September 11, 2001 The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman John Sachar at 2006 hours with the Pledge of Allegiance. Present were Sachar, Denver Ireland, David Henderson, Wynn Woods, Gary Truitt and daughter and Jarrett Miller. HEARING: JANET WOODS CONDITIONAL USE/GRAVEL PIT; DOROTHY OGG CONDITIONAL USE/RESIDENCE IN B-1 2007 HOURS Janet Woods Conditional Use Permit for a Gravel Pit - Wynn Woods was present to speak for his cousin Janet Woods. The gravel pit will be located well to the rear of her property at 11380 Fry Road. Chairman Sachar asked for public comment from those present. No comments were made. Henderson read the recommendation from the Planning Commission and asked what DEP's bonding requirements were. Woods - $1,000 an acre. The pit is five acres. The money is put in escrow and you get it back when the pit is reclaimed. Henderson - do you have a problem with meeting the requirements of Section 409 of the Zoning Ordinance? Sachar - this is at the back of the property? Woods - way back. George Antolik arrived at 2009 hours. Henderson - Section 409.40 requires a surety bond that protects against any damages incurred to the property. I suggested that if he has a bond requirement from DEP the bond to us needn't be that significant. Sachar - can we waive it? Henderson - we can't, the Ordinance says "shall". We could set it at $500 to be escrowed and returned at the end of the operation with interest. Sachar - any opposition to this operation? None. Henderson moved to accept the Janet Woods conditional use request for a non- coal mining permit with the stipulation that pit operator Wynn Woods must abide by Section 409 of the Zoning Ordinance and by any weight restrictions posted on that section of Fry Road. Also that a surety bond of $500 be submitted and placed in escrow to be returned with interest when the pit is reclaimed. Township approval is subservient to DEP's authorization. Ireland seconded. Ireland - how long do you plan on keeping it open. Woods - Janet says five years. There's not much gravel there but it's good quality, 2B and fines with enough silt to bind. If I'm not doing a lot of driveways I may sell some. I'll respect your roads the bond is money in good faith. Motion carried. Dorothy Ogg Conditional Use Request for a Residence in a B-1 Zone - Sachar asked for comments from those present. No comments. Henderson - this is paperwork. She is taking out a mobile home and putting in a house. The Planning Commission motion for approval states that the mobile home is to be removed within thirty (30) days after the new home is occupied. Ireland moved to approve the Dorothy Ogg conditional use request for a residence in a B-1 zone with the restriction that the mobile home must be removed within thirty (30) days after the new home is occupied. Henderson seconded. Carried. Hearings adjourned at 2023 hours. VISITORS/PUBLIC COMMENT Gary Truitt - we had trouble with 4-wheelers on our end of Eureka and I turned them in to PSP and they caught them. Henderson - we have had additional damage done to Carbury by ATV's. This time you could see the tracks going into the garage. The doors on the garage were open and there sat 2 ATVs. The whole road I dug up in front of Cathy Brooks house at 7714 Carbury. We billed her before for ATV damage and she denied owning any ATVs. We can send her another letter and bill or we have the right to lien the property. We can go to the District Justice and the PSP. It would be a violation of the criminal code for using ATVs on the road. There can be some loss amount for damage to the roads. She blew us off the first time. Sachar - call the State Police. Henderson moved to call the PA State Police on this matter. Sachar seconded. Carried. MINUTES Henderson moved to accept the minutes of 8/30/01 as presented. Ireland seconded. Carried. REPORTS Superintendent - Dave reported that the crew was off all last week. This week they are back with normal operations. The two new dry hydrants were fitted up and seeded. Some maintenance work has been done and request ditching will be done the next couple of days. Ireland - there is a problem at Bannister's on West Stancliff. The ditch is higher than the road and the water goes down the road. Henderson - his driveway pipe is too high. He objects to us digging the ditch down along there. There is not much water in that area. I have talked to him about this before and was waiting for him to decide it needed to be done. Ireland - just go do it. The water is not going through the pipe. Discussion. Henderson - Bannisters whole front yard area needs to be ditched. He mows that area. Ireland - call him and tell him it needs to be done. Meeting was recessed at 2036 hours to listen to the President's address to the nation concerning the terrorist attacks on the United States. Meeting was reconvened at 2038 hours. Mager Tree Report, Agility - nothing. Eureka Road #4 Paving Project - the hearing was held on September 4th. A letter will go out tomorrow that outlines the process. There are 22 separate landowners. Sachar - I see one problem with one word in the letter, strike the word "all" in the letter. Truitt - both owners must sign. Henderson - each owner gets an addressed and indexed objection form. Gary will get 5 objection forms. Sachar - does each individual get the whole packet? Henderson answered no. Henderson - Dennis Cholak brought in a letter about how to prevent getting a lien concerning home equity loans. The problem is the interest rate would be double. Antolik - is this a different way of doing it? Henderson - yes, there was a recent new Act passed. I-79/West Stancliff Project - Dave reported that Russell Standard was the only trucking quote received and they have a lot of paving