June 30, 1994 The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman Benjamin Sitek at 0900 hours with the Pledge of Allegiance. Present were Sitek, Herbert Netzler, David Henderson and Attorney Mark Prenatt. MINUTES Sitek - I'm not happy with the vote that we have no control over 2 mobile homes using one septic system. I want a letter from the Health Dept. We should be in control of it, I see trouble in the future. Who's running this Township, us or the Health Dept. Henderson - with the Barlotti trailer, that was a nonconforming use and once it's discontinued it's lost. What you're saying is if they subdivide and put in a community system, that's all right. Can we force them? Sitek - you're only allowed one home per parcel. Netzler - it depends on how the court feels. Herb cited the Washburn property and the Farmer property. Sitek - I want to change my vote on the matter. (pg. 193, Barlotti Trailer.) We need more communication with the Health Dept. Netzler - if a septic exists, it's grandfathered in even though no well is on that piece. I can't see any difference between a large family on one septic and 2 individuals in separate homes on one septic. Henderson - if we refuse a building permit we better have something to hang our hat on. The only thing in the zoning ordinance is a stretch on a mobile home park. We allow an addition for a mother-in-law apartment. It says one residence per lot in A-1. If she leaves it reverts back to a conforming use. They'd have to subdivide. Netzler - it must set idle for a year according to the zoning ordinance. Henderson - if I asked to do it with no existing septic, there would be no problem with denying it but with an existing septic it's a different story. Have the Attorney research it a little since the problem has not been presented to us yet. Sitek - tell them to subdivide or move a trailer on while they're remodeling the house and move it out afterward. Netzler - the only thing you can rectify on a grandfather is something after the law, you can't change something in effect before the law. Sitek - another problem is bringing in a trailer to rent while living in the house. Ben reported that Bob Beck is making the log home into two apartments. Netzler - that place never had a building permit. Herb cited the McKenrick trailer on the old Petrus place. The lot doesn't have 250' frontage and was subdivided only 3 years ago but has an existing well and septic. The Attorney will research what we can and cannot do with nonconforming uses. Ben moved to accept the minutes of June 14, 1994 as presented. Dave seconded. Carried. VISITORS None. REPORTS Superintendent - Dave reported that pipes were replaced on New, Mohawk, south Eureka. Elk Creek and Washington Twp. cut a swale at Zelina's property line. We put a plastic pipe at the line that Washington will be responsible for in the future. Frosty dug the swale, Earl paid for the pipe and we installed it. We've done spot ditching, some clean up from winter, the road project is done except for some fine tuning, minor equipment repairs done. There was a failure on the hydraulic pump on truck 6. We got a rebuilt pump and sent the other one to the factory to rebuild and to check on why it failed. We may get some money back on that. Discussion. Four Year Road Plan - nothing. Plow for Grader - nothing. Majba Guide Rail - Dave will look at it. Safety Stripes - nothing. Orders from the Board - Herb said this Board should not put large stones from the Zessinger pit on our roads. We're flirting with danger. The Second Class Twp. code specifically says no stones on the cartway. There were stones on Mohawk and New and other places. Henderson - are you saying we can't use run-of-bank for base when we're rebuilding? We've covered them with crushed all the way to the sides. Netzler - until it's covered it's dangerous. Henderson - when a road is under construction and marked as such, people have to consider it's being improved and is not a finished product. Sitek - anytime we left the area at night, I picked up the rocks. If a vehicle goes around the grader during construction that's their problem. Henderson - if we're grading we also road rake. The planes pull material into the center of the road and the rock rake puts rocks back onto the sides. The function of the planes is to make a crown. The next step is to rock rake. Netzler - an insurance man told me it's just a matter of time before an "Edgar Snyder" comes calling. It's one thing to dig up rocks while grading but it's different when you haul out of the pit and dump it on the road. When will you start ditching? Henderson - when it quits raining. We're ready when it gets drier. We'll do pipe ins and outs with the bucket. Netzler - use the grader to ditch. Sitek - in some areas yes. The grader in the ditch makes a real mess. The west side has been graveled, nothing has been done on the east side. Send Herb out to grade where needed. Cinders from G.E. - Dave reported that he can get a weeks worth of cinders from G.E. the last week of December and has asked Russell Standard for a tri-axle that week. Dave added that we can get twice as much from G.E. on a Russell Standard truck as from Beute and Bliley but will get some from them until the G.E. week. Olsavsky Trees - Dave reported that Mr. Olsavsky is upset about his trees in the front of the old farm house. He's afraid they will fall on the house. Dave told him with Rick and Ray as witnesses that those