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BOARD OF SUPERVISORS
August 18, 2008
The meeting of the Douglass Township Board of Supervisors was called to order at
7:30 P.M.
Attending were Chairman Tim Turner, Supervisor Fred Ziegler and Supervisor
Gregory Lignelli; Solicitor Larry Sager, Pete Hiryak, Mike Heydt, Scott Groff,
Andy Duncan, Robert Campbell, Chief Templin, and 43 residents.
Mr. Turner led the Pledge of Allegiance to the flag.
On motion by Mr. Turner, seconded by Mr. Lignelli, the Board approved the
minutes of the July 21, 2008 Board of Supervisor’s meeting. Ziegler-Aye,
Turner-Aye, Lignelli-Aye. Motion passed.
No one was present to give the Gilbertsville Community Ambulance Report.
Chief Templin presented the Police Report.
Chief Templin reviewed the statistics for the month of July as follows:
Incidents Reported (483), Total for 2008 (2903), Accidents (9), Non-Reportable
Accidents (13), Criminal Investigations (28), Criminal Arrests (10), Traffic
Citations (131), Non-Traffic Citations (8), Parking Tickets (5), Monies Received
($11,331.66).
A motion was made to accept the Police Report by Mr. Turner, seconded by Mr.
Lignelli. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
Mr. Robert Campbell presented the Engineer’s Report.
1. Hartford Retail – Giant: Giant attended Planning Agency meeting on August 14,
2008 to present zoning overlay plan. Overlay Plan was given favorable support by
the Planning Agency, but no formal recommendation was made due to Montgomery
County not submitting its review letter. Hartford Retail is expected at
tonight’s meeting to provide an overview. Mr. Sager asked Ed Reitz if the
Planning Agency dealt with the issue of the auxiliary use of the onsite gas
station and Mr. Reitz responded that the Planning Agency understands that this
use is a major part of the Giant. Mr. Sager stated that it appears to him that
at this point the Board should formally have the matter put into ordinance form
pursuant to Montgomery County’s review and then direct the Manager to contact
the Regional Planning Commission for its procedure with respect to action so
that this can move along. The above motion was made by Mr. Turner, seconded by
Mr. Lignelli. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
2. Weis Markets (First Capital Engineering) – Latest review letter provided by
McMahon dated July 25, 2008. Mr. Campbell commented that he has received the
numbers necessary to establish the financial security for the site work, but
nothing as far as numbers on the intersection improvements. Mr. Sager stated
that the Board has previously indicated that it would cooperate with the
application for the permit to install and operate traffic signals and Mr. Sager
stated that he understands that our consultant has approved this. Mr. Campbell
stated that this is correct. Mr. Sager stated that the application is in the
name of the Township, with the Developer baring the costs. Mr. Sager recommended
that the Board take action at this point to approve the application and to
authorize the Chairman to sign. Mr. Lignelli made the above motion, seconded by
Mr. Turner. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
3. Sealstrip Corporation – Planning Agency recommended waivers, deferred
sidewalks and did not act on a waiver request for roof leader size decrease. Mr.
Campbell stated that the Township did receive revised plans and the comments are
generally administrative in nature. Sealstrip is questioning the traffic impact
fees. Mr. Sager referenced the McMahon review letter dated August 14, 2008. Mr.
Sager recommended that the Board table this matter and ask the consultants for
further review in light of the response. Mr. Sager verified the extension
deadline as 10/15/2008 and Ms. Gilroy confirmed this date. Ms. Heather Chandler,
from Sealstrip stated that they have a deadline of September 15, 2008 or they
may lose the property. All matters need to be resolved by the Township before
this time stated Ms. Chandler. Ms. Chandler stated that the only outstanding
issues are the Traffic Impact Fee and the review of the drawings. Mr. Campbell
stated that the drawings have been reviewed and the only other outstanding
issues other than the Traffic Impact Fee are administrative items such as
certifications from BMMA for sanitary sewer certifications for water usage. Ms.
Chandler commented that they have this and Mr. Campbell stated that he needs a
copy of that letter. Ms. Chandler asked if it was possible to have the Traffic
Impact Fee worked out by the next meeting and Mr. Sager commented that he
believed so. Mr. Sager stated that in order to move this project along, he
needed a full set of plans so that he can draft the appropriate resolution. Mr.
Lignelli clarified that the action discussed above was to have McMahon weigh in
on having the Traffic Impact Fees reduced and Mr. Sager confirmed this.
4. Windemere Subdivision –Plans accepted on June 12, 2008 Planning Agency
meeting. Additional waiver for reduced cover on storm pipe at road was
recommended. Plan sheet C 9.1 was revised relative to stormwater facilities
prior to the Planning Agency meeting. Associated plans and stormwater reporting
need to be updated to reflect the changes. These have not been received.
5. Hollenbach – Warehouse Expansion – (166 Holly Road) – Conditionally approved
at the May 5, 2008 Board of Supervisors meeting. Final plans and financial
security request have not been received.
6. AAA Development – Dunkin Donuts – Plans have been satisfactorily submitted,
with the exception of a final signed, sealed set being delivered.
7. Cobblestone Crossing III– Contractor is not working this week. Requested a
Release of Escrow for work completed to date. The revised Escrow amount is
$132,480.95 per Mr. Campbell. Mr. Sager stated that he had asked the Engineer
while he was doing his review to ensure that there was adequate financial
security. Mr. Sager commented that it would be his recommendation that as long
as there was financial security in place and adequate financial security to
complete the bridge and everything else that was needed with respect to
improvements that there was no reason to release subject to all outstanding
bills being paid. Mr. Sager stated that he believes that the outstanding bills
to date total around $9,000 at this point. Mr. Sager stated that the financial
security is dated September 13, 2004. The concern was whether we had sufficient
financial security for 2008. The agreement calls for a review. Mr. Campbell has
gone through the financial securities and has indicated that the numbers are
within the parameters that are needed. Mr. Sager stated that there appears to
sufficient financial security with one proviso. The financial security was with
Fleet National Bank stated Mr. Sager. Mr. Sager stated that it is his
understanding that Fleet National Bank was taken over by Bank of America. Mr.
