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BOARD OF SUPERVISORS
November 3, 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, Cynthia O’Donnell, Mike
Heydt, Scott Groff, Robert Campbell, and 50 residents.
Mr. Turner led the Pledge of Allegiance to the flag.
On motion by Mr. Turner, seconded by Mr. Ziegler, the Board approved the minutes
of the October 20, 2008 Board of Supervisor’s meeting. Ziegler-Aye, Turner-Aye,
Lignelli-Aye. Motion passed.
Mr. Al Turchanik commended Ms. Gilroy on the excellent job she does on the
minutes and commented that the School Board needs to hire her to do their
minutes. Ms. Gilroy thanked Mr. Turchanik for his kind words.
Mr. Robert Campbell presented the Engineer’s Report.
1. Hartford Retail – Giant: Plans submitted on October 2, 2008 we reviewed and
brought before the Planning Agency meeting on October 16, 2008. The following is
a summary of the waivers requested: 420-3.C For fewer trees and shrubs per 100
LF of property line. Requested to maintain adequate visual appearance from the
roadway. Approval recommended by Planning Commission provided additional species
of plantings are provided and approved by the Planning Commission and
Township.420-1.D For fewer replacement trees. Requested due to the size of the
trees that are being removed makes it difficult to match. Approval recommended
by Planning Commission provided additional species of plantings are provided and
approved by the Planning Commission and Township. 424.1.A For concrete sidewalk
along the roadway. Approval recommended by Planning Commission to eliminate
sidewalk from the full perimeter, but a walkway must be installed to provide
access from Holly Road to County Line Road. Walkway may be pervious paving.
408.7 For a curb radius less than 40 feet. Approval recommended by Planning
Commission. Truck turning templates were provided showing that truck access
would not be a concern even with a smaller radius. Agreed upon by McMahon.
411.9.F For use of HDPE pipe in lieu of RCP. Approval recommended by Planning
Commission. Pipe depth exceeds the 12” minimum required 2007-03-405 To provide
water quality BMP’s in lieu of groundwater recharge. Due to the shallow rock
depth, groundwater recharge can not be achieved on-site. Approval recommended by
Planning Commission. The Planning Commission granted Preliminary conditional
approval of the plans. Mr. Campbell stated that he received a revised waiver
request letter on November 3, 2008. The revised letter includes a waiver for
number of cars in a row for parking. This is covered under the overlay
ordinance. Mr. Sager indicated that a waiver is not needed for this matter. Mr.
Campbell stated that he received offsite stormwater management plans and
calculations on October 30, 2008 and they are currently being reviewed. Mr.
Campbell commented that there are representatives here tonight who are
requesting Conditional Preliminary Plan approval from the Board of Supervisors.
Mr. Sager commented that he was in communication today with Mr. Robert McNelly,
the attorney for the developer. Mr. McNelly has looked at the Conditional
Preliminary Plan Resolution and has some questions and issues concerning the Act
209 fees. Mr. Sager commented that Mr. McNelly asserts that the Act 209 fees are
not proper despite the fact that Mr. Sager pulled the number from the McMahon
review letter. Mr. McNelly communicated to Mr. Sager that the number was off by
$100,000. Mr. Sager commented that Mr. McNelly was going to try and get
something to Mr. Sager prior to tonight’s meeting, but that did not happen. Mr.
Sager stated that there are two more important issues to review. 1) Mr. McNelly
takes the position that there are no Act 209 fees because of the Stetler
agreement. Mr. Sager stated no, that is not the case. The Stetler agreement was
clearly that the Stetlers had an obligation to make improvements, but the
Stetlers indicated at that time that they were going to sell the property and
thought they were going to sell it to a bank and as a result of negotiations,
the Board agreed to defer and to deal with the issue of improvements at a later
date with the Stetlers agreeing to pay a fee at the time of settlement with
respect to that issue. There was no agreement that were would not be any Act 209
fees stated Mr. Sager. 2) Mr. McNelly communicated that he believed that there
should be some credits given with respect to Act 209 fees and that he believed
that McMahon would agree to that. Mr. Sager communicated that he did not see
this stated in any review letter that McMahon had indicated this. Mr. Sager
commented that under the circumstances, perhaps we should table the action by
the Board with respect to this issue. Mr. Sager commented that there is a lot to
be gained by resolving that issue at this point. Mr. McNelly communicated that
they are not going to get a permit until they pay the Act 209 fees and asked
that the Resolution be changed to indicate that they will pay the Act 209 fees
that are determined. This is for the Board to decide at this particular point
stated Mr. Sager. Mr. Sager stated that the other issue is that MCPC had written
and indicated that they had some concerns about the traffic plan. Mr. McNelly
took the stand that this issue has basically been resolved at the last Planning
Agency meeting after speaking with Joe Fiocco and the Planning Agency members.
Mr. Sager asked Mr. McNelly to address to the Board why this matter should not
be tabled for two weeks until the next Board meeting. Mr. McNelly commented on
the MCPC review and stated that he contacted Matt Kory, the MCPC Planner and
questioned him on MCPC’s stand. Mr. Kory commented that it is up to the Township
on whether they felt Hartford complied or not. Mr. McNelly had also asked Mr.
Kory whether he could convey to Mr. Sager that the main issues were with regard
to the Overlay, Re-Zoning and the Regional Planning and Mr. Kory agreed that
this was the gist of all his previous items and those were the concerns and he
agreed that they have all been dealt with. Mr. Kory had also stated that the
only remaining issue was the design of the parking lot which was brought up at
the last Planning Agency meeting stated Mr. McNelly. Mr. Kory was present at the
meeting when the Planning Agency had recommended to the waivers and approval of
the plan. The Planning Agency members asked Mr. Kory whether or not he had
additional concerns or comments and his answer was no. With regard to the
internal circulation issue, Mr. Kory’s response was that he had the same
suggestions as Mr. Fiocco from McMahon, but understood the constraints of the
site. Mr. Turner asked Mr. Wynne if he was ok with the parking lot layout and
Mr. Wynne indicated yes. Mr. Turner clarified that what Hartford has on paper
now is ok with the Planning Agency and Mr. Wynne responded yes. Mr. Sager
commented that Mr. Campbell had an issue with respect to offsite improvement
numbers. Mr. Campbell stated that revisions had been made and Hartford is still
working on those numbers. Mr. McNelly commented on the Act 209 fees. Mr. McNelly
commented that all he is asking is that we don’t set that number. The Impact Fee
is governed by that statue and the Township Ordinance. Mr. McNelly stated that
he is here tonight for Conditional Preliminary Approval. Credits would alter the
Impact Fee number. In order to come up with a final number, you would need to
know what the trip calculation number is and there is still discussions going on
with respect to this. Second is that we don’t know what the credits will be
until we have a final roadway design approved by PaDOT. These are dollar for
dollar credits commented Mr. McNelly. Mr. Lignelli asked Mr. McNelly what
assurances do your investors and potential tenants need with respect to the
benchmarks that we are trying to meet. Mr. McNelly stated that the Conditional
Preliminary Approval is one of the benchmarks they need to move forward. A
motion was made to approve the Resolution as proposed with the changes indicated
by Mr. Sager with respect to Paragraph 8 and Paragraph 12 by Mr. Ziegler,
seconded by Mr. Lignelli. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
2. Weis Markets (First Capital Engineering) – Staff meeting on October 30, 2008
to update status and coordinate work. Centro had a meeting with PaDOT on October
23, 2008 to address issues regarding the intersection improvements. Plans were
resubmitted to PaDOT on October 29, 2008. Currently reviewing Financially
Security for roadway improvement work.
