BOARD OF SUPERVISORS
                                                                      June 07, 2010

The meeting of the Douglass Township Board of Supervisors was called to order at 7:30 P.M.
Attending were Chairman Tim Turner, Vice Chairman Fred Ziegler, Supervisor John Stasik, Solicitor Charles Markofski, Bob Campbell, Pete Hiryak, Mike Heydt, Chief Templin, and 27 residents.

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

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 May 17th, 2010 Board of Supervisor’s meeting. 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. 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 performed April 22, 2010.
6. Windemere Subdivision – Performing site grading and stormwater improvements.
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- Continuing to work on lot improvements. Request for release of
Financial Security No. 5 has been revised per meeting with Manager and Solicitor on May 11, 2010.
Mr. Turner asked the Solicitor, Engineer, Mr. Ziegler, Mr. Stasik, and the Manager if they were in agreement with this release, everyone replied yes.

A motion was made for Financial Security Release No. 5 in the amount of $46,107.25 for Cobblestone Crossing Phase III by Mr. Turner, seconded by Mr. Stasik. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

9. Hartford Retail – Giant (Douglass Town Center): Giant opened for business on April 28, 2010.
Received a request for Final release of Financial Security. Met with Solicitor and Township Manager
on June 4, 2010 to discuss outstanding administrative items. Awaiting as-built drawings and final road
dedication. See Solicitor’s Report.
10. Smith Road Bridge – Received Permit on July 9, 2009. Solicitor issued letter providing
a mandatory Start of Construction date of September 1, 2010. Received a letter from
BMMA regarding concerns with drainage. Concerns are currently being reviewed. BMMA’s concern is possible flooding with the elevation of the bridge approach, the Engineer stated that the bridge will be wider and should increase the flow of water through the piping that will be installed under the bridge. Mr. Moser from BMMA stated that in 2005 there was extreme flooding in that area, Mr. Turner stated that in 2005 there was extreme flooding everywhere. Mr. Turner was of the opinion the permit for Smith Road Bridge was 6 years in coming and everyone had ample time to look at the bridge plans, finally we received the permit and now there are concerns. There is a safety issue in this area we need the bridge. The Manager stated that the permit was issued by PADEP and they were satisfied with the plans. Mr. Hunter asked if there is another review who would pay for the review, the Board was in agreement that the Township would not pay for another review. The Solicitor concurred that we have the permit we do not need to redo anything, the elevation is part of the PennDot Bridge Construction Standards. The Engineer stated that we removed the curbs which dropped the elevation by 8 inches. Mr. Ziegler stated that we have the permit, we should go with it, Mr. Turner concurred and stated if BMMA has concerns we will try to work with you.

A motion was made by Mr. Ziegler to move forward with the Smith Road Bridge plans as permitted, seconded by Mr. Turner. Ziegler-Aye, Turner-Aye, Stasik-Abstained.

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

Mr. Markofski presented the Solicitor’s Report.

Cobblestone Crossing
A meeting was held on June 4, 2010 with Engineer Bob Campbell, Township Manager Pete Hiryak, Code Enforcement Officer Mike Heydt and the undersigned to review a letter from Berks-Montgomery Municipal Authority advising that the Smith Road Bridge plans are not acceptable to BMMA. BMMA argues that the “proposed final building plans” show a significant change in the approaches to the proposed bridge. Part of a sketch plan was included with the BMMA correspondence which showed an undefined difference in elevation to the approach for the new bridge. It was not apparent from a review of the officially approved plans that a profile of the new and former approaches were prepared at that time. It was agreed that prior to addressing this matter with BMMA, Bob Campbell will evaluate the current approaches and the proposed approaches and determine what the actual difference in elevation will be. It is believed that the differences will be minimal. It is also the case that Mr. Campbell has assured us that the new approaches will be in compliance with all relevant building codes. See Engineer’s Report.
Hartford Retail-Giant
In reviewing the financial security release for this project, several outstanding matters pertaining to this project were discussed at the meeting of June 4, 2010. As discussed in the May meeting, the abandoned portion of Holly Road will need to be formally vacated. Although a survey is usually required to define and describe the borders of an abandoned road, old plans which were received today from Hartford’s counsel, Robert McNelly, may be sufficient to describe the abandoned portion of the Road. It will be necessary to review these old plans before making a determination as to what is possible with the information at hand. It is also the case that the vacating of Holly Road will generate new borders for at least one and possibly three properties adjoining Holly Road. It will be difficult to establish a description for these new borders or even establish ownership of the vacant areas with certainty without work from a surveyor. It may be the case, however, that the Board will agree that the land owners adjoining Holly Road be allowed to simply maintain the abandoned portions of the road which they believe were probably part of their former tracts. Hartford has refused to agree to shoulder any of the cost for any surveying work associated with the vacating of Holly Road. Mr. McNelly from Hartford Retail stated that the reason being was that this was discussed with Mr. Sager prior to any development of this project and Mr. Sager said this would not be an option, therefore the surveying of this area was not included in the plans. Mr. McNelly stated that Mr. Markofski would not have known about this. The Engineer stated that we have storm water pipes along this vacated area and if this would get turned back to the residents there could be issues. The Manager stated that Hollenbach and Royer were happy to maintain this area and that until easements, site triangles, and PennDot site distances are factored in the area left to maintain is relatively small. The consensus in the room was that surveying is very expensive, could we determine what areas should be maintained by whom by the other surveys of this area. The Solicitor asked to table this until he researches this further. Mr. Turner asked the Manager to offer his opinion, the Manager stated to leave it alone with Hollenbach and Royer maintaining the area, the Engineer agreed. The Board will look into this further, Mr. McNelly added that he will research the records for the condemnation of the road.

