BOARD OF SUPERVISORS
                                                                  February 01, 2010

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, Supervisor John Stasik, Solicitor Charles Markofski, Engineer Bob Campbell, Pete Hiryak, Mike Heydt, Chief Templin, and 29 residents.

Mr. Theil made an announcement that he will be taping the proceedings.

Mr. Turner led the Pledge of Allegiance to the flag.

Mr. Theil made objections about some omitted statements made at the January 19th Board of Supervisors meeting.

On motion by Mr. Turner, seconded by Mr. Ziegler, the Board approved the minutes of the January 19th, 2010 Board of Supervisor’s meeting. Ziegler-Aye, Turner-Aye, Stasiki-Aye. Motion passed.

Mr. Bob Campbell presented the Engineer’s Report.

1. Weis Markets/Centro Properties – See Engineer’s and Solicitor’s Reports. Conditional PaDot permit granted pending easement agreements for widening at intersection of Rt73 and Montgomery Ave. List of Improvements has been finalized.
2. BUI/Jordan Drive Subdivision – See Engineer’s and Solicitor’s Reports. Conditionally approved at the September 15, 2008 meeting. Resolution approved at October 6, 2008 meeting. Resubmission received October 21, 2008. Review letter dated November 3, 2008.
3. Windemere Subdivision – See Engineer’s and Solicitor’s Reports. List of improvements has been approved.
4. Hollenbach – Warehouse Expansion – See Engineer’s and Solicitor’s Reports. Conditionally approved at the May 5, 2008 Supervisors meeting. Final plans and financial security request have not been received.
5. Hallowell (Danny Jake) – See Engineer’s and Solicitor’s Reports. Received latest plan revision dated September 2008 along with the list of improvements. The List of Improvements has been finalized.
6. Zern Property – Developer prepared a presentation for the Planning Commission on December 10, 2009.
Staff meeting on Wednesday, February 3, 2010 to review potential traffic issues.
7. AAA – Dunkin Donuts – See Engineer’s and Solicitor’s Reports. Site construction is continuing.
Provided letter dated December 18, 2009 regarding guide rail along the back of the lot near the drive-
thru.
8. Cobblestone Crossing – Phase III– Developer is continuing residential building construction.
9. Hartford Retail – Giant (Douglass Town Center): Developer is going to be providing a survey of County
Line Road to determine actual sight distances. Storm water and building construction is on-going.
There have been reports that the traffic signal at the Giant goes into flash mode and he will set up a
meeting with the signal installer to see if we can get this straightened out.
Mr. Brumwell asked what is the reason that there were bullards across Countyline Road, Mr. Heydt and Mr. Campbell replied that the electric company was out there working on the poles and placed safety cones around the area. Mr. Ziegler asked Mr. Campbell how everything was coming along out at the Giant, Bob replied that the biggest issue right now is the traffic signal, some adjustments need to be made as with the site distance to make it safer. The site itself is coming along very well the developer is pushing for an April completion date.
10. Smith Road Bridge – Received Permit on July 9, 2009. Latest plans have been delivered to the
developer.

A motion was made to accept the Engineer’s Report by Mr. Turner, seconded by Mr. Ziegler. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Mr. Markofski presented the Solicitor’s Report.

Mr. Markofski stated that he will only report on items being actively pursued and reviewed.
1. Donnelly Tract/Dienno Tract – Open Space – The acquisition of the subject open space tracts will be thoroughly investigated for available funding.
2. Summerhill Subdivision – On December 4, 2009 our Township Manager, Peter J. Hiryak, advised the Summer Hill Homeowners Association of their responsibility for snow and ice removal from sidewalks located on their premises. The Township received correspondence from Allen M. Mandelbaum, Esquire, attorney for Summer Hill Homeowner’s Association. He advised that Summer Hill had conveyed the open space back to Gambone Bros. Development Co., and, in so doing, no longer maintained any legal obligation or other responsibility for the open space. Correspondence dated January 29, 2010 was sent to Gambone Bros. Development Co. advising the corporation to take some legal step to resolve the issue of who should be holding legal title to these open space areas. It was made clear that the Township would be, otherwise, required to proceed against the legal owner of the premises.
3. Windemere – 131 Niantic Road – A final draft of the developer’s agreement will be distributed
this week and finalized by the end of the month.
4. Attorney General Review of Douglass Township Ordinance No. 2009-02.
(Ordinance pertaining to notification of biosolid application) A letter of representation will be
sent to the Attorney General’s Office advising that we await their response to correspondence
from our former Solicitor dated December 20, 2009. Mr. Markofski will send a letter to the
Attorney Generals Office indicating that he is now the Solicitor for the Township.
5. Uniform Construction Code - We have received the new Uniform Construction Code books
and find that no action is required to update our ordinance. Mr. Heydt has reviewed the
information.
6. Parking Ordinance – This proposed ordinance will be submitted to the Planning Agency for
final review on February 11, 2010.

