November 18, 1993 The budget meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman Herbert Netzler at 0905 hours. Present were Netzler, Benjamin Sitek and David Henderson. Netzler reported that the Mitchell house was being torn down and bulldozed in. Discussion on an IRS claim for back taxes. MINUTES Dave moved to approve the minutes of November 9, 1993 as presented. Herb seconded. Carried. Dave moved to approve the minutes of November 15, 1993 as presented. Ben seconded. Carried. LIABILITY The Board reviewed a letter from the Attorney. His opinion was that if the Board is made aware of a problem, they must make sure the problem is corrected or take measures to correct it. Henderson - this letter is talking about a problem in the road right-of-way. An example would be the icy area by Virgil Krautter's. Netzler - that is an act of God. Dave added that a tree across the road is an act of God also. Netzler - the ice and snow law has been tested and it's held up in court. Sitek - you should still notify the Superintendent that there is a problem. On a State road you should notify PennDOT. Get the name of the person you contact, record the time and conversation on the calendar. Henderson - the liability is PennDOT's but what if one of our guys get hurt, we're on the hook. Discussion. Sitek - we must make an effort to protect the citizens. Henderson - you can be dismissed from a law suit pretty quick if you've made an effort to correct and warn people. Netzler - cited several cases when township's paid even though the problem was on a state road within the township. Sitek - you have to be able to prove you weren't aware of the problem or if you're called and it's a state problem, call PennDOT and document it. Henderson - we have a lot of residents who create hazards in the right-of-way with trees, cement, mailboxes, crops, fences, etc. The right-of-way is 25' from the center of the road. Netzler - I think the post office has jurisdiction over mail boxes. They don't want anything solid. Henderson - we have a problem with the fence on Eureka owned by Eugene Weiss. We can't even ditch through there because it's so close to the road. Another problem is at Chivari's with his airport runway marker stakes. Somehow we need to teach people to keep things out of our right-of-way. Henderson moved to send Eugene Weiss a letter asking him to move his fence on Eureka road back off the township right-of-way. Also to send Steve Chivari a letter asking him to move his airport runway marker stakes behind the right-of-way. Sitek seconded. Carried. REVIEW OF FRONT FOOT ASSESSMENT PETITION Henderson - each section of road must have it's own petition. Sitek - we need to have all the information before we start. We need to know about the interest, corner properties, etc. It all needs to be in a hand out for the residents to review. We'll come back later after they have had time to think about it. Can the Township afford the interest? Henderson - if we lien the property, the interest accrues from that time. Any interest accrued is after the ten year period. We have to be careful. Everyone could lien their property and then the Township is on the hook for the interest. We need to create a disadvantage to a lien. Once the project is done the cost for maintenance falls to the Township. Henderson moved to get all the specific details necessary to present to the landowners so they can make a judgment on whether to have a front foot assessment done on their property for the purpose of paving their section of road. Sitek seconded. Carried. 4-YEAR ROAD PLAN Discussion on Silverthorn and West Stancliff. Sitek - no on W. Stancliff. Pave the main arteries. Henderson - W. Stancliff is a main artery. I was building the roadways from where we started outward. You can't have a good road on each end and gravel in the middle. Netzler - I can't see paving Fry. Sitek - I think it should be, it would take the traffic off Silverthorn and W. Stancliff. Netzler - you pave a road to benefit the people on that road. Henderson - No, the traffic count and maintenance level is why you pave. Think of the taxpayer. It would reduce the cost of maintenance for the entire Township. Sitek - you're talking about satisfying residents. Go for the most people on a road. If we do a front foot assessment on Silverthorn, they will be paying and the people on W. Stancliff will be getting a free ride. Henderson - I say we do all the paving by front foot assessment. Assume Silverthorn from Old State to W. Stancliff gets paved and the rest isn't done, then we're in a real fix. If we do gravel work on W. Stancliff, there will be less maintenance and it would be prep work for paving. Sitek - the north end of Silverthorn would get paved quicker than my end would. I don't feel Silverthorn is getting enough gravel at 4" in 1995. It needs built up more prior to paving if we get the petition. I have nothing against graveling W. Stancliff, just do the same for Silverthorn in 1995. It's been neglected for 20 years. Henderson - W. Stancliff got more gravel over the years because the traffic count is so high. Discussion on the residents with the most frontage on W. Stancliff. Henderson - neither one of you guys know what we've spent in time and money on W. Stancliff. Discussion. Netzler - you think by paving there will be less maintenance, bull. Henderson - yes, less maintenance and more cost effective. Farmers in the ag. security area would get a reduction on cost for front foot assessment. Lots of roads in the Township will not be paved because the traffic count doesn't warrant it. Netzler - people on Clair Wright shouldn't pay for Fry. Sitek - why should we pay to pave Silverthorn for people running to I-79. Pave Fry and let them use it. Netzler - you shouldn't have to pave for people who aren't residents. Henderson - I recommend not doing anything with the 4-year road plan other than plans for 1994. It will change all the time especially in light of the petitions on front foot assessment. MINE PERMIT Netzler moved to authorize Dave Henderson to sign the permit. Sitek seconded. Carried. POND/NO PERMIT Herb reported that Dana Erdley dug a pond on Old State and has no permit. He expressed concern that if it lets go and kills someone the Board is liable if we give him a permit. We will check with the Solicitor on our liability if we issue a permit. MILLED MATERIAL Will decide tomorrow after talking with the Attorney. 2% MONEY Ben asked if we can borrow at 2% for a Tiger mower. Dave said we can borrow half, a Tiger is around $50,000. Discussion. AXLE FOR MACK Herb reported that Hovis has an axle for $750 with the rams and steering box, $150 for the pump and $150 for heavy duty springs. With the buds it would come to $1,100. Herb would do the work here. Air assist would be $850 plus installation. Herb said it wouldn't be worth much, an axle would be more reliable. Dave said he planned on doing the work in the spring when the Mack wasn't needed to brine. Herb said the axle work would only take a week. Decided to do the work now and use cinders instead of brine if needed. Dave reported that he had added $300 to the 437 account for the JCB. Herb will change the packing in it. MODIFICATIONS TO BUDGET 03.492.01f - move $11,000 from Permanent Improvement to pave the section of New road by the fire dept. Will transfer the money when we're ready to do the job. 437 - $1,100 for the Mack, $300 for the JCB. Discussion on using waste material from Erie Sand and Gravel on New instead of 6" of gravel. Material has a high limestone content. VISITORS Billy Roberts - asked about getting several loads of millings on the north corner of Eureka and Crane to build up the crown. Henderson - trucks are in snow mode. Can't do it until spring. Roberts - will use my dump truck and level it off for nothing if you would load it. Henderson - that will take away from the New road project. We may not have enough now. No voiced objections from the Board. Will load this afternoon. The people bulldozing the Mitchell house asked if they could burn it. No objections. ADJOURN Herb called the meeting adjourned at 1100 hours. Bonnie J. Bernhardt, Secretary