September 13, 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, David Henderson, Gary Truitt, Terry Rea, Attorney Eugene Brew, Attorney Robert Ward, Mrs. Jessie Swanson and Joel Vernon Johnson. Jarrett Miller was absent due to illness. HEARING – JOINT COMPREHENSIVE PLAN Was cancelled and will be rescheduled at a later date. HEARING – SWANSON PROPERTY, 9648 MOHAWK ROAD/NUISANCE COMPLAINT, JUNK YARD ORDINANCE VIOLATION The property is currently owned by Mrs. Swanson but is being leased by Mr. Johnson prior to it being sold to him. JV Johnson – the items cited have been removed. I was incapacitated so I had two men go out and clean it up. The items were intended to be stored inside the building. Sachar – what is your intention for the property? I see your letterhead is Waste Control Systems. JV Johnson – storage and I hope to build a house there. E Brew – Mr. Johnson has a lease for the property. None of the items belong to Mrs. Swanson. R Ward – most of the items have been cleaned up. He has straightened up the piles of lumber. One vehicle is left there. His letterhead is for waste control. Would what he is doing at the property constitute a business? Is the property zoned for business? Is this all right? Sachar – that depends on what is being stored. R Ward – is the lumber that is there being stored or will it be used in the future for a house? JV Johnson – it will be used for a house, planed and used. Attorney George Schroeck arrived at 2005 hours. Sachar – the materials were placed in such a manner that it appeared to be in violation. R Ward – why the bicycle frames etc.? JV Johnson – the ordinance says one vehicle is allowed. The oil tank is to be used for heating fuel to heat the building. J Swanson – what about the old wire and screens? JV Johnson – gone today. T Rea – I live on the road. I know there are several properties near there with junk vehicles out back. It looks like you settled on Mr. Johnson. Sachar – people came to us with a complaint. We did not seek him out. We will as a Board go out and view the property. R Ward – where do we go from here? Henderson – we will visit the property, make a determination and let you know. Attorney Ward, Attorney Brew, Mrs. Swanson, Mr. Rea and Mr. Johnson left the meeting at 2010 hours. Schroeck – now that the property is cleaned up, is he conducting a business? Sachar – he says not. All the material left is to be used for residential construction. Henderson – unless the lumber can be graded, it can’t be used for structural use. Discussion. Vittorio Hearing Date – hearing date has been changed to November 3, 2005 at 1:30 p.m. at District Justice Stuck-Lewis’s office. Discussion on procedure. Dan Koman/Wooden Nickel Buffalo Farm Public Assembly Permit – Attorney Schroeck was asked his opinion on issuing a permit. Schroeck – issue him a permit nunc-pro-tunc (now for then). Discussion on a blanket permit for events to be held next year. Henderson – the ordinance does not allow for a blanket permit. He can automate the process by gathering all the information and presenting it at one time for each permit. As long as he knows the dates, he can come in with the information once for the year’s events. Each event would have a fee but he can get them all at once. Submitted application was reviewed with attention to the submitted insurance form. Schroeck – look for coverage on specific events, not his blanket policy. Mr. Koman’s insurance agent will be contacted and asked if his policy extends to each public event held on the property. Schroeck – have him sign an affidavit stating that he has coverage for each public event. Public events are probably not included under this farm policy. Discussion. We’re interested in the liability aspect of his coverage. Sachar – we’ll decide on this application at the last meeting of September after we get information from his insurance company. VISITORS/PUBLIC COMMENT Nothing. MINUTES Sachar moved to approve the minutes of 8/25/05 and 9/8/05 as presented. Henderson seconded. Carried. REPORTS Roadmaster – Dave reported that some grading has been done; the grader is working fine since being repaired. Brine tanks