June 28, 2001 The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman John Sachar at 0807 hours with the Pledge of Allegiance. Present were Sachar, Denver Ireland, David Henderson, Gary Truitt, Jarrett Miller and Jim Moyer of AFLAC insurance. VISITORS/PUBLIC COMMENT Jim Moyer/AFLAC presented voluntary insurance plans for employees at no cost to the Township. AFLAC provides accident, sickness and disability policies. Payment would be by a payroll deduction made once a month. He would like to set up an early morning meeting with the employees. Mr. Moyer left the meeting at 0815 hours. Gary Truitt - is there anything new on the Eureka Road paving? Henderson - the preliminary budget is under motion. There are new specs on fabric. There are three types available. Mark Corey says the reinforcement fabric is far superior over the other used in the past. PennDOT is pleased with it's performance. It adds about $15,000 to the cost of the project. It would be cost effective if it saves the cost of one overlay. Corey recommends using it. Today or tomorrow we will survey the pipes. Truitt - has the animal density regulations gotten worse. Sachar - yes, it has. Discussion. Truitt - could I call the State if someone puts 50 head on 2 acres? Ireland - the state regulates 10 acres and above. Truitt - what's with the animals having a sight barrier? Discussion. MINUTES Ireland moved to approve the minutes of 6/12/01 as presented. Henderson seconded. Carried. REPORTS Superintendent - Dave reported that the crew has been grading until we ran out of brine. A few loads were brought in last night and the crew is back to brineing today. The last two weeks everyone has been working on recycling. The one- ton's steering was repaired. Ireland - are we buying brine, can we use just water? Henderson answered no we are not buying brine and straight water is not effective. Truitt - my tank is half full and you are welcome to it. Mager Tree Report - nothing. Agility - first round on the state roads is completed. Will start the second round. International Cab and Chassis - nothing. Eureka Road Paving Project - see visitor section. I-79 and West Stancliff Project - Dave reported that the project has a July 9 start date. On July 10 we will be using Girard Township's gradall to do the step banks. Ireland - will the road be closed? Dave answered off and on. FINANCIAL AND TAXES Bills - discussion on various bills. Henderson moved to pay the bills as listed totaling $12,428.66 general fund; $2,635.36 state fund; $4,605.12 EIT fund. Ireland seconded. Carried. Henderson - Jim Burgess, our junk man, is hauling away the recycle tires and taking them to Youngstown. He is charging $1.50 a tire and $3.00 for an oversized tire. Youngstown is about $1 less than what Buffalo charged. Payroll - Henderson moved to approve payroll #13-01 as presented. Sachar seconded. Carried. Unpaid Road Oil Bills/Lien Properties - Dave said that he would recommend liening the property of those who have not paid their road oil bills from last year. Ireland - have the Attorney send them a letter. Henderson - we've sent letter after letter. There is a special process that we go through for a municipal lien. Henderson moved to lien the properties of those who have not paid their road oil bills. Sachar seconded. Carried. Ireland voted nay, he thinks we should go to the District Justice and try to collect. PLANNING, ZONING, RECREATION, SAFETY AND HEALTH Planning Commission Minutes - nothing. Update Comprehensive Plan - nothing. Industrial Park/KOZ - nothing. Storage Trailers - nothing. Ordinance #2-01/Animal Density - nothing. Attorney George Schroeck arrived at 0835 hours. County Planning Letter on Subdivisions - the County says there are incidents of incomplete filings of subdivisions and they want the townships to make sure the filings are complete. Henderson - there are provisions in the Municipalities Planning Code to allow deposits to be collected to make sure subdivisions are properly filed and recorded. The MPC requires municipalities to make sure the plans are filed but says nothing about deeds. Fairview Twp. requires a $150 deposit. They require that the plans are filed at the Courthouse and that the deed is recorded then the deposit is returned. McKean and Washington Twp. require a deposit for a subdivision but not deeds. McKean's deposit is $40 and they keep a user fee for their time and effort. Washington's fee is $50-$75. A stamped plan and deed is kept on file permanently at the township. I can't figure out whose responsibility it is for making sure a deed is filed. I don't think it is Franklin Township's responsibility to make sure it's filed. It looks like the Planning Dept. wants to make sure a deed is recorded but is putting the job on us. Discussion on possible situations. Henderson - if they come in here with incorrect paperwork, we'd send them back out to correct it. Why can't the County do the same? I think we should fulfill the MPC requirements on subdivisions and let the deeds fly where they will. There is no support in