BOARD OF SUPERVISORS
                                                                      April 05, 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 26 residents.

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

Mr. Turner led the Pledge of Allegiance to the flag. Mr. Turner asked if there were any questions, comments, or changes as far as the minutes of March 15th, 2010 from the Board or the public. No one replied.

On motion by Mr. Turner, seconded by Mr. Stasik, the Board approved the minutes of the March 15th, 2010 Board of Supervisor’s meeting. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Recycling Department/Rick Smith – Flag Retirement Collection Boxes
Chief Smith stated that in September he was asked if there was something needed that could be done to satisfy service hours for a Boy Scout Project, after some consideration Chief Smith suggested that we could use flag retirement collection boxes for disposal of American flags. A.D. Moyer Lumber donated the materials for 2 flag boxes, one is stationed at the Gilbertsville Fire Company and the other flag box is stationed at the Recycling Center, Chief Smith announced that the first official Flag Burning Ceremony will be on June 6th, 2010. The young gentleman involved with this project is Joey Henninger of Boy Scout Troop 99. At this time Chief Smith introduced Mr. E. J. Henninger and his son Joey, Mr. Henninger thanked Chief Smith and the Fire Company for the project, Joey Henninger presented Chairman Turner with a plaque that states “Flag Retirement Collection Boxes presented to Douglass Township. Built by Joey Henninger of Boy Scout Troop 99. In Coordination with the Gilbertsville Fire & Rescue Company. Materials Donated by A. D. Moyer Lumber.” The Board commended Joey on an excellent job. Chief Smith then introduced his officers from Gilbertsville Fire & Rescue. Andrew Duncan, Assistant Chief, Kris Hammill, Deputy Chief, and Eric Bauer, Chief Engineer.

Mr. Bob Campbell presented the Engineer’s Report.

1. BUI/Jordan Drive Subdivision – 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.
2. Windemere Subdivision – Awaiting execution of Developer’s Agreement.
3. Hollenbach – Warehouse Expansion – Conditionally approved at the May 5, 2008 Supervisors meeting. Final plans and financial security request have not been received.
4. Hallowell (Danny Jake) – Received latest plan revision dated September 2008 along with the list of improvements. The List of Improvements has been finalized.
5. 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.
6. 400 Gilbertsville Road – Presented a sketch plan for a 10 lot subdivision to the Planning
Commission on March 11, 2010.
7. AAA-Dunkin Donuts-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): Agreed to a plan to resolve the sight distance
issues. Currently being installed by the Contractor.
10. Smith Road Bridge – Received Permit on July 9, 2009. Solicitor issued letter providing a
mandatory Start of Construction date.
Mr. Turner asked if anyone had any questions for the Engineer. Mr. Ziegler asked when the Giant is expecting to open up, the Engineer replied April 28th, 2010. Mr. Sell asked if the signal is working properly at the Giant, the Engineer replied that it seems to be working correctly, he will continue to monitor it and the road is being paved today. The Engineer will survey the site distance areas next week and the Developer will be responsible to survey it this week. There were no other questions for the Engineer.

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

Mr. Markofski presented the Solicitor’s Report.
1. Staff Meeting – I attended a meeting on March 29th with Supervisor Ziegler, Manager Peter Hiryak, Planning Solicitor Garner, John Cover from MCPC, Tom Wynne, Ed Reitz, John Sartor, and Hannah Mazzaccaro from MCPC to discuss the overlay zoning ordinance which is being proposed by the Planning Agency for the Rt. 100 Corridor. We discussed various options to meet the concerns of Township and County planners. Solicitor Garner explained that his proposal was just an initial effort to address the Township’s goals for development in the corridor. It was decided that further investigation was necessary in order to assess potential costs of improvements.