Sager asked Mr. Conti if this is correct and Mr. Conti stated that he did not
know. Mr. Sager commented that this information just came to light this
afternoon at 3:30pm. Mr. Sager requested some documentation from Bank of America
confirming the financial security and indicating that the Bank of America is
fully recognizing their obligation under the September 13, 2004 financial
security and letter of credit. Mr. Sager stated that it appears that everything
is order. It is both the Solicitor and Engineer’s recommendations to approve the
release subject to the payment of outstanding fees and costs that are due and
subject to verification in writing that the financial security is intact and
will continue for the following year. Mr. Joe McGrory was present to represent
Mr. Conti, the Developer. Mr. McGrory stated that there are two separate matters
being discussed. 1) The release of the Escrow and 2) What is left in the Escrow
for the remaining approvals. Mr. McGrory commented that a review of the escrow
is required to ensure that the remaining escrow will cover all improvements that
have not been made to date as Mr. Sager indicated. This is a totally separate
issue. What is before the Board tonight is with respect to the work that has
been completed that the Township refuses to release money. Mr. McGrory
reiterated that this work has been completed and people need to be paid. Mr.
McGrory disagreed with Mr. Sager on having to provide documentation from Bank of
America. Mr. McGrory stated that he doesn’t feel it is fair to hold up this
release for this reason. Mr. McGrory encouraged the Board not to condition this
release in any way other than for the outstanding fees of $9,000. Mr. McGrory
reiterated the matters that Mr. Sager is brining up are two totally separate
conditions. These two are not inter-related. If at some point in time the Escrow
is not sufficient to finish the improvements, then we will be required to post
additional escrow money, but you are still not permitted by law to withhold
releases. Mr. Sager commented that disagrees with Mr. McGrory’s stand on this
matter. Numerous outbursts were made and Chairman Turner took control of the
meeting at this time. Mr. Sager stated that the financial security agreement
clearly calls for all improvements to be completed within 2 years. The Agreement
further calls for the fact that if the improvements have not been completed
within that 2 years, for an automatic 10% increase per each year thereafter.
This would be an approximate 30% increase stated Mr. Sager. No one has asked for
this increase because the issue was whether or not there is sufficient financial
security to cover the remaining improvements. Contrary to what has been
asserted, the information was not forthcoming from the prior Engineer as fast as
possible and had nothing to do with the Solicitor. The Solicitor wants to
protect the public stated Mr. Sager. The law clearly indicates that the
improvements to be done in accordance with the plan and there can be liabilities
and responsibilities on the part of the municipality if the financial security
is not in place and if the improvements are not completed. Mr. Sager reiterated
that he differs with the position that Mr. McGrory is taking with respect to the
agreement, with what Mr. McGrory is stating, and the facts. Mr. Sager commented
that Mr. McGrory was asked prior to tonight’s meeting to communicate by
telephone to try and resolve these matters so that there would not be ranker at
a public meeting and Mr. McGrory chose not to do this so that he could present
the ranker tonight under the circumstances. Mr. Sager commented that this is
rather unfortunate, but regardless of that, the issue is that at this particular
point, we have a Fleet Bank letter of credit and understand that Fleet Bank is
no longer in existence. Mr. Sager stated that it would be remiss of him not to
publicly report this and remiss of him not to clearly establish that the
successor in this interest fully understand its responsibility and obligations
with respect to the financial security despite what Mr. McGrory has said
otherwise. Mr. McGrory stated that he chose to respond in writing and all he got
back was a few handwritten words. Mr. McGrory asked Mr. Sager to show him in the
agreement where it states that the Township can withhold the releases of escrow
based on analysis on what escrows were made. Show me anything in the agreement;
I challenge you to do that stated Mr. McGrory. Mr. Sager stated that he can take
care of proving this matter between meetings. Mr. McGrory strongly stated that
his client and his client’s workers will be out of work for another month while
waiting on the Board to act. Mr. McGrory stated that this project has been
delayed for years. Chairman Turner commented that it isn’t anyone’s intention to
purposely delay this project. Chairman Turner stated that the Board agrees with
the $132,480.95 and all it is asking for is a letter from the Bank of America.
Mr. Nick Conti and Chairman Turner had a rather heated discussion at this time.
Chairman Turner reiterated that once the requested letter is received and the
outstanding fees of $9,000 are paid the escrow in question will then be
released. All three Board members agreed with this statement. It was stated by
Chairman Turner, that once the Board has the requested letter and the fees have
been paid in full, the escrow stated above will be released and the Board will
not make the applicant wait until the next meeting and that this will be done
simultaneously. Mr. Ziegler wanted to clarify that the work has been done and
the response was yes. Letter of credit in the amount of $3.5 million and the
bank has indicated that there is $2.8 million on that letter of credit to date
stated Mr. Campbell. Mr. McGrory and Mr. Sager continued to disagree with
respect to the release of escrow. Chairman Turner stated that the argument that
is continuing is with respect to something that can be handled within 30 minutes
over the phone from Mr. McGrory’s office to the Bank of America. A motion was
made to release the Escrow in the amount of $132,480.95 with respect to this
project pending the Township receiving a letter from Bank of American verifying
its obligations and responsibilities and payment of all outstanding fees of
approximately $9,000.00 by Mr. Turner, seconded by Mr. Lignelli. Ziegler-Aye,
Turner-Aye, Lignelli-Aye. Motion passed. Mr. McGrory thanked the Board for their
patience tonight and apologized for the conduct of his client.
8. Cobblestone Crossing II – Site inspection performed on June 2, 2008. A
punchlist was provided identifying outstanding work items. Requested a Release
of Escrow; this is currently being handled by the Township. Escrow amount is
$111,230.55. Mr. McGrory stated that this release is the same scenario has the
one previous. A motion was made to release the Escrow in the amount of
$111,230.55 with respect to this project pending the Township receiving a letter
from Bank of American verifying its obligations and responsibilities and payment
of all outstanding fees of approximately $9,000.00 by Mr. Turner, seconded by
Mr. Ziegler. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed. Mr. Sager
asked if Mr. Campbell has certified that the work has been done and Mr. Campbell
responded that Doug Brown had taken care of this part of this project. Mr.