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 May 18 to June 7, 2010. Fixed potholes. Installed French Drain along Oberholtzer and Congo Roads. Weed whacked all bridges. Installed drain pipe in Douglass Park. Installed pipe for drainage problem on Congo Niantic Road. Finished roadside mowing – one pass. Mowed Douglass Park and Open Spaces. Cleaned center island at 73 and Swamp Pike. Mr. Turner asked if there were any questions for the Roadmaster, Mr. Renninger stated that on Municipal Drive at the last house, the kids play in that area and there is a lot of poison ivy, could you please get rid of the poison ivy, the dead trees, and maybe put some topsoil in that area. The Roadmaster stated that he will try to take care of it hopefully this week. Mr. Heydt also stated that he wants to resurface Oberholtzer Road this year.

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

Pete Hiryak reviewed the Manager’s Report.
1. The Manager reviewed the upcoming meetings as follows: Zoning Hearing Board Tuesday, June 8th @ 7pm, Car Repair & Body Shop at 1493 E. Philadelphia Avenue, Limited Commercial area. Revitalization Meeting Thursday, June 10th @ 6pm. Planning Agency Meeting Thursday, June 10th @ 7pm.
2. Correspondence
Winter Storm Reimbursement Notification from PennDot- We received a reimbursement in the amount of
$1,757.00 Gilbertsville Road, this is not to be confused with the FEMA Grant – we have received no
notification from FEMA. The Board instructed the Manager to call other Townships to see if they heard
anything from FEMA.
BMMA Corrective Action Plan Grant Application Support Letter – this will be addressed at the
Planning Agency Meeting on Thursday, June 10th, a letter of support is needed by July 1, 2010.
Zern Tract Protest Petition-copies to BOS/Planning Agency, Mr. Theil stated that this petition was dated
2009 but now that this is being looked at for 12 units per acre he thought it time to resubmit the petition
against increased density.
Turner asked if anyone had any questions for the Manager, no one replied. Mr. Ziegler stated that he would like to make a motion that since the non-uniform employees did not receive a raise this year that the longevity pay be approved for payment and issued prior to December 2010 so the employees could use it for vacation if needed.

A motion to approve and issue longevity pay to the non-uniform employees prior to December 2010 was made by Mr. Ziegler, seconded by Mr. Turner. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

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

Public Comment
Mr. Link stated that the former car wash adjoining Gilbertsville Auto Body was looking trashy and looked like a junk yard, was this allowed? Mr. Heydt stated that he has a salvage license, he must have the cars under roof, Mr. Heydt also stated that he has been in contact with Gilbertsville Auto Body to clean it up within the next couple of months. A resident asked why should we have a salvage yard on the main street, There is concern among the residents that the proposed car repair & body shop at 1493 E. Philadelphia Avenue will look junky like the old car wash, the Manager stated that the old car wash has been cleaned up a bit and the zoning district is different than the area of the proposed car repair & body shop. The concerns will be voiced to the Zoning Hearing Board. Mr. Renninger asked if the Township cut down the tree on Municipal Drive, the Roadmaster replied yes we cut down a dead tree in the right of way on Municipal Drive. Mr. Renninger asked if the Roadmaster also cut down a tree on the Diachynsky property on Municipal Drive, the Roadmaster replied no we did not cut down that tree. Mrs. Wilson made a statement that the Gilbertsville Area Community Ambulance Service has posted a notice on the door that the next public Board of Directors meeting will be closed to the public. Mr. Turner closed Public Comment.

Old Business or New Business
RV Parking Ordinance - Mr. Heydt showed photos to the Board concerning the campers and RV’s parked on Wren Road, some had slideouts extended that took up a lot of the roadway, also concerns of parking boats and other recreational vehicles on the roadway or blocking sidewalks because people pull their cars out of the garage so their kids can use the garage as a play area. The Board instructed Mr. Heydt, as far as Wren Road is concerned, to ask the owners of the campers to remove them from the roadway. Mr. Pritchard asked if we were going to start citing these people, the Board stated that this is why we want to look into this. A resident stated that some Townships make you move the campers or recreational vehicles within 24 hrs. The Solicitor stated that he will do some research into model ordinances for parking of recreational vehicles.

A motion was made by Mr. Ziegler, seconded by Mr. Turner to have the Solicitor look up some model ordinances for parking of recreational vehicles and come up with an ordinance that would best suit the Townships needs. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Dienno Tract/Open Space – the Manager stated that Mr. Dienno asked the Township if we were interested in purchasing the property for Open Space, he would even be open to working out payments, he would prefer the Township to have it rather than it be developed. Mr. Turner asked if the Dienno Tract and Donnelly Tract could be combined and an application be sent into the County for consideration when Grants are open again, right now round one is still ongoing and we have received our round one grant, if we put both together maybe we would be more favorable for a future grant in round two.

A motion was made by Mr. Turner, seconded by Mr. Stasik to schedule a meeting with Mr. Dienno on the Dienno Tract/Open Space possibilities. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Mr. Ziegler stated that there will be Open Space Committee Members names coming forward.

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

The next Board of Supervisor’s meeting will be held on Monday, June 21st, 2010 @ 7:30 pm.

Respectfully submitted by,

Marcy Meitzler


 

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