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BOARD OF SUPERVISORS
April 19, 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, Bob Campbell, Cynthia O’Donnell, Pete
Hiryak, Mike Heydt, Chief Templin, and 26 residents.
Mr. Turner led the Pledge of Allegiance to the flag.
Mr. Theil announced that he will be taping tonight’s proceedings.
Mr. Turner welcomed Boy Scout Brian Van Dyke from Troop 367 and stated that he
is attending tonight’s meeting as part of the requirements toward his Citizen &
Community Merit Badge.
Mr. Turner asked if there were any changes or corrections to the minutes, no one
replied.
On motion by Mr. Turner, seconded by Mr. Stasik, the Board approved the minutes
of the April 5th, 2010 Board of Supervisor’s meeting. Ziegler-Aye, Turner-Aye,
Stasik-Aye. Motion passed.
A written report was submitted by the Gilbertsville Ambulance – Annual Easter
Flower Sale was held at the station on Friday, April 2nd & April 3rd, thank you
to all that supported our flower sale. The 2010 Gilbertsville Area Ambulance
Service Memberships are available. Please feel free to stop at the office
Mon-Fri 8-8:30 or you can call (610) 367-9191. The following is the total number
of calls we have been dispatched to Gilbertsville Area Community Ambulance
Service from 3/1/10-3/31/10: Bechtelsville Boro 1, Boyertown Boro 3,
Colebrookdale Township 1, District Township 1, Douglass Township 53, Lower
Frederick 1, New Hanover 31, Pennsburg 1, Pottstown 5, Upper Frederick 3, Upper
Hanover 1, West Pottsgrove 2, for a total of 103 calls.
Chief Templin presented the Police Report
Statistics for March 2010 are 407 incidents reported, 1,833 business checks, 7
reportable accidents, 10 non-reportable accidents, 17 criminal investigations, 3
criminal arrests, 216 traffic citations, 14 non-traffic citations, 2 parking
tickets, miles traveled 7,720. Monies received by the Township $4,670.33. The
Board members should have received the Officers individual statistics for the
month of March. Unfortunately we have had a rash of unlocked vehicles gone
through just recently and the suspects are taking G.P.S. units, loose change,
etc… I would like to urge everyone to lock their vehicle’s doors at night and
call “911” if you see or hear anything suspicious in your neighborhood. Chief
Templin stated that I would like the Board’s approval to go ahead and purchase a
2010 Ford Crown Victoria Police Interceptor; this would be purchased through
Warnock who is a CO-STARS program participant. If there are no vehicles in stock
or there is a special order, ordering a vehicle now will have a waiting period
of two to four months until pick up. This vehicle will be replacing 91-2 a 2006
Ford Crown Victoria Police Interceptor which currently has 87,491 miles. This
vehicle was budgeted for.
A motion was made by Mr. Ziegler, seconded by Mr. Turner for approval for Chief
Templin to purchase a 2010 Ford Crown Victoria Police Interceptor. Ziegler-Aye,
Turner-Aye, Stasik-Aye. Motion passed.
Mr. Turner asked if there were any questions for Chief Templin, a resident asked
what neighborhoods are the break- ins happening in, Chief Templin stated that it
has happened in Summer Hill and on Bow Lane and also in other Townships. There
were no other questions or comments for Chief Templin.
A motion to accept the Police Department Report was made by Mr. Turner, seconded
by Mr. Stasik. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.
Andrew Duncan presented the Recycling Report.
For the month of March 2010 we hauled one load of corrugated cardboard to
Reading, four loads of light iron scrap metal and one load of aluminum to
Pottstown. Curbside leaf collection was completed on Friday, April 16th, 2010.
We collected about one load of leaves for each week that we were out. There is
plenty of mulch still available. We are in the process of scheduling a roadside
trash cleanup for May 2010. The Recycling newsletter is in the process of being
printed. A lot of useful information will be included in this booklet. A motion
is needed to advertise and bid a 40x60 pole building as specified at the 2010
budget meeting. Approximate cost is about $24,000.00. Mr. Yarnall stated to make
sure that enough braces are installed in the building. Mr. Turner suggested that
possibly Mr. Wynne could review the specs before it is advertised for bid, Mr.