McGrory again thanked the Board for their patience and commented that it is a
tuff economy for builders these days.
9. Smith Road Bridge – Updating cost estimate for financially security. Del Val
Soils is working with PaDEP to get final permit approval. Mr. Campbell stated
that Del Val Soils is only 1 or 2 comments away from getting this done. Mr.
Turner asked which office of DEP are they working with and Mr. Sager commented
Norristown.
10. Berks-Mont Camping Center – Construction of stormwater work along the
roadway has been satisfactorily completed. Expect on-site work to begin by the
end of August 2008.
11. BUI/Jordan Drive Minor Subdivision – A motion was made to accept the
application and send it to the Planning Agency and the Montgomery County
Planning Commission by Mr. Turner, seconded by Mr. Lignelli. Ziegler-Aye,
Turner-Aye, Lignelli-Aye. Motion passed.
A motion was made to accept the Engineer’s Report by Mr. Turner, seconded by Mr.
Lignelli. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
Mr. Turner introduced Mr. Charles Haddad. Mr. Haddad commented that he is
awaiting the appointment as the new Trustee for both Fire Company #1 and Fire &
Rescue. Mr. Haddad stated that even though he hasn’t been appointed to date, he
is happy to report that he has been able to work with both parties and they have
both been very cooperative. Based on that cooperation, we have now been able to
get together all of the financial statements for the year ending 2007 as well as
the 6-month period up to June 30, 2008. Based upon those figures, Ms. O’Donnell
has been able to work with Mr. Haddad and we will be able to start work on the
2009 Budget. Mr. Haddad stated that he has been able to attend meetings with
Fire Company #1, Fire & Rescue and also the Bingo ladies. Mr. Haddad stated that
it is his understanding that Attorney Heinz, Attorney Markofski and Attorney
Sager have reached an agreement on a stipulation and order of the court to
appoint Mr. Haddad as the new Trustee. The appointment will be a matter of Mr.
Haddad only replacing Mr. Hildebrand and will not enhance any position for
either Fire Company #1 or Fire & Rescue stated Mr. Haddad. Mr. Haddad stated
that once he receives that official appointment, he will be able to start
accumulating getting together some of the financial packs from the institutions
such as Vanguard, National Penn Bank and Harleysville Bank. Not having been
appointed as Trustee, I haven’t been privy to those numbers or figures stated
Mr. Haddad. Mr. Haddad stated that he is looking forward to working with Fire
Company #1, Fire & Rescue and the Bingo ladies and he believes that with some
input from his part that they will all reach a point of major cooperation. Mr.
Haddad stated that one of his major concerns is with respect to the line of
credit with Harleysville Bank for $50,000. The line of credit as been drawn down
to $44,000, meaning that only $6,000 remains from that line of credit commented
Mr. Haddad. Normally, a line of credit is obtained for emergency uses, but in
this case the line of credit was used for building repairs. Only the Trustee was
aware of the use of this money. Mr. Haddad stated that he is working with both
Fire Company #1 and Fire & Rescue and he is hopeful that they can start paying
down that line of credit so that they have more to work with going future in
2009. Mr. Ziegler commented on the $44,000 that was withdrawn from the line of
credit. Mr. Ziegler asked if it was proper. Mr. Haddad stated that he isn’t in a
position to say if it was proper of not, but the use of that money was for
building repairs for lights, air conditioners, coolers and there were some
payments to Attorney Hildebrand as well. Mr. Haddad stated that Attorney
Hildebrand had complete control of that account and no one else but he could
determine how to spend it and drawn down against it. Mr. Ziegler asked if it was
proper how Attorney Hildebrand handled this matter. Mr. Haddad stated that he
can’t say if it was proper or improper, but the important thing to know if what
the line of credit is currently and the fact that we are having cooperation from
both sides in getting the line of credit paid down. Mr. Haddad stated that he
will look into the matter further and report back to the Board, but at this
point he can’t comment on what was done properly or improperly. Mr. Sager
clarified that Ricky Smith and Al Rettew are present to represent Fire & Rescue
and the response was yes. Mr. Sager commented that Fire & Rescue’s counsel, Mr.
Bernie Heinz has signed the stipulation that appoints Mr. Haddad as the
successor Trustee and the Court obtains jurisdiction over the matter. Mr. Sager
stated that he understands that Fire & Rescue is on board with respect to that
stipulation. Mr. Sager stated again that he has Bernie Heinz’s signature and
needs to have Mr. Haddad sign as well as Mr. Markofski. Mr. Haddad proceeded to
sign the stipulation as well. Mr. Sager personally thanked Mr. Haddad for all of
his actions and activities on getting this matter this far. The communication
has been wonderful stated Mr. Sager. Mr. Sager stated that he also appreciates
the communication from Fire Company #1 through Mr. Markofski and the cooperation
from Fire & Rescue. Mr. Sager asked Mr. Markofski to sign the stipulation on
behalf of Fire Company #1. Mr. Markofski asked for the record if this was Mr.
Heinz’s stipulation. Mr. Sager commented that this was his own original
stipulation. Mr. Sager commented that the original stipulation was a
“bare-bones” version drafted by him basically appointing Mr. Haddad as the
Trustee. We then got into the issue with respect to the Township reserving the
right and having the right to appoint a successor if need be. This became an
argument and delayed the progress for a few months commented Mr. Sager. Mr.
Sager stated that everyone has agreed that Mr. Haddad should be appointed and we
hope that he will serve to such a point where everything is resolved and there
won’t even be the necessity of a Trustee. Mr. Markofski had preferred that it be
outlined that the Township has the power but Fire & Rescue would not agree to
such language. Mr. Markofski and Fire Company #1 in order to move things along
have reluctantly agreed to sign the stipulation as is in the spirit of
cooperation. Mr. Markofski stated that he wants to go on record and make sure
that the Board understands exactly how things developed. There was a proposal
that the Board considered regarding the stipulation and it was approved by the
Board, but the other side refused to sign it. Time went by, and Mr. Haddad was
concerned that he was spinning his wheels and ultimately he wasn’t able to be
affective until this matter was resolved. Mr. Markofski stated that he agreed
and felt that a compromise was in order and spoke with Mr. Sager. Mr. Sager
presented what he felt was a compromise on some level and this draft stipulation
was rejected as well by Fire & Rescue. Basically, the only version Fire & Rescue
would agree to sign was their original proposal which was just a substitution of
Trustee with no other language. Mr. Markofski wanted to make sure that the Board
was aware that Fire Company #1 has again compromised on this matter in order to
move things forward. Fire & Rescue has made very little effort in that regard
towards Fire Company #1 as seems to be the case frequently commented Mr.
