November 19, 1993

The meeting of the Supervisors of Franklin Township, held in the
Township office was called to order by Chairman Herbert Netzler
at 0903 hours with the Pledge of Allegiance.  Present were
Netzler, Benjamin Sitek, David Henderson, Mark Richmond, Bill
Welsh, Joe Franks, and Kathy Hauser.

VISITORS
Kathy Hauser - asked if the Township has plans for the
sesquicentennial other than the book.

Henderson - any profit from advertising in the book will be used
for a celebration.  Plans are for a barbecue.  If a resident
wants to do more that's fine.  The Township would like to lead
any activities. 

Joe Franks, MDIA - suggested getting advertising at the State
convention.

PLANNING, ZONING AND HEALTH DEPARTMENT
BOCA Code for Rentals - Herb reported that the Koestel rental on
Ivoray is condemned.  Joe Vogel of the Health Dept. said we can
adopt the BOCA code for rentals only.

Joe Franks - gave a sample ordinance that adopts the BOCA
property maintenance code.  It can be modified to be specific to
rentals, can adopt an occupancy permit for rentals and need to
get a fees schedule in line.  The fees schedule for rentals is a
yearly fee.  The average is $45/hr. per structure.  A duplex is
still $45.  An apartment building is per unit.  Tax payers
shouldn't underwrite someone else making money on rentals.  The
sample ordinance adopts the BOCA code and speaks to the issue of
occupancy permits.  You would still need a fee schedule.  Have
your solicitor draw up an ordinance specific to rental properties
along with the fee.

Netzler - we have an occupancy permit.

Franks - the code is more detailed than the zoning ordinance. 
Cleanliness, safety, heat, light, water, etc. are addressed.  Joe
said he thinks there are other places in the Township where it
can be used when people complain.

Richmond - you can't single out rentals, that's discrimination.

Netzler - if a homeowner wants to live in a hog wallow, that's
all right but not rentals.

Franks - we haven't chosen to come down on people with zoning
violations and won't do it here.  Suppose someone buys this
rental and moves in to it in it's present condition.

Richmond - it can be a problem when a house next door to a rental
deteriorates.

Franks - you need two ordinances.  One for rentals with a fee and
one for homeowners with no fee.  If you get a complaint against a
homeowner and MDIA inspects, the Township underwrites the cost. 
If you have 20 rentals and collect a fee, the fee fund builds up
and can be used for the occasional complaint on something other
than a rental.  You can get apartments and duplexes at any time. 
You need to address the issue before it happens.  Use the
ordinance to enhance all homes not just rentals.

Richmond - you need to make it applicable to all residences.

Zoning Ordinance Revision - Herb told Mr. Franks that the
Planning Commission wants a general overhaul on the zoning
ordinance.

Franks - we can do a general overhaul keeping in the nature of a
community this size.  We won't charge anything for a paper copy. 
When doing a complete revision, several thousand dollars is the
average price.  We will send up a general ordinance to interface
with yours.

Netzler - we want to stay away from Act 170 as long as possible.

Franks said he would sent a sample code and zoning ordinance. 
Joe Franks left the meeting at 0940 hours.

REPORTS
See Nov. 18th meeting for reports and minutes.

Milled Material - Richmond reported that at their last meeting
the airport authority said the matter was closed.

Netzler - that material was worth $48,000 to us (6,000 ton at
$8/ton).  We're looking at Buttons and Rosemary.

Richmond - anyone acting on behalf of the authority, you had a
right to rely on their word.  The contract says Don Buttons was
the contact person.  The material was to be stockpiled here and
used on the roads.  Did we pass up someone else because we were
relying on the airport material?

Henderson - no, but if we didn't get this godsend, we would have
to buy it.  Discussion.

Netzler - nothing changes the fact the Buttons and Rosemary
promised it to us.

Richmond - the problem is the Township isn't out money because we
didn't get this material.

Netzler - the taxpayers will be out in the future when we have to
buy the material.

Henderson - we can't complain about what was sold before the
agreement.  We only agreed to take what was in the pile when Herb
saw it, about 6,000 tons.

Richmond - there's no question that it was promised to the
Township, at least what was in the pile when Herb first saw it.

Netzler - they were done milling when I first saw it.  There were
two piles.  One was about 1,500 ton.  Buttons said nothing about
that pile.

Richmond - you would have to show what you're out.  Anything to
be done this year that can't be done now?

Netzler - no, the material would be in the hopper for next
spring.  It's too late in the season to do anything now.  We
can't do it next spring either because we didn't get it.

Henderson - if we have to prove the value of the material we
would get expert witnesses.

Richmond - the question is are you out money because of the loss.
The concern is damages, out of pocket expenses must be determined
before you sue.

Henderson - we're working in the future.  You can't use recycled
material for past projects.  Expert witnesses would say this is
what the material is worth.  The cost today would be $8/ton from
Russell Standard.  From the contractor's point of view, would
they miss $100,000 with a 7 million dollar contract.  To have to
pay to landfill it, there's the big bucks.  To give it away was
the best way to go for them.