3. BUI/Jordan Drive Subdivision – Conditionally approved at the September 15,
2008 meeting. Resolution approved at October 6, 2008 meeting pending receipt of
wetlands letter. Still some issues with wetlands and there are still some review
comments needed per Mr. Campbell.
4. Windemere Subdivision – Planning Agency approved and signed the Planning
Module at the October 16, 2008 meeting. Zoning Officer’s signature is also
required, but signature will not be provided until the Developer submits the
final plans and stormwater report with the approved revisions. Developer’s
Engineer has been notified.
5. Hollenbach – Warehouse Expansion – Conditionally approved at the May 5, 2008
Supervisor’s meeting. Final plans and financial security request have not been
received.
6. AAA – Dunkin Donuts – Final Record Plans have been received and reviewed.
Outstanding comments appear to have been addressed. Mr. Campbell commented that
while excavating for the retaining wall footer, it was discovered that the
subgrade consisted mainly of shale which appears to be impervious. Stormwater
design requires infiltration of all stormwater onsite until the Weis
improvements are made. We have required additional infiltration testing to be
performed. Additional testing began Wednesday, October 29, 2008 and was
continuing today. We have not seen the test results yet, but we anticipate some
redesign of the stormwater facilities may be required. Need to improve the E & S
Control maintenance.
7. Zern/Markofski Properties – Presentation by Danny Jake Corporation to the
Planning Agency at the October 16, 2008 meeting and the Supervisor’s at the
October 20, 2008 meeting. Presentation included brief zoning overlay discussions
for lots zoned R-3, layout of proposed Market Street and potential on-site and
off-site improvements. Planning Agency gave general acceptance of the conceptual
design with comments regarding population and the effect on the School District.
8. Cobblestone Crossing – Phase 3 – Roadway construction continues. Anticipate
completion this week.
9. Smith Road Bridge – Received acceptance from PaDEP pending submittal of Final
Plans. Final Plans were submitted last week.
10. Berks-Mont Camping Center – Need to excavate and remove some unacceptable
material that was buried on-site before performing finish grading.
A motion was made to accept the Engineer’s Report by Mr. Turner, seconded by Mr.
Ziegler. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
Mr. Sager presented the Solicitor’s Report.
1. S-2 Route 100 Corridor Study – Master Plan – Master Plan – On October 30,
2008, a meeting of the Master Plan Committee, representatives from the Rosen
Organization, representatives from Gambone Organization, PennDOT
representatives, Montgomery County Planning Commission representatives, Douglass
Township Planning Agency representatives, Committee members, the Township
Engineer and the Township Traffic Engineer, the land use planner for the Rosen
Organization and various members, Supervisor Ziegler, the Township Solicitor and
various members of the public were present to discuss the status of the Master
Plan for the development of the Route 100 Corridor north of Jackson Road. The
following matters were discussed: The viability of the project. In order to
proceed with the Master Plan, everyone agrees that Jackson Road has to be
relocated with a parallel road (denominated as “Market Street”) transversing the
Markofski, Long, and Gambone properties from the present Jackson Road north to
Route 73. Such a road would be more than a mile in length. The costs of the road
would be probably approximately 3 million dollars. The Rosen Organization
proposes to effectuate the necessary improvements at Jackson Road and Route 100,
to acquire the right-of-way through the Long property, and to establish the new
road, Market Street, to a point close to or at its property, the present Zern
property. Everyone agreed that the development of the land subject to the Master
Plan study would require a new road and the realignment of Jackson Road. The
Gambone Organization asserts that when a new road is put in, it will be in a
position to develop its property for commercial purposes. The Rosen Organization
has stated that it is willing to make a substantial contribution of
approximately 1.1 million dollars towards a new road so long as the project is
economical viable. To that extent, it proposes to develop the Zern property for
400 townhouse units, seeking a rezoning in that respect. Thus, the viability of
the Master Plan relates to the development of a new road (Market Street) and the
realignment of Jackson Road which, in turn, can be accomplished economically
only by a change in zoning with respect to the density for the Zern tract. 2.
The economic impact to the community of the proposed high density development of
the Zern tract, particularly with respect to school taxes. Assuming that the
Zern tract was developed for high density townhouses and there were 400 units as
proposed by the developer, the threshold question is whether the community
believes that the development can economically support itself by additional tax
revenues. Mr. Cover of the Montgomery County Planning Commission stated that
there would have to be a study to make that determination. Generally a high
density development of the nature as proposed, on a cost benefit basis, would
generate more real estate tax dollars than the costs of educating the children
that would live in the development. This question is of great concern.
Supervisor Ziegler suggested that the school be involved, and he had already
made contact with respect to the school district’s input concerning such a
development. The Rosen Organization stated that it has made the study and that
the costs for education would be less than the property tax dollars that would
be generated by the 400 units. The question needs to be discussed and resolved.
Thus, a public meeting will be scheduled in approximately 2 to 3 weeks to air
and review the issues concerning the impacts of the development on the Boyertown
School District. 3. The approval of the general alignment for Market Street
through the Gambone property. Obviously, if the proposed new road that
transverses the Gambone property on its westerly side along the boundary of the
Zern Auction property was not acceptable to the Gambone Organization, there was
nothing further to discuss, Michael Gambone stated that the general location of
the proposed Market Street road would be acceptable to the Gambone Organization.
