hold Custom Clutch totaling $6,520.32 general fund and $2,563.88 equipment fund. Henderson seconded. Carried. Payroll - Ben moved to approve payroll #21-93. Dave seconded. Carried. Computer Update - nothing. PLANNING, ZONING AND HEALTH DEPARTMENT Industrial Parks - discussion on the meeting Herb attended on economic development in rural communities. Building Permits Before P.C./Sup. - nothing. Matha/Teed - Herb moved to send a certified letter telling them that they have ten (10) days to pay the amount owed, $29.25, or the Board will authorize the amount be turned over to the District Justice for collection which will incur an additional cost of the filing fee plus court costs. Dave seconded. Carried. Sign at Whiskey River Tavern - Herb said they have no permit for the sign which is larger than the allowable 3' by 3'. Dave moved to send them a letter stating a permit is needed for erection of a sign on the building and enclose the paperwork, fee of $15 required. Ben seconded. Carried. Parking at Whiskey River Tavern - Herb moved to send the Sergeant at the Girard PSP Barracks a letter telling them that the tavern has new owners and before things get out of hand, ask them to enforce the no parking. Dave seconded. Carried. Herb said he is concerned about visibility for cars on Old State road. Excess Noise at Whiskey River Tavern - Supervisors have received several complaints and are aware of the problem. No action taken at this time. Letter to Rep. Karl Boyes - Dave moved to send Karl Boyes a letter asking about any grants available for industrial development, municipal sewer plants etc. Herb seconded. Carried. Ralph Breiding to Replace Gary Kulich - after the Planning Commission's October meeting, Gary Kulich asked that a replacement be found for him on the P.C. He said he found it increasingly difficult to attend meetings due to work load and personal commitments. Netzler moved to appoint Ralph Breiding to replace Gary Kulich and to send a letter to Gary thanking him for his many years as a Planning Commission member. Henderson seconded. Carried. SOLICITOR Cable TV - Bill Welsh will come to the Thurs. morning meeting in November. Load Limit Ordinance - revised ordinance reviewed. Need an engineering study, beginning and ending location, size of limit sign, amount a hauler would need to post during the limit period. Henderson - Fry Road Ordinance says a cash bond. Our insurance advisor says a Road Repair Bond is issued (surety bond). For the Emergency Limit Ordinance no bond will be accepted due to the roads being in bad condition. We will post signs on the road, communicate to the media by the issuance of a press release and notify known haulers to the best of our ability when conditions warrant. Girl Scouts/Tax Exempt - haven't heard back from Talerico firm. Eminent Domain - title search half done. Hallett Clean Up - Ben reported that he drove by and saw one car in back, one car in front, a refrigerator and freezer outside, auto parts, debris in side yard and an electric stove out front. Richmond - has it improved to where you are happy? Discussion. Herb moved to drop the Hallett question off the agenda unless we get a new complaint. Ben seconded. Carried. Residence as Conditional Use in B-1 - Dave moved to forward the ordinance draft to the Planning Commission. Ben seconded. Carried. Intra Global - Mark reported that he has had no response from them since the building burned. Dave said that the person is still living in the camper and running the business in spite of the fire. Richmond will check on the situation. OLD BUSINESS Sesquicentennial - moving along. Goodban School Clean Up - nothing. Fire Safety Meetings - nothing. DER Contract - waiting for new contract. Fire Tones - nothing. Storm Sewers at FTVFD - work is completed. ESTA Contract - Herb reported they had an internal conflict but it is coming along. NEW BUSINESS DER Septic System Form - Herb said that DER suggests all property owners building a new house should sign a form allowing the Township to come onto their property to inspect their septic system. This lets DER off the hook and puts the Township on it. Discussion. Health Care Provider List - Mark reviewed the information sent which states that an injured employee must go to a listed provider for the first 30 days of any injury. After the 30 days, they can see whoever they want. Herb moved to sent a letter to Jim Orth Insurance and ask them to set up a list of doctors to go to in the event of a work injury. Dave seconded. Carried. KCI Questionaire - all will fill out and send in their copies. Discussion on a new bill which would provide money for paving roads. CORRESPONDENCE Reviewed. ADJOURN Netzler called the meeting adjourned at 1125 hours. Bonnie J. Bernhardt, Secretary