Netzler - Chemung told Bob Everhart that the material belonged to
the airport authority.  It was Federal material and couldn't be
sold to a contractor.

Henderson - Ed from Chemung said he couldn't sell it.  Buttons
said give it to Franklin Township.  In reality, Chemung owned the
material.  We could make a case that Chemung should have known
that it belonged to them.  It's in their contract.

Richmond - Chemung said it was up to the airport authority to do
what they wanted with it.  The fact that Ed Dahlrimple from
Chemung was there makes the case stronger.

Henderson - if we sue the airport authority, who gets the blame. 
They'll pass it on to Chemung.

Netzler - Buttons gave it to us.  Ed Dahlrimple said it wasn't
his to give.  Both were there when I saw the material for the
first time.  Jim Ganzer said Buttons gave him the material he
got.  Urban Engineers told Rosemary that the airport didn't own
it, Chemung did.

Richmond - I'll look into damages and get back to the Board.

Bills and Payroll - Ben moved to pay the bills as listed totaling
$8,062.31 including GTE, REA, and PNC when they arrive.  Herb
seconded.  Carried.  Herb suggested having Gehrlein Welding put a
hard surface bead on the bottom of the plow shoes to help keep
them from wearing so much.

Ben moved to approve payroll #23-93 as presented.  Dave seconded.
 Carried.

PLANNING, ZONING AND HEALTH DEPARTMENT
Industrial Parks - waiting for dissolving of mineral rights on
property.  Rodak must sign off.  Next meeting on grants is Dec.
20th.

Building Permits before Sup./P.C. - nothing.
Matha/Teed - nothing.

SOLICITOR
Cable TV - Bill Welsh reported the cut off point for the Township
to regulate rates is 1000 residences.  We have 440 residences.

Richmond - Coaxial's attorney said they are ready to talk to the
Township.

Welsh - the phone co. is getting into cable.  Coax could sell
their franchise area to them.  Coax and TCI are both interested. 
Your ordinance took into consideration federal regulation
changes.

Henderson - it is just as short for TCI to come from Fairview as
it is for Coax to come from Cambridge Springs.

Welsh - the Township should send a letter to GTE, Coaxial, TCI
and REA telling them we're interested in talking about cable.

Henderson moved to send an invitation letter to the above
companies and tell them we're negotiating for cable service. 
Sitek seconded.  Carried.

Load Limit Ordinance - waiting for engineering study.
Girl Scouts/Tax Exempt - waiting on hearing.

Eminent Domain - taxes have never been paid on the property.  No
one will buy it because of the taxes which amount to around
$3,000.  No other liens on it.

Netzler - have the Solicitor write to the county and school
district asking them to wipe off the taxes then the Township will
eminent domain it and make a park out of it.

Henderson moved that the Township will forgive the taxes on the
old Goodban School property #22-2-13-1 contingent on the same
consideration by the General McLane school district and Erie
county.  Netzler seconded.  Carried.

Residence as Con. Use in B-1 - see 11/9 minutes.

Szymanowicz Complaint - Joe has a sign with his business name on
it.  Dave said he needs a permit for that sign.  He already has a
home occupation permit.  Joe's neighbor does not have a home
occupation permit for his business.

Netzler - have MDIA measure the travel trailer to see if it's a
legal size and send Pete Holmchenko from the Health Dept. out to
check on whether there is a septic system for it.

Henderson moved to ask Pete Holmchenko to check on the septic and
get back to us.  To our knowledge there is no septic system
there.  We will then tell MDIA to measure the trailer for legal
size and check to see what business is being run there.  Netzler
seconded.  Carried.

Netzler - I'll notify PSP that he is running an Ohio plate and
living in PA.

OLD BUSINESS
Sesquicentennial - nothing.
Safety Meetings - nothing.
DER Contract - nothing.
Health Provider List - waiting.

NEW BUSINESS
Lay Off - Dave reported that he and Rick Gould will lay off
unless there is heavy snows that can't be handled with one day on
a week and part time help.  Lay off is planned for Nov. 22 to
Dec. 18.  If no heavy snow, will go through to Jan. 1, 1994.

Netzler moved to lay off Dave Henderson and Rick Gould from Nov.
22 through Dec. 18. with them working one day a week.  If no
snow, lay off will go through to Jan. 1, 1994.  If snow problems
arise, they will come back on full time as necessary.  Sitek
seconded.  Carried.

Whiskey River - Herb reported that the owner was fined for
allowing underaged drinking.

Budget for 1994 - Sitek moved to advertise the 1994 tentative
budget.  Henderson seconded.  Carried.

Front Foot Assessment - Richmond told the Supervisors that they
must use the law as written.  Dave said we can set up a schedule
that says we won't require the assessment until after ten years. 
Exact frontage is necessary.  Mark was instructed to have his
office check the assessment office maps and gather the
information needed for presentation to the residents.

Sitek - you need a chairperson for each section of road before we
do that.

Henderson - why are you worried about a chairperson.

Sitek - I'm losing interest, gravel Silverthorn good and that's
good enough.

ADJOURN
Herb called the meeting adjourned at 1124 hours.

Bonnie J. Bernhardt, Secretary