Duncan stated that he would get that information to Mr. Wynne for review.
A motion was made by Mr. Ziegler, seconded by Mr. Turner to advertise for bid
the specs for a 40’x60’ pole building. Ziegler-Aye, Turner-Aye, Stasik-Aye.
Motion passed.
A motion was made to accept the Recycling Report by Mr. Turner, seconded by Mr.
Stasik. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.
Mr. Ron Ebert presented the Gilbertsville Fire Co. #1 report.
Mr. Ebert stated that they had the Egg Hunt for Easter; approximately 100 kids
were present and received Easter baskets and candy. The Easter dinner went well.
The Banquet Hall is booked for the next several months. They will be painting
the downstairs banquet hall. In May the will have a Mother’s Day Dinner.
A motion to accept the Gilbertsville Fire Co. #1 report was made by Mr. Turner,
seconded by Mr. Ziegler. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.
Ricky Smith presented the Gilbertsville Fire & Rescue Report.
Fire report for March 2010: 1 brush/trash fire, 2 wires, 1 fire alarms/CO2
alarms, 1 vehicle rescue, 1 Medivac Landing, 2 Fire Police, 3 assists to other
depts, and 3 investigations. Total of 14 calls. The Fire Company was in service
for 19 hours and 37 minutes. Three members are attending Fire Fighter 1 Classes.
Held a fundraiser providing food for the Boyertown Rod & Gun Club that raised
$500.00. We have held extensive weekly training on the new engine and hope to
have this truck in service in the next couple of weeks. We are still waiting on
a few necessary pieces of equipment before going into service. May 8th, 2010 we
will be attending Sassamansville Fire Co. Housing. On April 12th Chief Smith
went on a final walkthrough at Giant, the fire alarms were never put on line,
after correcting that, there was a glitch in the system as far as the address,
the address for Giant should be 173 Holly Rd, Boyertown, PA 19512, also in the
suites there were no exit doors in the rear of the stores. Mark John is
requiring them to install rear entrance doors. There is clarification needed on
the Burn Ordinance, the Fire Marshall enforces it, under what authority does
Chief Smith have authority to enforce this. Mr. Markofski was asked to review
the Burn Ordinance. Mr. Ziegler asked Chief Smith to leave May 8th open to be
present at the Trout Rodeo, Chief Smith stated that he will be at another
function that day but he will also be at the Rodeo.
A motion to accept the Gilbertsville Fire & Rescue report was made by Mr.
Turner, seconded by Mr. Stasik. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion
passed.
Mr. Charles Haddad presented the Trustee’s Report.
Water – Last month I mentioned AIG wanted to explore the possibility of drilling
a deep well to supply GFC water instead of GFC using Superior Water Co. and
having AIG pay for the water. AIG contacted the PADEP and DEP denied the request
to have a well or wells drilled on GFC property. Accordingly, we are back to
negotiating a fixed amount of settlement and how to structure the settlement.
Quarterly Financial Statements – The quarterly financial statements for GFC have
been completed with copies distributed to the officers of GFC and F&R. Copies
for the Supervisors are available from me or Cindy. I have requested F&R
officers to make the financial statements of F&R including BINGO with the
detailed transactions of the check register available to me and Cindy O’Donnell.