Markofski. Mr. Markofski proceeded to sign the stipulation. Mr. Sager stated
that the Board had approved the stipulation with the proviso that Mr. Markofski
had indicated before and this stipulation does not have that proviso with
respect to the Board taking the rights under the circumstances, but that does
not mean the Board doesn’t have those rights in the long run under the
circumstances, but it is a different stipulation and a motion is needed to
approve the execution of this stipulation so that we can present it to the
Court. The above motion was made by Mr. Ziegler, seconded by Mr. Turner.
Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
Mr. Terry Sacks was present to report on Gilbertsville Fire Company #1.
Mr. Sacks commented that the events for the next month are as follows: 2
Birthday Parties, 1 Train Show, 6 Weddings and 1 Yard Sale.
A motion was made to accept the Gilbertsville Fire Company #1’s Report by Mr.
Turner, seconded by Mr. Lignelli. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion
passed.
Mr. Ricky Smith was present to give the Fire & Rescue Report.
1) Ricky reviewed the statistics for July as follows: Fires (1), Brush/Trash
Fires (1), Fire Alarms/CO2 Alarms (5), Vehicle Accidents (1), Hazardous
Materials (1), Medivac Landings (2), EMS Assists (2), Fire Police (5), Special
Services (1) and Investigations (1). Total calls (20). The Fire Company was in
service for 28 hours and 54 minutes. Ricky stated that Fire & Rescue assisted
Douglass Township with their safety check point. Ricky commented that on July
26, the Fire Police were assisted by Montgomery County Stations 65, 57 and Berks
County Stations 15, 16, and 17 at a motor vehicle accident with a pole down.
This incident required the roadway to be closed for 12 hours.
2) Ricky commented that this Spring, Fire & Rescue awarded its Fire Police with
˝ of the fire grant that was received from the State. Ricky stated that Fire &
Rescue received $12,000 worth of Fire Police equipment.
3) Ricky stated that on August 5th and August 7th, he was active in
investigating 2 fires in the area. 1 fire occurred in the Borough of Boyertown
and the second fire was in Douglass Township. Ricky stated that one had a good
ending and the other didn’t. Ricky pointed out the similarities between the
fires such as working smoke detectors and fire alarms. Ricky stated that the
difference was that one had a dialer that went to an alarm service and the other
didn’t. Ricky commented that he feels that the Township needs an ordinance that
mandates that any multi-family structures/dwelling must have an automatic
dialing system in place. Mr. Sager suggested that Mike should look into what the
Code requires. Mike stated that the Code doesn’t require an automatic fire
alarm, but does require that it be interconnected with respect to apartments but
it does not dial out. Mr. Sager commented that this can be mandated by an
ordinance and can be made to be retroactive. A motion was made to have the
Solicitor work with Ricky in order to prepare an automatic dialing system
ordinance by Mr. Ziegler, seconded by Mr. Lignelli. Ziegler-Aye, Turner-Aye,
Lignelli-Aye. Motion passed.
4) Ricky commented that he thinks he should also get together with Chief Templin
and identify detour routes for Route 73 and Route 100 with respect to Douglass
Township.
A motion was made by Mr. Turner, seconded by Mr. Lignelli to accept Fire and
Rescue’s Report. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
Mr. Sager presented the Solicitor’s Report.
1. S-2 Route 100 Corridor Study – Master Plan – Mr. Sager commented that we are
at the point where we are ready to schedule another meeting and Pete confirmed
this statement.
2. S-3 Superior Water – (Rate Increase) – Mr. Sager commented that there is a
meeting scheduled tomorrow, Tuesday August 19th with respect to trying to get a
resolution with respect to Rhoads Avenue. The meeting is scheduled for 8:00am at
the Borough Hall in Boyertown. Mr. Sager went over some of the history with
respect to this matter. Ms. Kristin Davis commented that she wants to make sure
that the residents on Rhoads Avenue are properly represented at the meeting
tomorrow. Ms. Davis reiterated her concerns and the fact that she and her
neighbors are not happy with the on-going water contamination situation. In
short, Ms. Davis commented that she and her neighbors are not happy with the
idea of having Superior Water being the public water provider for Rhoads Avenue
and they would much rather get their water from Boyertown Water. Mr. Sager
commented again on the history of this issue and reiterated that Boyertown Water
had been approached years ago with respect to this matter and Boyertown Water
turned down the request to supply water to Douglass Township. Mr. Sager
proceeded to explain to Ms. Davis and the public how a franchise works and the
steps that Douglass Township has taken to make progress on this matter. Mr.
Sager commented that he has attempted to make the PUC fully understand that by
working with Superior Water has created significant problems with the community,
not only with respect to this matter but also other matters. Ms. Davis
interrupted Mr. Sager and asked why it is that the Township is trying to then
get Superior to supply the water when the Township is already unhappy with its
services. Mr. Sager stated again that under the law, Superior is the franchisee
and they have the jurisdiction with respect to the developments in the area
under the circumstances and they are to be monitored by the PUC. Mr. Sager
stated that this is why he had requested Ms. Davis to be a witness and give her
testimony as to what she has been going through with respect to this matter. Ms.
Davis declined this request stated Mr. Sager. Ms. Davis commented again that she
doesn’t feel it is fair for the residents to have to settle for Superior Water.
Ms. Davis continued to vent her frustrations with respect to this matter. Ms.
Davis reiterated her discontent with Superior Water and its inadequate services.
Mr. Sager tried to explain that there is a mandate that stated that the PUC must
ensure that the residents are being supplied clean drinkable water….Ms. Davis
interrupted and commented on the Mr. Sager’s stand. Mr. Sager stated again that
what he is trying to explain is that the he is communicating to the PUC that
Superior has not done what it is required to under the law and that the PUC
should take that into consideration when dealing with the 30% rate increase. Ms.