Accordingly, there is a plan that can be the subject of general public
discussion. 4. Contact of Mrs. Long with respect to the right-of-way to be
acquired. Wayne Rosen indicated that he would contact Mrs. Long and her
representative to discuss the acquisition of the necessary right-of-way through
the Long property. The fact is that if there was a realignment of Jackson Road,
a portion of the road would be abandoned and Mrs. Long would obtain a little bit
more than an acre of property making the net loss for additional right-of-way
through her property of approximately a little more than 2 acres. It was decided
that contact with Mrs. Long at this time would be premature since the plan
concept would have no present viability if there were not a rezoning for a high
density residential development on the Zern property. 5. Engineering and
conformance with the regional traffic study. McMahon Associates is presently
concluding its review of the traffic study along Route 100 and 73 that would
involve traffic issues relating to the Master Plan. The report will not be
concluded until the middle to late December. The full design of the road system
could then be engineered subject to the feasibility of the new road after a
public hearing relating to the impacts of high density residential development
to the community at large. Progress is being made with respect to developing and
clarifying the issues relating to the Master Plan. Its viability depends upon
the acceptance of the community of a high density residential development on the
Zern tract. Mr. Pritchard commented on the impact that this development would
have on Route 73. It will get worse rather than better commented Mr. Pritchard.
A public meeting will be held to discuss those issues accordingly. Pete
commented that he will start looking at potential dates for this public meeting.
2. S-3 Superior Water – (Rate Increase) – Mr. Sager commented as we reported at
the Board meeting on October 20, 2008, we had come to an agreement with respect
to the tariffs and the Rhoads Avenue water distribution issue. As we advised,
pursuant to our intervention, the Rhoads Avenue contaminated properties will be
served by the Boyertown Water Authority. The infrastructure will be paid for by
the DEP. We were able to keep down the connect costs to $2,000. The tariffs as
proposed by Superior were reduced somewhat. A good portion of the tariffs will
not come into effect for a year.
3 S-9 Renninger Subdivision – New Hanover Township – No change per Mike’s
Report.
4 S-10 Danny Jake – Mr. Sager stated that he has been in touch with Mr. Mullin
and several issues have been taken care of with respect to this matter. Mr.
Sager stated that the substantial issue is with respect to the Act 209 fees. Mr.
Sager commented that they did resolve the issues concerning the Homeowner’s
Association documents including the budget that needs to be put into place.
Wayne Rosen was present at the meeting on October 20, 2008. He stated that there
was no immediate attention to build out.
5 S-12 Donnelly Tract – Open Space – Mr. Sager stated that this matter is
waiting for the Open Space Board approval. The County Open Space Board has been
supportive with respect to the acquisition of this property for open space.
However, because of the constraints on the grants, the matter will not be
reviewed by the Open Space Board until probably the Spring 2009.
6 S-13 Dienno Tract (Kane Core, Inc.) – Hallowell Road – Mr. Sager stated that
on October 30, 2008, there was a staff meeting with Joe Dienno, a representative
from Avante Apartments, Supervisor Ziegler, a representative from the Planning
Agency, the Manager and the Solicitor and a representative from MCPC. As noted
with respect to our report concerning Avante Apartments herein, we were
unsuccessful in creating a fund for the transfer of development rights to
acquire the payment towards the acquisition of the Dienno tract. As a result,
there was a discussion as to whether the property could be acquired by a grant
with Mr. Dienno making a gift to the Township to satisfy its proportionate share
of the costs of acquisition, being 20% of the value of the property. Mr. Dienno
stated that he was generally in accord with the approach so long as he would
receive an amount satisfactory to him. Based upon the general discussion of the
numbers and appraisals of properties in the area, the objectives o everybody may
be achieved. It depends upon an appraisal. Representatives of the Township
believe that there is an appropriate use of open space monies that are presently
being held to obtain an appraisal subject to Mr. Dienno’s agreeing in writing
that the costs for the appraisal would be paid at such time as the property is
transferred to the Township or any third party. Mr. Ziegler commented that since
this is a piece of ground that is developable now, he made the motion to spend
the funds out of the Open Space Fund with the conditions mentioned above,
seconded by Mr. Turner. Mr. Lignelli stated that is certainly admirable on the
Township’s part, but as you recall, there are other property owners who are also
interested in putting their properties into the Open Space Plan as well,
particularly Mr. Rapp who lives on Middle Creek Road. Mr. Lignelli reminded the
Board that Mr. Rapp was present about 8 months to a year ago and stated his
interest in this matter and was told by the Township that if he was interested
in putting his property into the Open Space Plan that he would have to get an
appraisal, as did Mr. Libor and Mr. Gambone when they indicated their interest.
Mr. Lignelli stated that he has no problem helping out Mr. Dienno, but some
level of consistency has to be offered. Mr. Lignelli stated that at the last
Open Space meeting there was talk of trying to prioritize the properties that
are being offered. There was a brief discussion about the where the Rapp
property is located and what the County looks at when reviewing a property. Mr.
Ziegler asked Pete for some information on the Rapp property. Mr. Sager
commented that the Board could include into the motion a phrase that states the
action is subject to prioritizing by the Open Space Board. Mr. Theil commented
that the Open Space Board had already prioritized the properties at its last
meeting and the Donnelly tract was the only property that had an appraisal,
which placed them in the #1 position, the rest of the properties fall in line
behind them because they did not have appraisals. Mr. Yarnall commented that the
Market went flat; the price doesn’t matter so the Donnelly tract would need to
be adjusted to reflect the current Market. Mr. Carl Hiryak commented about
voting for Open Space on the ballot. Mr. Hiryak stated that it was his
understanding that when buying open space, it had to be land that could be
developed. Mr. Turner stated that the criteria have changed with respect to the
State and County when it was realized that the wetlands and water shed areas
needed to be preserved. Mr. Ziegler commented that he feels it makes better
since to address the land that can be developed vs. land in the floodplains. Mr.
