November 18, 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, David Henderson, Attorney Mark Prenatt, Lynn Begue and Glorianna Cortney of the Girl Scouts and Donna Platz. MINUTES Henderson moved to approve the minutes of 11/8, 11/14, 11/17 as presented. Sitek seconded. Carried. VISITORS Glorianna Cortney - the Girl Scouts are doing a feasibility study on development at the camp in Fairview and Franklin Townships. In Franklin we would like to build a building for additional housing, a recreation center and offices. Since we talked to the Planning Commission, we found that we need to upgrade our septic system and are working with a consultant. The only suitable site is on the Franklin Township parcel. The Planning Commission had no problem with a variance or amending the Zoning Ordinance to allow these facilities. Our time frame is several years. Lynn Begue, executive director - we consider the whole area in both townships as the camp. Henderson - our ordinance says permitted use in A-1 includes recreational and institutional uses. The general wording of the section allows you to be liberal. The girl scouts fit the category. Henderson moved the Board feels that the Girl Scout planned usage fits with the A-1 agricultural category as written and they may proceed with their expansion plans. Sitek seconded. Carried. Henderson - I talked with Fairview Twp. on increased maintenance on Hawthorne Ridge Rd. and they have no problem with it. Begue - we received notice that the 55 acres and the gorge are taxable also. The houses were deemed taxable, we have no problem with that. Henderson - we have no control over the assessment decision. Begue - the kids use that land for recreational uses, hiking etc. There are no tents there now. We are choosing not to fight the decision for economic reasons. We are asking that the Board and the school district exonerate the taxes on that 55 acres. Herbert Netzler arrived at 0914 hours. Sitek - I'm in favor of it but want to know when the school district exempts you first. Henderson - I'm generally in favor. The tax to the Township is small, $15.44 but the amount owed to the school district would be the large amount. Ms. Begue and Ms. Cortney left the meeting at 0915 hours. Donna Platz - we want to convert our barn into a restaurant. The Planning Commission said to bring our information to the Board. Supervisors reviewed the sketch plan. We feel the neighbors may be more favorable if we stay zoned A-1. The Planning Commission suggested a variance. Henderson - it's better to rezone. You'll have economic value built up in the property. If the restaurant goes out, you'll loose money. Netzler - this is why they killed the grandfather rule. You can't go with what the neighbors want. You can't just take that corner and rezone for you and not allow someone else to come in. I was told this on the Sheffer property. When you grant a variance it stays. Henderson - you grant a variance for lot size, frontage, etc. You can't grant a variance for a zoning change. Zoning use does alter the neighborhood. She needs either a conditional use or a zoning change. Sitek - the neighbors can oppose it but the final decision is with this Board. Prenatt - it appears she can't get a variance but can get a conditional use or a zoning change. Netzler - if she gets a conditional use, we set conditions on it. County court says the conditional use stays with the land. Henderson - I don't think a conditional use is all right either. The proposed use does not fit with the area. They need a zoning change. Mrs. Platz will return to the Planning Commission with her request. She left the meeting at 0930 hours. REPORTS Superintendent - Dave reported that the crew is making ready for winter. Lay off starts Monday the 21st. Four Year Road Plan - nothing. Orders from the Board - Herb asked if employees are working vacations and holidays and getting paid for it? Dave answered no, they are taking them off. If heavy snow, they would work it. Discussion on double time. FINANCIAL AND TAXES Bills - Dave said we are cash poor, bills will be paid as funds become available. The snow plowing check is late. Dave moved to pay the bills as listed excluding Anderson Equipment (shifter) and Valk Mfg. (returning) as funds become available totaling $7,429.22 and including EIT claims totaling $5,304.92. Sitek seconded. Carried. Payroll - Sitek moved to approve payroll #23-94 as presented. Henderson seconded. Carried. Budget 1995 - a cost-of-living increase of 3.8% was included which will be for all employees and recommended to the auditors for the road superintendent and working supervisors. Employees - $8.10/hr.; Superintendent - $11.12/hr.; Working Supervisors - $9.46/hr; Part-timers with experience - $8.10/hr; New part-timers - $7.50/hr. until they get experience. Change of rates will take place with the first payroll check written in 1995. Sitek moved to approve for advertising the tentative budget for 1995. Henderson seconded. Carried. PLANNING, ZONING AND HEALTH DEPARTMENT Industrial Parks - waiting. Girl Scouts - done. SOLICITOR Cable TV - Prenatt reported that Coaxial will not go further north on Eureka than West Stancliff but will pay a portion of the pay-for-view fee to the Township. Herb and Dave agreed that they don't see why anyone would get cable when you can buy the small dish for less. The Attorney will handle the advertising for the hearing on the cable ordinance amendment and the franchise agreement. Milled Material - Netzler moved to send a letter to Russell Standard stating that they will haul any milled material to the Township for one half of the material. Henderson seconded. Carried. IntraGlobal - nothing. Man in Travel Trailer - nothing. Property Line Problem - nothing. Trees at Olsavskys - Mark reported that the letter will say that the stump and trees must be removed within a time frame. If not the Township will remove them and bill the property owner. Henderson - if presented properly, they should know they can do it cheaper than