Davis commented that it has come to her attention that the Boyertown Water
Authority, because it is an Authority, does have permission to provide water to
residents in a franchisee area, but no one has been able to confirm this with
the exception of the Boyertown Water Authority. Ms. Davis commented that if the
only issue stopping Boyertown Water from taken on this project is a hookup fee,
then she and her neighbors are prepared to pay the $2,000 hook up fee. Mr. Theil
commented that he attended the PUC meeting last week and every community within
Superior’s jurisdiction had residents attending and complaining about Superior’s
water. Mr. Ziegler asked the Board which member was attending this meeting
tomorrow and Mr. Turner stated that he will be attending to represent the Board
of Supervisors and Douglass Township. Ms. Davis asked if the residents were
permitted to show up to this meeting tomorrow and the answer was no, it was not
set up as a public meeting. Mr. Robert Dotterer, 1001 Rhoads Avenue, stated that
he spoke with the Boyertown Borough Manager and was told that Boyertown Water
had never communicated that they wouldn’t provide water to Douglass Township.
Mr. Dotterer commented that the Borough contracted with the South-central DEP to
put in their water supply and they had no problems. Mr. Dotterer stated that in
2006, the residents signed a letter of intent to have water that Boyertown will
supply to us. Mr. Sager stated that the DEP went to the Boyertown Authority and
they couldn’t get to first base with the Boyertown Authority. Mr. Dotterer asked
how they managed it with the South central DEP then. Mr. Sager stated that he
can’t speak for the DEP. The DEP had then contacted the Township and the DEP
then asked the Township to take care of the problem. The Manger and Mr. Sager
went back to the DEP about 2 years ago and there was a conference call with the
Solicitor for the Authority and the numbers that Mr. Sager are nowhere close to
the numbers that Ms. Davis was presenting tonight with respect to the amounts
that the Authority wanted. Ms. Davis stated that those numbers came from the
Boyertown Water Authority. Mr. Sager stated that he was in attendance and he
heard a very different number from the Solicitor representing the Boyertown
Water Authority. Nevertheless, as a result of this, the DEP said that they are
not going to go with Boyertown Authority at that particular point and that is
when Superior Water became involved in order to get a public water supply. The
answer to Mr. Dotterer’s question is that DEP went to the Boyertown Water
Authority. Mr. Sager commented that the DEP had then called the Solicitor and
Manager to Norristown. The DEP wanted to give the Township $100,000 and let them
take care of the problem. The Township responded that the water contamination
problem will not be resolved by the Township for $100,000 under the
circumstances. The Township demanded that DEP step up to the plate and take care
of this problem. DEP would not take this action and this is why the Township
filed the protest to get where we are stated Mr. Sager. With due respect, Ms.
Davis, I’m just trying to help stated Mr. Sager. You may make me the target, but
if it wasn’t for the Township at this particular point, we wouldn’t even have
this dialogue or even talking or trying to resolve it with Boyertown at the
meeting tomorrow. It was because of the actions of the Board of Supervisors that
this meeting is taking place stated Mr. Sager. Ms. Davis stated that it is
because of her that this meeting is taking place. Ms. Davis stated that the
problem she has is that she feels the Solicitor is misrepresenting the Boyertown
Water Authority. Mr. Sager again tried to go over some of the history of the
issue but Ms. Davis interrupted again with her frustrations. Ms. Davis stated
that she was told that Boyertown Water Authority had presented Douglass Township
with the same package as was given to Colebrookdale when they were going through
their water issues. Ms. Davis spoke about connection fees that DEP was unaware
that they were paying and commented how those connection fees were swept under
the carpet. Ms. Davis stated that when she talked with DEP, she was told that
they don’t pay connection fees, but Ms. Davis told DEP that they did it for
Colebrookdale, so they can do it for her too. Ms. Davis stated that she needs
the Township’s support to be able to say to DEP that we gave Superior the
opportunity and they dropped the ball, so now we want to go with the Boyertown
Water Supply. Mr. Ziegler asked that when Ms. Davis contacted the Boyertown
Water Authority who did she talk with and the response was Pat Spaid. Ms. Davis
stated that she was told that Colebrookdale received a $250,000 grant for their
water and didn’t even use all of that money, but they didn’t have to use the
grant money for the connections or to close wells or stuff like that. The DEP
paid that portion separately stated Ms. Davis. Ms. Davis stated that she spoke
to someone with DEP and was told that money is not an issue, the funds are
there. Ms. Davis had commented early in this discussion that she had sent emails
to Senator Rafferty’s office, Representative Mensch’s office and the Governor’s
office on this issue. Mr. Lignelli asked what the response was from those
emails. Ms. Davis commented that Senator Rafferty’s response was that DEP must
make a decision and what was presented at the meeting was either the carbon
filter, Boyertown Water or Superior to run the lines and let Boyertown supply to
water until Superior is ready and the hook up with Superior. This concoction is
bazaar sated Ms. Davis. Ms. Davis confirmed that Mr. Turner will be present at
tomorrow’s meeting and Mr. Turner responded. Mr. Sager suggested inviting Ms.
Davis in order to keep everything transparent and to eliminate all this back and
forth of comments. The Board invited Ms. Davis. It was asked what is going to
happen to the residents on East Philadelphia who already have that water main
under their houses. Are they going to hook up to the Boyertown system or will
Superior tag team the line side by side with Boyertown. Mr. Turner stated that
the logical resolution would be for Superior to run a T. Mr. Lignelli clarified
that the line being referred to is a Boyertown Water line and the response was
yes. Mr. Lignelli stated that it will depend on where the PUC issues the
franchisee.
3 S-9 Renninger Subdivision – New Hanover Township – See Mike’s Report.
4 S-10 Danny Jake – Mr. Sager stated that he has been in touch with Mr. Mullin
and is waiting on a call back from him.
5 S-12 Donnelly Tract – Open Space – Mr. Sager stated that he received today,
the cut- out of the 5 acres and will give what he received to the Manager. Pete
stated that he has contacted Montgomery County. Mr. Sager requested that a few
more copies of the cut-out be made.