the law that says the Township is required to make sure a deed is filed. That's a professional thing to read and understand deeds. Schroeck - does this letter require a response? The problem is this is a nightmare for surveyors with these old deeds and their descriptions. Surveys are expensive so they try to work off the old deeds. Henderson - it's like the problem with the Buren property. Old deeds are very confusing. Sachar - send Dave Skellie a letter saying that we applaud your efforts but see no support in the law for the Township to do the work. Henderson - the letter should come from the ECATO. We'll do the subdivisions but not the deeds. Sachar moved to recommend that the ECATO respond to the letter from Erie County Planning concerning incomplete subdivisions and deeds. Henderson seconded. Carried. Henderson - do we want to require a deposit for subdivisions? Sachar - do we have to rewrite our ordinances? Henderson - no, there is provision in the Subdivision Ordinance for a deposit on subdivisions but nothing in it for deeds. Does $50 sound about right and do we want to charge for costs? Sachar - we could do it as a municipal service. Don't keep any of the deposit. Sachar moved to set the deposit fee for subdivisions at $50, to be returned in full upon proof that the subdivision was properly recorded. Henderson seconded. Carried. SOLICITOR Western Trail/G. Antolik - Dave reported that Mr. Antolik has fixed the berm and the bank slope is stirred up in preparation for seeding. Mr. Antolik said he would be done with the repairs by June 15th, but he is working on it. Impact Fee Ordinance - nothing. Oshkosh Registration - nothing. Nudity Ordinance Comparison with the City of Erie Ordinance - Dave asked the Attorney to make sure our ordinance compares with the City of Erie's ordinance that was upheld by the Supreme Court. Zessinger Pit Letter from Rudy Ivancic - Dave said that Mr. Ivancic says he wants us to take out the 5,000 yards of gravel this summer and get out of the pit by the end of the year. Our lease doesn't say that. Our negotiating point is - we can do that but does that mean Rudy is responsible for reclamation. Schroeck - do we want to respond to this letter? Ireland - I thought George would send a letter. The lease does not say that. Henderson - yes but our option is, we'll break the lease if he reclaims. He claims we have no right to dig deeper into the water. Schroeck - we can send a copy of the letter from three years ago and do nothing. Or we can force him to take us to court and fight it out there. Henderson - that's if we want to keep the pit. Schroeck - we need an agreement from him that he'd reclaim. We could take him to court for breach of contract. Henderson - we could take out the 5,000 yards and stockpile it here or we could leave it and force him to reclaim. Ireland - send him a letter saying that we have the lease forever. Henderson - he is trying to force some action on our part. He's trying to buffalo us. I think he wants to sell the property. Waste Management Ordinance Violation - will file a complaint with the District Justice. OLD BUSINESS Lights on for Safety - nothing. Recycle Day Wrap Up - Dave reported that Dave Anthony from Washington Twp. apologized profusely for the lack of support from their Council at Recycle Day. We had 17 people here to help, they had 5. One Council member helped for « a day, 2 volunteers worked « a day and 2 employees with their payloader worked all day. Sachar - it was a successful day. We collected a lot of stuff from both townships. Ireland - send a letter to Council telling them that the day was successful and that the residents were pleased. Sachar - their Council is split on recycling. Henderson - mandatory recycling maybe but voluntary recycling should be encouraged. We went through the same thing. We were going to have a combined raffle but we will do ours separately and send them a bill for the compost bins purchased by their people. Tire Raffle Ticket Winners - drawn by Jarrett Miller: $50 winner Dave Mitchell, 9368 Mohawk Road $25 winner Walt Harman, 11390 Eureka Road $10 winner David Osterberg, 10622 Mohawk Road Girard Gravel Pit Back Bill for Expenses - no word from Mr. Summerville. Census Undercount - Dave reported that we were undercounted by 38 people. We can object to their count but we have to prove that they undercounted but they forced us to destroy the lists that would prove it. If you can prove that there is an occupied house by obtaining a copy of the utility bills, you may be able to prove residency. If we can get the cooperation of those residents not counted, we may be able to prove it. We have two years to object. We may just let this play out, they may provide a more logical means of a challenge. NEW BUSINESS Money Market Account - a money market account was set up for the Gravel and Dirt Roads Program grant. CORRESPONDENCE Borough/Township Combined Picnic - no Supervisor will be available to attend. ADJOURN Sachar called the meeting adjourned at 0930 hours. Bonnie J. Bernhardt, Secretary