Mr. Brumwell asked the Solicitor if any progress was made in getting any files from Mr. Sager, Mr. Markofski replied that nothing has changed as of now. Mr. Markofski stated that this is not an uncommon situation in other Municipalities when a change in the Attorney occurs. Mr. Markofski at this point needs more information as far as the Hunsicker Farm, Mr. Turner stated to let him know what is needed and he will look into it.

A resident asked for a thumbnail sketch of the Hunsicker situation. The Manager stated that the Hunsicker Farm is on Miller Road and basically he has applied to the PADEP to put biosolids (treated sewage) on his property and he has been permitted to do this, there has been some strong smells associated with it and the residents in that area have a problem with it. The Township over a period of years has attempted to appeal the permit, restrict the permit to alleviate the problem, even if was only to give the residents some notice as to when biosolids would be applied. Part of the problem is that the biosolids are stored on the farm for a time until it can be applied to the fields. The Township attempted to pass an Ordinance to restrict this application and the Ordinance is being appealed saying that the Township can not restrict farming activities in an agricultural area. Mr. Turner added that it first started as paunch manure (stomach contents of slaughtered animals) from MOPAC that was being applied or stored in the fields. The smells and bugs from this application was unbearable to area residents and some schools. Mr. Markofski stated that he plans to find out what objections the Attorney Generals Office has in reference to this Ordinance, maybe some minor changes would suffice.

Mr. Theil noted that some of the developments were removed from the minutes and he was told that it might have some impact on the 209 fees by removing them. When the developer starts action again it will put them in a different category – maybe that would be something to look at, Mr. Markofski stated that he will certainly review this. Mr. Theil also stated that he found some information on the website about Hunsicker Farm, how much is on the website, the Manager replied that he is not quite sure how much info is on the website probably info about the Nutrient Act but the general file is not on the website.

Mr. Wynne wondered, as far as the Summer Hill Open Space problem, if there was some legal loophole with the open space that we should address so this does not occur in future developments. Mr. Turner stated that we have covered as much as we can cover, all parties have been contacted it can not fall back onto the Townships responsibility. Mr. Markofski is waiting for a timely response from the Gambone Brothers Co., if they do not respond he will be calling them to find out if they are pursuing a solution.

Mr. Link stated that as far as the Hunsicker Farm problem why can’t we enforce the Clean Air Act, Mr. Turner stated that it would again fall under PADEP, the Manager stated that this area is also part of the Agricultural Secure Area which limits enforcement of certain things.

A motion was made to accept the Solicitor’s Report by Mr. Turner, seconded by Mr. Ziegler. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Mike Heydt presented the Highway Report.
1. Salted Roads.
2. Cleaned trucks after salting roads.
3. Cut up trees from windstorms.
4. Filled potholes on dirt roads.
5. Fixed potholes.
6. Worked on the gutter at Grosser and Cross roads.
7. Trimmed trees on North Hills Road..
8. Worked on monitoring wells.
9. Fixed bearings on the snowplow wheels.

A motion was made to accept the Highway Report by Mr. Turner, seconded by Mr. Ziegler. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Pete Hiryak reviewed the Manager’s Report.

1. The Manager reviewed the upcoming meetings as follows: Staff Meeting, Wednesday, February 3rd @ 10:00am, Danny Jake (Zern Tract)-Traffic Issues. Planning Agency Meeting Thursday, February 11th @ 7:00pm. Board of Supervisors Meeting Tuesday, February 16th @ 7:30pm. Zoning Hearing Board Tuesday, February 23rd @ 7pm – Reorganization and T-Mobile Cell Phone Tower on Twin Ponds Golf Course.
2. Correspondence – BMMA – 2009 Financial Report – Copies to Board of Supervisors and Treasurer. Redding vs. Douglass Township – Singned Agreement and Release Received. The insurance settlement was $250,000.00. Letter from Retired Police Officer Thanhauser – Re: Health Benefits for Retirees for review by Board of Supervisors. Pennsylvania Open Records Office – Letter stating a response is due by February 8th for Open Records request, Mr. Theil requested to review the recording from the December 10th, 2009 Planning Agency Meeting and a copy of Mr. Stasiks health insurance request -Mr. Turner stated that Mr. Stasiks letter was not an issue nor is the Planning Agency tape unless he hears an objection, no objection was made, Mr. Turner instructed the Manager to make the letter and the tape available for Mr. Theil to review. The Manager then asked Mr. Theil to contact him as to a time when he is available to review the tape. The Board asked Mr. Theil why he was interested in reviewing the tape and did he have a specific reason to do so, Mr. Theil replied that it was his constitutional right to listen to a tape of a public meeting.
The Manager stated that a lot of time has been spent on reviewing past information for some requests that go back many years, it is not a quick process it takes time and sometimes we seek legal counsel for advice on some requests which can push it out to the 30 day limit which is procedure. Mr. Theil stated that the Open Records Board in Harrisburg is looking into establishing fees to recoup costs for Townships researching files.

