January 31, 2007 The meeting of the Supervisors of Franklin Township, held in the Township office, was called to order by Chairman John Sachar at 0800 hours with the Pledge of Allegiance. Present were Sachar, David Henderson, Audrey Scruton/Reporter, Norman and Myrtle Brown and Jim and Diane Carver. Supervisor Gary Truitt was out of town. VISITORS/PUBLIC COMMENT No comments. MINUTES Henderson moved to approve the minutes of 1/2/07 as presented. Sachar seconded. Carried. REPORTS Roadmaster – Dave reported that our snow count is at 124 inches. Roads have been plowed as needed and the equipment is working well. He also said that it was nice to have dry antiskid and to have it under cover. Agility, Anti-Graffiti Paint, Francis Road Pipe Grant Application – nothing. Fire Pond Grants – Dave reported that he updated our new Representative John Hornaman on the applications. Mr. Hornaman will take up the cause with the work to hopefully be done this summer. Roads to Gravel – the list of roads to be graveled was reviewed. Henderson – we need to stay within what we can get done and do the worst roads first. The roads for 2007 shows 4.37 miles being graveled at an estimated cost of $85,000. These are the worst and were the first ones graveled when I first started here. The two qualifiers are the price of gravel (currently $12.50/yd) and the second is our second Dirt and Gravel Roads Program grant. We need the money for our share. The Silverthorn #5 D&G grant is funded and in the budget. We would need to fund 3 to 4 weeks of labor for the Mohawk #4 grant. Sachar – what are the dollar amounts? Henderson – around $7,070 in labor. Some of the money can come from the ditching budget but the rest we need to fund. We can make a final determination when we receive bids for gravel as to the dollar amounts. We need to authorize bids for 4,900 tons. Discussion on moisture content in gravel. Sachar moved to authorize the Roadmaster to advertise bids for gravel. Henderson seconded. Carried. MO#4 Dirt and Gravel Roads Program Grant – Dave reported that the final grant amount will be determined when the figures are reworked. Hawbaker Gravel will get us a price as he will be bringing the driving surface aggregate. In the 5 years of the D&G program, we’ve gotten 4 grants. Henderson moved to sign the D&G contract for Mohawk #4, Sachar seconded. Carried. The contract was signed. Tanker Repairs – Dave reported that the new tank is complete and looks good. Several special deals were added to the job; a ball float valve was added on top of the tank. The old skirts were badly corroded and will be thrown away. New fenders will be made to replace the skirt work. Salt Painting will do the sandblasting and painting for an additional $1,400 to $1,500. These items will add an additional $2,000 total to the project. FINANCIAL AND TAXES Bills – Henderson moved to approve the bill list for payment as presented totaling $13,210.01 general fund; $443.92 EIT fund and $1,451.72 municipal building fund. Sachar seconded. Carried. Payroll – Henderson moved to approve payrolls #1-07 and #2-07 as presented. Sachar seconded. Carried. Procurement Cards – Harris Bank wants our documents resubmitted. Henderson – this amounts to a Visa and MasterCard management deal. RESOLUTION #1-2007 A Resolution Authorizing Issuance of Individual Procurement Cards (see file for complete Resolution) Henderson moved to adopt Resolution #1-07 and sign all the necessary documents. Sachar seconded. Carried. PLANNING, ZONING, RECREATION, SAFETY, SANITATION/RECYCLING, HEALTH AND THE COMMON GOOD Planning Commission Minutes – Dave reported that the meeting with the Supervisors in attendance was productive. Dwight Miller was making additions/corrections on the fly with his laptop. When we receive the draft back from Dwight, it will be forwarded to Attorney Schroeck. Joint Comprehensive Plan – Dave said that he will soon call Tom Graney to give us a dollar amount on codifying our ordinances. When we have a figure, we can begin the grant process. Industrial Park/KOZ, Storage Trailers, Ordinance Compliance, Edinboro Lake Watershed Assn., Flu Pandemic, Fire Hydrant on Old State, History Grant – nothing. Stormwater Management Model Ordinance – some of our questions concerning this issue were referred to the County. Two questions were: is our existing Ordinance superseded by the State and do we need two ordinances, one for the Lake Erie Watershed and another for the French Creek Watershed. Recycling – Henderson moved to