July 28, 1994

A hearing on Ordinance #3-94/Garbage Collection, held in the
Township office, was called to order by Vice Chairman Herbert
Netzler at 0900 hours.  Present were Netzler, David Henderson,
Attorney Mark Prenatt and numerous township residents.  Ben Sitek
was absent due to illness.

Erica Harman - is a single hauler mandatory for the whole
township?

Henderson - there will be one collector/vendor for the Township
which will eliminate the 3 or 4 trucks over the roads in the
spring.  That's the only difference in the system.  One vendor
chosen by the lowest bid for the whole township who will pick up
curbside and supply and pick up the bags.

George Heath - what about recycling?

Henderson - we are not mandated to recycle.  The boy scouts are
starting a program to recycle aluminum cans.  Those who recycle
can continue to do so.

Leslie Hetz - this is mandatory for the whole township?

Henderson - curbside will be on a user fee basis with the one
vendor or you can buy the bags.

Judy Gormont - if we take garbage elsewhere, will we be in
violation of the ordinance? 

Henderson - no.

Netzler - it's a state mandate that we bid a three year contract
for waste management.  When we bid the last contract all was well
until BFI came in and got people all stirred up with their bulk
mailing which included some of Franklin Township.  Waste
Management has a bona fide contract with us.  Anyone else is not
legal and Waste Management could come back on the residents.

John Pekelnicky - what about dumpsters?

Netzler - commercial dumpsters are excluded.

Henderson - an ongoing residential dumpster would be through the
contract hauler.  A short term dumpster for say a remodeling
project would fall under commercial.

Prenatt - isolated pickup for commercial is all right.

Gormont - there will still be as many trucks on the roads picking
up businesses.

Harman - what's the difference with using small trucks or a big
Waste Management truck?

Netzler - it would still be less traffic.  The ordinance says
that in the spring they must use a small truck to collect and
bring it back to the big truck.

Henderson - other than in the spring, weight doesn't matter. 
When the density of pick up goes up the price should come down. 
You are only billed if you use it and using bags just limits the
trucks running on the roads.  Prices will go up with this new
contract but with a competitive bid price and increased density
the price should be lower than what you're paying now.  Residents
will already have the lowest price available through the bidding
process.

Netzler - Waste Management has always been the lowest bidder. 
Harrisburg mandates a 3 year bid and also mandates where it's
dumped.  Anyone who hauls other than the contract bidder is
stealing services and this Board could be held liable and
residents taxes would go up to pay for the law suit.

Henderson - no fee is returned to the Township, it all goes to
the hauler.

Pekelnicky - who polices it in the spring?

Henderson - there is a spring frost law and we would police it. 
To post a road for weight we need an engineering study done, an
ordinance in place, post the weight and P.S.P. has to enforce it.
 It's a tough deal to pull off.

Netzler - my concern is getting nailed by the low bidder with
someone taking his business away from him.  He could press the
issue and if the Township gets sued, you all get sued.

Prenatt - the law states a method of garbage collection.  You
need an ordinance, you must bid the contract for a three year
period and you must hold a hearing for public comment.  The
purpose is to save the roads and to have control over who is
picking up the waste.

Henderson - we are in violation if we allow more than one hauler.
 The successful bidder will be the only one allowed to collect.

Gormont - we are upset because we don't see a problem with the
present system.

Henderson - we are trying to correct an illegal system by passing
this ordinance.  We have no choice.

Netzler - our hands are tied, we're locked into this system.  We
have to have an ordinance.  We couldn't wait for an evening
meeting.  We had to get it advertised, get the bids out and back
in and we had to have the hearing today so we can bid.

Harman - does it say absolutely that we have to go with the
winning contractor? 

Netzler - if Waste Management gets the bid, they can subcontract
with another hauler.  The only other way would be to divide up
the Township.

Prenatt - the law states you must bid.  The best way is an
exclusive contract to get the lowest bid.  Under the ordinance if
you have someone else haul, the Supervisors can fine the other
hauler.  Commercial haulers must comply with the ordinances of
townships.