Mr. Mickletz asked the Manager if the Township has a height limit as far as antennaes, the Manager replied that he thinks that it is 50 feet but the Cell Phone Tower is well above that. Mr. Mickletz asked why the Township dropped the e-mail addresses on the website, the Manager replied that he was not aware of that and he will check into it.
3. Open Space/Revitalization Committees. As far as the appointments to the Open Space Committee the Board tabled these appointments at this time.
A motion was made by Mr. Turner, seconded by Mr. Stasik to appoint Fred Ziegler as the representative of the Board of Supervisors attending the Revitalization Committee meetings. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

A motion was made by Mr. Turner, seconded by Mr. Ziegler to appoint Tom Wynne as Chairman, John Sartor, Bill Zern, Tom Yarnall, Tim Miller, Scott Moyer to the Revitalization Committee, along with two more people to be named at a later date, the meetings will be scheduled with Tom Wynne and the Manager, and all meetings will be here at the Township building. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Public Comment

Ron Ebert commented that residents with concerns should attend Township meetings to discuss these concerns, get them out in the open and finish it, not bring dead issues up in the newspaper day after day. Mr. Theil stated that the letter was sent 10 days before the meeting, the paper printed it when they got to it.

A resident commented that he thinks the Township should renegotiate the insurance for the non-uniform employees. With the savings, the Township could hire another Police Officer, the Manager replied that the insurance policies are reviewed every year however, the Police make up two thirds of the insurance puzzle, there are 10 Officers and 5 Retired Officers on the PC5 Plan. Mr. Turner commented that the level of insurance (Independence Blue Cross Personal Choice 5) for the Police is under contract and cannot be renegotiated until the end of that contract which is 2011 and as he stated at the last meeting going to another insurance company would lower the level of coverage, but this will be looked at before the October renewal date. Mr. Brumwell stated that fulltime employees deserve that best coverage possible. Mr. Brumwell also stated his concerns from the last meeting on the request of individual Police Officers monthly statistics, this should not be a public report, Mr. Turner commented that he is not looking for a quota system he just wants to see what is happening on a monthly basis for the Supervisors review only. Mr. Carl Hiryak stated that he is all for keeping the costs down however the fact is that we have very good Township employees and we have morale to think about. I don’t think we should interfere with the morale and dedication of our employees just to save a couple of dollars. Mr. Link stated that non-uniform employees did not receive a raise this year so at this point he does not feel that we should mess with their health insurance, especially since we will be renegotiating the health insurance for 2011. Mr. Turner concurred.

Mr. Theil mentioned about the excessive Solicitor fees at BMMA. The Supervisors appoint members to various boards and committees and BMMA’s fiscal constraints are very important responsibilities for the Board to consider. Mr. Turner replied, that is to be discussed at a BMMA meeting not at a Douglass Township meeting.

Old Business or New Business

Mr. John Ambrusch was not available tonight for an Emergency Operatons Plan update, the Manager will contact him as to his availability for the next meeting. The Manger stated that the Township has just been contacted that the THP Property on Smith Road (Berwind II) will be going to Sheriff Sale on February 24th, 2010 at 1:00pm at the Courthouse in Norristown. The property consists of approximately 75 acres and the court judgment is for 5.7 million with interest. Also the Manager stated to Mr. Pritchard that he will discuss a meeting date with him. Mr. Turner stated to the Manager that to make it clear THP owes the Township nothing so we do not have to file anything, the Manager stated that they had submitted a sketch plan but had paid all of their bills so they owe the Township nothing.

A motion was made by Mr. Ziegler to adjourn the meeting, seconded by Mr. Turner. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

The next Board of Supervisor’s meeting will be held on Tuesday, February 16th, 2010 at 7:30 pm.

Respectfully submitted by,


Marcy Meitzler
 

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