August 14, 2001 The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman John Sachar at 2000 hours with the Pledge of Allegiance. Present were Sachar, Denver Ireland, David Henderson, Gary Truitt, Wynn Woods, Jarrett Miller and M/M Don Fleming. BID OPENING: SPECIAL DRIVING SURFACE AGGREGATE-2000 HOURS Two bids were received. Frank Tucci, Inc. 2000 tons at $4.75/ton = $9,500.00 FOB vendor facility Erie Sand and Gravel 2000 tons at $8.25/ton = $16,500.00 FOB vendor facility Bid bonds were included with each bid. A copy of each bid will be sent to Soil Conservation for their review before the bid will be awarded. VISITORS/PUBLIC COMMENT Conditional Use Request for a Gravel Pit/Janet Woods/Wynn Woods - Wynn Woods would like to open a small gravel pit on the Janet Woods property at 11380 Fry Road to be used for his personal use in his excavation business. Ireland moved to advertise a public hearing for the Woods Conditional Use request for September 11th at 8 p.m. Henderson seconded. Carried. Henderson - I have already contacted Washington Township and they have no problem with it as long as he respects the soft roads in the spring. Wynn is always conscientious about staying off the roads when they are soft. Ken Foy/Don Fleming Mylar - the Mylar was reviewed. It shows Lot 1 with 4.5 acres and 250 ft. of frontage on Eureka Road. The residue is owned by Mr. Foy and has 30.5 acres with 245 ft. of frontage. This flag lot has existing buildings. Henderson moved to accept the Ken Foy Mylar as presented. Sachar seconded. Carried. Mylar was signed. MINUTES Henderson moved to approve the minutes of 7/10/01 and 7/26/01 as presented. Ireland seconded. Carried. REPORTS Superintendent - see items below. Mager Tree Report - nothing. Agility - Dave reported that the second round of mowing state roads is underway. An extra pass will be done this round. On the third round we will reach back as far as possible behind the ditch. International Cab and Chassis - John reported that he may have some information to report tomorrow. Eureka Road Section 4 Paving Project - Gary Truitt reported that Dennis Cholak has been talking to the residents and it sounds like most are in favor. Henderson - we need an indication of approval and need signatures on the petition. There are still two objection periods if they want to back out. We need to know their intent and have signatures before the meeting on September 4th. We need at least a 30-day objection period. We also would need the signatures before the meeting with Representative Boyes. If Eureka Section 3 thinks their end will fly, we need to decide what schedule we'd follow. We have enough money in Permanent Improvement for our share of Eureka 4 but not Eureka 3. It depends on what Karl Boyes may do. Truitt - we'd not be interested if Eureka 3 was involved. Henderson - Eureka 3's assessed value is only $85,000 and it would negatively impact Eureka 4 if the two sections were combined. Discussion. West Stancliff/I-79 Project - Dave reported that the main dirt work is finished. The crew put in the big stone when it was so hot last week. The job looks good. September 19th is targeted for doing the paving with the special aggregate. The road will be blocked off on the 18th. Crew will lay the fabric on the morning of the 19th. A rain date is needed. Sachar - we still have the jig from the Silverthorn 2 paving project. We may need it for Eureka 4. Discussion on the need for the jig. Old State and Mohawk Project - Dave reported that the joint project with PennDOT is coming along. On Friday the grades were shot, ditching was done on Monday. Tuesday a catch basin and pipes were installed. We have been working with a six-man crew from PennDOT. Wednesday we will shoot grades for the catch basin riser. Thursday more ditching will be done. Crew may go back on Monday if needed. This is a long needed improvement. Receipt of Gravel/R. Summerville - so far we have received 14 loads of gravel. Dave reported that a ramp was made for Summerville's use. The crushed gravel is in the back of the pile. We won't need extra gravel this fall. FINANCIAL AND TAXES Bills - discussion on various bills. Henderson moved to pay the bills as listed totaling $8,884.02 general fund; $905.28 state fund; $4,641.42 gravel and dirt roads grant transfer to general fund. Sachar seconded. Carried. Payroll - Henderson moved to approve payroll #16-01 and #17-01 as presented. Ireland seconded. Carried. PLANNING, ZONING, RECREATION, SAFETY AND HEALTH Planning