November 8, 1994 Hearings were held in the Township office with Chairman Benjamin Sitek, Herbert Netzler, David Henderson, Attorney Mark Prenatt and approximately 30 residents in attendance. HEARING: Tina Johnson, Conditional Use 1945 hours Chairman Benjamin Sitek stated that Ms. Johnson is asking for a conditional use permit to conduct notary public work from her home at 10771 Eureka Road. No comments. HEARING: Nudity Ordinance #4-94 1950 hours Sitek told the residents in attendance that this ordinance was not directed personally against any person, group or business within the Township. Elizabeth Vincent - stated she was against nudity in any public building because it will attract drugs, perverts, and crime into the area. Bob Malina - is there an ordinance against it now. If not we need one, we don't need it in this Township. John Conrad - we moved out here from the city to get away from this type of thing. Sitek - read a letter from the Franklin Center Methodist Church voicing their support of the proposed ordinance. He also read a letter from Jane Matthewson Everett voicing her support of the ordinance. Ron McClelland - who initiated the ordinance? Sitek - I did. I had thought of this type of ordinance before. When I heard rumors I thought it would be a good idea to have one before something happens and get it on record. Dancing is not so bad, it's the drugs, crime, etc. that comes with it. Netzler - we started this ordinance before the stuff in Erie was started. We have problems with parking at one business already. P.S.P. doesn't do anything about it. They say they can't arrest anyone unless they see them parking illegally. Our Solicitor is checking with P.S.P. on it. Discussion. 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. CONDITIONAL USE, TINA JOHNSON Netzler moved to grant the conditional use request of Tina Johnson to conduct notary public work from her home. She must abide by the restrictions on home occupations as listed in the zoning ordinance and no vehicles of customers will be allowed to park on Eureka Road. Henderson seconded. Carried. NUDITY ORDINANCE #4-94 Netzler moved to adopt Ordinance #4-94 on nudity within the Township. Sitek seconded. Carried. MINUTES Henderson moved to accept the minutes of 10/27/94 as presented. Sitek seconded. Carried. VISITORS Silverthorn Road Petition - Ann Bilski presented a petition to the Supervisors for paving Silverthorn Road from Old State to West Stancliff. She stated that 51% of the front footage on that section of road had voted favorably for the paving. She requested that the Supervisors sign a form saying they had received the petition from the residents. She then asked when residents will see action on improvements to the road. Sitek - the road will be prepared in 1995 and paved in 1996. Henderson - if we can pull the money together. Bilski - I thought it would be completed in 1996. Sitek - we told the residents that's what it would be, we should stick to it. Bilski - we did all the footwork, the majority voted yes. We want it paved, where is the commitment from the Supervisors. Netzler - we have to validate the 51%. If we can pull the money together we'll do it. We may pull the money committed to Fry road for 1995 and put it into Silverthorn. Once you petition us we have to do it. That's my opinion. Prenatt - you can petition the Supervisors. Normally you would pay the whole cost. If they offer to help, you have to rely on them to get the money together. Bilski - how can you present the plan at $7/ft. and come back at $5.68. Netzler - we agreed in executive session to pick up the cost of rebuilding from the general fund. Henderson - the actual cost is over $8/ft. I understood that we would have to use three years of Permanent Improvement funds. Netzler - did everyone who signed know it may not be tax deductible? Bilski - we never mentioned tax deduction to anyone. At one meeting of the committee Ben Sitek, Jr. said a portion could be tax deductible. All who signed after that voted no. Netzler - if a tax deduction was not a question at the time, it's all right. Prenatt - it's the right of the property owner to petition the Supervisors. At the meeting the residents were up in arms with the price. The Board is trying to assist you but they must make sure they have the funds. Netzler - after our budget sessions next week, we can let the residents know where the funds stand and how soon we can do it. Don't send out the letter on tax deductions. We'll work the budget and let you know by the December 13th meeting. Bilski - we had 9,365 ft. vote yes and 7,000 ft. vote no. The three that were contacted by phone voted yes. Clarence Mischler - what happens if someone doesn't pay their lien or their taxes and the property goes up for sheriff sale and the assessment office wipes off liens and taxes just to get the property back on the tax roles. Netzler - we're notified of all tax sales. Discussion. Prenatt - the problem is the ad is run one day and the sale is the next day. Tax sales do wipe off liens and mortgages. A mortgage holder will buy up the property to protect his investment. Municipal liens must be paid first. If there is no mortgage on the property, it's sold and there is the possibility of the lien being wiped off but lien holders must be notified of the sale. Bilski - at our meetings and discussions, we were ready to raise money to help those who couldn't pay and we were told they didn't want our help. It took a hand full of people to burst our bubble. It's a shame a lien was even mentioned. Netzler - we put the lien in because the law says we must. Discussion on the condition of Silverthorn. Sitek - anyone can have a bad spring where the roads fall apart. All the townships had roads closed that spring but we were the only one that was crucified. I've lived on Silverthorn for 70 years and the roads have been much worse. All the roads were bad that spring. Henderson - Columbus Township in Warren County had all their roads closed that spring. Resident - the man living in the travel trailer on Mohawk has no septic, no well hooked up and has been living there 1 1/2 years. Prenatt - the Health Dept. needs to go out but we haven't been able to get them to do so. Netzler - get the neighbors to send us a letter of complaint. We can't act without it. REPORTS Superintendent - Dave reported that final grading is being done, some ditching and pipes. Snow equipment is being loaded. The crew will be on lay off from Thanksgiving week to the first of the year unless it snows a lot. Part timers will handle minor snow. Four Year Road Plan - nothing. Orders from the Board - nothing. Plow for Grader - Herb said Ted Stossmeister wants $1,000 for the plow or he will take it back. Dave said it was not worth $200 to try to find another one. Will pay Ted the $1,000. Girard Gravel Pit - Herb and Attorney Prenatt will work on the bid specs. and legal notice. FINANCIAL AND TAXES Bills - Dave moved to pay the bills as listed excluding Anderson Equipment for the shifter and labor as funds become available totaling $8,343.34 general fund and to authorize the payoff of the 1994 T.A.N. when the snow contract money comes in. Discussion on the bills for the J.C.B. and Galion. Herb seconded. Carried. Payroll - Ben moved to approve payroll #22-94 as presented. Herb seconded. Carried. PLANNING, ZONING AND HEALTH DEPARTMENT Industrial Grants - one party buying in Franklin Center received a grant for $150,000. The other parcel will be used for an indoor flea market. SOLICITOR Cable TV - Mark said we will get more coverage with the second phase but he hasn't seen that phase yet. He will redraft the ordinance with the second phase and extensions and will advertise an ordinance amendment and franchise for a hearing on 12/13/94. Netzler so moved, Henderson seconded. Carried. IntraGlobal - Herb said we will take up the issue as a nuisance complaint since Joe Szymanowicz signed a complaint long ago. Milled Material - letter sent requesting a copy of the contract. Front Foot Assessment/Silverthorn - will be removed from agenda. Man in Travel Trailer - handled. Nudity Ordinance - handled. Parking Problems - Herb and Mark will work together on it. Property Lines - will check the deeds. Olsavsky Trees - Mark will send a letter telling them the stump must be removed and the trees also as they will do damage to the road. OLD BUSINESS - None. NEW BUSINESS - None. CORRESPONDENCE - None. ADJOURN Sitek called the meeting adjourned at 2100 hours. Bonnie J. Bernhardt, Secretary