F&R uses a CPA firm for its financial statements and now that we have passed the
April 15th tax date, the statements will be forthcoming. I do want to comment on
the quarterly statements of GFC. The quarterly results are in line with the
budget in that the operations of the social hall are at a breakeven with the
Pull Tab profits making cash available. It has not been the best of times to be
in the food and liquor business, so holding a breakeven in operations is a
positive sign. The balance sheet of GFC has a positive cash balance which, if it
holds for April, I shall meet with the GFC officers to disburse a portion of
that cash to pay down the line of credit loan at Haleysville Bank. I mentioned
at a previous monthly meeting of the Supervisors that in my judgment F&R has
adequate operating funds and equipment funds so that as cash becomes available
of paying down the debt has met with a response last week F&R that unlike the
previous trustee, I am not making cash payments from GFC to F&R. I may be a bit
sensitive to that criticism but I find it difficult to accept that comment
without responding to that writer that the reason cash payments were able to be
made to F&R is that the trustee borrowed the money and indebted GFC to a $44,000
loan. I stopped monthly payments from GFC to F&R in the amount of $850 to apply
that payment to F&R to the bank loan reduction. Lease Payments – In January I
met with the officers of F&R and their attorney, Bernie Heinze and outlined the
lease plan of a monthly payment of $3,000 from F&R to GFC and a $300 hall rental
payment from BINGO to GFC for each night of Bingo. GFC in turn would donate the
rent money back to F&R. The purpose of this lease arrangement is to quantify the
value received by F&R and BINGO for the use of the space. I also outlined this
plan at the January Board meeting of the Supervisors and at the various monthly
meetings of GFC and F&R. A. GFC has signed the lease with the Trustee. B. The
Salvation Army has agreed to the $100 monthly rent and return of $100 to them as
a donation. C. BINGO, through Dot Agliano refused to accept the invoice and
tossed it back at Ron Ebert of GFC. D. F&R is waiting for a review of the lease
agreement between GFC and F&R by their attorney who has had a month to review
the lease and knew the terms since the January meeting.. Perhaps the most
disturbing aspect of this lease arrangement is the suggestion recently made by
F&R that this arrangement may be a “money laundering scheme” that may violate
IRS regulations. Money laundering is “concealing the source of illegally gotten
money.” All I am trying to do is to quantify the value of that which is being
provided to F&R and the BINGO operation by providing them space. Money
laundering it is not. Mr. Haddad stated that he would like the Board to allow
Chief Smith time to respond to this if he so chooses. Chief Smith asked to
respond, he stated that the Court Order said that no funds shall be used to pay
operational expenses for #1. The past Trustee transferred $15,000 to pay the
liquor license, why don’t we go after Hildebrand, we should address it. Our
attorney advised us not to sign the lease agreements and our accountant also
advised us not to sign. Everytime money is taken from F&R we never get it back.
Mr. Ziegler asked Chief Smith with him being actively involved with the Fire
Company how do you feel about any wrong doing by Hildebrand, Chief Smith replied
my gut feeling is yes there was wrong doing. Too many people changes with new
thoughts are happening, the only reason we are still standing is because of the
work of the ladies and it’s a dying breed, no one wants to volunteer anymore.
Mr. Ziegler stated that he wants to resolve these issues between F&R and Fire Co
#1. There was a discussion as to who would attend the meeting. Carl Hiryak asked
who would pay the legal fees if we pursued this, Chief Smith stated that
Hildebrand acted wrongly; he would have to pay the costs. Carl Hiryak stated who
would start paying the fees – the residents. The Township Treasurer, Ms.
O’Donnell stated that you could never get answers from Mr. Hildebrand; she
believes that he did nothing illegal he was just incompetent and when we tried
to release Mr. Hildebrand from Trustee it was F&R that did not want him
released. Ms. O’Donnell stated that the point of the Leases was to quantify the
process. It was agreed that a meeting would be set up between F& R, GFC, the
Trustee, Charles Haddad, and Mr. Ziegler prior to the Board of Supervisors
Meeting on Monday May 3rd, 2010 at 6:30pm. At this time Solicitor Markofski gave
his opinion on the Sunshine Law.
Sunshine Law Overview
(response to query from Fred Theil)
Mr. Markofski stated that under the Sunshine Act, committees under an agency
like the Board of Supervisors who are authorized to take official action or
render advice to the Board are, themselves agencies subject to the requirements
of the Sunshine Act. Any time a quorum of such a committee meets to deliberate
agency business or take official action, they must do so at a public meeting
unless one of the executive session exceptions applies. So who is subject to the
Sunshine Act in Douglass Township other than the Board of Supervisors? This
would include the Douglass Township Zoning Hearing Board, Planning Agency,
Planning Commission Workshops which include Signage, Green Building Ordinance,
TDR, Philadelphia Avenue Bypass, Sketch Plan Ordinance, and the Renters
Ordinance Workshop. Douglass Township Committees created by the Board of
Supervisors including Open Space, Revitalization, Act 209 Committee,
International Construction Code Appeals Board, and the Agricultural Secure Board
are all subject to the Sunshine Law. As such, they must hold advertised meetings
that are open to the public and they must take minutes of their meetings. A
meeting which includes a Supervisor, a representative of PennDot, members of the
public and others to discuss the traffic on Philadelphia Avenue would not be
subject to the Sunshine Act. Although the law requires deliberations be held at
meetings open to the public, informational meetings at which one supervisor
briefs his fellow board members on various matters may be conducted in private.
