November 13, 2001 The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman John Sachar at 2003 hours with the Pledge of Allegiance. Present were Sachar, Denver Ireland, David Henderson, Jarrett Miller, Gary Truitt, Marilyn Tait, Carl Enterline, Jeff Yatzor, John Hudy and George Antolik. VISITORS/PUBLIC COMMENT Marilyn Tait - what's happening with Western Trail? If I understand it the pavement repair and grading on the corner is what needs to be done. Just these two items are holding up the take over. The rock in the ditch is not a real issue. George Antolik - the road has been repaired. Just a piece along the edge needed repaired. My attorney is sending your attorney a letter concerning the riprap. You didn't want it in the ditch but the only way to prevent eroding is to use riprap. Henderson in answer to a question by M. Tait - the escrow is still in a C.D. The court designated $6,500 for a maintenance bond. Out of the $6,500, the Township will retain a good part for engineering bills that are owed. Antolik - I repaired the blacktop as of today. Sachar - to be legal, Mark Corey need to inspect what George has done. If Mark approves, we'll go from there. Henderson - there needs to be some provisions for the riprap in the ditch. Ireland moved that if the work is completed on item 1, that the Township takes over Western Trail. No second. Sachar - your motion was that if the blacktop is fixed, we'd take it over. I can't accept that motion. We can address it tomorrow. Marilyn Tait left the meeting at 2020 hours. Tara Miller, Dwight Miller, Dave and Deborah Anthony, Ed Morrison arrived at 2021 hours. Carl Enterline - my neighbor, Ray Bogacki, 9720 Rt. 98, has his dog and doghouse on my property. I can't walk along that side of my property. He did move a garage and garbage off the property but not his dog. Sachar - I would instruct the Zoning Officer to send Mr. Bogacki a letter asking him to move his dog and doghouse. Jeff Yatzor Mylar - Ireland moved to accept the Jeff Yatzor Mylar as presented. Henderson seconded. Carried. Mylar was signed. Mr. Yatzor left the meeting at 2025 hours. MINUTES Henderson moved to accept the minutes of 10/25/01 as presented. Ireland seconded. Carried. REPORTS Superintendent - Dave reported that the second round of grading is done. Mowing is also completed. Russell Standard had to get rid of 6,000 gallons of E12 so they double seal coated West Stancliff from Silverthorn to Fry. We had a breakdown on the 1-ton, a pulley froze and it had to be towed. The pillow block broke on the tanker and has been repaired. Silverthorn and New had some alligator cracks seal coated. HEARING ORDINANCE #3-01/ANIMAL DENSITY, 2030 HOURS Sachar - please state your name and comments. We are not here to adopt tonight. The Planning Commission recommended and has drafted the ordinance. It limits animal density to one per acre for large animals. John read the animal list from the proposed ordinance. Henderson - it does not limit the numbers only imposes stricter regulations on how animals are seen by creating Specialized Animal Raising and Care. Sachar - you can have as many animals as you want as long as you abide by the next level of government, the State's rules and regulations. Dwight Miller - if you have two or more, you fall into the State's regulations. At that point it is out of the Township's control. The Planning Commission wanted to bridge the gap between no animals and two animals. Once you are above one you follow the State's rules and regulations for manure management. Dave Anthony - we raise show dogs on two acres. We have eight dogs. If I have 10 dogs, what are the regulations and where are they? The State says a kennel consists of 26 dogs. Deborah Anthony - this will be one more regulation imposed on us. Whose regulations do we listen to first? Sachar - you would want to listen to who will impact you the most. Dave Anthony - who will enforce this? Sachar - good question. D. Miller - if he has more than one animal unit per acre, you have to fence them in and dispose of the manure. Henderson - the way this is written, if it is unclear now it will also be unclear in the future. I don't see where it says you can't add all these animal units together. You could have one of each or more in each category. Sachar - it's not defined. There is no provision for cumulative numbers. Henderson - the Planning Commission is anticipating problems in the future. Antolik - what do you do with manure during the winter? Thirty days is not practical. Sachar - no, it's not practical. For the State's nutrient management plan and with a barn full of animals, you need a containment structure for manure storage for 270 days worth of solids and liquids. Most facilities hold one year's worth. Dave Anthony - you need to differentiate between the small guy with 2-acre lots and someone with larger acreage. Henderson - the Planning Commission felt the small guys with two-acre lots side-by-side are where the problem is. D. Miller - under the State nutrient management plan, you say an animal unit is one per acre. Sachar - you can use the Township's AEU or the State's AEU. Henderson - non-conforming uses will be a problem under the Municipalities Planning Code. We