April 9, 2002 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, Jarrett Miller, David Henderson, Gary Truitt, Marilyn Tait and Mary Crane. VISITORS/PUBLIC COMMENT Gary Truitt presented photos of junk next to and north of his house on Eureka Road. He also mentioned that someone on a red ATV is "doing the job" on the road. He is concerned about the junk being left if the people move away. Sachar – junk cars fall under the Nuisance and the Junk Yard ordinances. Henderson – we will check with our Attorney first on the leased property, on who gets the letter, the lessee or the lessor. Mrs. Tait and Mrs. Crane wanted to know where the Western Trail issue stood. Sachar – we are waiting for a letter from Mr. Antolik stating that he wants to keep the road private. He indicated that he didn't want to do that and said he would take us to court. He does not want to give us the turn-around. Henderson – it states in the court order that the cul-de-sac was to be paved. PennDOT says we must have a cul-de-sac or the road does not qualify for liquid fuels. Sachar – he wants to give us the right-of-way up to the cul-de-sac but not the turn-around. Tait – why give up the ship now, you have spent a lot of money on this. Henderson – we fought to have the road built according to our Subdivision Ordinance. If we didn't defend our ordinance with him, we can't make anyone else abide by it. Tait – three homes on that road were promised it would be taken over and snowplowed. Can you remotely know what this is like? We pay taxes. Henderson – we have spent more money in your interests than you will ever pay in taxes. Sachar – in February we made a motion to take over the road and Mr. Antolik loudly said no cul-de-sac. We would have taken it over the first of March. As it stands, without a cul-de-sac, this leaves it as a private road. Crane – he has installed three more sluices, can he sell lots? Sachar – he has no final plan. He cannot sell more. We consider the three pipes as field access. Henderson – his preliminary plan's time has expired. He can come back in with another plan. We are holding the bond money to pave the cul-de-sac. There are two parts to the money: part one was for the road improvement bond and the other part was for paving the cul-de-sac. Sachar – we would have taken it over if he paved the cul-de-sac and turned it over to the Township. Tait – you could take him back to court and have the Judge force him to pave it. Henderson – sometime this summer we will take the money and pave the cul-de- sac. We are not going to be in violation of the court order. We won't take it over unless he gives us the cul-de-sac. Sachar – we will have to ask our Attorney if the Judge can force him to give us the cul-de-sac. Henderson – I don't know if the Judge can do that. If you don't enforce your ordinances, you can't force anyone to do as the Subdivision Ordinance says. Sit tight. He always says he wants to expand his subdivision. Crane – I am concerned about what he dumps back there. I am concerned environmentally. He hauls things in and hauls things back out. Henderson – his excavation business is probably not correct. Miller – mining isn't permitted without a permit but if he is taking out something that he put in, that is allowed. Tait – we wouldn't have built there if we had known the Township wouldn't take over the road. MINUTES Miller moved to accept the minutes of 3/28/02 as presented. Henderson seconded. Carried. REPORTS Superintendent – Dave reported that the crew has been power ditching. The snow equipment has been unloaded and grading will start tomorrow and continue through the week as weather permits. Twenty loads of limestone were put down out of the 40 loads planned. More will be used in greasy spots after grading. Where the stone was used, the roads tightened up. Agility – Dave will meet on Thursday with PennDOT representatives. Our work for them will be ditching and mowing. We will use their skid steer with trencher attachment on the Eureka #4 project and to clean under guide rails. Rebuilt Motor – two bid forms were mailed, received several other inquiries. Eureka Road #4 Paving Project – final plan hearing will be April 18th at 8 p.m. Sachar – where is the gravel for the project coming from? Henderson – from any Bulletin 15 pit that Russell Standard wants to use. After the bids were opened, the assessment went up from $5,500 to $5,700 for each resident. Safety Study/Route 98 – no news from PennDOT. Falls Road Bridge #1 – the engineering team has been doing surveying work at the bridge. FINANCIAL AND TAXES Payroll – Henderson moved to approve payroll #8-02 as presented. Sachar seconded. Carried. Bills – Miller moved to approve the bills as presented for payment totaling $4,766.63 general fund; $2,429.56 state fund; $73.38 Silverthorn Road Assessment fund. Henderson seconded. Carried. Miller presented a bill for his expenses and mileage for attending a two-day training session for new Supervisors and ECATO schools. Sachar moved to approve payment. Henderson seconded. Carried. Reassessment – Dave reported that he would attend a Thursday meeting with the County Executive and others on this issue. We have received the millage figures for the school district and Township. Discussion on the figures quoted and on soil types found within the Township. Sachar – judging from their land assessments, they're trying to divide the whole county into lots. Based on the percentage of increase, lots of people south of I- 90 are angry, north of I-90 much less so. Henderson – they're trying to value the lots by comparable sales in the area. Sachar – you can't say a 2-acre lot is comparable to a 100-acre lot. Henderson – the larger lot assessment goes down per acre. The average Clean and Green figure is $430 per acre. City of Erie Earned Income Tax Audit Request – our tax collector received a letter from the City asking for a copy of the last ten years of EIT audits. She reports that the School District said to forget it. We have not received a letter. Henderson – they are on a fishing expedition. They are not going to find out anything from the audits. Our response would be: pay our research and copying fee plus postage and we will supply the information. PLANNING, ZONING, RECREATION, SAFETY, SANITATION/RECYCLING, HEALTH AND THE COMMON GOOD Planning Commission Minutes – no quorum, no power. Update Comprehensive Plan, Industrial Park/KOZ, Storage Trailers, Ordinance #1-02, History Grant, Lights on for Safety, Census Undercount, OTM Bulk Sewer Service, Maintenance for SFTF, Recycle Grant, Repairs to Francis Cemetery – nothing. Dennis Howard Mylar – Mr. Howard purchased the property at 7631 Hawthorne Ridge Road and is subdividing 24.937 net acres from the front of the lot. It has 826.36 feet of frontage. The rear portion will have 30.056 net acres and no road frontage. The rear lot will be adjoined to parcel #22-1-3-7 also owned by Mr. Howard. Miller moved to approve the Howard Mylar as presented. Henderson seconded. Carried. Mylar was signed. SOLICITOR Impact Fee Ordinance, Oshkosh Registration, GMSD EIT Collection Revisions – nothing. Nudity Ordinance Comparison – Felecia Schroeck is checking comments from the minutes. OLD BUSINESS William Walker SFTF – waiting for signed agreement and escrow check. Web Site – in progress. NEW BUSINESS Economic Development Meeting – meeting will be April 10 at 7 p.m. at Washington Township. Triathlon – Henderson moved to approve the Triathlon's use of Township roads on June 1st pending receipt of proof of insurance. Miller seconded. Carried. Styrofoam Debris/Silverthorn and West Stancliff – we have had many reports from residents that the area around the corner of Silverthorn and West Stancliff is littered with Styrofoam debris. It was theorized that the wind must have spread it and that it would take 30 or more people to clean it up. No good ideas on what to do about it. CORRESPONDENCE Upcoming training sessions were reviewed. ADJOURN Sachar called the meeting adjourned at 2113 hours. Bonnie J. Bernhardt, Secretary