October 27, 1994

The meeting of the Supervisors of Franklin Township, held in the
Township office, was called to order by Chairman Benjamin Sitek
with the Pledge of Allegiance at 0903 hours.  Present were Sitek,
Herbert Netzler, David Henderson, Attorney Mark Prenatt and Karen
Donikowski.

MINUTES
Sitek moved to approve the minutes of 10/11/94 as presented. 
Netzler seconded, Henderson abstained as he was absent.  Carried.
Henderson moved to approve the minutes of 10/20/94 as presented. 
Sitek seconded.  Carried.

VISITORS
Karen Donikowski - we were told the cost of Silverthorn road
paving could not be divided equally.  Tony called other townships
who said it's the choice of the Township who could go either way.

Netzler - the others don't know what they're talking about. 
Dividing it equally is against the law.  The law says you
"shall."

Sitek - no other townships in Erie County have assessed residents
by front foot. 

Henderson - boroughs and cities do it by front foot.  We're the
first township in the county to try it.

Prenatt - the townships can assess by front foot but residents
can even it out amongst themselves.

Henderson - you as residents can present the Township with a
check for so much which could help even it out.  That's how Fry
road did it.

Prenatt - our research shows the assessment is not tax
deductible.

Henderson - our C.P.A., Dennis Grow of Monahan and Monahan told
me that the part determined for the common good is deductible. 
The personal part of the project is not tax deductible.  We may
have made a mistake in telling the residents that the paving is
deductible.  The most deductible is the rebuilding, interest and
life time maintenance on the road.  The fall out figure is not
tax deductible.  It is better to do a traffic study after the
road is paved and the external traffic goes up.  The internal
traffic will stay the same.  What part is a direct benefit to the
residents is not tax deductible, what part is for the common good
is.  The $2.50 to rebuild and the interest is deductible.

Prenatt - to show a tax deduction, you must show what is for the
common good and be able to defend your figures to the IRS if you
are audited.

Henderson - we need to talk to Russell Standard and get a letter
stating the cost of maintenance for 10 years and add that to the
figure.  The rest would not be deductible.  Keep that letter on
hand in case of an audit.  I'd add it into my real estate taxes. 
Our auditor said that's what he would do on his taxes.  On your
tax bill it should say how much is and how much is not
deductible.  We don't have a definitive answer yet on the amount.

Netzler - send everyone on the road a letter that says a
significant amount is deductible and some is not.

Prenatt - don't send out a letter with tax advice, you'll hang
yourselves.  Let the residents talk to a C.P.A.  It's up to them,
not this Board.
 
Henderson - it's the Board's responsibility for making the
determination on what's deductible and what's not.  The
information will be on the tax bill.  We can't give them the
figure up front though.

Sitek - we can only tell them that an amount will be tax
deductible, do not give them a percentage.  When the figures are
in and the project is complete, then we'll know what the
percentage is.

Henderson - the law says specifically repair, interest and
maintenance.  We have a responsibility to tell the residents how
much is legally deductible.

Prenatt - give no specific percentages or amounts.  I would like
to meet with the Township CPA.

Henderson - he said be very cautious.  Have all your figures
documented.  If you can't prove any figures, you don't get the
benefit of the doubt.  We can be creative to what's put in the
rebuilding.

Henderson moved to arrange a meeting with Dennis Grow, the
Supervisors and Attorney in the office of Monahan and Monahan. 
Sitek seconded.  Carried.

Sitek - put it to a revote with a note attached on the
possibility of a tax deduction.  Have one resident for and one
against take the petition around so there's no partiality shown
and turn it in at a meeting.

Henderson - the Board can't tell them how to do it, you're
speaking as a land owner.

Sitek moved to send out another petition with a note attached. 
Henderson seconded.  Carried.

Prenatt - a letter should go out telling them that some of the
assessment is tax deductible and some is not, you don't need
another petition.

Netzler - the letter should say they can send out another
petition.  We haven't seen a petition, this Board was not
presented with a petition.

Prenatt - they get up a petition, the letter is to inform them. 
The original petition is invalid.  Send a letter with the correct
information and tell them to come to the Township office and pick
up a petition.

Netzler - no deadline.  Anyone on any road can ask for a
petition.  Shove the budget, if it's not in by budget time, go
with the flow.

Prenatt - this is a private petition.  If it's taken out and when
it comes back in, you can't force it to make this years budget. 
Attorney Prenatt will draft the letter.

REPORTS
Superintendent - Dave reported that the mowing is done on the
west side, working on the east.  Some ditching has been done,
pipes replaced, equipment repairs, spreader will go on the 1-ton
today.  PennDOT snow contract starts 11/1/94.

Four Year Road Plan - nothing.

Plows for Grader - front plow is at Gehrlein's for welding.  Dave
will ask Ted Stossmeister if he will take $800 for the plow.

Gledhill Plows - due back in several weeks.  Herb said that Ken
Cowher from Walsh Equipment said he agreed with Herb that
Gledhill plows aren't worth a damn.  Herb asked him how he could
sell them.  Ken said his boss has to realize it.  He added that
all the manufacturer promised us will be done.  All the problems
with the plows will be corrected.

Henderson - Mike Walsh says they'll replace the moldboard
repaired by Gehrlein.