2. Donnelly Tract/Summerhill Homeowner’s Dispute - I spoke to Allen Mandelbaum, Attorney
for the Summerhill Homeowner’s Association. He outlined Summerhill’s case and provided
documentation regarding their position. I forwarded his subsequent documentation and
exhibits to members of the Board. He described his exhibits as follows:

Public Offering Statement Blowup of Notes on the Master Plan
Declaration of Planned Community Memo of Fee in Lieu of Open Space ($121,500)
Supervisors Meeting Note of Feb 1999 Mr. Sager’s Report to the BOS in June 2007
Development Diagram Letter RE: Cash of $121,500 in Lieu of Open Space
December 1997 Township Minutes

I have decided to review these exhibits with our Township Manager in the next two weeks.
Most of this material has been discussed in the past. I advised Mr. Mandelbaum that the
Township’s position was unchanged and that the Court would, in all likelihood, be required
to resolve this dispute.

3. Windemere – 131 Niantic Road – The developer, John Lee, Engineer Bob Campbell,
Township Manager Pete Hiryak, and the undersigned met on March 19, 2010 to finalize the
land development agreements for the Windemere development which are now in final draft
form and presented to the Board for execution. The Board asked the Engineer if everything
was in order as far as he is concerned, the Engineer replied that the condition of agreement
for Pennoni Associates Inc. is to receive a copy of the signed plans. Mr. Lee agreed. The
Manager stated the legal fees & engineering fees, payable to the Township, to date are
$9,525.81, the Township is holding in escrow the amount of $878.39, payment is needed
before the approved and signed Developer’s Agreement (which includes the Stormwater
Management Agreement, Financial Security Agreement, and Maintenance Agreement)
papers are to be released. Mr. Lee stated that he will call to make arrangements with the
Manager for a date and time to pick up paperwork and deliver the check for legal &
engineering fees.

A motion was made by Mr. Ziegler, seconded by Mr. Turner to approve and sign the Developer’s Agreement for the Windemere Subdivision under the condition that the paperwork will not be released until Mr. Lee pays all legal & engineering fees of $9,525.81. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

4. Amendment Process for Pottstown Metropolitan Regional Comprehensive Plan and
Intergovernmental Cooperative Implementation Agreement. At this point the Public Hearing
was opened for discussion: The proposals which were submitted by the Montgomery County
Planning Commission for review and adoption this evening fall into two amendments: The first
Amendment is a land use change in Upper Pottsgrove Township, 15 acres of ground presently
zoned Residential will be changed to Regional Commerce, the proposed use is a Sonic Burger
Restaurant and a medium sized Hotel. The location of this proposed change is directly north and
east of the Upland Square Shopping Center. The second Amendment is a land use change in West
Pottsgrove Township, 20 acres of ground presently zoned Rural, will be changed to Retail, the
proposed use is a box type large retail store. The location of this proposed change is directly
north of the Upland Square Shopping Center.

These land use changes can be adopted by all the members of the Pottstown Metropolitan
Regional Planning Committee by Resolution.

Also reviewed was an Amendment to the Intergovernmental Cooperative Implementation
Agreement that changes the definition of “General Consistency” found within Section 4 of the
Agreement. The intent of this amendment is to grant further flexibility to different types of
developments both Residential and Non-Residential that can be considered beneficial to the
Pottstown Metropolitan Region, but exceed the stated density and intensity criteria found within
the Pottstown Metropolitan Regional Comprehensive Plan.

This definition change can be adopted by all the members of the Pottstown Metropolitan Regional
Planning Committee by Ordinance.

Copies of the proposed Amendments were distributed to the public. The Chairman opened the floor for questions or comments regarding these Amendments. Mr. Reitz of the Douglass Township Planning Agency stated that the consensus of the Planning Agency Members was that this allowed more flexibility for development. Hearing no further comments the Chairman closed the public hearing.

