June 14, 2005 The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman John Sachar at 2005 hours with the Pledge of Allegiance. Present were Sachar, Jarrett Miller, David Henderson. The Secretary/Treasurer Bonnie Bernhardt was on vacation. VISITORS/PUBLIC COMMENT No visitors were present. MINUTES Miller moved to approve the minutes of 5/26/05 as presented. Sachar seconded. Carried. REPORTS Roadmaster – Henderson reported that the crew has been doing grading when the weather permitted. Some of the MC-70 dust control oil ordered by Township residents has been applied. Today the crew installed a cross pipe on Francis Road on the east side of the Brooks Rd intersection. That pipe should be finished Wednesday. Some winter equipment is still being repaired and prepped for summer storage. The small cinder spreader is being rebuilt to refurbish the rusted metal. Agility – The first round of mowing is done. We will do a total of three rounds of mowing and one round of bush cutting under the Agility contract with PennDOT. Falls Road Bridge #1 – We received a letter detailing the County Liquid Fuels contribution to our bridge. No word yet from Engineer Mark Corey about the bid schedule. CDL Driving Hours – Nothing. Equipment Repair – Nothing on the Truck 6 transmission. The Oshkosh was repaired by removing 8 thousands in shims from the front axle transfer case locker. If this short service life happens again, we’ll have to look for some other problem since the 150 hour service life after the previous rebuild is too short. The JCB 4WD is not locking up properly. The slippage is in the clutch pack. Rebuilding it would cost about $300 to $400 in parts, plus labor. This repair will be done when time permits. Anti-Skid Building – Dave has contacted PennDOT and they will be providing a price for constructing the blocks. Traffic Light at Franklin Center – Repairs are now scheduled for June 16th. Grader Sharing Agreement with Washington Township – Nothing yet. Gas and Diesel Fuel Bid – The Erie COG bid for gasoline and diesel fuel for participating municipalities is complete. The low bidder for Franklin Township is Reed Oil Company, 511 Montgomery Ave., New Castle, PA 16102. Bid results documents and a proposed contract were reviewed by the Supervisors. A motion was made by Miller and seconded by Sachar to award the bid to Reed and sign the contract for a three-year period from June 20, 2005 to June 30, 2008. Carried. The previous vendor, Erie Petroleum, will be informed and thanked for their good service. FINANCIAL AND TAXES Bills – Sachar moved to approve the bill list for payment totaling $9,757.98 general fund and $9,768.75 from other special funds. Miller seconded. Carried. Payroll – Miller moved to approve payroll #11-05 and #12-05 as presented. Sachar seconded. Carried. Tax Collector – Since the Tax Collector advised the Supervisors at the last meeting about the reassessment of Clean and Green properties that was occurring, the county has provided us with an accounting of the properties being reassessed. The Supervisors reviewed spreadsheet data produced showing many possible inequities. Discussion. The Supervisors will present the issues to ECATO at their meeting on June 23. If others are also concerned then ECATO can present questions to the County. If not, the Township will send a letter to the County Assessment Office to secure some answers. Procurement Cards – Application documents were signed and will be forwarded to PLGIT. EMS Tax Collection – A list of 37 residents were reviewed that would be subject to the new EMS tax if adopted. These 37 are individuals that are resident self-employed individuals earning over $12,000. According to the Tax Collector, about 160 non-residents would be subject to the tax. Revenues would amount to $7,520 from non-residents and $1,739 from residents. Total collections from the tax would be about $9,359. The Supervisors will need to make a decision no later than September to provide for time to adopt the enabling ordinance, include the amount of collection in the budget and inform employers. Employee’s Benefits Credit Hours – Dave will draft a policy for review. PLANNING, ZONING, RECREATION, SAFETY, SANITATION/RECYCLING, HEALTH AND THE COMMON GOOD Planning Commission Minutes – The June 7th meeting minutes were reviewed. Regional Planning Commission – The final draft of the plan has been received by the Commission. Any last minute changes must be provided to Terry Carcella at Washington Township by June 21. The solicitor is to approve the resolution for adoption and the adoption process. The proposed resolution and the adoption process document provided by the consultant are to be forwarded to the solicitor for his approval. The Supervisors received the Public