keep a list of non-conforming uses. If he has 10 dogs and someone complains, he's all right because he has a non-conforming use but he can't increase to 11 dogs. Gerry Rafeew arrived at 2100 hours. Ed Morrison - the ordinance draft here tonight addresses the issues that the Erie Hunt and Saddle Club were concerned about. The storage trailer on the club grounds is a non-conforming use. It is my belief that we paid a permit fee for that trailer. Why don't you collect permit fees for storage trailers instead of prohibiting them? Henderson - we were told by the assessment office that they would not assess them unless they are on a permanent foundation. Sachar - is anyone here in favor of this ordinance? No one was in favor. D. Miller - our job as a Planning Commission is to look into the future. As lots get smaller and smaller, this can be a problem. Our job is to plan for the future. If you have a problem with no ordinance in place, you're stuck. There are problems today that should have been corrected before they happened. We are trying to put something in place so that our quality of life is the same 10 years from now as it is today. Deborah Anthony - the Planning Commission is trying to regulate animal people instead of looking at zoning changes and subdivisions. Dave Anthony - the Planning Commission has written a very good ordinance. It just needs tweaked so it doesn't affect the small guys. Don't throw it out the window just tweak it a little. Henderson - an existing use is protected under State law. And it passes on to the next owner. The MPC codifies continued use of an existing use. If a use is destroyed by fire, it can be built back exactly as it was. T. Miller - if she looses some of her animals, can she build it back up? Henderson - if she waits more than a year to bring her animals back up to her existing level, she waited too long. D. Miller - this does not limit the number of animals you have just the level of regulation. This doesn't stop anyone from having the number of animals that they want. Henderson - this can be reworked and reworded any number of times prior to adoption. Erie County Planning has approved it. With no other comments the hearing adjourned at 2116 hours. Mager Tree Report - not finished yet. Agility - in the spring we will decide on how to use our credit. International Cab and Chassis - nothing. Eureka Road #4 Paving Project - working it into the budget for 2002. Gravel from Summerville - received the final 600 yards. FINANCIAL AND TAXES Bills - discussion on various bills. Tractor/Tiger had a clutch and transmission job done. Henderson moved to pay the bills as listed totaling $9,130.21 general fund; $952.05 state fund; $3,630.57 equipment fund; $5,834.90 EIT fund. Sachar seconded. Carried. Payroll - Sachar moved to approve payroll #23-01 as presented. Henderson seconded. Carried. PLANNING, ZONING, RECREATION, SAFETY, SANITATION/RECYCLING, HEALTH AND THE COMMON GOOD Planning Commission Minutes, Industrial Park/KOZ, Storage Trailers, Welka's Disposal, Lights on for Safety, Census Undercount - nothing. Update Comprehensive Plan - Joyce is writing. History Grant - Dave reported that he met with the history department at EUP and the proposal was streamlined. We will apply for two grants, one each year. Phase 1 is capturing the data beginning in November of 2002. Phase 2 will begin in 2003 and incorporate processing the data. Black Interests Limited Partnership SFTF - will pass the required resolution at the budget meeting tomorrow. Discussion on charging a fee for paperwork involved with these systems. OTM Bulk Sewer Service Agreement with Washington Township - their system is failing. Their option is a bulk service agreement with Washington Township. Once Washington Township gets their plans done, they will lay line up to OTM. Discussion. Maintenance Agreement for SFTFs - the agreement drafted for use is basically Washington Township's with a few modifications. Do we want to require the owner of a small flow treatment facility to use a third party inspection agency for inspection of the system? Dave Anthony - the problem with a third party is if the homeowner cancels the third party. DEP does not have an agreement with Erie County Health. Health says they won't do the inspections. DEP won't pass one without an agreement. Henderson - what will happen is the systems will fail unless we do something about it. DEP isn't regulating them. SOLICITOR Western Trail/G. Antolik, Impact Fee Ordinance, Nudity Ordinance Comparison, Weight Limit Ordinance Comparison, Ray Swift Complaint, GMSD EIT Collection Revisions - nothing. Zessinger Pit Agreement - waiting for Rudy to initial the agreement. Oshkosh Registration - PSATS will check on it. OLD BUSINESS Edinboro Food Pantry - another approach will be made to talk about regional social and planning issues after the first of the year. NEW BUSINESS Stormwater - changes coming from DEP will cost us money. Board will review the changes. Falls Road Bridge #1 Agreement with Mark J. Corey and Associates - Sachar moved to sign the agreement. Henderson seconded. Carried. CORRESPONDENCE Reviewed. ADJOURN Sachar called the meeting adjourned at 2143 hours. Bonnie J. Bernhardt, Secretary