December 13, 1994 HEARING - CABLE TELEVISION FRANCHISE, ORDINANCE AMENDMENT The hearing on the cable television franchise and cable ordinance amendment was called to order by Chairman Benjamin Sitek at 1950 hours with the Pledge of Allegiance. Present were Sitek, Herbert Netzler, David Henderson and David Westcott from Coaxial Cable. Sitek - the franchise with Coaxial is for cabling parts of the Township and an amendment to our present cable ordinance. Westcott - we are currently getting permits from REA to put lines on their poles. No other comments. Discussion on the location of the low level nuclear waste site. Hearing adjourned at 2000 hours. The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman Sitek at 2000 hours. Present were Sitek, Herbert Netzler, David Henderson, David Westcott from Coaxial Cable and various residents. MINUTES The minutes of 11/18/94 were approved as presented in a motion by Sitek and second by Henderson. Carried. VISITORS None comments. REPORTS Superintendent - Dave reported that plowing and cindering has been done as needed. Lay off continues. Four Year Road Plan - nothing. Orders from the Board - nothing. FINANCIAL AND TAXES Bills and Payroll - Dave moved to pay the bills as listed excluding Hoover Sand and Gravel and Rudy Ivancic totaling $14,375.80 general fund. Ben seconded. Carried. Dave moved to approve payroll #24-94 as presented. Ben seconded. Carried. c8RESOLUTION #3-94 BE IT HEREBY RESOLVED THAT the Supervisors of Franklin Township do adopt the tentative budget for 1995 as advertised. Henderson moved to adopt resolution #3-94. Sitek seconded. Carried. c8RESOLUTION #4-94 BE IT HEREBY RESOLVED THAT the Supervisors of Franklin Township set the tax levy for 1995 at seventeen (17) mills: general fund, 9.0 mills; fire department, 2.5 mills; municipal building, 0.5 mills; equipment, 2.0 mills, permanent improvement, 3.0 mills. Henderson moved to adopt resolution #4-94. Sitek seconded. Carried. c8RESOLUTION #5-94 BE IT HEREBY RESOLVED THAT the Supervisors of Franklin Township authorize the securing of a Tax Anticipation Note for $25,000 from PNC Bank for 1995 and the signing of all necessary documents related to said note. Henderson moved to adopt resolution #5-94. Netzler seconded. Carried. c8RESOLUTION #6-94 BE IT HEREBY RESOLVED THAT the Supervisors of Franklin Township appoint the certified public accounting firm of Monahan and Monahan to conduct the audit of the financial accounts of Franklin Township and the Township officers in accordance with the laws of the State of Pennsylvania. Henderson moved to adopt resolution #6-94. Netzler seconded. Carried. PLANNING, ZONING, HEALTH DEPARTMENT Industrial Park - on hold. Conditional Use--Keith Jeffreys, 10965 Rt. 98, Residence in I-1 - Dave moved to hold a hearing on January 10 at 8:00 p.m. Ben seconded. Carried. Rezone from A-1 to B-1--Patrick Platz, 10414 Rt. 98, S.W. Corner of Rt. 98 and New. Rd. - Dave moved to hold a hearing on January 10 at 8:00 p.m. Ben seconded. Carried. Mr. Platz said he talked to his neighbors, Bartosek and Kantz, and they had no problem with it. Conditional Use--Mark Tessier, 6924 Old State Rd., Home Occupation in A-1 - Dave moved to hold a hearing on January 10 at 8:00 p.m. Herb seconded. Carried. Sketch Plan, Gary Truitt, 11057 Eureka Rd. - Mr. Truitt is subdividing off the original house, garage and shed with 2 acres and a 10 acre lot on the north corner of the property. He plans on keeping the remaining 64 acres. Herb said that if the plan is all right with Erie County Planning it's all right with him. Dave added that if he is not interested in getting a septic system on the 10 acre lot, his Mylar will be stamped "not approved for septic". He can develop the site later. Burbules Mylar - not back from DER. SOLICITOR Cable TV - Dave Westcott said they are mapping out the entire Township. Initially 75-80% will be cabled. Discussion on fiber optics and fiber nodes. Henderson asked if they will have the new emergency alerting system. Westcott said they will be forced to have it. Henderson - if I as emergency management coordinator use that to alert Franklin Township will it alert Crawford County with the same head end. With the new system the only area effected is to be alerted. Not Crawford if a warning is for Erie County only. Netzler moved to accept the franchise agreement with Coaxial Cable and the amendment to the Franklin Township