Notice provided by Washington Township that will be run in the paper for the Joint Planning Commission’s public meeting July 13, 2005 at 7 p.m. at Washington Township’s Building. Following the public meeting, the Commission can then adopt the Plan. The Plan document will be available at the Franklin Township Office for public review and also be on the Township’s website. Industrial Park/KOZ – Discussion was held on the possibility of sewer and water being extended to the west side of I-79, which would service developments in Washington Township and Franklin Township’s commercial and industrial zones. The Supervisors directed that a letter be sent to Rep. Matt Good and Senator Jane Earll advising them of the possibilities and asking for any assistance that they may be able to provide. Storage Trailers –The Planning Commission recommendations were reviewed. There were no objections to their wording changes. However, the issue of temporary semi-tractor trailer and other portable equipment/material storage during active construction periods has not been addressed. The Planning Commission is to be asked to recommend how to handle these types of temporary storage issues. History Grant, SFTF - Nothing Ordinance Compliance – After numerous attempts, Zachary Smith, 8244 Crane, has not complied with letters sent to remove the junk and abandoned vehicles from his property. Motion made by Sachar to send a violation notice by certified return receipt mail demanding compliance no later than a certain date. If compliance is not achieved on that date, the Zoning Officer is authorized to file charges alleging the violation with the District Judge. Seconded by Miller. Carried. Recycling, Shooting Range, Edinboro Lake Watershed, – Nothing. Bradley Irwin SFTF – The Supervisors reviewed the DEP forms submitted by Irwin. Motion was made by Sachar to adopt Resolution #3-05. Seconded by Miller. Carried. ACRE Initiative – Over the past two weeks both PSATS and ECATO have requested that the Township express an opinion of non-support in its present form for the ACRE Bill, HB 1646. RESOLUTION #4 of 2005 OPPOSING HOUSE BILL 1646, THE ACRE INITIATIVE WHILE REAFFIRMING: * THE TOWNSHIP’S COMMITMENT TO FARMING; * EQUAL TREATMENT UNDER THE LAW; * PRESERVATION OF THE COMMONWEALTH’S LOCAL LAND USE REGULATORY SYSTEM; * CONFIDENCE IN THE LAWS AND REGULATIONS OF THE DEPARTMENTS OF HEALTH AND ENVIRONMENTAL PROTECTION ALONG WITH THE CONSERVATION DISTRICTS TO PROPERLY REGULATE FARMING OPERATIONS; AND, FURTHER, * EXPRESSING CONCERN AND DISSATISFACTION REGARDING HOUSE BILL 1646 OF 2005; AND * REQUESTING IN THE NAME OF OUR COMMUNITY, CITIZENS AND VOTING RESIDENTS THAT SAID HOUSE BILL BE REJECTED IN ITS PRESENT FORM. WHEREAS, the courage, creativity and ability of Pennsylvania’s farming community is known and acknowledged, as is their unique need to continue and expand in providing sustenance for the people of Pennsylvania, while ACRE does little for the average Pennsylvania farm; WHEREAS, the farming community has been supported in more than words by the Township through the formation of an Agricultural Security Area, Zoning bonuses and a liberal interpretation of the Right to Farming laws for many years, while ACRE undermines this long standing and nurtured relationship between the citizens, local government and agricultural interests; WHEREAS, ACRE is not the better constructed and more deeply considered alternative to the Governor’s veto of House Bill 1222 it was projected to be, but rather a significant and special interest driven preemption of local government authority for the benefit of a small segment of one single special interest group in the Commonwealth; WHEREAS, ACRE repeals the Nutrient Management Act, and then provides for it again in similar language, opening this set of important regulations to further tinkering and special interest manipulation; WHEREAS, ACRE was, in initial drafts, proposed as a system of mediation, the final legislation is devoid of such assistance and rather creates an expanded multi-level review process which will be costly, complicated and require separate legal representation concerning any dispute for all parties involved, Townships, property owners and agricultural interests alike; WHEREAS, unlike mediation, ACRE provides for a judicial process as it includes the swearing of oaths, subpoenas, cross-examination, the rendering of a verdict or decision and an appeal to Commonwealth Court; WHEREAS, through its loose language and use of definitions, ACRE, extends latitude in interpretation and at times does not conform with other regulations such as 25 Pa. Code § 92.1 (which is related to the National Pollutant Discharge Elimination System Permitting, Monitoring and Compliance definition of surface