November 8, 2000 The special meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman John Sachar at 1900 hours. Present were Sachar, Denver Ireland, David Henderson and Attorney Felicia Schroeck. No visitors present. Discussion was held on the PennDOT snowplow contract in light of DEP's restriction on the use of salt brine on the roads. Henderson - we had an analysis done several years ago and just had a new one done at Church Labs that isn't back yet. It didn't test for several things DEP requested. Ireland - DEP says a 50-gallon lane mile limit. Sachar - you might as well not even run the truck for that. Henderson - PennDOT applies 200 to 500 pounds of salt per lane mile every time the truck goes down the road. We average 29 brine rounds a year. There is only 21 pounds of salt in 50 gallons of brine. Ireland - even if we bought brine from Seneca Mineral, we'd still only be allowed 50 gallon a lane mile. Sachar - is Seneca Mineral pure brine or does it have other metals in it? Their analysis was reviewed. Schroeck - the 30 days to appeal was up on Monday. We wanted our appeal in before the deadline. We will follow it up with another letter to Mr. Hassinger asking if we can use brine. If you purchased brine from Seneca Mineral it still doesn't meet their definition of a product. We have 20 days to amend this objection dating from Monday the 6th. Discussion on the Seneca Mineral Certificate of Analysis. Schroeck - we're objecting to the ban on the use of brine to de-ice roads. Henderson - the permit is to spray brine on anti-skid. Pre-wetting is spraying anti-skid, anti-icing is the use of brine before a storm, de-icing is spreading brine after the storm. Henderson - the background is: we received a letter from Jeff Alio on 11/2/00. He used the term de-ice incorrectly in the letter. I had the permit requirements faxed to us. The only thing the permit references is pre-wetting and anti-icing. De-icing is not included. I gave Jeff Karr a letter asking to get out of the snowplow contract. I had an analysis test started on Mountain Resources brine. Brad thinks his will be the same as Seneca Mineral. Karr and George Backo came here and suggested we buy brine from Seneca Mineral. Brine from them would cost us $27,500 a year, rock salt would cost $10,00 to $12,000 a year. Ireland - what did Karr and Backo say about our use of brine. Henderson - they want us to plow their roads. I called Hassinger about de-icing. He was to have faxed us a letter saying the permit didn't cover de-icing. It didn't arrive in time so we filed the appeal. His letter arrived on the 6th. I would suggest having the Solicitor contact him and get rid of the smoke and mirrors. He said de-icing will soon be added to the permit. At this point there is no permit regulating de-icing but soon will be. Even if we manage to remove the confusion and can use brine to de-ice, we'll be back in a pickle unless they increase the gallons per lane mile. Last season we used 100 to 150 gallon a lane mile for anti-icing. Meeting was recessed at 1930 hours for an executive session. Back on record at 1934 hours. Schroeck - a major modification to the permit would take time. They have no application rate for de-icing so it may be quicker. Henderson - short term is to get Hassinger to send a letter okaying de-icing. For pre-wet and anti-ice we could use Seneca Mineral and that would give us a window to get our anti-skid material under cover in next year's budget. Schroeck - the letter should state that de-icing is not listed in the permit. Henderson - we can stop anti-icing. Last year was the first year we did it. Ireland - are we the only ones using brine? Does Frosty plow Crane? Henderson - he uses rock salt and has had Brad tanker some out there. Ireland - I think we are bound by the contract. Henderson - I can't get rock salt. It is outside of the contract time. We would need a building for storage. We can't carry on with the contract unless we de-ice with brine or rock salt. Sachar - you're looking at 400 ton a year of rock salt. Can't you buy a load at a time? Henderson - not unless you're in the contract. Without a contract you would have to contact Morton Salt and if they had it, they'd bring it to you. It would cost $12,000 to $15,000 a year. Henderson - it becomes a push financially if we have to buy rock salt. Why take the liability risk and we may get hit with a bad winter. Discussion on whether it would be financially feasible. Henderson - this will come under a permit sooner or later. They restrict the use of brine more and more. Sachar - they want to get it out of the environment. Discussion on the definition of product. Seneca Mineral is selling brine as their main product and selling off the gas as a by-product. Ireland - can we cut down the application rate? Henderson - sure but it won't do the job. We'd be back out there a lot more. Henderson moved to have the Attorney get the de-icing problem straightened out with Mr. Hassinger, to buy brine from Seneca Mineral to spray our anti-skid pile at 20 cents a gallon and to build a storage building next year for our anti-skid material. Ireland seconded. Carried. Henderson - there is at least a 90 day time period before they could put de-icing into a permit. Schroeck - I will ask them if we can buy brine from Mountain Resources, it's the same product. Henderson - we could drill our own well. Hayfield and Vernon Township in Crawford County use brine. Sachar - get some rock salt. I don't want to let the PennDOT contract go. Discussion on cash flow. Schroeck - I will get a clarification from Mr. Hassinger regarding the permit. Henderson - I will ask PennDOT to cover the roads in case it snows while we straighten this out. Schroeck - with the upcoming snow season, the more people involved the more pressure we can put on them and the more seriously they will take this issue. Oshkosh as a SME - Dave said that the Oshkosh paperwork came back and Karl Boyes advises forgetting trying to register it as special mobile equipment. The Solicitor was authorized to send a letter to the Department of Transportation saying that state law says the truck is a SME and if you don't register it as such we will sue. The law clearly states that a snowplow is special mobile equipment. ADJOURN Sachar called the meeting adjourned at 2008 hours. Bonnie J. Bernhardt, Secretary