May 26, 1994 The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Vice Chairman Herbert Netzler at 0900 hours with the Pledge of Allegiance. Present were Netzler, David Henderson, Attorney Mark Prenatt and Anne Firestone, Assistant District Attorney. MINUTES On hold. VISITORS Anne Firestone spoke on starting a Crime Watch Program in the Township. She would like to see it started before crime moves out from the city. Participants will learn about crime prevention, attend seminars on laws, will devote their attention to their area, form groups with a designated leader and will look out for each other. She stressed that people need to get involved. Netzler - most people in our Township do that already. The D.A. needs to tell us what we can and can not do, that's the weak link. There's a lack of communication between the people and P.S.P. It seems P.S.P. doesn't want to be bothered. Firestone - they are with us in this. They like to have one contact person. They want to help prevent crime because they know they are spread thin. Discussion on illegal parking at Whiskey River and the P.S.P.'s apparent lack of concern. Firestone - encouraged interested parties to attend the seminar at the North East campus of Mercyhurst on June 25. They will be taught how to start a group, crime and fire prevention techniques and about teen violence. She added that it's not a huge time commitment and that other issues can be addressed such as the elderly in winter. Henderson - we will publish a newsletter in June, will you write an article for it. Ms. Firestone said she would and handed out information on the Crime Prevention Program. With no other questions, Anne Firestone left the meeting at 0919 hours. Ben Sitek arrived at 0918 hours. Craig Latimer - spoke on the upcoming county triathlon scheduled for July 9 at 4 p.m. It will include a 10 mile bike race, a 3 mile run, and a 400 yd. swim at Dave's Pond. Roads will not be closed, there will be traffic control, a paramedic will be at Dave's Pond and Elk Valley. He has PennDOT approval. Insurance coverage is with Harbor Insurance and Franklin Township and Fairview Township will be named in the policy. Henderson moved to approve signing the PennDOT form upon receipt of a copy of the insurance policy with Franklin Township named. Netzler seconded. Carried. Craig Latimer left the meeting at 0926 hours. MINUTES Henderson moved to accept the minutes of 5/10/94 as presented. Sitek seconded. Carried. REPORTS Superintendent - Dave reported that grading has been done, winter equipment serviced and stored, plows went on a Walsh truck to the Gledhill plant for repair. 4 Year Road Plan - Dave said it is in the plan to rebuild the Washington Twp. section of Fry Road in 1995. It is in bad shape this year. Earl Koon figures $18,000 will do the job if we pay for the gravel from the Zessinger pit, Washington Twp. hauls and we share the ditching. Washington Twp. will do the bucket work and we will use the Athey and haul it. A major rebuild is a 50/50 split. The road would get an 8" base and 4" top with ditching for the 1.14 miles. Netzler - how many people from our Township use that road. We should do more in our Township instead of that boundary road. Roads 100% in this Township should get more attention instead of getting slighted. Sitek - we still have the responsibility of working with Washington Twp. That road is a connecting link and will take cars off Silverthorn. Henderson - that road gets a lot of traffic. The maintenance level is high and the use will continue to grow. Netzler - I will never agree to build a road for others from Mosiertown etc. to fly down. People in our Township use Francis more than they use Fry. Henderson moved to rebuild the 1.14 miles of Fry Road in 1995. Sitek seconded. Carried, one nay, Netzler. Plow for Grader - nothing. Fry Road Repair - Herb said that as hard as the road is now it's a waste of time to repair it. Henderson - three places need to be dug, 2 by Knights and 1 closer to Old State. Sitek - we need to do something, it needs repaired. Netzler - you could cold patch and roll it. Henderson - we will go with the original plan, if it's too hard we will go from there. Washington Twp. Letter on 10 Acre H.B. - Dave said we need to make our thoughts known to our legislators. With the 10 acre exemption comes some stupid stipulations. We don't want to oppose the bill but they made some stupid mistakes with it. Within the bill are lots of reasons where you can't use your exemption. The restrictions are so strict that no one will ever qualify for an exemption. Netzler - I wonder if DER knew that this was coming up and what was in it. Henderson - sure they did. They look like the good guys but really are the bad guys. Netzler - the Democrats are opposed to the 10 acre rule. City people introduced this bill. With the exodus from the cities, this would stop that exodus and keep them in the cities. Dave moved to send a letter to all our local legislators opposing House Bill 2146 in it's present form with the numerous restrictions. Herb seconded. Carried. Berm Mowing/Dick Crandall - Dave reported that Mr. Crandall has quit farming and has offered to mow berms this summer. If Ben is mowing, we