February 28, 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, Gary Truitt, David Henderson, Hunter Truitt, Reporter Audrey Scruton, Jim and Diane Carver, Norman and Myrtle Brown and Attorney David Rhodes. VISITORS/PUBLIC COMMENT No comments. MINUTES Truitt moved to approve the minutes of 2/13/07 as presented. Henderson seconded. Carried. REPORTS Roadmaster – Dave reported that the crew has plowed snow as needed. The Oshkosh spreader is being repaired. There is a melt down coming this week with rain in the forecast so the backhoe, ditcher and grader will be used to help alleviate any flooding. Agility – Dave said he plans on seal coating as our project this year. Anti-Graffiti Paint, Francis Road Grant Application, Fire Ponds Grant Applications, Roads to Gravel – nothing. Tanker Repairs – the tanker should be back soon. Dirt and Gravel Roads Program Grant – Soil Conservation will advance half of the money up front. This helps with cash flow. FINANCIAL AND TAXES Bills – Henderson moved to pay the bills as listed totaling $8,086.09 general fund. Truitt seconded. Carried. Payroll – Henderson moved to approve payroll #4-07 as presented. Truitt seconded. Carried. Procurement Cards – the paperwork is being processed. A meeting to discuss the details will be set up. PLANNING, ZONING, RECREATION, SAFETY, SANITATION/RECYCLING, HEALTH AND THE COMMON GOOD Planning Commission Minutes – John and Gary made some suggestions on the draft Nuisance Ordinance. Sachar – the new draft says no junk vehicles. I was wondering about an unlicensed plow truck. Henderson – it can be put in as an exception. I will rewrite this with your suggestions and let you both see it again before it is forwarded to our Attorney. Joint Comprehensive Plan Implementation – no word back from Tom Graney. Industrial Park/KOZ, Stormwater Management Model Ordinance, History Grant, Ordinance Compliance, Edinboro Lake Watershed Association, Flu Pandemic, Girard Gravel Pit – nothing. Soil Conservation Letter on Subdivisions/Wetlands – waiting for the seminar on April 4th for more information. We were told that there will be no exceptions. Recycling – notices will go out in a couple of weeks. Shooting Range – a letter was received from Joe Weindorf. A copy will be forwarded to the residents. Henderson – the whole facility is being used. Mercyhurst has adopted the facility as their outdoor training area and is spending money on upgrades. Dry Hydrant at 8355 Old State – Dave will send a letter asking that it be kept cleared of snow. Elizabeth Davis Childcare Facility – Mrs. Davis has not responded to our second letter concerning her compliance with state and local regulations. Fire Department Hamburger Helper Grant Request – the department is seeking funds to change their old ambulance into a light rescue vehicle. Comments will be made on the website on the department’s behalf. OLD BUSINESS Internet Broadband – Dave has a meeting today with Rep. John Hornaman. Verizon FIOS – nothing. Elk Creek Boundary Road Agreement – Dave will check with them on this issue and let them know when the Township plans to gravel Carbury Road. NEW BUSINESS Grant from Representative John Hornaman – Dave reported that Mr. Hornaman has a $5,000 grant available to the Township. Dave proposed using the grant money to purchase 4 grader tires, 2 backhoe tires, 1 tractor tire and 1 plow balance system. Discussion. Henderson moved use the grant funds to purchase the listed items. Truitt seconded. Carried. CORRESPONDENCE Edinboro Triathlon, June 9th – Henderson moved to grant the request to use Township roads when proof of insurance and bonding of the Township is received. Truitt seconded. Carried. Upcoming training sessions were reviewed. Attorney George Schroeck arrived at 0820 hours. SOLICITOR Vittorio Property – no payments have been received. We’ll check on this issue. Nuisance Ordinance Rewrite – waiting for Board review. Brown/Carver Property – John stated that he felt the Township had given the parties adequate time and notice to clean up the property. Attorney David Rhodes – I have reviewed the paperwork. We want an agreement with a reasonable time frame to address the problem. My understanding is 3 autos, 1 communication trailer, 1 mobile home and miscellaneous items are what are in question. The families have agreed to do the following: One