Ziegler asked how many other properties are included and Pete gave the follow
list: Donnelly, Dienno, Rapp, property on Congo Road. Mr. Al Turchanik commented
that the Board should keep in mind when discussing wetlands, that it is the
wetlands that resupply the underground aquifers. Much of this Township is feed
by ground water, so there is a need for wetlands stated Mr. Turchanik. Mr. Sager
commented that what the County likes to do is put together parcels for open
space to maintain that clean water. Mr. Lignelli asked the Open Space Committee
members who were present if they had an issue with this request; the only
problem you are going to run into is the other property owners who will voice
their discontent with being jumped ahead of in this process. Mr. Lignelli
commented that he doesn’t want to stand in the way of what will ultimately be a
waiting game with the County. Mr. Sager stated that the Township can’t outright
buy the property and will have to wait for the County with respect to grants and
Mr. Dienno knows this to be true. Mr. Lignelli just wanted the Board and public
to understand that there are other property owners that will have to be dealt
with as well with respect to this matter. Mr. Ziegler reiterated his motion to
authorize the paying of the appraisal needed with respect to the Dienno tract
subject to the monies coming out of the Open Space Fund and subject to Mr.
Dienno, in writing, stating that the money will be paid back to the Township
upon transfer of property seconded by Mr. Turner. Ziegler-Aye, Turner-Aye,
Lignelli-Aye. Motion passed.
7 S-15 Backenstose (Ritter Est.) v. Douglass Township – Nothing to report at
this point in time.
8 S-18 Cobblestone Crossing – Smith Road Bridge –See Engineer’s Report.
9 S-33 Redding v. Douglass Twp. – Mr. Sager stated that this matter has not gone
to trial to date.
10 S-52 Summerhill Open Space – Mr. Sager commented that Mr. Mandelbaum who
represents the Summerhill Homeowner’s Association believes that the Township has
an obligation to accept the property that was on the plan dedicated to the
Township because the Township accepted that plan. Mr. Sager stated that this is
not the law. The law stated that the dedication is an offer to the municipality
to take a property or easement or right-of-way. The Township does not have to
take the property stated Mr. Sager. Mr. Sager commented that you have the offer
and you have the acceptance. Mr. Mandelbaum and the Homeowner’s Association were
asked whether they acknowledge that everything has been now done with respect to
the checklist. Pete commented that regarding Doug Brown’s final walkthru, the
Township received a letter dated October 27, 2008 stating that everything has
been completed to the best of his knowledge. Mr. Mandelbaum has indicated that
there are still some outstanding issues, so at this point until we get the
Homeowner’s Association together with Brown Engineering and come up with what
the issues are, we won’t know whether everything is completed or not stated
Pete. Pete stated that he will have Mike schedule something with the Homeowner’s
Association and move forward with this matter. Mr. Sager stated that the
acceptance of the land is ultimately the Board’s decision, but he doesn’t feel
the Board needs to accept the open space area. If the Board feels this way, he
will advise Mr. Mandelbaum that the Board will not accept the open space area.
Mr. Turner wanted clarification if Green Briar kept their open space and that it
wasn’t dedicated to the Township and Pete agreed with this statement. Mr. Turner
made a motion to not accept the open space area from Summerhill Development and
to authorize Mr. Sager to communicate the same to Mr. Mandelbaum, seconded by
Mr. Ziegler. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
11 S-55 Water Contamination – VOC and TCE problem – Mr. Sager stated that the
Board approved the advertising of the mandatory connection ordinance and this
ordinance will be advertised for adoption at the second meeting in November. The
Ordinance has been sent to the Montgomery County Law Library. See S-3 (Superior
Water)
12 S-72 Gilbertsville Fire Co. No. 1 – Mr. Sager commented that he had heard a
rumor that an issue will be discussed at the end of the meeting by Ricky Smith.
13 S-75 Boyertown Sanitary Disposal Landfill – Ms. O’Donnell commented that the
Township has received a small payment this month and she will call and find out
the total owed.
14 S-77 Shellenberger – Berks Mont Camping Center – See Engineer’s Report.
15 S-78 Cobblestone Commons – See Engineer’s Report. Mr. Sager stated that the
Township has not heard from Mr. McGrory with respect to a staff meeting to date.
16 S-79 Hopkinson Tract – Pete stated that the Township has received the escrow
check in the amount of $500 from Quigley Bus and this will be on the agenda for
the Planning Agency for November 13, 2008.
17 S-85 Robert L. Logan, Jr. – The district justice scheduled the hearing for
January 15, 2009 at 1:00pm.
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 at this time.
18 S-120 Weis Market – Town Plaza Shopping Center –See Engineer’s Report. Mr.
Sager commented on some of the items discussed at the staff meeting held on
October 30. 2008 as follows: Status of the revisions to the plan concerning the
traffic signal and intersection improvements, Financial Security, Stormwater
easements concerning Dunkin Donuts, Access easement, Timing, Development
Agreement revisions.
19 S-123 – Bart Golf Subdivision (New Hanover) – No change per Mike’s Report.
20 S-124 – Wynstone Subdivision (New Hanover) – No change per Mike’s Report.
S-133 Hunsicker Farm – Mr. Sager stated that we have taken care of our
requirement of having filed
a pre-trial memorandum. There should be a response by the end of November from
DEP and
Synagro stated Mr. Sager. Meanwhile the Commonwealth Court has rendered a
decision of great
Significance to the issue as to the extent of local municipality’s right to
regulate sludge application.
In Com., Office of Atty. Gen. ex rel. Corbett v. East Brunswick Tp., 956 A.2d
1100 (Pa. Commw.2008),
the Court held that: "Specifically, Section 313 confirms that municipalities
retain their authority to
regulate, whatever that may be, as otherwise provided by law. For example, the
Nutrient Management Act
preempts local ordinances or regulations that conflict with it or its
accompanying regulations, but it
allows ordinances that are “consistent with and no more stringent than [its]
requirements.”
3 Pa.C.S. § 519(d).FN23 Section 313 of Act 38 clarifies that a municipality's
ability to enact an
ordinance in accordance with the terms of the Nutrient Management Act is
unaffected by Act 38. Such
an ordinance would not be an “unauthorized local ordinance” within the meaning
of Act 38.