As long as one supervisor is simply communicating information to another
supervisor, the meeting is considered informational only and, therefore, not
subject to Sunshine Law. Although “official action” must take place at an open
public meeting, township officials may take “administrative action” in private.
This would include the execution of policies that were previously adopted by the
Board at an open public meeting. For example, if a supervisor or committee
member is carrying out a project which was voted on at a public meeting, he may
discuss the carrying out of that project with others, including other Board
members or committee members, without doing so in a public meeting. For the
record, the Sunshine Act defines “official acts” as recommendations made by an
agency pursuant to stature, ordinance or executive order, the establishment of
policy by an agency; decisions on agency business; and/or a vote on any motion,
proposal, resolution, rule, regulation, ordinance, or report. As to the minutes
that are required at a meeting, the Sunshine Law requires minutes to include the
date, time and place of the meeting, the names of the members present; the
substance of all official actions, a record of any roll call votes taken by
individual board members and the names of all citizens who appeared officially
and the subject of their comments. The following meetings may be closed-door
sessions: Executive Sessions – Township officials must announce the reason for
holding an executive session at an open meeting held immediately before or after
the executive session. Supervisors may obviously not vote on any motion,
proposal, resolution, rule, regulation, ordinance or order during an executive
session. There is limit on the length of executive sessions. If the Board
expects the executive session to be lengthy and does not want to delay the
meeting, it may hold the session at a different time and location. Township
officials may attend private conferences at which deliberation of agency
business or official action do not occur. A conference is defined as a “training
program or seminar, informational in nature, relating to the responsibilities of
municipal officials.” Dates, times and locations of regular meetings must be
advertised at least once each calendar year. Notice of special meetings and
hearings must be given at least twenty-four (24) hours before the meeting or
hearing. The law does not require public notice for emergency meetings “called
for the purpose of dealing with a real or potential emergency involving a clear
and present danger to life or property.” Public notices must be given at least
twenty-four (24) hours of a rescheduled meeting or hearing. Mr. Wynne stated
that when workshops or committee meetings are held they never have a quorum and
they do not have a roll call vote. Mr. Ziegler stated that his understanding is
that the Open Space and Revitalization meetings can be held with only one
Supervisor present. After some differences of opinions of the Sunshine Law, Mr.
Turner asked for Mr. Markofski to speak to PSATS on this matter since we are
members of PSATS and this is their expertise.
A motion to set up a meeting between Fire & Rescue, Trustee Haddad, GFC #1, and
Mr. Ziegler to be held at the Township Building on May 3rd, 2010 at 6:30pm prior
to the start of the Board of Supervisors meeting was made by Mr. Ziegler,
seconded by Mr. Turner. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.
Mr. Turner asked if there were any questions for Mr. Haddad, Mr. Sell asked why
they won’t allow you to drill a well on the Fire Company property, Mr. Haddad
replied that it is a water contamination issue from the gas leak at Turkey Hill.
A motion to accept the Trustee’s Report was made by Mr. Turner, seconded by Mr.
Stasik. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.
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 – Percolation testing scheduled for April 22, 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- Site clearing for a road and associated
stormwater utilities.
9. Hartford Retail – Giant (Douglass Town Center): Reviewed sight distances as
constructed and they
appear to meet PennDot recommendations. A sight distance greater than 340-feet
is provided.
Preparing a final punchlist this week. Certificate of Occupancy has been issued
for Giant and
Hallmark. Scheduled opening date for the Giant is April 28, 2010.
