May 10, 2005 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 and Art Foy. VISITORS/PUBLIC COMMENT No comments. MINUTES Miller moved to approve the minutes of 4/28/05 as presented. Henderson seconded. Carried. REPORTS Roadmaster – Dave reported that the crew has installed new driveway pipes; the block for cross-pipe installation has been received; the roads on the east side have been graded a second time. Also, repair work on the tractor is done and the Oshkosh hydro leak problem is solved. It will go to Jack Whitney Repair in New York this week. It has 140 hours on it since it was last repaired at Jack’s. Art and Lois Foy Mylar – the Mylar shows a subdivision of land at 10952 Eureka Road. Lot 1 is a flag lot with 50 ft. of frontage, 35.518 acres and 0.029 acres for road right-of-way. Lot 2 has 250 ft. of frontage, 12.293 acres and 0.279 acres for road right-of-way. This lot is north of Lot 1 and is L-shaped wrapping around the rear of Lot 3. Lot 3 has 250 ft. of frontage, 2.267 acres with 0.143 acres for road right-of-way and an existing house with well and septic. Lot 3 is 395 ft. deep. Discussion on Clean and Green as enforced by the County on subdivisions of land already enrolled in the program. Henderson – the enforcement regulations have to be something that is being done at the County level. Procedural regulations are not something that would be included in the law. Miller moved to approve the Foy Mylar as presented. Sachar seconded. Mylar was signed. Mr. Foy left the meeting at 2010 hours. Agility, Stop Sign Maintenance, Anti-Skid Building, CDL Driving Hours, Equipment Repair – northing. Falls Road Bridge #1 – waiting for a call back from our engineer. Refurbish Traffic Light at Franklin Center – discussion on the short affecting the light. It was determined that the Coaxial cable sagged and was hitting our wire when the wind was blowing which in turn frayed our line and shorted it out. Dave stated that he inquired about LEDs to replace the light bulbs. They would last around 5-years before needing changed. The estimated cost is $280 for the LEDs, $120 labor, and $100 parts. Because Coaxial took responsibility, they will string new messenger wire for us at no cost. Board agreed to go ahead with the refurbishment. FINANCIAL AND TAXES Bills – discussion on various bills. Miller moved to approve the bill list for payment totaling $5,479.33 general fund; $5,715.05 state fund and $983.63 equipment fund. Sachar seconded. Carried. Payroll – Sachar moved to approve payroll #9-05 as presented. Henderson seconded. Carried. EMS Tax – nothing. Employee Benefits Credit – discussion on payroll information supplied from past computer records for 1990 to 2004. Also, research of payroll records from 1978 to 1989 was presented. Henderson – the common number of hours worked is between 1,200 and 1,500 hours a year for full-time employees. Discussion on where labor hours were used in the last 15 years. Henderson – we’ve given Larry Pieper credit for 4 years. I will write up a policy concerning this. It will give us something concrete to consider, in the meantime look over the charts and information given to you. PLANNING, ZONING, RECREATION, SAFETY, SANITATION/RECYCLING, HEALTH AND THE COMMON GOOD Planning Commission Minutes – discussion on the sketch plan of Dan Taylor for property located at 11475 Silverthorn Road. Regional Planning Commission – a meeting is scheduled for May 11th. Industrial Park/KOZ – nothing. History Grant – Dave has encouraged the students at EUP to finish up. Storage Trailers – Dave will write a draft ordinance for consideration. Ordinance Compliance – will send letters next week. Shooting Range – nothing. Recycling – the question on the spring ballot would reinstate funding for recycle grants. Edinboro Lake Watershed – a public meeting was held on May 8th. Lake clean up is scheduled for May 21st. Violation of Township Ordinances – discussion on the frustration of dealing with those who are informed of ordinance regulations and still violate them. Henderson – we don’t have a hammer, in order to do anything about violations, we have to take them to the District Justice. Miller – the cost wouldn’t warrant doing it. Henderson- we’d be doing it all the time. There are no absolutes; inconsistency is a problem. If the whole County would clamp down on this, we wouldn’t have so much trouble. Miller – you have to be consistent. Sachar – I would be agreeable to pursuing the Keystone Waste deal. It would make a statement. Henderson – I’ll check on the dumpster on Francis. SOLICITOR MDIA Contract – contract was signed by MDIA. Vittorio Judgments – see Resolution #1-05. RESOLUTION No. 1 of 2005 NOW THIS 10TH DAY OF MAY 2005 comes the Board of Supervisors of Franklin Township, Erie County, Pennsylvania and resolves: WHEREAS the Eureka Road Neighborhood Improvement District Management Association (hereinafter NIDMA) has caused Franklin Township, Erie County to notify David Lee ux Deborah Vittorio regarding their unpaid lien for the paving of Eureka Road Section #4, and; WHEREAS the Vittorio’s have not made arrangements for a payment plan or paid the arrearages now due and owing for two (2) years. BE IT HEREBY RESOLVED by the Board of Supervisors of Franklin Township that legal processes be commenced in accordance with the request of the Eureka Road NIDMA to collect the lien and if necessary proceed through to a sheriff sale on the property located at 11066 Eureka Road, Edinboro, PA 16412 with index number 22-009-025.0-006.02. Sachar moved to adopt Resolution #1-05 as presented this 10th day of May 2005. Miller seconded. Carried. OLD BUSINESS Internet Survey – Dave will respond to the letter received from Representative Good. Still waiting for WinBeam. PA One Call – nothing. Meeting with Representative Good – our needs were presented. Power Outage – Dave wrote a letter to Northwestern RECA on pole placement along some of the roads. Dave will also respond on the power outage. Walsh Equipment Show – employees will attend. ACRE Memo from PSATS – discussion on memo received. Sachar – the Farmer’s Association said the Review Board is an adjudication board that makes decisions and townships would have to abide by their decisions. Henderson – PSATS is now reevaluating their position on the issue. Miller – as it stands now, the township would have to sue. The Review Board would stand between the township and the courts. Discussion. A local ordinance cannot be stricter than the State law. Sachar – a producer could go to the Board and if they sided with the producer, the Board would say the township had to change their ordinances. Henderson – this is like a Zoning Hearing Board. If we had a contentious case, it could bankrupt the Township. Miller – some of the farmers are against it because of nutrient management and odor. They could meet the nutrient storage regulations but the law says you can’t have the odor day after day. It’s all right to spread the manure but it must be plowed down right away. Discussion on factory farms. NEW BUSINESS Nothing. CORRESPONDENCE Reviewed. ADJOURN Sachar called the meeting adjourned at 2116 hours. Bonnie J. Bernhardt, Secretary