Henderson - we have to take the lowest responsible bidder.  It's
a three year contract, we're locked in for the three years.  We
will have to rebid it again in three years.  Waste Management
could sue us.  We were wrong when we didn't include pickup in the
last contract.  All people who have a license to haul will
receive a bid package.  After the bid opening they will all know
who won the bid.  We can recommend to the successful bidder that
they tell all the residents that they are the exclusive hauler. 
This ordinance is to come into compliance with the mandate for
whole coverage, pick up and bags.

Netzler to Gormont - you won't be billed unless you contact the
lowest bidder.  If you ship your garbage by commercial hauler or
your husband hauls it into Erie fine, if you want pick up you
must call the hauler and make arrangements.

Prenatt - a quarterly fee method and a per bag method are
included in the ordinance.  Your choice is a bag rate or
unlimited curb side.

Netzler - no bidder would accept these yellow bags at curbside
because it's too cheap.  These bags are twice as expensive in Elk
Creek Twp.  I can guarantee the hauler won't pick up one of these
yellow bags at curbside.

Harman - if I want a hauler and use him for a quarter can I
switch to bags then?  The whole Township should have been
informed when it concerns everyone. I think you should have sent
a letter to everyone in the Township telling them about this
ordinance and another to tell them who wins the bid.

Henderson - yes you can switch.  Most everything we do here is
required by law.  Everything we do in this office costs you the
residents money.  Are you willing to pay the cost of about $400
to send the letter telling who wins the bid?

Netzler - we've been working on this ordinance for 6 months to
protect you the residents and I'll tell you that I'm going to
vote for it to protect you and this Board.

Harman - if may be the best for the township to have one hauler
and I'm glad you researched it.

Discussion on the heavy trucks using Crane Road in the spring.

Henderson - we're using whatever means we can to eliminate damage
to the roads.  All the roads would need to be studied, posted and
we would encourage P.S.P. to come out and catch violators.

Netzler recounted the deliberate violation of the posted weight
on Fry Road by a milk hauler and of the fines to two milk haulers
on Crane Road.

Harman - when will the ordinance take effect and when should we
switch over.

Henderson - all haulers will know who got the bid.  Probable
change over will be October 1, 1994.

Hearing adjourned at 1030 hours.

Vice Chairman Herbert Netzler called the meeting to order with
the Pledge of Allegiance at 1030 hours.

MINUTES
On hold.

VISITORS
Cindy Gray - when will you ditch Eureka south.

Henderson - it depends on the weather.  We're doing West
Stancliff and Silverthorn this year weather permitting.  They
were scheduled before Eureka.  Your road isn't in any worse
condition than others.

Pekelnicky - is ditching on Silverthorn prior to paving?

Henderson - yes, it should reduce the cost of paving.

Discussion on paving different sections of Silverthorn.

Pekelnicky - we shouldn't have to pay an assessment for normal
road maintenance.

Henderson - gravel maintenance is only about $5,000 of the cost. 
The big buck is $5.00/ft. for paving and only $2.00/ft. for all
the rest.  Certain things wouldn't be done unless we were
rebuilding.  Pipes wouldn't be done unless they failed and we
wouldn't be putting a foot of gravel on unless we were paving. 
Cost of some improvements is normal like ditching and brush
removal but a foot of gravel and under road pipes aren't normal
maintenance.

Discussion on what road to pave first.  Question was asked how
Silverthorn was picked.

Henderson - we had numerous residents on Silverthorn ask about
paving and show an interest in getting it paved and Ben Sitek
wanted to see if the interest was genuine and if this type of
paving project would fly.

Gray - how do you start to get your road paved?

Henderson - you take a petition around and get 51% of the front
foot assessment to sign it.

Netzler - we have to pave a road if 51% signs the petition.

Gray asked that a petition be sent to her and she will take it
around.

Henderson to Pekelnicky - taxes will not go up because the road
is paved.