6 S-12 Referendum Open Space – Pursuant to the directive of the Board at its
meeting on July 24, 2008, we have reviewed the requirements for a referendum
establishing a local tax for open space acquisition. Pursuant to the Act, an
ordinance would have to be adopted and be in place for at least 13 weeks prior
to the election. Obviously, under the circumstances such an ordinance could not
be in effect prior to the general election scheduled for this November. The
Board should hold a public meeting as to what the implications of having the
referendum would mean. Mr. Sager stated that it is prudent for the Township that
we hold off until we get some feedback on the Donnelly Tract because he doesn’t
want Montgomery County to communicate that the Township doesn’t need the money
at this particular point. Mr. Lignelli suggested that any referendum be added as
part of the general election ballot not the primary because allot of residents
are registered to vote in the primary election.
7 S-13 Dienno Tract (Kane Core, Inc.) – Hallowell Road – Mr. Sager stated that
he received a judgment against Kane Core. Mr. Sager stated that he isn’t sure if
it is cost effective to proceed at this time. This is a decision for the Board
to make, but it doesn’t need to be made today.
8 S-15 Backenstose (Ritter Est.) v. Douglass Township – Nothing to report at
this point in time.
9 S-18 Cobblestone Crossing – Smith Road Bridge –See Engineer’s Report.
10 S-33 Redding v. Douglass Twp. – We are advised that this case is on the trial
list. The Township’s insurance carrier is handling the matter.
11 S-52 Summerhill Open Space – Mr. Sager commented that we received a proposed
agreement from the attorney who is representing Summerhill. We have made some
additions/corrections to the agreement. The agreement has basically been
approved by the developer’s representative. We recommend that the Township
authorize the execution of the agreement. The agreement calls for the Township
to ask the Gambone Organization to sign the agreement to say that everything
will be completed by September 30th and if not the Township can proceed. Mr.
Sager commented that he had called the attorney for Summerhill and asked if he
is sure that Gambone will sign the agreement and he indicated that they probably
would not, but he would ask that the Township propose the agreement anyway. A
motion was made to authorize the execution of the agreement by Mr. Lignelli,
seconded by Mr. Turner. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
Ms. Pratt commented that the Homeowner’s attorney would be here tonight and
requested that Cindy ask if there is any way that a list can be complied of the
work that has been completed. Mr. Sager commented that Mike/Pete will take care
of getting this list.
12 S-55 Water Contamination – VOC and TCE problem – See S-3 (Superior Water)
13 S-72 Gilbertsville Fire Co. No. 1 – Discussed at the beginning of the
meeting.
14 S-75 Boyertown Sanitary Disposal Landfill – The Manager and Treasurer are
working on this matter.
15 S-77 Shellenberger – Berks Mont Camping Center – See Engineer’s Report.
16 S-78 Cobblestone Commons – See Engineer’s Report.
17 S-85 Robert L. Logan, Jr. – Robert L. Logan, Jr. has filed two actions before
District Justice Maurice H. Saylor claiming that he is entitled to
compensations. One action is or purported vacation time in year 2005 in the
amount of $5,262 and the other action is for purported personal days and
holidays in the year 2005 in the amount of $5,472.50. Mr. Logan is represented
by Mr. Dunbar in these actions. We have advised District Justice Saylor that the
Township intends to defend and have requested that the default hearing date of
September 3, 2008 be cancelled and a hearing date be established. Mr. Sager
stated that District Justice Saylor has recused himself with respect to this
matter. A motion was made to approve and ratify the actions of the Solicitor to
protect the Township with respect to this matter by Mr. Turner, seconded by Mr.
Lignelli. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed. Mr. Ziegler
asked if Mr. Sager if he received a copy of the complaint and Mr. Sager
responded yes. Ms. O’Donnell commented that the Office has allot of
documentation on this matter with respect to hours worked and what was paid. Mr.
Sager stated that it is his understanding that the agreement that was reached
with respect to Mr. Logan had resolved all claims against the Township.
18 S-112 Dunkin Donuts –See Engineer’s Report.
17 S-114 Little Faces Child Care/S-ORD-26 Swamp Pike Overlay – Nothing further
to report.
18 S-120 Weis Market – Town Plaza Shopping Center –See Engineer’s Report.
19 S-123 – Bart Golf Subdivision (New Hanover) – See Mike’s report.
20 S-124 – Wynstone Subdivision (New Hanover) – See Mike’s report.
21 S-133 Hunsicker Farm – A hearing is now scheduled for Wednesday, December 3,
2008 at 10:00am before the Environmental Hearing Board located at 2 East Main
Street, Norristown, Pa.
22 S-135 Avante Apartments – Nothing further to report.
23 S-136 Bonanza – Hartford Retail – Giant – Stetler – See Engineer’s Report.
24 S-140 Hollenbach Construction – 166 Holly Road, 21,120 sq. ft. addition to
existing warehouse – See Engineer’s Report.
25 S-144 Libor Property – Open Space-475 Congo Rd., Gilbertsville – Mr. Sager
stated that the Manager has confirmed that he has spoken to the Open Space
Board. Pete stated that they are waiting for the Township’s response in writing.
Pete stated that the Township had met earlier today prior to this meeting. Mr.
Sager stated that it is his understanding that at this point, the Township is
planning to use the structure as a center of activity for the community.
26 S-148 Mann Tract Subdivision (New Hanover Township) – See Mike’s Report.
27 S-150 Windemere – 131 Niantic Road – See Engineer’s Report.
28 S-152 Sealstrip Corporation – 103 Industrial Drive – See Engineer’s Report.
Mr. Sager commented on a personal note, that he was very sorry for all the
contention. There are difficult issues and problems being worked out. Mr. Sager
commented that it is our endeavor to protect the community and we appreciate,
even with the contention, the input from everyone because, regardless of what
people are thinking, the Board is listening. Thank you.
Mr. Pritchard asked the Board if anyone has any idea how much money the Township
is spending on legal fees with respect to the Fire Company since this whole
ordeal has begun. Ms. O’Donnell commented that she doesn’t have that information
with her tonight. Mr. Turner stated that the answer is no.
