BOARD OF SUPERVISORS
                                                                      May 03, 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 John Stasik, Solicitor Charles Markofski, Bob Campbell, Pete Hiryak, Mike Heydt, and 20 residents.

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

Mr. Turner stated that Supervisor Ziegler was recovering from some medical tests and would not be present at tonight’s meeting.

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 19th, 2010 Board of Supervisor’s meeting. 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. Hollenbach – Warehouse Expansion – Conditionally approved at the May 5, 2008 Supervisors meeting.
Final plans and financial security request have not been received.
3. Hallowell (Danny Jake) – Received latest plan revision dated September 2008 along with the list of
improvements. The list of Improvements has been finalized.
4. 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.
5. 400 Gilbertsville Road – Percolation testing scheduled for April 22, 2010.
6. Windemere Subdivision – Final plans received. Construction has begun. Erosion and sediment control
measures are in place and site clearing and grading is being performed.
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 is
continuing. Request for release of Financial Security No. 5 has been processed. Mr. Turner stated that
at this time the Board will take no action on the request for release of financial security.
9. Hartford Retail – Giant (Douglass Town Center): Giant opened for business on April 28, 2010. A final
punchlist has been prepared. The contractor is completing punchlist items.
10. Smith Road Bridge – Received Permit on July 9, 2009. Solicitor to issue letter providing
a mandatory Start of Construction date.

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. Turner-Aye, Stasik-Aye. Motion passed.

Mr. Markofski presented the Solicitor’s Report.

Sunshine Law Update
At the last Board meeting of April 19, 2010, the solicitor’s report addressed the applicability of the Sunshine Act to committees appointed by the Board of Supervisors and Planning Commission. The report outlined an interpretation of the Act which had not been adopted in earlier legal opinions presented to the Township. As a result, the Board requested that the solicitor’s opinion on this matter be confirmed with other agencies charged with enforcing or interpreting the Act. In this regard, the Bureau of Open Records provided a written opinion which found, which quoted the Act in part: “The body, and all committees thereof authorized by the body to take official action or render advice on matters of agency business of all the following…any board, council, authority or commission of the Commonwealth or of any political subdivision of the Commonwealth or any State, municipal, township or school authority, school board, school governing body, commission…” “The General Assembly hereby declares it to be the public policy of this Commonwealth to insure the right of its citizens to have notice of and the right to attend all meetings of agencies at which any agency business is discussed or acted upon as provided in this chapter.” The Pennsylvania State Association of Township Supervisors (“PSATS”) provided a verbal opinion and a local solicitor for Worcester and Schwenksville, Robert L. Brant, Jr. also provided a verbal opinion. The opinions which were obtained on this matter were unanimous in finding that the Board’s Committees were indisputably subject to the Sunshine Act and, therefore, required to have hearings which were advertised, open to the public, and memorialized with the taking of minutes. For the record, these committees for Douglass Towsnhip include: (Open Space, Revitalization, Act 209 Committee, International Construction Code Appeals Board, and Agricultural Security Board). The workgroups of the Township’s Planning Commission are somewhat novel committees. The parties that I contacted to offer an opinion all indicated that they were less sure of their opinion on these committees but advised that they would probably find that the Act applied to these committees, as well. In order to better understand why the Act would apply to the workgroups, we need to examine what the workgroup committees are doing. The workgroups are small groups of Planning Agency members who are, usually, investigating certain factual situations and preparing rough drafts of municipal ordinances or suggesting changes to existing ordinances. The Planning Agency in Douglass Township does consider, vote on, and recommend new ordinances to the Board of Supervisors. It is apparent, therefore, that the workgroups are considering agency business. In the event a recommendation will be proffered to the Planning Commission by the workgroup about agency business, the workgroup has undertaken an official act which is subject to the Act. Once again, for the record, an official act is: (a recommendation made by an agency pursuant to statute, ordinance or executive order, the establishment of policy by an agency, and a vote on any motion, proposal, resolution, rule, regulation, ordinance or report). All “official action” must take place at an open public meeting. The workgroup committees include: (Signage, Green Building Ordinance, TDR, Philadelphia Avenue Bypass, Sketch Plan Ordinance, and Renters Ordinance Workshop).
Ordinance 2004-06 – regulating Open Burning
In reviewing this ordinance, I considered two (2) issues:
Is the Douglass Township Fire Marshall empowered with enforcing the Ordinance and does this
limit or exclude enforcement by the Douglass Township Police Department?

And does the Ordinance prohibit recreational fires using tinder which is not solid waste?