FN23. Section 519 of the Nutrient Management Act provides:(a) General.- This
chapter and its
provisions are of Statewide concern and occupy the whole field of regulation
regarding
nutrient management and odor management, to the exclusion of all local
regulations.(b) Nutrient
management.-No ordinance or regulation of any political subdivision or home rule
municipality may
prohibit or in any way regulate practices related to the storage, handling or
land application of animal
manure or nutrients or to the construction, location or operation of facilities
used for storage of animal manure or nutrients or practices otherwise regulated
by this chapter if the municipal
ordinance or regulation is in conflict with this chapter and the regulations or
guidelines promulgated
under it.(c) Odor management.-No ordinance or regulation of a political
subdivision or home rule
municipality may regulate the management of odors generated from animal housing
or manure
management facilities regulated by this chapter if the municipal ordinance or
regulation is in
conflict with this chapter and the regulations or guidelines promulgated under
it.(d) Stricter
requirements.- Nothing in this chapter shall prevent a political subdivision or
home rule
municipality from adopting and enforcing ordinances or regulations which are
consistent with and
no more stringent than the requirements of this chapter and the regulations or
guidelines
promulgated under this chapter. No penalty shall be assessed under any such
local ordinance or
regulation under this subsection for any violation for which a penalty has been
assessed under this
chapter.3 Pa.C.S. § 519" The Court determined that a local municipality could
regulate sludge
application so long as the regulation does not violate the Nutrient Management
Act. The East
Brunswick Ordinance was stricter that the DEP regulations under the Act. Its
regulations could be
appropriate if sludge application is not a normal agricultural operation. The
Court held that this issue
was subject to a trial. The significance for Douglass Township is that
apparently a limited Ordinance
regulating Sludge would be permissible and a general Ordinance regulating sludge
application may
be appropriate if sludge application is not a normal agricultural operation. The
latter issue is to be
resolved in a later trial in the East Brunswick case. We recommend the adoption
forthwith of an
Ordinance relating to sludge application that is not more strict that he
provisions and regulations
under the Nutrient Management Act. Does the Board want to take action? Mr.
Lignelli questioned that
isn’t this already the law? Mr. Sager clarified that it is an enforcement issue
and a tool for the Township
that will help them force DEP to do its job. Mr. Lignelli commented that it
isn’t right that the Township
has to keep footing the bill for this enforcement. The Legislatures should be
doing their job and
keeping on top of this matter. Mr. Carl Hiryak commented on the amount of money
it is costing the taxpayers
to deal with this matter. Are we going to be the liberators for the entire
State? Mr. Sager disagreed with
Mr. Hiryak’s comments. Mr. Wynne asked if the ordinance would allow the Township
some
enforcement and Mr. Sager responded yes. The enforcement capabilities are that
this allows them to
present the info that is presented to DEP which they don’t present to the
Township at this time with respect
to the exceptional quality, where they are getting the sludge from and when and
where they are spreading it.
A motion was made to authorize Mr. Sager to start drafting an Ordinance with
respect to this matter
by Mr. Ziegler, seconded by Mr. Turner. Ziegler-Aye, Turner-Aye, Lignelli-Aye
with the understanding that
it is unfortunate that the Townships have to do this alone and he only wishes
that our Legislatures would
have the wherewithal to enforce the laws that that they put in place. Mr. Turner
seconded Mr. Lignelli’s
statement. Motion passed.
21 S-135 Avante Apartments – Mr. Sager commented that the Township met with the
representative from Avante Apartments on October 30, 2008 to discuss zoning
issues and a transfer of density rights in consideration of the purchase of open
space rights. We were advised that the principals of Avante Apartments were not
in a position to make any significant contribution with respect to the purchase
of those rights. According, it would appear that the development and rezoning
issues are no longer viable. Unless there is an objection, we will take this
matter off of the report in the future.
22 S-136 Bonanza – Hartford Retail – Giant – Stetler – See Engineer’s Report.
23 S-140 Hollenbach Construction – 166 Holly Road, 21,120 sq. ft. addition to
existing warehouse – See Engineer’s Report.
24 S-148 Mann Tract Subdivision (New Hanover Township) – No change.
25 S-150 Windemere – 131 Niantic Road – See Engineer’s Report.
26 S-155 BUI/Jordan Drive Minor Subdivision – See Engineer’s Report.
27 Danny Jake (Markofski/Zern Tracts) – See S-2
28 John & Linda Cooper – 123 Hoffmansville Road, Sassamansville – Sewer Hookup –
Mr. Sager commented that on October 30, 2008 Mr. Jeff Karver reported on behalf
of the BMMA that the Coopers have not hooked up at this point to the sewer
system in Sassamansville. He has on behalf of BMMA asked that the Board take
action. Mr. Sager contacted the Manager and asked to check on this matter before
the Board takes action to see if there is a problem with their on-site sewer.
The Manager will contact the Coopers and report at the next meeting.
Mr. Ronald Ebert – 104 Oberholtzer Road – commented on water problems that he is
having at his residence. Mr. Ebert asked if the Township is going to be coming
down with sewer at his location. Mr. Ebert commented that his water is so
contaminated that he can’t drink or bath with it. Mr. Ebert stated that he has
had his water tested by Suburban Water 3 times and the results where that his
water should not be touched. Mr. Ebert commented that it isn’t his sewer that is
the problem; it is the houses above him. Mr. Lignelli suggested that Mr. Ebert
get in touch with the Montgomery County Health Department with respect to this
issue. Pete stated that this is the first that he has heard about this issue and
he isn’t sure how many other homes might be having the same problem or what is
the cause. Pete stated that he will look into this and keep the Board apprised.
Mr. Ziegler stated that he has been in contact with DEP and they will be doing
some research in that area soon. Mr. Turner commented that the Township will
start the process of looking into this matter.
Mr. Sager requested that the minutes reflect that a considerable amount of time
was spent on the Trash Collection Ordinance. Mr. Sager stated that he has been
in touch with DEP concerning the Trash Collection Ordinance and as you may
recall, Andy Duncan had reported that he had some problems with. We now
understand what the problems are and we are in the process of re-drafting the
Ordinance so that our grants will not be adversely affected in the future stated
Mr. Sager.
Mr. Theil commented on the Route 100 Corridor. He commented that the only person
that is going to benefit from the re-alignment of Jackson Road is the Gambone
Organization. Rosen doesn’t need the re-alignment, and Mr. Theil commented that
he doesn’t understand why the Township is spending so much time discussing a
piece of ground that may never be developed. Mr. Carl Hiryak commented on the
additional traffic that will be generated and is PaDOT willing to go along with
this. Mr. Sager responded yes. The ultimate desire of PaDOT is to establish a
parallel road to Route 73 to take some traffic off of Route 100 and to take it
down through the Markofski tract to get to Grosser Road and to eventually have
the ingress and egress primarily through Grosser at that point because of the
crossroads. Mr. Pritchard asked that if they re-align Jackson Road, what kind of
impact will that have on Route 73..with brining more traffic in off of Route 100
to Route 73. Currently it is bad enough just with the Zern’s Market traffic and
then when you add all those homes, this will make it even more congested. Mr.