Commission Minutes - reviewed. The Commission asked if they should be trying to preserve I-1 and B-1 zones. Henderson stated that the question should be addressed when the comprehensive plan is updated. Sachar - it makes more sense to have our I-1 and B-1 zones in the area where Wal-Mart is located. Especially when you need infrastructure like water and sewer. This is food for thought. Conditional Use Request of Dorothy Ogg/House in B-1 Zone - Ms. Ogg has an existing mobile home in a B-1 zone at 9864 Route 98. She wants to build a new home. The conditional use hearing will be held in conjunction with the Woods hearing on September 11th beginning at 8:10 p.m. Industrial Park/KOZ - nothing. Update Comprehensive Plan - nothing. Storage Trailers - Dave said the question was, can we tax them. Part of the answer was, they can't be taxed exorbitantly. Their use is a way of avoiding paying taxes on a building. We would like to work on this problem for all the townships at the County level through the ECATO. Ordinance #2-01/Animal Density - Dave said that advertising will be held off until October or November for the public hearing. A copy of the draft will be sent to Erie County Planning for their review. The tentative date for a public hearing is November 13th at 8 p.m. French Creek Conservation Plan Draft Summary - Dave said that the draft made interesting reading. A meeting is scheduled for August 16th at noon at Alleghany College. Henderson - this is the handwriting on the wall for the future regulations and use around this area. We are at the headwaters of the Cussewago Creek so this will impact us. What the public is willing to pay for will determine what happens with this. SOLICITOR Western Trail/G. Antolik - no word on whether Attorney Schroeck contacted Attorney Doug Moorhead on this issue. Waste Management Ordinance Violation - they are to come to the August 30th meeting with a proposal for settlement. Zessinger Road Gravel Pit - no word on this issue. Ireland - did you know that Rudy Ivancic has a for sale sign on the property listing a commercial gravel pit? Dave said that the sign has been there. Ray Swift Complaint - the issue has been referred to the Solicitor. No action on other items on the Solicitor section. OLD BUSINESS Lights on for Safety - nothing. Recycle Day Wrap-Up - final grant disbursement request was mailed. Census Appeal - you have two years to file an appeal. Waiting for a groundswell of complaints. Recycle Grant - Dave said that he would put sample drafts of ordinances on no burning in the Board's boxes. These will need to be revised for our needs. Jarrett Miller - will this have to be finalized before you apply for a new grant? Henderson - we'd have to be in the final stages of adoption. Sachar - I'm not sure I'd be in favor of this ordinance. Henderson - for those municipalities mandated to recycle because of their population density, they probably have one already. We are unique. Not many townships of our size have recycling. Sachar - do we want to fit into DEP's mold so we can get their dollars? Henderson - we could call Rep. Boyes and complain. We may miss this grant round. It's impractical to force this on us. Sachar - it's not enforceable. Henderson - we could have a non-elected third party enforcement officer. That is the way they de-politicize issues in larger municipalities. Discussion on enforcement of violations and on the role of a Zoning Hearing Board. Discussion on recycling, costs, legalities, etc. Sachar - if we strongly believe in independence then we may need to find a way to fund recycle day ourselves. Ireland - find out if we have to have this no burning ordinance in place by the October round of funding. Sachar - talk to our legislators and see if there can be an adjustment for small municipalities. Henderson - this is a DEP policy not a law. The process of changing law would take longer than October 4th. Ireland moved to draft a no burning of recyclables ordinance. Henderson seconded. Henderson - do you want a one-page ordinance that say because DEP requires this, we're doing it or do you want a full-blown ordinance? Sachar - no full-blown ordinance. Just a one-page one will do. Truitt - can you say in the ordinance that it's just to comply with DEP regulations? Henderson - and that the ordinance becomes null and void if policy changes. Motion carried. NEW BUSINESS None. CORRESPONDENCE Reviewed. ADJOURN Sachar called the meeting adjourned at 2137 hours. Bonnie J. Bernhardt, Secretary