approve the mail-outs as presented. Sachar seconded. Carried. There may be some cost for printing and postage. Shooting Range – John requested that a letter be sent to Joe Weindorf asking what the status is concerning an indoor shooting range. NIMS Compliance – a letter was received from the FTVFD saying that they have several currently certified or in NIMS training. Elizabeth Davis Child-Care Facility – we have not had a response to our letter. John said to send a follow-up letter inquiring as to her compliance status. Lawrence and Joan Pieper Mylar, 7216 Crane Road – the Piepers are subdividing Lot 1 for their son Paul Pieper, 7190 Crane Road. The lot is 20.866 net acres and has 50 ft. of frontage on Crane Road opening to 402.37 feet. It has a 50 ft. right-of-way that goes from Crane Road to the rear of the property. There are existing buildings on the lot that all meet the Township’s Zoning Ordinance setback requirements. Lot 2, the residue, has 460 ft. of frontage and 27.2 total acres with existing buildings. Sachar moved to approve the Pieper Mylar as presented. Henderson seconded. Carried. Mylar was signed. Review and Complete County Emergency Management Resource Request Documents – the letter received from the County says that if a township requests resources from the County in an emergency, the township is responsible for paying the County for those resources. Henderson – HazMat is usually paid for by insurance. The fire department would make that request. Sachar – this request can go both ways, in theory if the County asks for our help, they pay for it. Attorney George Schroeck arrived at 0847 hours. SOLICITOR Vittorio Property – the bankruptcy court approved the addition of interest in the amount owed. No payments have been received as yet. We will check on this. Nuisance Ordinance Update – with the Planning Commission. Girard Pit – Mr. Summerville plans on using the pit this summer. Brown/Carver Property/Ordinance Violation – Attorney Schroeck said to the Browns and Carvers that he had an agreement form for them to sign agreeing to cleaning up/removing the items listed in the Notice of Violation, that the deadline could be filled in today pending the Supervisor’s decision on time allowed. Diane Carver – we need some time to clean up. Schroeck – what kind of time do you need? Norman Brown – we are not willing to sign an agreement. Diane Carver – this is short notice. We want to have time for advisement. Henderson moved to file action against Norman and Myrtle Brown (property owners) at the District Justice on February 28th right after the advertised Supervisor’s meeting. The thirty days allowed on the violation notice is up on February 18th. If they wish to stop action, they can sign the agreement and call us on February 28th and we will stop the action. Sachar seconded. Carried. Schroeck – on February 28th we will file action if you don’t sign the agreement. You can stop this anytime up to this period. Is Richie Marsh still your attorney? Have him give me a call. Diane Carver – I’m not saying anything. Henderson – this gives you time to think about it and give your attorney a call. Diane Carver – I’m not saying anything. Commonwealth Court Ruling on UCC Inspectors/Latest from PSATS – Dave reported that the question is; can townships have an exclusive contract with a third-party inspector. The ruling is you can have a third-party inspector to administer and enforce but can’t have an exclusive inspector. Schroeck – this is headed to the State Supreme Court. Henderson – the legislation was drafted wrong. There could be legislation to correct the issue. The wording in one section is in conflict with another section. The quality of inspections depends on the inspector and whose back pocket he is in. No one looks over the inspector’s shoulder. The only one to do that is the Dept. of Labor and Industry and they are swamped. If there is no control over the inspection process, you might as well opt out. That would be my recommendation. It would be extremely difficult to keep all those inspectors under wraps, opt out. OLD BUSINESS Internet Broadband – referred to Representative Hornaman. Verizon FIOS, Elk Creek Boundary Road Agreement – nothing. NEW BUSINESS No new business. CORRESPONDENCE ECATO Firemen’s Dinner – John and Dave will attend along with two firemen. Reactivate PLGIT Account – signature card was signed. Training Sessions – were reviewed. ADJOURN Sachar called the meeting adjourned at 0916 hours. Bonnie J. Bernhardt, Secretary