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BOARD OF SUPERVISORS
June 21, 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, Solicitor Charles Garner, Matt Hunter, Cynthia O’Donnell, Pete Hiryak, Mike Heydt, Chief Templin, and 25 residents.

Mr. Turner led the Pledge of Allegiance to the flag.
Mr. Turner stated that prior to the Board of Supervisors Meeting there was a meeting with the Gilbertsville Area Community Ambulance Service to discuss security issues and a report will be forthcoming.

Mr. Turner asked if there were any changes or corrections to the minutes, no one replied.

On motion by Mr. Turner, seconded by Mr. Ziegler, the Board approved the minutes of the June 7th, 2010 Board of Supervisor’s meeting. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

A written report was submitted by the Gilbertsville Ambulance – The Gilbertsville Area Community Ambulance Service hosted an Open House/Car Show on June 19th, 2010. The Open House and Car Show was a success. We will be assisting with the Bike Show on July 31st, 2010. We also will be assisting at the Carnival at the Gilbertsville Fire Company #1. The following is the total number of calls we have been dispatched to: Total emergency calls for the year is 480, the month of May emergency calls is 99. The 2010 Gilbertsville Area Community 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. We would like to share our appreciation to Douglass Township, Montgomery County for the continued support that you have provided for the past Twenty-Seven (27) years.

Chief Templin presented the Police Report
Statistics for May 2010 are: 377 incidents reported, 1,815 business checks, 9 reportable accidents, 22 non-reportable accidents, 16 criminal investigations, 15 criminal arrests, 166 traffic citations, 5 non-traffic citations, 10 parking tickets, miles traveled 7,292. Monies received by the Township $5,705.71. Officer Dykie received a Commendation for basically single handedly abducting two burglary suspects at Zern’s Farmers Market. Chief Templin publicly thanked Fire Chief Matthew Bakes and the Barto Fire Company who graciously donated $250.00 to our police department to off- set the costs of our police department’s D.A.R.E. program. A letter of thanks has been sent to Chief Bakes and the Barto Fire Company. Chief Templin stated that he will be on vacation the week of July 12th, 2010 and Corporal Steffie will be in charge during that time.

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

Andrew Duncan presented the Recycling Report
For the month of May 2010 there was one load of cardboard taken to Reading for $490.20, three loads of light iron and one load of aluminum. Abitibi Paper – 7,741 pounds of paper for $18.68. We are now completely out of mulch as of Saturday, June 19th, 2010. The Recycling newsletter is just about ready for release. We are waiting for additional copies to arrive before we will send them out to the residents. The building specifications have been reviewed by Tom Wynne and myself. We have drafted specifications that we will be sending out to advertise for bids. Hopefully we will have sealed bids by next month’s meeting. Lastly, I would like to look into starting a local adopt a highway program that local businesses or residents could participate in. I would like to shadow the PennDot program. I will update the Board in the upcoming months with my findings. Mr. Turner asked if there were any questions for Mr. Duncan, no one replied.

A motion to accept the Recycling 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.
I. PA CHARITABLE ORGANIZATIONS INVESTIGATION – After a series of telephone calls and letters from myself to the investigator, Drew Kozen, and a clarification from Tracey Yergey, CPA on the form 990 return, the matter has been cleared for GFC. The issue was the allegation that GFC did not file for a license to solicit charitable contributions. The investigator agreed no license was required for GFC since GFC did not have a paid fundraiser and contributions did not exceed $25,000. The investigator also cleared F&R since the issue there was a difference between what GFC listed as a donation made to F&R and what F&R reported as a donation received. These transactions go back to the 2005-2006 time period of assets of cash and equipment being transferred from GFC to F&R and the discrepancy was the different calendar years that GFC and F&R reported the transaction on their 990 form. Although the state investigator would not confirm the reason for the investigation, he did confirm that most, if not all, investigations are due to a complaint or inquiry from local sources. In addition, for whatever reason, the investigator was placing calls to an officer of F&R rather than GFC and did not receive a return call and therefore proceeded to the demand letter stage. These investigations take considerable time and effort to resolve so if any Township resident has a question or complaint, I would appreciate having that question or concern first directed at me for response.
II. LEASE AGREEMENTS – The rental payments and donations back were completed for April and will appear on the financial statements for June. The Salvation Army paid $100 to GFC and GFC made a donation of $100 to the Salvation Army. F&R paid $3,000 to GFC and GFC made a donation of $3,000 to F&R. BINGO paid $1,500 rent to GFC for 5 BINGO nights and GFC paid $1,500 to F&R as a donation. I reviewed these payments with Drew Kozen of the PA Charitable Organization and he commented favorably on showing the imputed value of the rental space and further advised this will allow each organization to record the transactions on their financials and form 990.
III. WATER – The AIG and Superior Water issue is still in negotiation and I shall try to move it along.

Mr. Turner asked if there were any questions for Mr. Haddad, no one replied.

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

Ron Ebert presented the Gilbertsville Fire Co. No.1 Report
Mr. Ebert stated that they are cleaning up the front of the building, trimming, mulching, and lining the parking lot. July 31st, 2010 will be Bike Night and the Carnival will be held August 4th through August 7th, 2010. Mr. Ebert stated to come see what Gilbertsville Fire Company #1 is all about, we are all working hard so stop in and see the progress. Mr. Ziegler made a motion to put Ron Ebert and the President of Gilbertsville Fire Company #1, Terry Sacks in charge at Gilbertsville Fire Company #1.

A motion was made by Mr. Ziegler, seconded by Mr. Turner to put Mr. Ron Ebert and Mr. Terry Sacks as liaisons in charge of communications between Gilbertsville Fire Company #1 and the Board of Supervisors. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Mr. Ziegler stated that he read the court transcripts and he would like to see GFC#1 and F&R get along and we should help to pay off the $38,000 loan. Mr. Turner stated that he would like to see numbers on it before a vote.