A motion was made to accept the Solicitor’s Report by Mr. Turner, seconded by
Mr. Lignelli. Turner-Aye, Lignelli-Aye. Motion passed.
Andy Duncan presented the Recycling Report.
1. Approx. $600 in scrap metals (1 load of light iron, 1 load of Aluminum)
2. Approx. $360 in Corrugated cardboard sales (1 load)
3. Tub grinding was completed last Wednesday. Mulch bin is now full and mulch is
now available.
4. Douglass Township received a check for $36,243.51 on July 22, 2008 for the
reimbursement of our 2006 902 grant. This was the reimbursement for our
recycling bins, chipper, attorney fees for ordinance changes, and a case
trachoe.
5. Andy placed an order for a hook lift container. He did some research to find
the best price and the best product. Andy located a container and a company that
matches both of these categories. The container was purchased through Thompson
Fabricating of Wheatland, Pa at a cost of $3,725 and will arrive in 3-4 weeks.
This was under budget stated Andy.
6. Douglass Township’s green trash bag contract will be expiring in November
with the last delivery being November 3, 2008. Andy asked if the Board would
like him to check into extending for 1 year with the current contract and
getting bids. Mr. Sager stated that if an extension clause was put into the
previous contract, then that would be a possibility, but if not since the amount
will be more than $10,000 it will have to be put out for bid. Andy commented
that the contract has an extension clause. Mr. Sager commented that if you are
able to extend at the current price, then that would be the way to go unless
with do diligence you can find comparable rates. The Board suggested that Andy
call around and get some prices.
7. Andy stated that he has been receiving numerous complaints with respect to
people taking aluminum cans out of the residents’ recycling containers. Andy
commented that residents are concerned about identity theft and the resale of
recyclable materials. This action also lowers the Township’s tonnage which in
turn will lower the amount of grant money for the Township. Andy asked what can
be done about this. Mr. Lignelli stated that this kind of thing is happening all
over now with the economy the way it is. Andy suggested maybe drafting an
ordinance to stop this theft. Andy commented that the police had caught one
individual and they couldn’t do anything about it because there is nothing in
the Township stating this. Mr. Sager stated that this would just be another
matter for the police to enforce and Chief Templin can tell you if it is cost
effective or not. Chief Templin stated that scrap metal is a hot item right now.
Chief Templin commented that once the bins are placed curbside, he believes they
are considered public property, but he will do some research and get back to the
Board on this matter.
8. Andy mentioned the landfill contract with J.P. Mascaro will expire in April
of 2009. Mr. Sager commented that there may be some benefit to looking into this
now vs. waiting until April. Mr. Sager commented that he will talk to the
Manager about this matter.
9. Andy stated that he will need to advertise for two part-time positions for
the leaf season and just wanted to give the Board a “heads-up” on this matter.
Mr. Lignelli asked Andy if he had thought about using a “temp service” with
respect to the extra help. Andy commented that he will certainly look into this
suggestion.
Mr. Sager commented that if the Township saves $1 or $2 per ton, that is allot
of money and Ms. O’Donnell confirmed this statement. Mr. Sager commented that
you would probably do better in advertising at this particular point, with
respect to waiting until the April termination with an understanding that
Mascara would agree to that. Mascara may be willing to compete and we would need
to talk to Mascara about this.
A motion was made to Recycling Report by Mr. Turner, seconded by Mr. Lignelli.
Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
Scott Groff presented the Highway Report.
1. Fixed culvert box on Onxy Lane and Sunny Ridge Road.
2. Finished second round of mowing and weedwacking roads and bridges.
3. We had two storms were we had to clean up trees.
4. We re-graded dirt roads from storm damage.
5. Cleaned out pipe on Cleaver Road.
6. Worked on installing a culvert and French drain on Schlegel and Swamp Creek
Roads.
7. Patched roads as needed.
8. Fixed and trimmed brush away from signs as needed.
9. Hung banners for Community Days.
Supervisor Lignelli asked Scott about the anticipated work in Middle Creek
Estates. Scott commented that he has one more pipe to put in on Middle Creek
Road and then will start on the basins. Supervisor Lignelli asked if the
Township Engineer was going to be involved in this project. Mr. Lignelli
commented that he doesn’t want this project to end up like the incident with the
Township Park. Mr. Lignelli stated that he applauds Scott’s effort to take care
of the problem before the overlay is put down, but feels the Engineer needs to
take a look at what is being done. Scott commented that Pete, Mike and Doug
Brown have looked into this matter and everything should be fine.
A motion was made to accept the Highway Report by Mr. Turner, seconded by Mr.
Lignelli. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
Mike Heydt presented the Zoning Report.
1. Mike reviewed the statistics for the month of July as follows: New Homes (0),
Large Permits (2), Total Cost ($104,000.00), Fee’s Collected ($593.80), Small
Permits (20), Fee’s Collected ($1,173.45), Driveway Permits (0), and Demolition
Permits (0). OP’s for the month of July (6), Inspections (45).
2. S-9 Renninger Subdivision – No movement to date.
3. S-123 Bart Golf Subdivision – No movement to date.
4. S-124 Wynstone Subdivision – No movement to date.
5. S-148 Mann Tract Subdivision – No movement to date.
Mr. Pritchard asked Mike that if he were to have issued a citation, would that
information be reflected in Mike’s report and Mike responded yes.
Mr. Lignelli asked if Stewart & Conti were done now and Mike responded that they
still had one more house yet.
A motion was made to accept the Zoning Report by Mr. Turner, seconded by Mr.
Lignelli. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
Cindy O’Donnell presented the Treasurer’s Report
1. Ms. O’Donnell reviewed the Treasurer’s Report as follows: Cindy stated that
we had a request for release of fire insurance in the amount of $26,128.00. Mr.
Sager commented that it is his understanding that the structure has been
inspected. Mike commented that the damage has been fixed on the exterior of the
building, but the inside still needs to be fixed and that can’t be done until
the fire insurance money is released. Mr. Sager wanted to ensure that the
Township is satisfied that the building will not be a nuisance and the Board
indicated yes. Mr. Lignelli commented that it actually looks better now then
before the fire. A motion was made to release the fire insurance escrow in the
amount of $26,128 by Mr. Lignelli, seconded by Mr. Ziegler. Ziegler-Aye,
Turner-Aye, Lignelli-Aye. Motion passed.