water). Language used also may limit or complicate DEP’s ability to pursue its stated goals regarding setbacks for manure spreading and other aspects of the Clean Streams Laws; WHEREAS, under the ACRE legislation, virtually any local ordinance that impacts a farming operation could be subject to review regardless of its impact on future health and safety concerns, logical related ordinances for all, or any needed protection documented for existing neighborhoods, schools, houses of worship, nursing homes, hospitals, playgrounds, parks drinking water safety, water source quality preservation or surface water contamination etc; WHEREAS, the Municipalities Planning Code (MPC) is a balanced law protecting farming interests by already stating that zoning ordinances must encourage the “viability of agricultural operations” and continues with that trend by adding that zoning ordinances may not restrict the development of agricultural operations in geographic areas where agriculture has historically been present [53 P.S. § 10603(h)]; WHEREAS, in balance, the same section of the MPC provides for the protection of the public when it fairly adds an exception should such an operation present a threat to health and safety, ACRE unfairly tips this careful balance toward one interested party among many stake holders; WHEREAS, the MPC states in Section 916.1 that challenges to the validity of an ordinance are to be first brought before either the zoning hearing board or the municipal government, ACRE is in conflict with this regulation. The MPC provides for review actions to be the exclusive province of zoning hearing boards and municipal governments (53 P.S. § 10909.1). Such decisions are then subject to a review by the Court of Common Pleas (53 P.S. §§ 11001-A through 11006-A). ACRE, (through section 331) grants the Office of Ordinance Review (OOR) and Agricultural Review Board (ARB) authority to review the validity of any ordinance (zoning, land subdivision or stand alone ordinance) that is purported to violate any of the absolute prohibitions established in Section 331 without limits to such authority. ACRE would therefore unnecessarily duplicate the current method for challenging the validity of municipal ordinances, which are adopted pursuant to legal authority vested by the State in local governments, and provide one special interest group rights not available to all; WHEREAS, provisions of ACRE (section 317) authorizes the OOR or ARB to seek immediate enforcement of their cease and desist orders even prior to a hearing or resolution of a case, which may be under appeal to Commonwealth Court. No process is evident that provides for the local government to supersede the OOR or ARB ruling while completing the administrative processes involved and obtaining a further ruling from the proper judicial body. If the township enforces its ordinance while under appeal, this could result in multiple actions against the municipality and its elected officials including OOR or ARB enforcement through the Attorney General; WHEREAS, the Agricultural Review Board (ARB), as constituted, is heavily biased toward agricultural interests and is therefore not impartial. The appointee to the ARB from a college of agricultural science at a State related university would severely lack impartiality. The agricultural departments at State related universities are heavily funded by agribusiness, which obviously has a direct, vested interest in the litigation before the ARB. In addition, the remaining proposed appointees are political in nature and will typically lack valid credentials in public health, municipal government, or land planning; WHEREAS, a representative of the Department of Agriculture is selected to defend the decisions of the OOR and ARB, thereby creating at the very least a perception of bias in favor of agricultural interests, and at most constitutes an actual conflict of interest which should be ethically removed from such judgments; and WHEREAS, petitions to and notices of decisions of the Office of Ordinance Review (OOR) require public notification, appeals to the Agricultural Review Board (ARB) do not require public notification (Sections 314-316). In addition, public notification of a hearing before the ARB requires only a maximum 10-day notification. This provides little time for a typical citizen landowner to comprehend and properly prepare any presentation for the ARB. Such a lack of proper presentation may further dilute and unfairly influence commonwealth court upon subsequent appeal. NOW THERFORE BE IT RESOLVED by the Board of Supervisors of Franklin Township as follows: Franklin Township opposes any part of House Bill 1646 that removes local control in land use decisions from the people of the Township. We