Orders from the Board - Herb said to keep the overtime down to a
minimum.  Dave answered it is already at a minimum.  Ben said the
pipe by Ralph Myers on Silverthorn needs to be lowered, do it and
bill him.  He added that a schedule needs to be set for winter
plowing.  We need more drivers.  Herb agreed to rotate driving
every third weekend.  Dave added that some drivers that we've
used in the past haven't gotten their C.D.L.'s and it's a problem
finding drivers.

Waterways - Herb moved to have Henderson check with Soil
Conservation on the type of seed and mulch that's approved for
use and to get the Township's name on their list.  Ben seconded. 
Carried.

Plugged Driveways - will drop, too expensive and no interest.

Salt Contract/Millcreek Twp. - Herb said he doesn't agree with
it, the price is the same and we must take 40 tons.  I can't see
signing a contract with them when there is no price advantage.

Henderson - we can take what we need and let the rest set.  I
told them we wouldn't commit to a certain figure.  You can't
fault the effort at cooperative purchasing.  Morton just has a
monopoly.

Henderson - send the letter back and say we will not commit to 40
tons and decline to sign.  Mail it back with the contract.

Evacuation Designate - Henderson moved to designate the three
Supervisors, Henderson as E.O.C., Paul Sachar and George Lampman
as assistant E.O.C.s.  Netzler seconded. Carried.

Girard Gravel Pit - Herb said he would like to advertise for bids
next spring to sublease it.  We can transfer the license and
would like to see the Township get 25 cents a yard free and
clear.  We can set it up that we can take gravel whenever we want
it.  D.E.R. has no problem with a sublease.  We have a right to
do it but must advertise and go through the bidding process.  We
would go with the highest bidder.

Sitek - I see no problem as long as we can get gravel out of it.

Netzler moved to advertise the Girard gravel pit for sublease. 
Henderson seconded.  Carried.

FINANCIAL, TAXES
Bills - Herb moved to pay the bills as presented less Anderson
Equipment for the shifter and labor totaling $5,395.61 general
fund; $10,500 Permanent Improvement Fund; $2,563.88 Equipment
Fund.  Ben seconded.  Carried.

Payroll - Herb moved to approve payroll #22-94 as presented.  Ben
seconded.  Carried.

PLANNING, ZONING, HEALTH DEPARTMENT
Industrial Parks - the two parcels of industrial property on
Crane and Rt. 98 have been sold for houses.

Soltys Resignation - Dave moved to appoint Natale Bontore to
replace Greg Soltys.  Ben seconded.  Carried.

Tina Johnson/Conditional Use - hearing is 11/08/94.

Burbules Sketch Plan - Mr. Burbules was not present.

SOLICITOR
Cable TV - Prenatt said he went through things with Coaxial and
they want to meet with the Board at the next meeting.  This plan
is for who they will cable the first 2 years.

Henderson - this is our only time for negotiations.  The contract
is for 15 years.  We will have 244 residences out of 450 that
will not get cable.  When people that don't get it find out they
will blame us.  We'll be inundated with calls.

Prenatt - you'll have to advertise and hold a hearing for public
input.

Netzler moved to advertise a hearing on an amendment to our cable
ordinance.  Sitek seconded.  Carried.

Henderson - you don't want to meet with them and see if we can't
get more area cabled?

Prenatt - your main objection Dave is on the amount of homes
covered?  This was not written as an exclusive franchise.

Henderson - they're ignoring a density of population in one area
and cabling another section with the same density.

Netzler - meet with them privately, I agree with Dave on the
density issue.

Prenatt will take this issue to them.

IntraGlobal - nothing.
Front Footage - done.
Man in Travel Trailer - nothing.
Nudity Ordinance - advertised for 11/08/94
Girl Scouts - no word.

Milled Material -  Mark will get a copy of the contract to see
how much will be milled and who's getting the material on the
rest of the resurfacing.  When he gets it he will meet with them.

Lost Gravel - will have an executive session with all parties
involved: Washington Twp., Elk Creek Twp., Hoover Sand and
Gravel, Franklin Twp. and our Solicitor.  Dave will arrange.

Property Line Problem - working on it.

Trees at Olsavskys - Herb stated that the stump must be removed. 
Water from it is going to take the road out.

Henderson - the law says if trees are creating a problem with the
road they must be removed.

Sitek - our concern is Mr. Olsavsky says we'd be responsible for
damages if the trees fall because we cut the ditch.

Henderson - we asked him if we could cut the trees when we were
doing the road.  Mr. Olsavsky said no.  At that point he took on
the responsibility himself for the trees.  We've told him several
times that the responsibility is his.  That particular stump's
roots are in the ditch and it forces the water out onto the road.

Netzler - we can remove it and bill him.

Prenatt - I will check which way is best to do it and on stump
and tree removal.  I'll drive by the farm and check it out.

OLD BUSINESS - none.
NEW BUSINESS - none.

CORRESPONDENCE
Reviewed.  Dave said that with the Keystone Parks Grant program
we may possibly be able to get a grant for the VFW ball fields. 
The VFW could lease the ball fields to us and we would lease it
back to them in order to qualify for the grant.

ADJOURN
Sitek called the meeting adjourned at 1052 hours.

Bonnie J. Bernhardt, Secretary