Netzler - we can't make a deal for farmers.  It's etched in stone
how much a solicitor can charge to collect unpaid debt.

Brian Horn - can you be forced to pay.

Prenatt - yes, the Township can force you to pay off your lien if
you don't make your payments.

Henderson - you have 10 years to pay.  If a person paid 3 years
and died, his estate would pay off the lien.  You can be sheriff
saled if the lien is not paid.

Pekelnicky - didn't you set a precedent on Fry road by paying 1/4
of the fee.  Can the township pick up 1/4 of the cost of paving
Silverthorn.  Why should we pay for general maintenance.

Henderson - if the vote goes against paving there's no cost to
you.  When you sign the card, you create a petition.  The wording
is from the Solicitor's petition.

Netzler - the letter went out to everyone to explain what's going
on instead of someone with a petition who may not explain things.

Netzler to Pekelnicky - the mandate came out of Harrisburg that
it's by front foot assessment not by property.

A resident was told that to install "Children Playing" signs he
would need to pay for the purchase of two at about $140 and the
Township would install them 

REPORTS
Superintendent - Dave reported that ditching is being done.

Four Year Road Plan - nothing.
Plow for Grader - nothing.
Reflective Stripes - nothing.
Orders from the Board - nothing.

Waterway Improvements - Dave asked if Herb could go out with the
JCB and fix up the tail ditches.  Herb will let him know by next
meeting.

FINANCIAL AND TAXES
Bills - discussion on Hoover Sand and Gravel.  Dave said that
Frosty (Elk Creek) is getting his gravel now and we need to
discuss price and we need a different system for gravel and
mowing.  Dave suggested we cut back the cost for both.

Netzler - if they want Girard gravel fine but crushed is more.

Henderson - it costs us $2.50/yd.  Mowing is 30% more or
$3.25/yd. 

Netzler - hold off until Ben is back at next Tuesday's meeting.

Henderson moved to pay the bills as listed excluding Anderson
Equipment (shifter) totaling $25,247.66 general fund.  Netzler
seconded.  Carried.  The Hoover bill will be held until the
E.S.T.A. check for gravel clears PLGIT.

Payroll - Henderson moved to approve payroll #14-94 and #15-94. 
Netzler seconded.  Carried.

Copier - nothing.

PLANNING, ZONING, HEALTH DEPARTMENT
Industrial Parks Grants - nothing.
Sewage/Washington Twp. - nothing.
Variance Hearing/Bernhardt - advertised for 8/9/94/

SOLICITOR
Cable TV - tabled.
IntraGlobal - nothing.

Airport Milled Material - meeting set up for August 16 at 10 a.m.
 Supervisors need to be present.

Front Foot Assessment/Silverthorn - discussed.
Specs for Garbage Collection - discussed.
Man in Travel Trailer/Mohawk - waiting on Health Dept.

ORDINANCE #3-94/GARBAGE COLLECTION
Netzler moved to accept the ordinance with the changes (1 ton
type vehicle).  Henderson seconded.  Carried.  Bid specs will be
finalized by August 9th meeting.  Will take out of Section 3 m.
and e. concerning dead animals.

OLD BUSINESS
Sesquicentennial - nothing.
Safety Meetings - information in Supervisor's boxes.
Provider List - information in Supervisor's boxes.
Employees Rights - nothing.

Neighborhood Crime Watch - Herb stated that the program is a
joke.  At 12:03 a.m.there was rifle fire at the "house of ill
repute" in Franklin Center.  P.S.P. was called and they said "get
a life."  Also an employee of Roberts Trucking ripped Mr. Roberts
off, his foot prints were everywhere, he cashed a stolen check
and there is still no arrest in the case.

NEW BUSINESS
None.

CORRESPONDENCE
ECATO Picnic - no one attending.
Legislators Dinner - Dave and the Attorney and his friend will
attend.

ADJOURN
Netzler called the meeting adjourned at 1147 hours.

Bonnie J. Bernhardt, Secretary