cable television ordinance. Sitek seconded. Carried. Trees at Olsavsky - Herb reported that Attorney Prenatt said we should contact Washington Twp. Council to take up the issue of the trees at the Olsavskys. The trees must be removed and Washington Twp. takes care of that side of the road. Council should be told that the trees are a liability issue. Netzler moved to send a letter to Washington Township Council concerning the trees at the Olsavsky property on Fry Road. Henderson seconded. Carried. OLD BUSINESS Hoover Sand and Gravel - Dave said Hoover will deliver 500 yds. at $7.85 tons for $5,887.50 plus the 777 yds. they owe us. We can back bill ESTA for our cost of the hauling. Discussion. Netzler - the day I made the motion, they were to replace the gravel at no cost. Henderson - we're not out money. He'll replace the 777 yds. at no cost. We're not out money, we're out gravel. We sold our gravel to ESTA. Netzler - my motion was to sell ours to ESTA and they replace at no cost to us. Henderson - the error is, instead of billing at $2.75 yd. it should be plus hauling. We'd still owe Hoover. Netzler - between the screw up with the engineer, we're out. Hoover says with the lost gravel we didn't have gravel to replace our pile. Our gravel taken from here should have the trucking paid for. When we have the figures for loose gravel converted into compacted yards, we're not going to take a screwing. We should have everyone concerned here for a meeting. Henderson - the architect was working with compacted yards and we were all working with loose yards. Netzler - we paid Russell Standard, we paid Hoover, we're out gravel. We're screwed. We charged ESTA for gravel. I bet Hoover charged for hauling. Henderson - no, it was a bid contract. Sitek - Hoover should have taken what he needed from his Kinter Hill pit. Netzler - go back to Hoover and tell him we want a rake off of the $7.85 a yard. Henderson - I'm out of this, you guys tell them. Sitek - they should replace the 2000 yards. Somebody is paying for that trucking, not us. We paid Russell Standard to haul, someone should pay us for that trucking. We need to get out of selling gravel. No one is honest, no one will sit down and figure this out. Netzler - we should back bill ESTA for trucking. I'll figure it out and go after ESTA if need be. Netzler moved to ask Hoover Sand and Gravel for a copy of their load slips to verify the totals that they sent us for ESTA. Sitek seconded. Carried. Netzler - take the 777 yards and that's it. Tighten you belt, we can't afford more. Netzler - reported that he has a copy of the airport contract. It shows that 30,000-35,000 tons may be available. It may offset the gravel needs for spring. Lost Gravel - Henderson - I'm tired of this situation, you guys handle it. Sitek - no, you think it's on Eureka and Washington Twp. put it there. Let's go after them. Henderson - I asked Alan from Hoover to show his picture to his drivers. They said the pile was gone on July 5. Earl Koon told me he was hauling three days that week. Earl always does his paving projects the first two weeks of July. Hoover was out of the pit June 24th. The pile was gone by July 5th. Netzler - I don't think Eureka was ready the end of June. If they went in after June 24th to July 5th, someone was doing some serious trucking. We're missing Washington Township slips for that week. Frosty says they hauled the week of July 13th. Western Trail/Paving - the Board said they would give George Antolik until next fall to pave Western Trail if he got a letter from the residents on the road approving the plan. No word or letter from them was submitted. Will let the issue lay. Silverthorn Road Paving - next spring Mark Corey Engineers will have to verify front footage. Henderson - with a change of ownership of property after the petition was signed, I would assume if the present owner signed the petition and then sells, the current owner is responsible for the assessment. Sitek - I told my Realtor about the assessment and will negotiate with the price. Rodak Property on Rt. 98 - DER is progressing quickly with the septics for the property. NEW BUSINESS Replacement for Ann Bilski, Auditor - discussion on replacing her now or waiting to appoint someone until after the filing deadline for the next election. No action. CORRESPONDENCE Reviewed. ADJOURN Sitek called the meeting adjourned at 2135 hours. Bonnie J. Bernhardt, Secretary