communications trailer – they have agreed to remove it as soon as a tractor can reach it. Miscellaneous items – most are buried under the snow. Items of value will be stored or put behind the house or discarded if they are of no value. Three motor vehicles – Mr. Carver says they are all registered and operable and he asks that they be allowed to keep them on the property. Mobile Home – the perception is that the Carvers aren’t living in the mobile home. They say they are living in it. They can make it more presentable. They can’t remove it if they are living in it. I am aware that this has been going on a long time. The Carvers agree. Sachar – it is difficult to believe that they are living in the mobile home. Henderson – they signed an agreement in 1993 to remove the mobile home upon completion of the house and now they are adding an addition onto the house. Schroeck – three or four years ago we had this discussion with Attorney Richie Marsh. If the vehicles are currently registered, okay. We are happy the communications trailer and the miscellaneous discarded items will be removed. The mobile home does not appear to be lived in. Henderson – we agreed to file charges today if there is no resolution. Rhodes – I believe the house is not occupied. Schroeck – when will it be occupied? Rhodes – not in the near future. We ask for a good faith effort to continue cleaning up and finishing the house. This is overwhelming for my clients but they are willing to make progress. Sachar called an executive session to discuss legal issues at 0833 hours. Meeting reconvened at 0839 hours. Sachar – this is what the Board proposes to the Browns and Carvers: 1. We will allow them thirty (30) days from today to supply a photocopy of the registration and insurance cards and a copy of the inspection sticker on the three vehicles. 2. By June 30, 2007 the communications trailer and the miscellaneous items must be removed. 3. By September 1, 2007 the mobile home must be removed or it must be proven to be habitable by an inspection by the Township’s inspector. The inspector must provide us proof that it is habitable and inhabited. The Browns, Carvers and their Attorney went into the office for private discussion at 0842 hours. UCC Letter to MDIA – the letter states that with the current law change exclusivity may not apply. Henderson – if the Supreme Court takes the case, is there a stay? Schroeck – no, not unless it is requested. We will wait for word back from MDIA. Henderson – they expect it to be stayed and to continue exclusivity. If another inspector inspects, MDIA is on the hook. Our inspector will have to sign off on someone else’s inspection. Schroeck – we will put them on notice. Sachar moved to authorize our Attorney to send the letter to MDIA. Henderson seconded. Carried. Henderson to Schroeck – watch for any filings on this issue. Letter from GMSD – a letter from the school district was read thanking the Township for keeping the roads open. The Carvers, Browns and Attorney Rhodes returned to the meeting at 0850 hours. Rhodes – this works for us. The vehicles are registered and insured but not inspected. The car is inspectable but it needs to be moved from behind the house. Within ten (10) days we will provide proof of registration and insurance for the three (3) vehicles. On June 30, 2007 we can supply proof of inspection. We have no problem with removing the communications trailer and the miscellaneous items. We have no problem with the September 1, 2007 deadline on the mobile home either being brought up to habitable condition or to removing it. Sachar – that is agreeable. Schroeck to Rhodes – make a preliminary draft of our agreement. Henderson moved to rescind the previous motion of filing and delay action until March 28, 2007 at which time the Township will either have a signed agreement with the Browns or the Township will file charges. Truitt seconded. Carried. Rhodes – can they have their check back for the Zoning Hearing Board filing fee? Henderson moved to return the $550 filing fee without prejudice for either the Browns/Carvers or Franklin Township. Truitt seconded. Carried. The original check was given to Attorney Rhodes. The Browns, Carvers and Attorney Rhodes left the meeting at 0859 hours. ADJOURN Sachar called the meeting adjourned at 0904 hours. Bonnie J. Bernhardt, Secretary