10. Smith Road Bridge – Received Permit on July 9, 2009. Solicitor to issue
letter providing
a mandatory Start of Construction date.
11. Other – Stormwater mandate does not affect Douglass Township. According to
the
PADEP, the proposed regulations will affect Total Maximum Daily Load (TMDL)
stormwater runoff areas only. TMDL requirements are established and enforced by
the
US EPA and not the PADEP. Mr. Campbell stated that Creeks in Douglass Township
do not fall into this category.
Mr. Turner asked if anyone had any questions for the Engineer, no one replied.
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.
Attorney General Review of Douglass Township Ordinance No. 2009-02
A letter was received by M. Joel Bolstein, Esq. For the Daniel Hunsicker Farm
dated April 14, 2010. The letter suggested that the Township may have impeded
Mr. Hunsicker’s farming operations. I contacted Mr. Bolstein and advised him
that since my tenure as solicitor, Douglass Township has not harassed Mr.
Hunsicker or interfered with his farming operations in any way. I explained to
Mr. Bolstein that the only reason this matter has come up at all is that we are
addressing a challenge to our Ordinance from the Attorney General office. I
emphasized that the Township’s only interest in the Ordinance would be to ensure
that the Township be given sufficient information by PADEP to advise residents
whether or not their complaints were being investigated. I further advised that
we were seeking to meet with the Attorney General in an effort to amicably
resolve any problem with the Ordinance. I also advised Mr. Bolstein that public
comment at our meetings was beyond the control of the Board. I will be sending
Mr. Bolstein a formal response.
Applications which are pending but inactive:
Danny Jake – Hallowell inactive 2 years
Cobblestone Commons inactive 1 year
Weis Markets inactive 6 months
Bui Jordan Drive inactive 1-1/2 years
Mr. Turner asked if there were any questions for the Solicitor, no one replied.
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.
For the period of 4/5/10-4/19/10. Cut ditches along Specht Road and Buchert
Road. Swept up along all intersections in the Township. Repaired a water problem
on North Hills Road. Cleaned up the bank on Holly Drive at Giant. Repaired
potholes throughout the Township. Trimmed on North Hills Road. Repaired some
yard damage from winter plowing. Line painting was done. Mr. Turner asked if
there were any questions for the Roadmaster, no one replied.
A motion was made to accept the Highway Report by Mr. Turner, seconded by Mr.
Ziegler. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.
Mike Heydt presented the Zoning Department Report.
Building permits for March 2010 – 2 house permits for $2,211.65, 3 large permits
for $578.35, 8 small permits for $500.60, 2 driveway permits for $100.00 for a
total of $3,390.50. There were three occupancy permits and 40 inspections. Mr.
Turner asked if there were any questions for the Zoning Officer, Mr. Ziegler
asked what was going on with Conti & Stewart. Mr. Heydt replied that they are
working in Phase II for the road expansion into Phase III, nothing has been done
on Smith Road Bridge however they were given six months to start that project,
Solicitor Markofski agreed. No further questions were asked.
A motion was made to accept the Zoning Department Report by Mr. Turner, seconded
by Mr. Ziegler. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.
Cynthia O’Donnell presented the Treasurer’s Report.
1. Authorization to pay the bills. The unpaid bills totaled $177,580.18, this
included invoices for
salt that totaled $8,524.96, line painting (Alpha Space) for $9,875.38, the
Township and Tax
Collector Audit by Herbein for $11,050.00, half of the M.C. Planning Commission
fee for
$4,595.25, two months of Engineering fees by Pennoni (missed cutoff date last
month) for
$6,925.38, COG fee of $100.00, Police Radios by Scott Communications for
$7,549.40, and
the Police copier by Stratix Systems for $1,153.00.
Mr. Turner stated that he saw nothing unusual in the bills and he asked if
anyone had any questions, no one replied.
A motion to approve the bills was made by Mr. Turner, seconded by Mr. Ziegler.
Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.