are currently full. Crew is doing some repairs on the 1-ton (rear tank and hitch). Agility – the last mowing round for PennDOT will start next week. Falls Road Bridge #1 – Henderson moved to authorize the signing of the contract and any other necessary documents. Sachar seconded. Carried. CDL Driving Hours, Equipment Repairs, Grader Agreement, Dirt and Gravel Roads Grant Application – nothing. Anti-Skid Building – Dave reported that he gave PennDOT a reminder notice for getting a price for blocks. A request was sent out for a quote on a cover skin for an anti-skid building. Dave reported on his Roadmaster Roundtable session. He said that the US Dept. of Agriculture has low interest money available for the construction of buildings, roads, equipment, etc. The current rate is around 4-41/2%. We’ll get information on financing. Discussion. Attorney Schroeck left the meeting at 2030 hours. Francis Road Big Pipe Grant Application – a letter was sent to Senator Earll requesting her support for our application. FINANCIAL AND TAXES Bills – Sachar moved to pay the bills as listed totaling $5,792.87 general fund, $983.63 equipment fund, hold EU4 principal payment of $13,432.41 until funds become available. Henderson seconded. Carried. Payroll – Sachar moved to approve payroll #18-05 as presented. Henderson seconded. Carried. Rising Cost/Next Year’s Budget – concern was expressed over the rising costs of fuel, cross pipes, trucking, asphalt etc. Discussion. Clean and Green Reassessments – issue should be addressed at the ECATO meeting at the end of the month. Procurement Cards – waiting for some free time. EMS Tax – the legislature is expected to pass the amendments. Employee Benefits Credit – nothing. IRS Mileage Increase – Henderson moved to adopt the IRS mileage allowance of $0.485 per mile. Figure is good from Sept. 1 to Dec. 31, 2005. Sachar seconded. Carried. PLANNING, ZONING, RECREATION, SAFETY, SANITATION/RECYCLING, HEALTH AND THE COMMON GOOD Planning Commission Minutes – reviewed. Norbert Hayes Front Set Back Relief Request/10765 Silverthorn Road – M/M Hayes are requesting relief from the front set back requirements of 75ft. from the center of the road. They would like to build an addition onto their home with the front in-line with the existing older home that is 65ft. from the center of the road. Henderson – the Supervisors are permitted to give side and rear yard setback relief but not front yard setback relief. Their only solution is to ask for a variance. Discussion. Regional Planning – next meeting is October 12th. Industrial Park/KOZ, History Grant, Ordinance Compliance, Recycling, Edinboro Lake Watershed – nothing. Storage Trailers – Board to review the latest draft. Koman Public Assembly Permit – see first part of minutes. Shooting Range – latest letter from Lt. Fetterman was reviewed. It was sent to the residents. Nuisance Complaint/Swanson Property – the Supervisors will drive by the property on Wednesday morning. Noise Complaint/Denny’s Bar and Banquet – a letter was received from Dennis Watkins in answer to our letter. Henderson – they did block off entry and exit from Route 98. We only received complaints on that one bike night. No other complaints have been received about noise. Will monitor the situation. Discussion on enforcement. Dan Netzler Conditional Use Permit Request/Hunting Preserve at 11334 Silverthorn – Sachar moved to advertise and hold a hearing on October 11, 2005 at 8:00 p.m. to take public comment on the Netzler request. Henderson seconded. Carried. James Britton SFTF/8350 Clair Wright Road – paperwork was reviewed. Sachar moved to approve the Britton SFTF paperwork and adopt Resolution #5- 05. Henderson seconded. Carried. RESOLUTION #5 OF 2005 A RESOLUTION FOR PLAN REVISION FOR NEW LAND DEVELOPMENT. A RESOLUTION OF THE SUPERVISORS OF FRANKLIN TOWNSHIP, ERIE COUNTY, PENNSYLVANIA. (see Britton file for complete copy of Resolution #5- 05). SOLICITOR See first part of minutes. OLD BUSINESS Internet Broadband – waiting for Verizon. NEW BUSINESS None. CORRESPONDENCE Reviewed. ADJOURN Sachar called the meeting adjourned at 2128 hours. Bonnie J. Bernhardt, Secretary