Sager commented that this has been discussed and more discussion will be taking
place as well as this moves forward. Mr. Sager stated that the projections are
that Route 100 can not handle the capacity of the future and there is going to
be a lot of problems with traffic with respect to peak hour traffic and you will
see this on Route 100 unless you have an alternate method and this is the way
PaDOT is going. Mr. Sager commented on the traffic study that has been financed
and financed in part by the Township with respect to this very issue. This study
is being done by McMahon and will be completed by the end of December stated Mr.
Sager. Mr. Pritchard asked if he can get a copy of the traffic study and Mr.
Sager responded yes, once it becomes a public notice.
Mr. Turchanik referred back to the number of units with respect to the
Markofski/Zern developments. It was clarified that Markofski has 74 multiplex
units and Zern has 406 multiplex units.
A motion was made to accept the Solicitor’s Report by Mr. Turner, seconded by
Mr. Ziegler. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
Scott Groff presented the Highway Report.
1. Replaced pipe and installed section of French drain on Green Hill Rd.
2. Installed pipe and culvert on Cross Rd to fix drainage problem.
3. Repaired bridge on Buchert Rd.
4. Crack sealing on Amadeo Drive.
5. Started installing salt spreaders on trucks for the winter.
6. Moving salt pile in back to other salt buildings.
7. Currently working on Congo Rd.
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 October as follows: New Homes
(3), Fee’s Collected ($3,803.72), Large Permits (6), Fee’s Collected
($2,068.00), Small Permits (2), Fee’s Collected ($182.30), Driveway Permits (3),
Fee’s Collected ($150.00), and Demolition Permits (0). OP’s for the month of
October (3), Inspections (48).
2. Mike commented that the road should be opened with respect to Cobblestone 2
Phase III by the end of the week.
3. S-9 Renninger Subdivision – No movement to date.
4. S-123 Bart Golf Subdivision – No movement to date.
5. S-124 Wynstone Subdivision – No movement to date.
6. S-148 Mann Tract Subdivision – No movement to date.
Mr. Ziegler asked Mike about how he performs his building inspections. Mr.
Ziegler asked if Mike does a report for each location that is inspected. Mike
commented that he performs inspections before giving out Occupancy Permits and
will take pictures of the house and keep them on file so as to see if changes
were made without the Township knowing.
A motion was made to accept the Zoning Report by Mr. Turner, seconded by Mr.
Ziegler. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
Cindy O’Donnell presented the Treasurer’s Report
1. Ms. O’Donnell commented that the Township received a letter from Mr. Reinhart
with Reinhart & Company. Ms. O’Donnell commented that Mr. Reinhart mentioned in
his letter that the minutes from the October 6, 2008 meeting should reflect that
Reinhart & Company did submit a proposal. Ms. O’Donnell stated that she believes
that there was some confusion as to this matter. Ms. O’Donnell stated that the
Township had sent out requests for proposals for professional services.
Professional services do not have to go through the bidding process per the
Second Class Township Code Book. Ms. O’Donnell stated that requests for
proposals were sent to 6 firms and that she verbally requested a proposal from
Reinhart & Company and they did provide the Township with a proposal. Mr. Sell
commented on a voice message he received with respect to the audit. Mr. Lignelli
commented that it is at the discretion of the Board of Supervisors as to who it
chooses with respect to professional services. Chairman Turner stated that he
finds Cynthia O’Donnell’s work to be exceptional and for anyone to challenge her
integrity is very distasteful.
2. 2009 Budget – Ms. O’Donnell commented that she and Pete have met with each
Department head individually to go over their tentative budgets for 2009. Ms.
O’Donnell commented that she had also sat down with Mr. Ziegler and went over
everything with him as well. Ms. O’Donnell handed out to the Board some numbers
to review. General Income, General Expenses, State Aid, Liquid Fuels, Recycling,
etc. Ms. O’Donnell commented that the general expenses overview prepared shows a
2009 increase in spending of approximately $156,600. Ms. O’Donnell mentioned
that State Aid has a cash balance that is being carried forward at approximately
$113,000. Rather than budget specific projects, we budgeted to spend all the
funds available under the Highway Construction and Rebuilding. This will be
decided based on the road inspections that the Supervisors are planning to do
with Mike, Pete and Scott stated Cindy. Ms. O’Donnell pointed out that one of
the options to help make up the shortfall of $156,600, would be to raise the
local Occupational Tax that is currently $10 in this Township. This tax could be
raised to a maximum of $52, $5 of which would continue to go to the School
District, with $47 coming to the Township. This tax is paid by individuals that
work within the Township. We have approximately 4000 people that this tax would
apply to stated Ms.O’Donnell. This would generate additional revenue of $168,000
if this was increased from $10 to $52 commented Ms. O’Donnell. Ms. O’Donnell
stated that another option would be to use some cash surplus that is available.
Ms. O’Donnell stated that her request at this time is for the Board to review
the information she provided and authorization to schedule and advertise a
budget meeting for Monday, November 10th at 7pm. A motion was made to authorize
Pete to schedule and advertise a special public meeting with respect to the 2009
Budget for Monday, November 10, 2008 at 7pm by Mr. Turner, seconded by Mr.
Lignelli. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
A motion was made by Mr. Turner, seconded by Mr. Lignelli to approve the
Treasurer’s Report. 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: Planning Agency
Meeting on Thursday, November 13th @ 7:00pm, BOS Meeting on Monday, November
17th @ 7pm, Main Street Revitalization Meeting on Thursday, November 6th @ 7pm
at the Gilbertsville Fire Company in the downstairs banquet hall. (1 to ˝ hr
presentation by MCPC)
2. Road Inspections - Pete asked the Board if they want to do road inspections
and if he should start to schedule this matter. Mr. Ziegler suggested the
Township do road inspections in both the Spring and the Fall. Mr. Ziegler asked
Pete to put a schedule together and get back to him with it.
