March 8, 1994 The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman Benjamin Sitek at 2000 hours with the Pledge of Allegiance. Present were Sitek, Herbert Netzler, David Henderson and about 20 residents of Fry Road and those concerned about the posted weight limit on Fry. MINUTES Will be approved next meeting. VISITORS Dixie Kleinfeld - will farm machinery be allowed up Fry road in an A-1 area. How can you do your business if not. Netzler - we'll check with PSP on immunity and send a letter to all the farmers. Richard Warnshius - what about milk and feed trucks? Sitek - do you want to ruin Fry road? That's what you're saying. What's your maximum limit to use that road? Warnshius - we hauled 30 loads of manure over that road last year. We're 45,000 pounds with tractor and spreader. The lime truck loaded is 60,000 pounds. Sitek - this is a bad situation, we're trying to reach a solution. Janet Woods - rescind the tonnage until it is researched further. Remove the signs. Washington Twp. doesn't have a problem with it, don't prohibit agriculture. Is it your intention to enforce against the milk truck too? I never would have been in favor of paving Fry road if I'd known you would put weight limits on it. I want to know how each one of you feels about this, I know how Dave feels. Netzler - I won't vote to rescind. The engineer said to post it for 3 tons, nothing over. I can argue the over weight law. I don't think we can enforce against it. Sitek - I won't give an answer until we get legal advice. Netzler - the Attorney says the Supervisors can't be held responsible for the 6 ton limit. Sitek - we were going to go with 10 ton but that didn't work out. Warnshius - I can't afford to be made an example. Henderson - why can't you bond it. Warnshius - all a bond does is make me pay for the damage. Sitek - our intent was to protect that road for the citizens who put so much money and effort into it. We will take a second look. Woods - keep in mind Washington Twp. put up $50,000. The citizens may just have to pay to redo it. It is my hope that Fry road never becomes suburbia. We need to keep the mix of agriculture and nice homes. Warnshius - I need to know right away whether to sign up for Federal programs. Sitek - I had no idea this would cause so much concern. Henderson - it appears the other residents on Fry road are not concerned. Sitek - we may not be in a position to repair damage done. Can't you lighten up on your spreader's loads? Woods - Dick, can you haul early in the morning before the sun comes up and warms things up? No definite answer. Art Williams - when it's posted at 6 ton, can the snow plows use it. Henderson - emergency vehicles are exempt as are school buses. The real problem is we're standing here alone. Other areas strictly enforce their frost laws, everyone abides by them. Williams - I disagree in an agricultural area. What about fuel trucks. Netzler - I don't think you can stop anyone. Greg Weil - what about my truck and trailer. Sitek - what we need is some cooperation. Instead of running the full length of Fry, why can't you come around and come in from Old State. Henderson moved to exempt farm operations from the weight limit restrictions on Fry road. Sitek seconded. Carried, one abstention. Netzler said he would not vote because he thinks the issue is moot. Sitek - why won't you vote. You voted for the ordinance, the signs, the engineer study, etc. Henderson in answer to a question from Warnshius - our Attorney said we could stop the milk truck. Woods - is cable coming? Henderson - no cable as of now because of the confusion with the Federal regulations but the new thing is the direct satellite system which is cheaper than cable. Discussion. Ed Kuligowski - presented a subdivision sketch and was referred to the Planning Commission. Denver Ireland - you have a stock pile of gravel, where are you going to use it? Henderson - on the roads, in potholes in the spring. As soon as it dries a little we can get the road planes on Silverthorn. We need a good week of dry weather. Sitek - if we could stop the extra traffic it would help. The visitors from Fry road left the meeting at 2115 hours. Ireland - the sluice on Silverthorn by my house is plugged with snow. Henderson - we have 20-30 problem areas like that. Al Ruggenkamp - my mailbox on Crane was hit several times. Netzler - we've had more snow this year than in all the nine years you've lived there. If you're plowing in a blizzard, you don't even know where you are at. Usually the plow meets a vehicle and I'd rather hit the mailbox than a car. Henderson - part of it is statistics. The more plow rounds you make the higher the chances of hitting mailboxes. Boxes have been hit. Ruggenkamp - I carry mail in Erie and if I hit one, I'd have to buy that mailbox. Netzler - I've hit as many boxes as any and I never aimed for one of them. Sitek - the drivers need to be a little more careful and the homeowner needs to put up his mailbox right. The responsibility is with the plow drivers and the homeowner. Ruggenkamp - don't plow so close. Leave some snow there. Henderson - then we'd have the opposite situation. If the snow isn't moved over enough, the mailman couldn't reach the box and then we'd have complaints on that. REPORTS Superintendent - Dave reported that equipment maintenance has been done, worked on the Hough, JCB and will put the front axle on the Mack soon. Ray is on vacation. Part timers will pick up the slack as needed. 