A motion was made by Mr. Turner, seconded by Mr. Stasik to approve by Resolution the changes to the land use plans for Upper Pottsgrove and West Pottsgrove Townships. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

A motion was made by Mr. Turner, seconded by Mr. Stasik to approve by Ordinance the definition change “General Consistency” to the Intergovernmental Cooperative Agreement. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

5. Attorney General Review of Douglass Township Ordinance No. 2009-02
(Ordinance pertaining to notification of biosolid application)
No response has been received to date.

Applications which are pending but inactive: Danny Jake Hallowell – 2 years inactive, Cobblestone Commons – 1 year inactive, Weis Markets – 6 months inactive, BUI/Jordan Drive – 1-1/2 years inactive, Danny Jake/Zern Tract – Review by Planning Agency.

Mr. Turner asked if there were any questions for the Solicitor, Mr. Theil asked if Mr. Markofski reviewed the newspaper article that he sent him about the Sunshine Law (Open Space & Planning Agency Workshops) and do they fall under that law. Mr. Markofski stated that he did not have a chance to review the article, but he will review it. Mr. Ziegler stated that he wanted to cancel the Revitalization Meeting scheduled for April 8th, 2010 because he did not want to be in violation of any law. Mr. Markofski asked Mr. Theil how do you think this is in violation of the Sunshine Law, Mr. Theil said that if they discuss anything at a meeting the same subject matter must be discussed at the next Supervisors Meeting. The Board asked the Solicitor to review the Sunshine Law, Mr. Turner asked the Manager to call PSATS to get a clarification of the Sunshine Law. Mr. Theil stated that the State Legislation amended the penalty clause, it would be something to look in to, Mr. Markofski agreed. Mr. Turner asked if there were any other questions for the Solicitor, no one replied.

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

Mike Heydt presented the Highway Report.
Mr. Heydt stated that they put all snow equipment away, repaired potholes on Oberholtzer Road, Swinehart Road, Martin Ave, and Mensch Lane, replaced street signs, repaired dirt roads and they have one more day of work to finish up dirt road repairs, changed stop signs to High Density, cleaned inlets in the event of rain. Andrew mulched at the Township Office and started to mow the park areas, and they cleaned up trees from windstorm. Mr. Turner asked if there were any questions for the Roadmaster, Mr. Ziegler asked who is mowing the park, the Roadmaster replied Andy is mowing, Mr. Ziegler asked who picks up the sticks, Andy replied I am. Mr. Ziegler cautioned to watch out for the large sticks it could severely damage the mower. There were no other questions for the Roadmaster.

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: Revitalization Meeting, Thursday, April 8th @ 6pm, the Board of Supervisors instructed the Manager to cancel this meeting until the Sunshine Law has been reviewed. Meeting with PennDot on Thursday, April 8th @10:00am, the Board of Supervisors instructed the Manager to cancel this meeting until the Sunshine Law has been reviewed. Planning Agency Meeting Thursday, April 8th @ 7pm. Board of Supervisors Meeting, Monday, April 19th @ 7:30om.
2. Correspondence – Parking Ordinance– Letter from Solicitor Chuck Garner. The Manager stated that the Board has received the final draft of this ordinance if they wish to further review it or make a motion to approve advertisement of the ordinance. Mr. Turner stated that the parking spaces were made smaller, and the number of spaces in retail was decreased. Mr. Reitz stated that the number of store parking spaces was cut down. Mr. Carl Hiryak stated that it is hard enough to get out of your car, now you have less room in the spaces. Someone asked if provisions were made for motorcycles, the Engineer responded no and that typically throughout the area parking spaces are now 9’x18’. Mrs. Norton asked what if you have a 22ft long truck; you won’t be able to park anywhere. The Manager stated that the last Commercial Project had to go for a variance for parking, therefore the County tried to clean up parking issues through an Ordinance. Mr. Campbell stated that the Planning Agency is in favor of Green Design, there are no provisions for large trucks. Mr. Link asked if it possible to divide this ordinance on the Commercial parking. Mr. Markofski suggested just rewording the Commercial parking section. Mr. Turner and the other Board members agreed to send the Parking Ordinance back to the Planning Agency for consideration of changing the parking space sizes from 9’x18’ to 10’x20’.
3. Municipal Drive Water Test Results – The Manager stated that the Township received the test results
from Suburban Water for the properties directly surrounding the Township’s Highway Department. It was
determined that there is no fuel contamination leaving the site as a result of a gas leak over twenty years
ago. It is highly unlikely if there is no fuel contamination of the underground water, that the leaf recycling
activities or stored mulch piles are contaminating a well across the street from the Highway Department.
Mr. Ziegler stated that one of the neighbors has a cesspool on the property that was never properly closed,
this cesspool is located about 15 feet from the Diachynsky's property line. Mr. Heydt stated that cesspools
are handled by Montgomery County Health Department, Mr. Ziegler instructed Mr. Heydt to contact the
Montgomery County Health Department. The filtration system installed inside the Diachynsky's house
cleared up the water inside but the outside faucet is still bad. Mr. Heydt stated that the only other resident
that contacted him about the water was Mrs. Evans and they had a filtration system installed. Mr. Link
stated that the well casing is probably not deep enough causing deterioration, he experienced a similar
problem, he knows of a company that puts a new casing inside the old one and it is inserted past the old
casing and it seals itself, it fixes the problem.
A motion was made to accept the Manager’s Report by Mr. Turner, seconded by Mr. Stasik. Turner-Aye, Ziegler-Aye, Stasik-Aye. Motion passed.