contracts backed up. They asked for a delay until October 3rd. They quoted at $3.20/ton. We will wait for them and will do the fabric on October 2nd and the trucking on October 3rd. It will take two days for the application of the material. Mohawk/Old State Project - the project is done for the year. Dave said that more gravel could be added to flatten out the area but it is much better than it was. Receipt of Gravel from Summerville - no additional gravel has been received. Dave said that he cautioned Summerville that it would soon get too wet. He will bring the screener back in. Ireland - he's taking it from Fred's side. Henderson - we're responsible to the landowner for 50 cents a yard. We are not responsible to Fred. Ireland - Summerville needs to take care of Fred. Henderson - he is supposed to be taking it from Rudy's side and we're to pay Rudy 50 cents a yard. Sachar - I saw no digging on our side. Falls Road Bridge #1 - Dave reported on a meeting with Dave Ruhlman and Regis Wright of PennDOT, Mark Corey and himself at the bridge. Corey is planning on doing the design in the next fiscal year starting in October. No money is available until 2003/2004 for construction. He can do the design in 2001/2002 and let it sit until 2003/2004. We talked about flooding of the structure and of the water overflowing onto the road. We had a discussion on shooting elevations and volume capacity. Another problem is with the alignment. The water is eroding the bank and the guide rail there is collapsing when it's flooding. PennDOT's blocks support the lower bank but not above them at flood stage. DEP won't allow us to straighten out that whole area of 800/900 feet. They'll have a fit with straightening the 150 feet that we are talking about. PennDOT would have to request it if we wanted to realign the whole area. The design costs are the same as Bridge #2; construction costs may be less. We'll gain 3-4 feet height capacity and will have to change the intersection at Route 98. We will do it early or late summer to help out Russell Standard. FINANCIAL AND TAXES Bills - discussion on various bills. Henderson moved to pay the bills as listed totaling $5,262.68 general fund; $2,132.37 state fund; $2,563.53 transfer from Gravel and Dirt Roads grant to general fund; $37.45 fire dept. fund. Ireland seconded. Carried. Payroll - none. Policy on Reportable Amounts for EIT/RE - Dave suggested that due to the amount of paperwork involved a policy needs to be established that if less than $250 comes in during a month period in either EIT or RE that the Tax Collector should hold the funds until the following month but give us the usual report for the month. We will record the total amount the following month. Henderson moved to instruct the Tax Collector to hold funds from EIT/RE totaling less than $250 that comes in during a month period until the following month but to submit the usual report for the month. Ireland seconded. Carried. PLANNING, ZONING, RECREATION, SAFETY AND HEALTH Planning Commission Minutes, Update Comprehensive Plan, Industrial Park/KOZ, Storage Trailers, Ordinance #2-01, Ordinance #3-01 - nothing. SOLICITOR Western Trail/G. Antolik - Mr. Antolik said that he would have the work done by next week and will be ready for an inspection then. He also stated that he wanted the Board of Supervisors out there for the inspection. He said that he needs to put riprap in the ditch but the Board didn't want it put there. He feels that the only way to keep it from washing out is to use riprap. Ireland - have you talked to Mark Corey? Antolik - no but it requires it to stop the eroding. It was required about « way down the road. You didn't want it because of the ditching machine. You said no stone when I was constructing the road. Henderson - we made no requests, we'll have to review Mark Corey's letters. Ireland - if Corey says no we won't approve it. Henderson to Antolik - did you put in more driveway pipes? Antolik - yes on the north side of my property, three new pipes. Henderson - you have no approval for any lots other than what has been approved already. There is no approval for a subdivision on the north side of the road. There has been no approval for anything other than what has been built on. Antolik - there's a preliminary approval by Franklin Township. Henderson - preliminary plans mean nothing. Impact Fee Ordinance, Nudity Ordinance Comparison, Zessinger Pit/R. Ivancic, Waste Management Violation, Weight Limit Ordinance/Act 33-01, Ray Swift Complaint - nothing. OLD BUSINESS Lights on for Safety, Census - nothing. Recycle Day/Grant - Washington Township wants to combine grant applications. A meeting is set up with Guy McUmber for 9/20/01 at 10:30 a.m. NEW BUSINESS History Grant - nothing. Welka's Disposal Ordinance Violation - Welka's is not picking up more than one bag of recyclables per one bag of tagged garbage. Henderson - if they're not making money, they could raise the tag price 25 cents. If someone is cheating, that is theft of services and they should report it to us. They are defeating the purpose of recycling and we are encouraging recycling. Harry Welka told us that recycling is a break-even service. The Township is too small to make it pay. Our response to Welka is that we will prosecute violators who are stealing services from them if they tell us who they are. Also raise the price 15-20 cents to pick up the extra cost. Henderson moved to send a letter to Welka's Disposal including the above. Ireland seconded. Carried. RESOLUTION #3-01; RESOLUTION #4-01 See below. Waste Management Settlement Agreement - Ireland moved to approve the settlement agreement. Henderson seconded. Carried. ADJOURN Sachar called the meeting adjourned at 2134 hours. Bonnie J. Bernhardt, Secretary