can't ditch if we have good weather. Consider Dick mowing with his tractor and our mower and Elk Creek mow in the fall. Netzler - it's foolish to have Elk Creek do the road side of the ditch. Henderson - we haven't cut brush in 2 years. Keeping the vegetation cut improves ditch draining. If we let it go a year, the cost next year will be greater. We can send a man out with Marty when he's brush whacking. Netzler - we're paying large bills to Elk Creek and you're saying he's not doing what we're paying him for. Henderson - he's been mowing but needs help with whacking brush. Sitek - you gave him the instructions. You should have checked on him. We're getting deeper into Frosty's debt. Netzler - we paid Hoover to dig Frosty's gravel and now he doesn't want it, he wants Zessinger gravel. Charge him double for Zessinger gravel. Henderson - it's up to him when he takes that gravel. We're always one year behind with him. Netzler moved to charge Elk Creek $4.50/yd. for Zessinger gravel. Sitek seconded. Carried. Sitek - I'm not happy with the whole situation. People don't realize how much it costs. Netzler - the other man is to pick up after the mower and keep people away. It's for safety reasons. Cut brush with the safety man then come back and cut the grass. Sitek - are we saving time if he mows and cuts every year. I think we need our own Tiger mower. Henderson - I've been saying that for years. Mow in the spring and the fall mowing would be much less. You really lose time with heavy growth in the fall. Have Dick Crandall mow one round on the road side before Marty comes through to mow across the ditch. Netzler moved to have Dick Crandall mow now and again in the fall before Elk Creek's machine and keep track of the cost for both. Also find out what Crandall will charge less fuel and oil (we supply) and bring that back to the Board. Sitek seconded. Carried. Dave reported that he will be in Washington D.C. June 1-9. Ben will fill in while he is gone. Reflective Stripes/Uniforms - Dave reported that employees can save money on uniforms by changing companies. Reflective stripes can be added to the uniform for $3 per person per week. He added that the stripes would be a safety item. Would the Township be willing to pay for them? Discussion on a lawsuit for lack of wearing blaze orange. Sitek - I want to see what it looks like first. Board Instructions - Herb said the superintendent should be instructed to put cement blocks by the dike at the brine tanks. He feels the dike should be higher. Also whatever is leaking on the brine truck should be fixed. Henderson - I have plans to fix that tank. I'll have Gehrlein weld it. Netzler - with the pond going in we need to control brine leaks and spills better. Henderson - most of the problem was solved by moving the tanks onto the hill. I've told the guys to unhook the hose from the tank first. Any spill will go into the dike. There's no reason why the hose can't be walked out. Netzler - those snowplows were recalled. When they say they are fixed, make sure they really are fixed. I known they fixed several for the city of Erie. I can't believe Gledhill didn't know there was a problem. I'd like to know who sold Erie theirs. Henderson - crushing has started at the pit. I took pictures of Antolik's material. We sent him a letter and he still bulldozed it into the road. He did exactly what we told him not to do. Netzler - he was told not to bury that stuff. The State does not allow you to bury that stuff under grass. Discussion on Antolik's Western Trails extension. All the material from the Treasure Island demolition was hauled to his road extension for use. The Health Dept. told him it was all right to bury it but we won't allow it's use in the roadway. Weiss Fence - our insurance company will look at the fence. The first 100-200 ft. by Dave's Pond was on the right-of-way. Further south the fence is in our right-of-way. When we had 6-8" of water there last winter we used the JCB to pile up the snow so the water could flow. The fence and several posts broke under the weight. Netzler to Prenatt - research about damage to fences and yards. Henderson - as we're plowing snow fences are damaged. The insurance agent is checking on liability for winter damage. In theory, there should be no fences in our right-of-way. Discussion on several other fences in our right-of-way. Prenatt - if the fence is in the right-of-way and you're doing your normal duties of plowing snow, the damage is their responsibility. Even if the fence is outside the right-of-way, you can't be responsible for snow flying over onto the fence. Netzler - you can't be held responsible for a fluke of nature and we had plenty of snow last winter. FINANCAIL AND TAXES Bills/Payroll - Ben moved to approve the bills as listed, $4,970.63 general fund; $1,616.83 state fund; $625.96 building fund and to approve payroll #10-94 as presented. Herb seconded. Carried. FTVFD Contract - Dave moved to pay the 1994 contract amount of $4,000 to FTVFD. Ben seconded. Carried. Franks Pipe Payments - Ben moved to allow Jack Franks to make 4 monthly payments for a new driveway pipe plus permit fee ($146.30). Herb seconded. Carried. PLANNING, ZONING AND HEALTH DEPARTMENT