2. The Treasurer asked for approval to make a budget amendment for the Police
Department to
purchase a warranty on the new police vehicle. This would involve taking
$2,530.00 from
account 410.374 (Vehicle and Equipment Repairs) and transferring it into account
410.740
(Capital Purchases-Equipment). Chief Templin stated that this would be a five
year, 75,000
mile warranty on the new police interceptor that he will be purchasing. Mr.
Turner stated that
he thought that the warranty investment would be well worth the money. Mr.
Turner asked if
there were any questions, no one replied.
A motion was made by Mr. Turner, seconded by Mr. Ziegler to approve a budget
amendment to take $2,530.00 from account 410.374 Vehicle and Equipment Repairs
and transferring it to account 410.740 Capital Purchases-Equipment in order to
purchase a five year, 75,000 mile warranty for the new police interceptor.
Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.
3. Act 32 Questionaire- The Treasurer asked for the Boards input on the Act 32
Questionaire for
tax collection committee (local earned income tax), this will be a Countywide
decision. In
regard to local services tax, the Treasurer stated that in her opinion she
filled out the no
change status, Mr. Turner stated that if there are no problems with the
collection why change
it. The Board was in agreement with the Treasurers opinion of not to change tax
collection
services for the local services tax.
Ms. O’Donnell informed the Board of Supervisors that Mr. Lee has not paid his
fees as of yet. The Manager stated to the Board at this time, nothing has been
released to Mr. Lee.
A motion to accept the Treasurer’s Report was made 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: Board of Supervisors
Meeting Monday, May 3rd @ 7:30pm. Planning Agency Meeting, Thursday, May 13th @
7pm. Pottstown Metro Regional Planning Wednesday, April 28th @ 7pm at OJR High
School.
2. Meeting Requests – The Board instructed the Manger to reschedule the PennDot
meeting, to set up Revitalization Meetings for the year, and to setup a Staff
Meeting for the Rt.100 Corridor Overlay District Ordinance. The Manager asked
who will attend the Gilbertsville Area Community Ambulance Meeting, Mr. Turner
stated that he will attend that meeting. A meeting request was made by Mr.
Dienno, the Manager was instructed to setup a meeting with Mr. Dienno, Nelson,
and Mr. Ziegler.
3. Parking Ordinance- The Manager stated that the Planning Agency Solicitor is
reviewing the language
before coming to the Board of Supervisors for possible approval.
Mr. Turner asked if anyone had any questions for the Manager, Mr. Ziegler
thanked the Manager for addressing the fireworks issue on Green Hill Road, and
also stated that they will not have fireworks, the resident has received the
letter.
A motion to accept the Manager’s Report was made by Mr. Turner, seconded by Mr.
Ziegler. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.
Public Comment
Mr. Link asked Solicitor Markofski to review what is allowed to be burned in
fire pits when he is reviewing the Burn Ordinance. Mr. Link thought that you had
to buy special logs to burn in pits. Carl Hiryak asked the Board how many legal
advisors is this Board going to use, and since when does the Planning Agency
Solicitor write Ordinances for us, the Manager replied that Mr. Sager wrote many
ordinances. Mr. Ziegler replied that staff asked Planning Agency Solicitor
Garner to write an Ordinance, Mr. Theil stated that if asked Garner and Bauer
would probably absorb the cost. Mr. Diachynsky thanked the Board for the help
they extended with his water issues.
Old Business or New Business
Mr. Renninger asked who polluted Diachynsky’s well, the Manager stated that this
was discussed at the last meeting and is in the minutes, reiterating that it was
determined that there is no fuel contamination leaving the site as a result of a
gas leak over twenty years ago, and if there is no fuel contamination of the
underground water, than it is highly unlikely that the leaf recycling activities
or stored mulch piles are contaminating the well water. Mr. Renninger asked if
the Diachynsky’s will pay back the money for the filtration system that was
installed, Mr. Ziegler replied when the final report is received the Board will
make a decision on that issue. Mr. Renninger asked if Mr. Ziegler ever came onto
his property about the Cesspool, Mr. Ziegler stated that he will never come on
his property for that; we have the Montgomery County Health Department to look
into that issue.
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 Monday, May 3rd, 2010 @
7:30 pm.
Respectfully submitted by,
Marcy Meitzler
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