4 Year Road Plan - on hold. Ireland asked if brine would be used this year. Dave said to stabilize the roads in the spring and then just for dust control. Modify Summer Road Program - Dave reported that we need to make up for $8,000-$10,000 extra spent on snow plowing. Will ignore the bank project on West Stancliff this year because the neighbors must not like the idea, only one contacted Dave. We can not afford to do it without their cooperation. E.S.T.A. wants 7,200 yards and Frosty wants 4,000 yards of Zessinger gravel. Ben Sitek, Jr. - how long will the Zessinger pit last? Henderson - there's enough gravel there to gravel all our roads 5 feet thick but we can't afford to do it. Discussion on cost. Will sell to ESTA at cost ($4.25/yd.). Herb feels we should use our trucks and cut down on the tri-axles. The project roads for 1994 will be West Stancliff east of Silverthorn, New east, New west, and a section of Mohawk. Same as last year which was put off because of the bad spring. Ireland - why not keep going on West Stancliff? Sitek - do West Stancliff in 1995 when you do Silverthorn. Henderson - roads are picked because of the least amount of gravel on that road. If any road is skipped it would be Mohawk. We need 1,500 yards a mile to top gravel, stockpile 1,500 yards. We need 6,000 yards/$25,000. We can handle that if we cut out West Stancliff and it's banks. We can stop crushing ours if we get lots more snow. Netzler - I'd like to see Frosty bill us for mowing and we'll bill him for gravel. Henderson - we can do that, it makes no difference. Hoover got ESTA's bid and is bonding the road. Hauling and loading is Frosty's and ESTA's responsibility. We owe Frosty 4,000 yds. Henderson moved to crush 20,000 yards, to cut back if short of money. Sitek seconded. Carried. Bid Hauling, Loading - go ahead with advertising. Not sure where hauling will go to until we determine what roads will be done. Bid New Road Paving - Dave moved to authorize the project for bid. Ben seconded. Carried. County Aid for 1994 - Dave moved to use the County Aid for equipment rental for gravel crushing. Ben seconded. Carried. Pipe Replacements for 1994 - Dave recommended replacing the pipes at New and Mohawk, Eureka and Crane. Herb will call Dolecki. If the state supplies the pipe for Eureka and Crane it won't be included in the order. Need a 24 ", will measure for length. What about the pipe by Denver's pond. Will check and order a replacement if needed. If it is an 18", will order a 24". If over 18" will come back and talk about it. Plow for Grader - on hold. Letter to Stempin on Mohawk - will send a letter explaining that the plow driver tried to plow but Stempin was stuck in the road. Later tried again and the neighbor was stuck in the middle of the road. Plowing is no problem but we can't plow with a vehicle in the road. Letter to Kozlowski - will send a letter telling them that the run off problem is PennDOT's and include Scott Young's name and number. Sitek mentioned his second complaint was that his mailbox was hit. Snowplowing, Mailbox Guide - Ben said it is a good guide if people would read it. Dave said it would be mailed to everyone in the Township. He added that if we don't give guidelines and someone is injured the Supervisors can be on the hook. Discussion on construction of mailboxes. Rebid Gas, Diesel Fuel - Dave said we can specify underground storage tanks, fee included, no taxes included or can blow if off and accept Erie Petroleum's bid because GasOil's bid was not a legal bid since it was not sealed. Herb moved to accept Erie Petroleum's bid for gas and diesel fuel for 1994. Dave seconded. Carried. FINANCIAL AND TAXES Bills - Dave moved to pay the bills as listed excluding Anderson Equipment (JCB) and Certified Labs totaling $7,661.31 general fund. Ben seconded. Carried. Payroll - none. Computer Update - Dave reported that 20 letters were sent asking for quotes. There is $2,000 in the budget. Quotes were in the $2,000-2,300 range. Low quote was from Millcreek Computer Systems. Dave moved to accept the quote from Millcreek Computer Systems. Ben seconded. Carried. PLANNING, ZONING AND HEALTH DEPARTMENT Minutes were reviewed. Replace Pat Platz - Joe Szymanowicz agreed to accept appointment to the vacancy on the Commission. Someone will be found to replace Joe on the Zoning Hearing Board. Herb moved to appoint Joe Szymanowicz to the Planning Commission vacancy. Dave seconded. Carried. Industrial Park Grant - Herb will sent the letter of intent. Szymanowicz Subdivision of Airport - Joe plans on subdividing off his airport from the rest of his property for liability reasons. Netzler - you need to go to Erie County Planning. Henderson - this is not a real subdivision. He is transferring the land to himself. He will put in a 20' alleyway to Crane and will have a deed covenant, no buildings will be allowed. If it ceases to be an airport, it reverts back to the original property. To shove it through at Erie County Planning you'll need a Mylar, them to sign it and then it comes back to us. SOLICITOR All items on hold. OLD BUSINESS Sesquicentennial - Edith is on vacation, will rush it when she returns. Safety Meetings, Health Care Provider List, Employee Rights - nothing. Man on Mohawk - Attorney will contact Pete Holmchenko. DER Meeting - they now want to meet with the Supervisors and Holmchenko only. Will ask them to come later in the morning for the March 31st meeting at 10:30 a.m. NEW BUSINESS Triathlon - insurance certificate was included with paperwork. Dave moved to send the requested approval. Ben seconded. Carried. 12 Year Transportation Program - Dave thinks someone from here should attend and raise concerns with our roads. Foreign Fire Insurance - Herb reported that for 3 or 4 years the fire dept. was shorted on money. A friend was told that you can not question the Insurance Commission or their procedures and he plans on going to the PA Supreme Court to have the right to look into it and correct the situation. Herb will check our back records and will coattail on what the attorney is doing for Herb's friend. CORRESPONDENCE Planning Commission members were informed of an upcoming training session. Township will pay their way. ADJOURN Sitek called the meeting adjourned at 2209 hours. Bonnie J. Bernhardt, Secretary