Industrial Grants - nothing. Washington Twp. Sewer and Water Authority - Dave attended their meeting and they seemed to be receptive to consideration of our request at the time of future expansion. They have a requirement from DER that when they reach 80% capacity, which will be in 1996, they will do a study in 1995. They want us to do a study also. We can get grant money up to 85% maybe more for the study but both need to coincide. It would start in 1995 and end in 1996. We should approach DCA and DER and let them know we and Washington Twp. will be doing studies. Henderson moved to approach DCA and DER on grants available for 1995-1996. Sitek seconded. Carried. Romba Mylar - Herb moved to preapprove the Romba Mylar and to approve signing it when it comes back from County Planning. Dave seconded. Carried. SOLICITOR Cable TV - on hold. Eminent Domain - it was advertised, June 9 is the finalized date, we should have the deed by June 10. No one else bid higher. IntraGlobal - the Health Dept. went out but wasn't sure it was the site. Man on Mohawk/Travel Trailer - the man living there told Pete Holmchenko that this Board said it was all right for him to be there. Herb told Pete we didn't. Herb said a travel trailer is treated the same as a mobile home. Henderson - the problem is no septic and whether he is living there permanently. Netzler - a camper trailer doesn't need a septic. Herb moved to send Pete Holmchenko a copy of our ordinance and a letter saying we never approved his being there. Ben seconded. Carried. Airport Material - Mark reported that Dahlremple says it was his material and his attorney told him he's in a law suit now. He is busy with state contracts but will have a meeting after Memorial Day via a conference call. Mark will set up the meeting. Front Foot Assessment - estimated only 4 properties. Dave said we need to research vacant properties also. Secretary will do the research. Garbage Contract - Mark presented a draft for review. Storm Water Ordinance - Herb asked Mark if he thought with industrial growth if we could make any new subdivision adhere to the state laws. The county suggested that everyone have an ordinance in place to enforce the laws. Henderson - incorporate the county ordinance within our ordinance and we can add anything to ours that we want. Prenatt - the Township needs an ordinance that includes the county and state laws and that gives the Township power to enforce. Netzler - we need to incorporate the Clean Stream Act within it also. Henderson - include all this in proposals for grant money. Prenatt - it can wait until 1996 when the state and county ordinance comes in. Girl Scouts/Tax Exempt - Mark reported that Franklin Township was the only one not for tax exemption at the hearing. He said the Judge gave him the feeling that we're all alone. Mark recommends fighting it because of our small tax base. Sitek moved to fight it. Netzler seconded. Carried. Mark will do. Henderson - we granted Wolfe a side yard variance of 15 feet. Should we have all side yards at 15 feet? On I-1 the main plant should be 50' but outbuildings could be 15 feet. Our zoning ordinance should be more specific. Netzler - zoning districts should be consistent. Supervisors asked that the Planning Commission consider the question. OLD BUSINESS Sesquicentennial - nothing. Safety Meetings - planning meeting tonight. Health Care Provider List - nothing. Employee Rights - nothing. Neighborhood Crime Watch - see visitor section. Municipal Financing/FTVFD - they'll get the loan themselves. NEW BUSINESS Bogacki Letter - Herb reported that Mr. Bogacki said he would clean up the debris when he is done fixing up the old town hall. He plans on selling the building. Discussion. Whiskey River - Herb questioned whether they are allowed to block off roads for a benefit. Route 98 was down to one lane during a recent benefit. There were no P.S.P there only rent-a-cops who blocked off the road. He wondered what the Township liability would be. Prenatt - did they get Township and State approval? Netzler - they didn't get Twp. approval. Don't know about the State but will write to the State Commissioner and find out how much authority rent-a-cops have. Low Level Nuclear Waste Site - Herb will attend a meeting on it this afternoon. Dave asked Herb to get a high resolution map of the Twp. Copy Machine - Dave said the copy machine needs to be replaced next year. Will get demos in here soon and get literature. CORRESPONDENCE None. Ben appointed Herb to close the meeting after site inspection at the Antolik Western Trails road extension and Zessinger pit. Supervisors left for inspection at 1137 hours. and returned at 1250 hours. At the Western Trails site, Mr. Antolik said to Netzler and Prenatt that he would remove the material from the road extension and take it to another job if the Board asked him to. Herb moved to send George Antolik a letter telling him to remove the material from approximately the well in the front yard of the Reynolds property at 6230 Western Trail road east to the cul-de-sac and north on the road extension. Ben seconded. Carried. ADJOURN Netzler called the meeting adjourned at 1251 hours. Bonnie J. Bernhardt, Secretary