3. Pete stated that the Board had asked him to get the Oberholtzer School House
project moving. Pete commented that there is some masonry work that needs to be
done; however, it is just as important that the woodwork gets done. Pete
commented that he had given the Board a proposal from Mr. Carl Hiryak at the
last meeting regarding fabrication of the window frames. Pete stated that this
is the next step that needs to be done in order to finish the masonry work. In
order to restore it, it needs to be done by someone who is experienced in
woodworking, who is a professional at it in order to make it as realistic as
possible. Mr. Hiryak proposed $25 to manufacture each window, there are 5
windows, so that would be about $125 that we would need to take out of the
Oberholtzer School House Fund commented Pete. In an effort to keep this project
moving, Pete asked the Board for permission to contact him. A motion was made to
authorize Pete to contact Mr. Hiryak and have him start with respect to this
project by Mr. Ziegler, seconded by Mr. Lignelli. Ziegler-Aye, Turner-Aye,
Lignelli-Aye. Motion passed. Mr. Lignelli asked Mr. Hiryak he was able to talk
with Mr. Benner and Mr. Hiryak responded no. Pete commented that he will follow
up with Mr. Benner. Pete also commented that within the next couple of weeks,
they will be finishing to chip off the last two walls as well.
4. Mr. Ziegler requested that Pete contact Mr. John Koltonuk with the
Gilbertsville Ambulance and ask him to attend the next Board meeting. Pete
responded that he would take care of this request.
A motion was made to accept the Manager’s Report by Mr. Turner and seconded by
Mr. Lignelli. Ziegler-Aye, Turner-Aye, Lignelli-Aye. Motion passed.
Public Comment
Mr. Pritchard commented on the ordinance discussed by Mr. Sager with respect to
sludge. Mr. Pritchard clarified if the Township is going to enforce. Mr. Turner
commented that the Township is going to enforce by making sure that the law is
obeyed. Mr. Sager commented that the ordinance will insure that the information
that is given to DEP will also be provided to the Township. Mr. Turner commented
that it deals to a point with disclosure. Mr. Pritchard commented that he feels
the same thing applies to the Montgomery County Health Department in which the
Health Department is supposed to say to check things and the Township is
supposed to enforce it, right? Mr. Sager commented no, Mr. Pritchard is
incorrect. With respect to the septic systems, the Health Department and DEP may
look at it and mandate certain things, the Township may have certain obligations
with respect to an extension of a sewer line if it is feasible to ensure that it
is done, but it is probably not feasible from what little was discussed earlier
stated Mr. Sager. Mr. Sager commented that he would assume that the Health
Department would site the property owners that have malfunctions in that
respect. With respect to the Hunsicker Farm, the way it would work is basically,
if they are going to apply the sludge, that the ordinance would require them to
give pre-notice and information as to what they are going to apply, where they
are going to apply it and to allow for the inspection and review and oversight
of that to the Township. If the Township saw that there was noncompliance, then
the Township would get in touch with DEP and DEP would enforce its regulations.
Mr. Theil provided the Board with a handout with respect to the Boyertown School
District busing kids from and to other schools because of the re-districting
that has been approved beginning with the 2009-2010 school year. Mr. Theil
commented that he wanted the Board to think about this matter when considering
the Markofski/Zern developments.
Old Business/New Business
Mr. Ricky Smith asked what the process is to get put on the agenda for the Board
of Supervisors meeting. Pete responded that all requests to be placed on the
agenda go through the Township Manager. Ricky stated on Friday morning he had
contacted the Township Office and requested to be placed on the agenda and was
then told his request was taken care of. Ricky stated that he arrived tonight to
find out that he wasn’t on the agenda. Ricky commented that during the last
Township meeting, he was asked to come outside by Mr. Haddad and a
representative from No. 1. Ricky stated that at that time he was informed that
there was an issue with the Fire & Rescue Craft Show and overlapping of time,
but they were all going to try and work things out. Ricky stated that he gave
them his name and cell phone number, but hasn’t gotten a call to date. Ricky
commented that Wednesday, he received an email from Mr. Haddad that he wanted to
meet with Fire & Rescue. Ricky commented that they met with him at 6:30pm and we
were told that we never booked the hall. Ricky commented that this Craft Show is
booked every year, a year in advance. Ricky stated that the date was checked on
the day of the Craft Show last year. When we called in May, we were told we had
this date for the Craft Show stated Ricky. Ricky stated that Fire & Rescue
doesn’t run the Craft Show, Susan Gamler runs this and has for the past 8 years.
Ricky stated that a meeting was held last night and the issue was who is going
to win out. Ricky stated that Fire and Rescue didn’t have the date; Fire Co. #1
had the contract, so we lost. This was a fundraiser that would directly benefit
Fire & Rescue and it was dropped for a dance stated Ricky. Ricky stated that Mr.
Haddad sat in on the meeting and should have made the decision as to who won,
but didn’t say a thing. Ricky commented that they met again Thursday and Ricky
asked him the following: Did he see the contract? When was the contract signed?
Why didn’t he stand up for Fire & Rescue? Ricky stated that if #1 wants to take
away our ability to raise funds, then we have to come to the Board to see where
our funds will come from stated Ricky. Ricky commented that the only other
fundraising activity they do is the Bingo. The Bingo ladies endure allot and
without them we couldn’t exist commented Ricky. If the Social Club can’t fund
us, who will questioned Ricky. Ms. Gilroy noted for the record that no one was
present from Fire Company #1 to agree or disagree with Ricky’s comments. Ricky
commented about a fundraising drive letter not going out in 2005 because the
Trustee wanted a joint letter to go out from Fire Company #1 and Fire & Rescue.
Ricky stated that the fundraiser drive letter has always been written by the
Fire Chief since 1981, but he would write the letter. Ricky stated that in 2005
the letter was written by the Company President and President from #1, but it
never made it out because the President of #1 would not sign it, so we lost
2005’s donation letter. 2006, 2007 and 2008 has gone to pay our operating costs.