Public Comment
Mr. Pritchard asked why the meeting with PennDot is cancelled; Mr. Ziegler stated that we need a legal decision on the Sunshine Law before the PennDot meeting can happen. Mr. Pritchard complained about the oversized loads that damage the overhead lights and no one reports it to the Township or Police Department. Chief Templin stated that the State Police is not supplying the information to the Police Department. One of the Officers from Fire & Rescue responded that District 6 might be able to help with that information. Mr. Turner asked Chief Templin to look into it. Mr. Pritchard stated that we have to babysit our properties because we have to physically see the damage happen in order to report it. Mr. Yarnall stated that Met-Ed doesn’t have their wires at the right height. Mr. Nelson McCoorry, representing Mr. Dienno, sent a letter to the Board and is requesting a staff meeting concerning the Dienno Tract. Mr. Ziegler stated again that this will have to wait until the clarification of the Sunshine Law. Mrs. Wanda Wilson addressed the Board with a brief statement encouraging the Township residents to attend the next Gilbertsville Community Ambulance meeting on Wednesday, April 14th at 6:30pm at 91 Jackson Rd, Gilbertsville, she is questioning the hiring practices of the Board of Directors of the Gilbertsville Area Ambulance Service. Mr. Turner asked if there was anything more for public comment, no one replied.

Old Business/New Business
Mr. Turner asked if there is anything for old business or new business. Mr. Sell asked Mr. Theil to allow the Solicitor and the Board of Supervisors to do their jobs, what are you trying to accomplish, Mr. Theil replied that he is looking for open government. Mr. Ziegler stated I move that the Township retain the services of Frank R. Bartle of Dischell, Bartle, Yanoff & Dooley Law Offices, Lansdale, PA as conflict counsel for certain matters and/or special counsel for the Township at the hourly rate of $130.00. Matters shall be assigned to Mr. Bartle through the office of the Township Manager. Mr. Markfoski stated that it is not unusual for Township’s to have Conflict Counsel. There were no other comments.

A motion was made by Mr. Ziegler, seconded by Mr. Turner to retain the services of Frank R. Bartle of Dischell, Bartle, Yanoff & Dooley Law Offices, Lansdale, PA as Conflict Counsel for certain matters and/or special counsel for the Township at the hourly rate of $130. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

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

The next Board of Supervisor’s meeting will be held on Monday, April 19th, 2010 at 7:30 pm.

Respectfully submitted by,


Marcy Meitzler
 

back to meeting minutes