June 27, 2002 The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman John Sachar at 0802 hours with the Pledge of Allegiance. Present were Sachar, Jarrett Miller, David Henderson and Gary Truitt. VISITORS/PUBLIC COMMENT None. MINUTES Henderson moved to approve the minutes of 6/11/02 as presented. Miller seconded. Carried. REPORTS Superintendent – Dave reported that the brakes were replaced on the 1-ton but they are still not right. The ABS sensor is not working. See Eureka #4 project for the rest of the report. Agility – the PennDOT trencher with operator is being used on the Eureka #4 project. Diesel Engine – nothing. Eureka Road #4 Paving Project – 30 under drains are done with 12 more to be done. Discussion on the drain material used. Next week cross pipes will be started and should take two weeks. Then ditching will be done. Russell Standard estimates a start date of August 12-16. The fabric was bid at 12.5 ft. rolls but was not available at that width. The supplier will take a 17 ft. wide roll and split it in half. Street Light at the Intersection of Rt. 98 & Crane – PennDOT and L-TAP will determine the location and fixtures needed. Falls Road Bridge #1 – nothing. FINANCIAL AND TAXES Bills – Miller moved to approve the bill list for payment totaling $3,514.06 general fund; $6,342.68 state fund. Sachar seconded. Carried. Payroll – Henderson moved to approve payroll #13-02 as presented. Miller seconded. Carried. PLANNING, ZONING, RECREATION, SAFETY, SANITATION/RECYCLING, HEALTH AND THE COMMON GOOD Planning Commission Minutes, Industrial Park/KOZ, Storage Trailers, History Grant, Census Undercount, OTM Bulk Sewer, Maintenance Agreement/SFTF, Francis Cemetery – nothing. Update Comprehensive Plan – grant application was submitted. Letters/Junk Cars – the drive-by was completed. Some residents will get specific letters. Henderson – we could put a general article in the newsletter and follow up with a specific letter to the offenders. We need a zoning violation form for those who ignore the letters. Miller – send the specific letters first and follow up with a newsletter article. Miller moved to send specific letters to those in violation. Henderson seconded. Carried. OLD BUSINESS Newsletter – Jarrett said he has two confirmed ads so far. Additional ideas were listed. Resolution #5-02/Emergency Operations Plan – Henderson moved to adopt Resolution #5-02/Emergency Operations Plan as presented. Miller seconded. Carried. NEW BUSINESS Civil War Memorial Stone Dedication at Francis Cemetery/July 4th – the Board will attend. George Antolik and his attorney Michael Agresti arrived at 0835 hours. Recycle Day – discussion on the possibility of charging for appliances to help cover the handling costs. Sachar – we could put something in the newsletter asking if people would be willing to pay a fee for recycling items. If enough are interested, we could plan for a recycle day next year. Henderson – we have the one time benefit of Waste Management roll-offs. We would have to let them know about it. Collection had reached a plateau but people replace appliances regularly. We'll put the idea in the newsletter. CORRESPONDENCE Reviewed. Attorney George Schroeck arrived at 0912 hours. Western Trail/G. Antolik – Attorney Agresti stated that he and his client would like to come up with a final resolution to the Western Trail matter. He stated that the riprap in the ditch and the cul-de-sac seem to be the problems and that Judge Bozza's order says the cul-de-sac is temporary as long as the second phase of the subdivision has begun. Henderson – he has no subdivision plan. He had a preliminary plan but the Municipalities Planning Code five-year limit has expired. The Judge says all the planning must be approved and none has been approved. No plan has been submitted. Sachar – a preliminary plan was approved but no final plan was ever submitted. Henderson – the engineering specifications, developer's agreement, bond; none of this was done. Antolik – there was no time frame on the rest of the subdivision. Henderson – the court order talks about the time limit required for paving the cul- de-sac. Attorney George Schroeck – are you going to pave the cul-de-sac? Sachar – he needs to submit a final plan. Agresti – if we submit a plan, would we still need to pave the cul-de-sac? Henderson – your client said he wouldn't give us the cul-de-sac and we refused to accept the road without it. Sachar – the riprap is a minor issue. We'll address that with his bond money. Agresti – the erosion issue was fixed with the riprap. It has held up. Henderson – he was told to stabilize the bank. Agresti – in Mark Corey's 7/20/1999 letter he says to stabilize the back slope as necessary. It was his choice how he did it. Henderson – the term back slope does not include the water channel. The riprap impedes the flow of water. Your assumption is that the rain has exceeded the capacity of the ditch to carry the water. Sachar – PennDOT says we would get no liquid fuels money unless we had a cul-de-sac. Antolik says he won't give it to us. Henderson – the court says it must be paved by November of 2001. It was not done. Antolik – you don't need a final plan for roads, only to sell lots. All improvements must be completed. Henderson – it says you need a bond and developer's agreement. Schroeck – you need to know what must be done to take over the road. We'll have an executive session to discuss it. George Antolik and his Attorney left the building to discuss the issue. The Supervisors and Attorney Schroeck held an executive session beginning at 0934 hours and returned at 0950 hours. Schroeck – there are two issues, the ditch and the cul-de-sac. The ditch can be resolved without too much trouble. Our engineer or Heidler has to look at it. If the ditch had been dug deeper, then the riprap would have been all right. We need a set of drawings from our engineer. Agresti – what if Heidler gives it a pass? Henderson – Mark Corey need to sign off too. Agresti – can we have Corey do that? Schroeck – if your client is willing to pay for his trip out there. Henderson – the ditch doesn't fit the design requirements of the Soil Conservation District. Mark Corey is our engineer. He needs to pass it and we need a set of design specifications. This is a problem because there was no engineering done on it. Schroeck – a 45 ft. radius must be paved on the cul-de-sac. Agresti – would you accept tar and chip? Henderson – no, there is no foundation. Agresti – we will respond with our plan. Animal Density – Schroeck reported that the new law protecting farmers and corporate farms talks about nuisance but our proposed ordinance doesn't address nuisance. Unless the ordinance includes nuisance, it is all right as long as it agrees with State regulations on farms. Henderson – the State says an animal unit is 1,000 pounds. The Planning Commission is anticipating people on adjoining two-acre lots with too many animals on the lots. The number of animals isn't restricted but what you do on the lot is, fences, manure handling etc. This law is a knee jerk reaction to municipalities trying to ban corporate farming. Schroeck – the real thing is whether your ordinance falls within these guidelines, no reference to animal nuisance. Henderson – there are two sets of figures, our figures are more restrictive than the State's standards. Sachar – throw the whole thing out, when they hit the State's standards, theirs takes effect. Henderson – the idea was to protect the neighbor next door. Miller – if you are zoned A-1, you can't be stricter than the State. Henderson – maybe the answer is to change the zoning from A-1 to rural residential. Let's table this until we see what comes out of the State. Will do. Verizon DSL – tabled until next meeting. GMSD EIT Collection Revisions – revisions received. Will address after all have had time to review the plan. ADJOURN Sachar called the meeting adjourned at 1036 hours. Bonnie J. Bernhardt, Secretary