All of this money was supposed to go to the new truck fund stated Ricky. Ricky
stated that next year, the truck will be 20 years old and it will soon affect
the ISO rating. In 2004, we came to the Board and discussed about doing a lease
purchase for an engine but this didn’t happen stated Ricky. Currently, we have
$165,000 in a new truck fund and some of that is paying the loans from the
rescue truck stated Ricky. We are putting in for a FEMA grant this year and so
far haven’t gotten turned down stated Ricky. The FEMA Grant will cover $380,000,
but we are looking at a truck that will cost $420,000. Ricky stated that Fire &
Rescue gave the Township long term projections on truck replacement costs, but
where do we go. Ricky stated that Fire & Rescue has done everything that they’ve
been asked to do and more. Mr. Ziegler asked Ricky who has the contract? Ricky
stated that he believes #1 has the contract. Mr. Ziegler asked who is authorized
to sign the contracts. Ricky stated he has no idea. Ricky commented that he had
to make 45 phone calls to all the vendors and tell them that there will be no
Craft Show this year and then refund all the deposits. Mr. Turner asked if
Bermont would be big enough to hold the function and Ricky stated that the
letters have already gone out and refunds have already been made. Ricky
commented that they spent a week trying to come up with an alternate location
that could accommodate 73 tables. Mr. Turner stated that he could have
accommodated Fire & Rescue. Mr. Turner took a question for Mr. Hiryak, but
relayed to the public that this is not going to turn into a free for all. Mr.
Hiryak asked Ricky when Fire & Rescue, before they were called Fire & Rescue,
when they were forced to close down the Social Quarters, how were they planning
on paying for their expenses at that time? Who would pay the bills, but for us
taxpayers commented Mr. Hiryak. Ricky stated that this happened in April and
they were allowed back in the building in November and we didn’t complain about
financial problems then. We had a caterer come in and catered every event they
had stated Ricky. Ricky stated that he isn’t here tonight saying to shut them
down. Ricky stated that everyone has to understand that the Social Club may
never be able to fully fund Fire & Rescue. This being said, we need to come up
with another way stated Ricky. We’ve been running fundraising activities, but
obviously after this issue, we can’t guarantee that we will ever have the
hall..a gentleman’s handshake, a pen and a book doesn’t mean squat stated Ricky.
Mr. Hiryak stated that he believes #1 and the Board and taxpayers have done
pretty well providing Fire & Rescue with a budget. Mr. Ron Ebert stated that he
belongs to the Fire Company and has been helping them out and putting money into
them. Mr. Ebert stated that he doesn’t judge a person by what others say, but by
what he hears from that person. Mr. Ebert stated that this wasn’t on the agenda
and to not have Fire Company #1 present to represent themselves, this is
ridiculous. If you are going to do something, then let’s do it fairly and have
all parties present. Mr. Ebert stated that he has belonged to this community for
25 years and he is tired of this constant fighting between the two groups. Other
areas look at us as a laughing stock, lets come to a resolution stated Mr.
Ebert. Mr. Ebert stated that he doesn’t know Ricky, but he respects him for
being a fire fighter but he just wants to see this matter resolved and get
things moving forward. A resident asked if there is anything preventing Fire &
Rescue from getting a written contract from #1 in the future guaranteeing a
date. Mr. Turner stated that this is a question for the Trustee. Mr. Steve Volpe
stated that he has lived here for over 7 years now and he hopes the residents in
this Township appreciate the sacrifices that the firefighters of this community
make. Being away from the wives and families and then to go through the problems
that they do and through this mess and the break up was not taken lightly and
with the other members, the men who go out and fight the fires, the men who have
been here a long time and who have never quit. Mr. Volpe stated that he gives
allot. Mr. Volpe stated that he hopes this Board takes to heart the sacrifices
that these people make to keep the place running. We have an excellent Police
Force, a good Township Road Crew, everyone works together and you can’t find
this is allot of communities. Like Mr. Ebert stated, we are a laughing stock
because people can’t figure out why you people aren’t supporting the fire
fighters and why people aren’t saying what’s going on down the street. There is
a court order in place with a gentleman who is supposed to be overseeing that
and that is his job to put things together and if it can’t be put together, then
it goes back to the Judge and then let the Judge decide. Mr. Volpe stated that
he hopes to God that this does go back to the Judge for some type of a finale,
because it just keeps going back and forth and in the mean time we are losing
good fire fighters. There are people in the community that are so upset that
they don’t want to let their kids be fire fighters commented Mr. Volpe. This is
a shame, because we have an excellent program. Mr. Volpe commented that they are
in a broken down building. Mr. Volpe stated that Ricky presented a plan 2 years
ago with his budget and nothing has been done. Mr. Volpe stated that no one
wants to explore it. Mr. Volpe discussed briefly his grants that have been
submitted. Mr. Volpe stated that something not too many people know is that #1
took $18,000 out of the money that we raised to open the bar and pay for the
insurance. That was taken from the Firefighters Fund that wasn’t supposed to be
touched which was part of the court order. Mr. Volpe stated again that he just
hopes people understand what is going on up there and the sacrifices that the
fire fighters make. Everyone should be thankful that Ricky is around; he does
the Fire Marshall job and more. This discontent needs to end commented Mr.
Volpe. Mr. Turner responded to Mr. Volpe that he should never for one minute
question the Boards respect for the job and sacrifices that the fire fighters in
this Township do. There was an issue on this hall rental, but that does not mean
that we disrespect the fire fighters in any way shape or form. Quite frankly,
I’m a little appalled that you brought this up because I respect the job you do,
I respect the job Ricky does and I respect the job that every fire fighter does
stated Mr. Turner. Don’t ever, ever tell me that I don’t respect what the fire
fighters do stated Chairman Turner. Mr. Volpe commented then do something about
it. Chairman Turner stated that he is doing something about it. You have a
Trustee, he makes the final decisions. Mr. Turner stated that if he would have
heard about this earlier, he would have offered Bermont Motors for the Craft
Show for the day. How this all came down, I don’t know all the facts, I’m just
hearing one side of the story stated Mr. Turner. I will get to the bottom of
this matter for my own piece of mind stated Chairman Turner. Ultimately, this is
the Trustee’s decision. As for supporting the Fire Company Ricky, we will do
everything in our power to support Fire & Rescue for the job that they are doing
as we have done in the past stated Mr. Turner. Mr. Ziegler asked Ricky when he
called to be placed on the agenda and Ricky responded Friday morning. Mr.
Ziegler asked who he talked too specifically and Ricky responded Marcy. Ricky
stated that he asked Marcy to write a letter from the Fire Marshall and to be
put on the agenda for Monday night to discuss the Craft Show and to be placed
under Old/New Business. Mr. Ziegler asked what Marcy’s response was and Ricky
commented that she said ok. Ricky stated that he came in later that day to sign
the Fire Marshall letter and was told that he was on the agenda. Mr. Ziegler
commented that he would have an answer for Ricky within a few days as to what
happened with respect to the agenda.
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 Monday, November 17, 2008
at 7:30 pm.
Respectfully submitted by,
Stacy Gilroy
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