trees are his responsibility. Anything over 4 inches is the property owner's problem. A certified letter should be sent telling him that. Netzler - it depends on the damage done from ditching. Henderson - Earl Koon and I told him we'd remove the trees when we were ditching but he refused to let us do it. The insurance company won't pay damages because the house is so bad it's uninsurable. Henderson moved to send Mr. Olsavsky a certified letter concerning the trees. Sitek seconded. Carried. Netzler - what did you do at the bridge. Henderson - we reset the blocks, removed the gravel bar and removed the debris. We should do some cement work to prevent erosion. Netzler - you should have a log loader clean it out periodically. Henderson - a track hoe could sit on the bank and load. Woods bought the 4 or 5 cement blocks that were left. Chain Saw - Dave reported that the old chain saw will be traded in on a smaller limbing saw. Netzler - reported that a limb was down by Matthewson's. He called PennDOT but the neighbors cut it up. FINANCIAL AND TAXES E.S.T.A. Gravel Bill - Dave reported that their gravel is sitting at the pit. They were told that payment was expected when the crushing was done. We will bill them for 8,200 yds. of crushed at $2.75/yd. so we can pay Hoover. Netzler - I don't think our truck box was loaded with 9 yards. Henderson - that bucket is 3.75 yds. struck. He's putting 2 heaped buckets on. It goes to 4 1/2 yds. when heaped. All agreed to send the bill. Bills - Henderson moved to pay the bills as presented less the Anderson bill for the shifter totaling $20,824.11 general fund, $2,230.61 fire department fund and $10,615.66 state fund. Sitek seconded. Carried. Payroll - Henderson moved to approve payrolls #12-94 and #13-94 as presented. Sitek seconded. Carried. PLANNING, ZONING AND HEALTH DEPARTMENT Industrial Grants - Herb said they may have to change properties because of a wet land in the center of the first parcel. Sewage/Washington Twp. - nothing. Zelina Mylar - Herb moved to sign the Zelina Mylar, Dave seconded. Carried. Mylar signed. SOLICITOR Cable TV - on hold. Dave said he saw a television ad for a PrimStar system which is the 18" dish and package. Eminent Domain - the deed has been recorded. We will ask Hugh Crandall to attend the July 12th meeting and ask him if he wants to purchase the property. Prenatt - will you clean it up before you sell it. Then you will know it's done. Sitek - offer it to him at $300, he cleans it up and the deed is transferred when the job is done. IntraGlobal, Man in Travel Trailer - nothing from the Health Dept. Airport Milled Material - no meeting this month, will try next month. Front Foot Assessment - Ben questioned the section of the letter to residents on payments. Dave said that no interest will be charged until after the ten year period. It is included in the $7 foot assessment. If they never pay the property is liened. The amount owed plus interest would continue to accrue. It is possible that the lien and accrued interest could be more than the property is worth. Sitek - by law, can you force them to pay? Henderson - yes, if an ordinance is in place or if they pass this on a referendum, it's binding. Discussion. The 51% majority is by front foot not by property owners. Dave said he will add a paragraph to the letter on that issue. Herb cautioned that we make sure we have 51% after the vote. Attorney Prenatt will check the letter for accuracy with the law. Specs. for Garbage Contract - corrections were made to the first draft. Discussion on dead animals in garbage bags. Henderson moved to advertise and hold a hearing on Ordinance #3-94 on July 28 at 8:55 a.m. Sitek seconded. Carried. Girl Scout Tax Exemption - Prenatt will draft a letter for approval at the next meeting. OLD BUSINESS Sesquicentennial - working on it. Safety Meetings - nothing. Health Care List - nothing. Employee Rights - nothing. Neighborhood Crime Watch - Ben attended the informational meeting. He will get a meeting together with Ben Sitek, Jr., Ann Bilski, Tim Kuntz and Mike Brinker on Silverthorn. Township will put up the supplied crime watch signs. Netzler - they're still parking in the "no parking" zones at Whiskey River. Who's running us around, the D.A. or P.S.P. Henderson - I followed a cruiser from exit 4. The cars were parked on both sides of Old State in "no parking" zones. He never stopped. Sitek - sometimes if you call and put them on notice in case of an accident it gets action. Discussion. Sitek moved to send P.S.P. a certified letter going on record about the problem removing the liability from Franklin Township. Netzler seconded. Carried. Netzler - the auxiliary police have been tossing people out of the tavern. I wonder how much authority they have. Even though Old State and Rt. 98 are state roads, once we've been notified, we're on the hook until we notify PennDOT. FTVFD Catch Basins - Dave said the engineer says they need 4 catch basins. We propose ESTA pays for two and we pay for two with the money coming from the Fire Dept. fund. We will benefit by eliminating the drainage problem. The cost is about $500 each. Sitek moved to purchase two catch basins for installation on the fire dept. property with the money coming from the fire dept. fund. Henderson seconded. Carried. NEW BUSINESS None. CORRESPONDENCE Upcoming training sessions reviewed. ADJOURN Sitek called the meeting adjourned at 1200 hours. Bonnie J. Bernhardt, Secretary