we can do it. Mark will draft the letter. OLD BUSINESS Hold until later. NEW BUSINESS Letter to Ridge, Boyes, Merry - Herb said he wants a letter sent concerning reinstatement of the 10 acre rule. He feels there is no excuse for not reinstating it now that the Republicans hold a majority in both the House and Senate and we will have a Republican governor. Henderson - the letter should say the the economic development of many areas is being impeded by the lack of septics. DER gets excited if you run more than one chlorinated system in a ditch or stream. Lengthy discussion on chlorinated systems. CORRESPONDENCE Dave moved to allow Bonnie Bernhardt to attend a training seminar on the duties of the zoning officer. Ben seconded. Carried. The committee sheet for the ECATO was circulated. OLD BUSINESS Hoover Sand and Gravel Proposal - Alan Marzka from Hoover arrived at 1030 hours. He stated that the Township owes Hoover for an additional 5900 yds. of crushed gravel. They owe us 2016 yds. of crushed for gravel removed from our stockpile worth $9,055. That leaves $3,500 in trucking to get it here. The deal leaves the Township with no debt but only 777 yds. in the stockpile. Henderson - they owe us 777 yds. How about adding 750 yds. to have 1,500 yds. and pay the additional cost. We owe Ivancic and Tan $16,571. We have around $14,000 coming from ESTA. We must come up with $2,000 from our funds to pay them. We need 1,500 yd. in the stockpile. We billed ESTA for the gravel Hoover took from our pile to finish ESTA's project. If we work this altogether, there's no bills for either. Netzler - it should cost us 0 to replace that pile, Hoover should crush and haul it for nothing. Henderson - but we billed ESTA for that gravel. Sitek - we owe $11,926 to Hoover, $16,000 to Ivnacic and Tan and we have $14,000 coming in. How did we make a deal like that? Marzka - ESTA and Urban Engineers screwed up. They never told you but they bid compacted yards and you bid loose yards. You paid for loose yards and we hauled loose yards. They wanted compacted. That has no bearing on what we hauled. Henderson - the shame is Urban Engineers didn't tell us compacted yardage or we would have bid 30,000 yds. instead of 20,000. Netzler - if it's in the minutes 7,500 yds. of gravel, then they owe us for the overage. Discussion on how much gravel each entity used. Estimated missing gravel is 6,821 yds. Henderson - we proved our stockpile, Russell Standard weighed their loads, I saw how Hoover loaded his trucks. Frosty Crane and Ike Hill from Elk Creek Twp. arrived at 1105 hours. Earl Koon from Washington Twp. did not show up. Marzka - if we bring over 777 yds. of material, your cost will be nothing. If you want the additional 1223 yds. to replace the 2,000 used it will cost you for hauling and the material. I feel comfortable with our yard count. I have no idea where the other material is at. Netzler moved to have Hoover Sand and Gravel put in 775 yards of crushed gravel now. We will decide later on the cost of the additional 750 yds. of crushed gravel from the Kinter Hill pit. Sitek seconded. Carried. Lost Gravel - Herb stated that 6,821 yards are missing. Ben added that you would have to haul another week and a half to haul that much. Frosty Crane - I know what we hauled, 684 yards on 7/27,28,29. Ike Hill - we only loaded one Washington Twp. truck with 5 scoops (15 yards). Henderson - if you heap it your getting 5 3/4yds. on each scoop, 20 yards on that truck. Discussion on how to load a bucket. Sitek - how much can you overload a truck. You wouldn't use up 6,821 yards. It would take a lot of time and trucks to remove that amount. This Township can not afford that bill. If you start an investigation, where does it start, who does it, there's extra cost. Assuming everyone involved is honest, where's that gravel. Crane - we're not out to cheat anyone. Netzler - someone got a nice parking lot at our expense. Henderson - Hoover's last day in the pit was 6/24 the first time around. Crane - the pile was big when we started. Washington Twp. started hauling 7/12 or 13. They didn't haul the whole time, Tuesday, Wednesday, Thursday and Friday that week. They didn't haul the whole week in between. They hauled on 7/25 and 7/26. Henderson - we have slips from them for 7/13 and 7/25-29 and no others. Washington Township hauled 2 weeks ahead of Elk Creek and we don't have slips for those dates. No one was suppose to haul ahead of Washington Twp. Marzka - if you're missing 3 days of slips, you're missing 3,000 yards. Henderson - their slips show 11 or more rounds a day. Prenatt - either Elk Creek, Washington Twp. or someone else stole it. The picture that Hoover has of the pile when they left shows 11 or 12,000 yards in the pile. When Washington and Elk Creek were done there should have been 6,800 left and only 2,000 was left. Henderson - Washington Twp. slips show they were only hauling 800 yds. a day, that's light. We averaged 1,100 yards on New Road. We put in 3 1/2 scoops with a 3 1/2 yd. bucket. Earl only goes by the slips his truckers turn in. Crane - Earl's trucks hauled a lot longer in the day than we did. Henderson - we can take core samples on our road and their road and see what we come up with. Crane - that won't give you an accurate figure either, there will be varying depths. Netzler - someone hauled somewhere. Prenatt - meet with those who hauled for Washington Township. Marzka - with a 3 1/2 yd. bucket and 5 scoops, that's 17 1/2 yards a load. Crane - they didn't haul more than 5 buckets a load when we were there. They had to be hauling more than those days you have slips for. Marzka - there must be some slips missing, 500 yards wouldn't make a dent in that pile. Netzler - if there's only one slip for one day of hauling from the township line to Rt. 6-N, no way. Sitek - at the next meeting, have Earl Koon, his drivers, Elk Creek, Hoover, and us all be here and decide what to do. ADJOURN Sitek called the meeting adjourned at 1206 hours. Bonnie J. Bernhardt, Secretary