As to the first issue, it is apparent from a fair reading of the Ordinance that the Township’s officially
appointed Fire Marshall does have authority to, “Enforce the provisions and the rules and regulations
as set forth in the Ordinance…” in point of fact, a Fire Marshall may be appointed to do this. It is the
case, however that Douglass Township Police are generally empowered to enforce ordinances and by
implication, would not be prohibited or excluded from enforcing this Ordinance. I would, however,
suggest that, if the Board would like local police to share the duty of enforcement of this Ordinance
with the Fire Marshall, that the Ordinance be modified to specifically provide the Police Department
with authority to do so. This would eliminate any legal uncertainty on the issue. It is the case that
Section V, paragraph 2.d of Douglass Township Ordinance 2004-06 does allow a resident to set “Any
fire set solely for recreational or ceremonial purposes”. However, a fair reading of this ordinance
would not permit the burning of solid waste even as a recreational purpose. Solid Waste is described
under the Solid Waste Management Act as “Any waste, including but not limited to, municipal,
residual, or hazardous wastes, including solid, liquid, semisolid or contained gaseous materials.” In
this context, the term “waste” is described in most dictionaries as “damaged, defective, or superfluous
material produced by a manufacturing process”, often described as garbage or refuse. The Act and the
Ordinance make it clear, therefore, that garbage cannot be burned for any reason. Materials which are
recognized as tinder for fires such as wood, wax logs, manufactured pellets, etc…would certainly be
acceptable for recreational burning under the Ordinance.
The Solicitor recommended making copies of the Burn Ordinance for the residents, Mr. Heydt made for anyone who wanted them. Mr. Turner recommended that clarification of the burning ordinance should be placed in the newsletter and on the website. Mr. Yarnall stated that most people don’t know how to properly have a fire. Mr. Stasik stated that Scout functions have open fires, maybe there should be a designated area for open burning. The Burn Ordinance came about for availability of Grant money. It was suggested by the public that the Grant money might possibly be lower than before this ordinance was enacted. Mr. Turner replied that the laws and available grant money have changed since we enacted this ordinance and that it is quite possible that this has changed the grant status. The Board decided to table any action until Mr. Ziegler returns.

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. Stasik. Turner-Aye, Stasik-Aye. Motion passed.

Mike Heydt presented the Highway Report.
For the period of 4/20/10-5/3/10. Replaced pipe on Hoffman Road. Removed damaged flag pole from memorial area. Opened Park for the season. Cleaned up Park and fixed Monument. Fixed washouts on Swinehart and Wild Run Road. Mounted mower on tractor. Repaired air tailgate on truck #6. Installed parking lot at Open Space property on Congo Road and regarded driveway as required for the Open Space Grant. Mowed Park and Open Space properties. 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. Stasik. Turner-Aye, Stasik-Aye. Motion passed.

Pete Hiryak reviewed the Manager’s Report.
1. The Manager reviewed the upcoming meetings as follows: Planning Agency Meeting Thursday, May 13th @ 7pm. Board of Supervisors Meeting Monday, May 17th @ 7:30pm. Zoning Hearing Board – TBA – Car Repair Shop at 1493 E. Philadelphia Avenue, Limited Commercial area. The Manager stated that he is working on scheduling the PennDot meeting with Mr. Pritchard and the Ambulance meeting with Mr. Turner.
2. Correspondence
BMMA Projects – At the end of May the Minister Creek Trunkline involving Thrush Drive will be under
construction and Basin #2 involving Yoder, Virmay, Mensch, and Martin will be started by the
end of summer 2010.
EMC Insurance (Office roof damage claim) – Letter from EMC Insurance denying damage claim.
Damage was the result of rainwater penetrating flat area of roof, ultimately the result of poor roof design.
The Manager stated that Mr. Wynne helped with the specs for bids on repairing the roof. The Solicitor
stated that he would like to review the claim and the Audit for the Firefighter’s Relief Association, the
Manager stated that he would make copies for him.
Audit Report (Volunteer Firefighter’s Relief Assoc.)-2006-2007 Copies to BOS, Cindy O’Donnell, and
Charles Markofski for review.
3. Parking Ordinance- Letter from Garner & Bauer removing dimensions from Parking Ordinance and
referring to SALDO.
Carl Hiryak stated that homeowners have to pay to go for a variance; developers should have to go through the same process. Mr. Turner stated that he thought the Solicitor should review these changes so there is no conflict between the Parking Ordinance and the Subdivision and Land Development Ordinance (SALDO).

Mr. Turner asked if anyone had any questions for the Manager, no one replied.

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

Public Comment
Mr. Pritchard stated that he was very disturbed that the costs for the water issues on E. Philadelphia Avenue and Municipal Drive were lumped together even though they were two separate issues. Mr. Renninger agreed that the costs should have been separate. Mr. Pritchard stated that the Montgomery County Health Department doesn’t investigate the situations properly. A former Supervisor had BMMA put cameras through the sewer systems to locate contamination problems concerning the E. Philadelphia Avenue water issues, there was no BMMA contamination found. Mr. Renninger was concerned with the Cobblestone Crossing residents dumping grass, sod, and other debris into the ditch for water runoff. Mr. Turner stated that he normally walks that area and only saw some straw in that ditch. Mr. Heydt said that he will look into this matter. Carl Hiryak read a brief statement that the Board members were voted in by the majority of the people and should govern for the majority of the people. Mr. Renninger stated that there is a shed behind his property on Municipal Drive that is only 4 or 5 feet off the property line and is in violation of zoning and nothing was ever done about it. Mr. Turner stated that if it is in violation then it must be moved. Mr. Heydt stated that he will look into this matter. A question was asked, how do we know where property lines are, should it not be required to be surveyed. The response was that most properties should have pins or markers in the ground unless someone removed them or covered over the pins, for minor situations you can judge the lines such as for fences. Mr. Turner asked if there was any more public comment, no one replied. The public comment period was closed.

Old Business or New Business
Mr. Turner asked if there was any old business or new business, no one replied.

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

The next Board of Supervisor’s meeting will be held on Monday, May 17th, 2010 @ 7:30 pm.

Respectfully submitted by,

Marcy Meitzler

 

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