2. Ms. O’Donnell commented that a week ago, she had sent out letters requesting
proposals for the 2008 Audit to 5 different CPA firms. To date, 2 proposals have
been received back commented Ms. O’Donnell. Ms. O’Donnell commented that she
requested on the letters that responses be received prior to the 2nd meeting in
September. Ms. O’Donnell will ensure that the Board has enough time to review
all proposals before making its decision.
3. Ms. O’Donnell also asked the Board to decide who will sit on the Budget
Committee this year. Mr. Ziegler volunteered to sit on the Budget Committee.
4. Ms. O’Donnell commented that she has not paid the budgeted amount to the
Library, Multi-service and Visiting Nurses to date. Ms. O’Donnell commented that
she will need to go through the line items for the fuel and make sure that we
can make the budget amendments for those. Cindy commented that she might want to
do this before issuing the checks for the above mentioned non-profit
organizations. Mr. Lignelli commented that the worst case scenario would be that
there is shortage, and we could pull from other resources. Ms. O’Donnell
commented that we could tap into our cash reserves and just have a budgeted
deficit for 2009, but we will still have to make a budget amendment regardless.
The Board clarified that the non-profit organizations will be paid and Cindy
commented yes. Cindy stated that those checks will be in with the September
bills.
5. Ms. O’Donnell stated that the bills total $161,070.72. Ms. O’Donnell
commented that one of the bigger and unusual expenses was for the traffic signal
repair for $16,673.93 to Traffic Pump Solutions. A motion was made to authorize
paying the bills by Mr. Turner, seconded by Mr. Lignelli. Ziegler-Aye,
Turner-Aye, Lignelli-Aye. Motion passed.
Pete Hiryak presented the Manager’s Report.
1. Pete went over the schedule of upcoming meetings as follows: Boyertown Water
Co. meeting on Tuesday, August 19th @ 8:00 am at the Boyertown Borough Hall,
Board of Supervisors Meeting on Tuesday, September 2nd @ 7:30pm and Planning
Agency Meeting on Thursday, September 11th @ 7pm.
2. Resignation Letter – Cindy Pratt – Planning Agency September 12, 2008. Pete
reminded the Board about Ms. Pratt’s resignation and informed the Board that he
received a letter for Mr. Adams whom has shown interest in sitting on the
Planning Agency. Pete commented that Ms. Gilroy has already notified the
Planning Agency members on when their terms expire and Ms. Gilroy has requested
from the 5 members whose terms are up at the end of this year that they will
need to submit in writing if they would like to be considered again for another
term. The Manager asked that anyone interested in serving on the Planning Agency
to please submit in writing a letter to the Office for consideration. Mr.
Ziegler clarified with Pete that to date, this is the only resident who has
shown interest and Pete responded yes.
A motion was made to accept both the Manager’s Report and Treasurer’s Report by
Mr. Turner and seconded by Mr. Ziegler. Ziegler-Aye, Turner-Aye, Lignelli-Aye.
Motion passed.
Public Comment
Mr. Theil commented on an agreement that he has with respect to his property and
that of his neighbor. Mr. Theil stated that several months ago he had a meeting
with Supervisor Ziegler and Mike Heydt. Mr. Theil commented that he had
communicated to Pete with respect to this matter and Pete commented that he
feels this matter is a dispute between neighbors not a Township matter. Mr.
Theil voiced his frustrations with the fact that he feels his neighbor isn’t
adhering to the agreement. Mr. Theil stated that he hopes that there is some
kind of resolution to this matter by the next meeting. Mr. Theil stated that he
should not have to call the Township 3 or 4 times a year to get satisfaction
with respect to this matter. Mr. Theil commented that since 2003, he has spent
$15,000 to Mr. Sager to get this agreement and he is prepared to spend more if
this matter isn’t resolved. Mr. Theil commented on a blue tarp on his neighbor’s
shed and the fact that he feels this is bringing the whole neighborhood down.
Mr. Ziegler asked Pete if he looked at the situation being discussed and if he
read the agreement and Pete responded yes. Mr. Ziegler commented that he has
spoken to Mr. Theil’s neighbor and asked him to trim the trees. Pete responded
that Mr. Theil’s neighbor has trimmed the trees as requested. Pete stated that
Mr. Theil’s neighbor feels that he is following the agreement. Pete stated that
this seems to be a dispute between neighbors. Pete asked Mike if Mr. Theil’s
neighbor has trimmed the trees to Mike’s satisfaction and Mike responded yes, he
immediately did as was asked. Mr. Ziegler commented that he will make another
phone call to the neighbor tomorrow. Mr. Theil stated that he will not be happy
until the fence line looks exactly like the picture that was given to Supervisor
Ziegler 2 months ago by Mr. Theil. Mr. Ziegler stated that the only thing he can
do is call the neighbor. Pete stated that the Township has been in contact with
the neighbor numerous times and he has been cooperative each time. Pete stated
that the neighbor feels he is following the agreement that was signed, maybe not
to the satisfaction of Mr. Theil, but he is following the agreement. Pete again
reiterated that this seems to be a dispute between neighbors.
Old Business/New Business
Joe Dienno – Open Space – Mr. Ziegler commented that he had invited Mr. Joseph
Dienno and his nephew, Nelson McGrory to attend tonight’s meeting. Mr. Ziegler
commented that Mr. Dienno has decided that he is in agreement to put his
property into the Douglass Township Open Space Program. Mr. Sager stated that
they should meet to discuss terms etc. Mr. Sager stated that he will get in
touch with Mr. Ziegler who can in turn get in touch with Mr. Dienno on a meeting
time and place to discuss the details and terms. Mr. Sager commented that the
issues to discuss would be financial in nature and Mr. Dienno has a right to
that privacy and these matters shouldn’t be discussed at a public meeting.
A motion was made by Mr. Turner to adjourn the meeting, seconded by Mr.
Lignelli. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
The next Board of Supervisor’s meeting will be held on Tuesday, September 2,
2008 at 7:30 pm.
Respectfully submitted by,
Stacy Gilroy
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