further object to the dilution or confusion of regulatory authority ACRE represents not only for the Township, but for agencies of the State such as the Pennsylvania Departments of Environmental Protection or Health and State Conservation Commission. The Township further requests that the large loopholes that exist in ACRE, for example concerning odor management among others, be closed to a greater degree. The Township, through its Board of Supervisors, urges all private citizens and organizations, including residents, employers, educators and business owners, to demonstrate a tolerance for farming activities and seasonal or intermittent disturbances, while at the same time it asks for support and respect for equal treatment under any regulatory system and the right to legally guided local arbitration of land use conflicts for all interest groups. The Township further requests that Erie County’s representatives to the General Assembly, the Honorable Representatives Linda Bebko Jones, Florindo J. Fabrizio, Matthew Good, Curt Sonney, John Evans and the Honorable Senator Jane M. Earll actively work for the defeat of the ACRE initiative as currently constituted in House Bill 1646. Motion made by Sachar and seconded by Miller to adopt Resolution #4-05. Carried. The resolution is to be faxed to all the Erie County General Assembly members. Junk Vehicles, Swanson Property, 9648 Mohawk - Two complaints were received this week about several junk vehicles being moved onto the Swanson property, 9648 Mohawk. Henderson took pictures and found four vehicles parked there. None had current inspections. Two of these had out of date registrations. One had no plate and one had a registration that was about to expire. The Supervisors reviewed the pictures and discussed action. Sachar moved to send a letter to the property owner and advise the owner of the violations to our ordinances and request immediate compliance. Miller seconded. Carried. SOLICITOR Vittorio Judgments – The secretary and the solicitor will consult soon about any further notices and the collection action. OLD BUSINESS Internet Survey, Lack of Broadband Service to Township – Verizon contacted Henderson about a new program being instituted in Pennsylvania under the recently passed Broadband law. In this law, if a demonstrated need exists, there is a process to require the local telephone company to provide DSL service. Verizon offered to work with us to create a demonstration project for the first implementation of this process in Pennsylvania. In order to prove a demonstrated need, we would need to provide to Verizon a list of telephone numbers and people’s names of those that would purchase DSL from Verizon at $30 if the service were available. This cost includes both the ISP service and the High Speed line. Sachar moved to send an explanatory letter with a postage-paid return card to residents asking those that are interested to provide their phone number and name. Seconded by Henderson. Carried. This data will be compiled and then be given to Verizon to prove need. The Alltel area would be excluded if DSL is available there now. John is to check availability. PA One Call – nothing. Northwestern RECA – A letter in response to the Township’s letter on outages caused by Penelec’s feed lines was received and reviewed by the Supervisors. REA appreciates our interest in their problem with poor Penelec service and maintenance of the feed lines. Also, Henderson advised the Supervisors that he had ridden around the Township with one of REA’s engineers to look at the location of poles that were too close to the road; damage to ditches; and wood and brush left in rights-of-way and waterways. The problems will be corrected. NEW BUSINESS Copier Replacement –The current copier is six years old and seven years is the limit for service contracts. The cost has been going up. A proposal was reviewed from Erie Copy Products. They propose to lease a new AR-M207 copier with service to us for five years for $110.27 a month. If ordered now, Erie Copy Products would make the September payment and the first payment from us would be owed in November. The machine would be delivered in 4 to 8 weeks. Credit would be given to us for the remainder of the current machine’s service contract and they would buy the current machine from us for $200. Sachar moved to accept the lease agreement and other incentive terms outlined. Miller seconded. Carried. Disposition of Old Welder – The Supervisors would like to see if we could sell the old welder. Henderson will contact the welder repairman to have him talk it up. CORRESPONDENCE Several pieces of correspondence were reviewed. ADJOURN Sachar called the meeting adjourned at 2145 hours. David G. Henderson, Assistant Secretary