A motion was made by Mr. Turner, seconded by Mr. Ziegler to set up a meeting with all parties and review the exact numbers involving the loan for GFC#1. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

A motion to accept the Gilbertsville Fire Company #1 report was made by Mr. Turner, seconded Mr. Ziegler. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Ricky Smith presented the Gilbertsville Fire & Rescue Report
Fire report for May 2010: 1 fire, 1 brush/trash fire, 4 wire fires, 1 fire alarms/CO2 alarms, 5 vehicle accidents, 1 vehicle rescue, 1 EMS assist, 1 assist to other depts, 2 special service, and 1 investigation. Total of 21 calls. The Fire Company was in service for 20 hours and 39 minutes. Three members completed Firefighting 1 which was 188 hours of training. Members had their Hazmat Ops refresher training and also attended a memorial service for Millie Tillus who passed away in May. On June 3rd, 2010 at 2:00pm there was a structure fire at 8 Acorn Drive in Barto. There was heavy smoke coming from the house, Officer Swavely and Officer Marshall asked if they could help and pulled a line to the side door. Andy Duncan and Groves took advanced line to the basement, Scott Groff assisted and Lucas Groff ventilated. The investigator was amazed that the building was still standing. He thanked everyone that responded that day for their assistance. The new truck was used that day.

A motion to accept the Gilbertsville Fire & Rescue report was made by Mr. Turner, seconded by Mr. Ziegler. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Mr. Matt Hunter 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.
7. Windemere Subdivision – Continuing site grading and stormwater improvements. Mr. Matt Hunter
stated that he visited the site and they stabilized the roadway and it is cut but not blacktopped.
8. AAA – Dunkin Donuts – Provided letter dated December 18, 2009 regarding guide rail along the back
of the lot near the drive-thru.
9. 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.
10. Hartford Retail – Giant (Douglass Town Center): Giant opened for business on April 28, 2010.
Construction items appear to be satisfactorily complete. Received a request for Final release of Financial
Security. Met with Solicitor and Township Manager on June 17, 2010 to discuss outstanding
administrative items. As-builts appear to be in accordance with constructed facilities. Recommend
release of Financial Security in 100% for the on-site work in the amount of $953,426.89. Mr. Turner
asked if the Engineer, Solicitor, Manager, and the Board Members were comfortable with this request,
everyone replied yes.

A motion was made by Mr. Turner, seconded by Mr. Ziegler to make the Final release of Financial Security for on-site work only in the amount of $953,426.89. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

11. 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. Received a call from PADEP referencing
BMMA’s concerns. Scheduling a meeting with Bursich to confirm final design. PADEP
has requested a meeting in early July.

Mr. Turner asked if anyone had any questions for Matt Hunter, Mr. Renninger asked what is going to happen to the original plaque on that bridge; Mr. Hunter replied that it could be installed on the new bridge if desired. No other questions were asked.

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 17, 2010 with Engineer Bob Campbell, Township Manager Pete Hiryak,
to address the recent challenge from BMMA to the Smith Road Bridge Replacement. After reviewing letters from EDM Consultants, Inc. (the designers of the bridge) dated May 22, 2006 and July 6, 2006, it was apparent that EDM (now Bursich) concluded that “…, it is our understanding both parties are agreeable to leaving the existing approaches to the bridge unchanged.” This letter from EDM dated July 6, 2006 to Joseph J. McGrory, Jr., Esq. further stated, “We have prepared a new plan showing the new bridge with the existing approaches and have addressed the other engineering comments in PADEP’s review letter.” It appears, at this time, the DEP intended to approve the plan with the existing approaches but the plan, as filed, was never changed to accommodate the existing approaches. A meeting is being scheduled with Bursich to find out why the plan was not updated to conform to the understanding of the parties. Unfortunately, the personnel that originally worked on the project are no longer employed by Bursich. After this meeting with Bursich, we will have a better idea as to how we can have the plans conform to the parties’ understanding. it is hoped that if we can simply file the correct plan, we will not have to go through the approval process a second time with PADEP. The meeting with PADEP for July 6 is being rescheduled. Mr. Ziegler stated that if they failed to file it where do we stand, Mr. Markofski stated that possibly it is just a matter of filing the correct plan. The meeting with Bursich should resolve this matter. Mr. Turner reiterated that he does not want to go through everything from scratch again. Mr. Sell stated that he thought Mr. Campbell stated that the reason for the change to the approaches was safety issues, Mr. Markofski suggested that since Mr. Campbell was not involved in the beginning process of this bridge that maybe his impression of the change was because of safety issues, the elevation difference seems minor from sight however it could be 3 feet on paper.
Hartford Retail- Giant
In reviewing the financial security release for this project on June 17, 2010 it was determined that all on-site funds could properly be released at this time. We are suggesting that it is premature to release off-site funds at this time. The disposition of the original Holly Road is not resolved at this time. Recent submissions of plans from Robert McNelly, Esq. of June 7 show detailed information of the original Holly Road. This should make vacating the road a simpler matter. There are arguments, however, pro and con for the Township retaining the original Holly Road. It was noted, however, that retention of the abandoned road might affect the Township’s insurance premiums. Township Manager Hiryak will contact our insurance carrier and determine if we are retaining a fiscal liability in the event the road fails to be vacated. We have received nothing from Mr. McNelly indicating that the road was originally condemned. We also received the plan for dedication of the new Holly Road. In this proposed dedication, our engineer pointed out that a couple of small segments of property which were being held by Hartford south of new Holly Road, not necessary for the use of the road, are being contributed to the Township. This would only add to our problem of maintaining the area south of the new road. We do not recommend accepting the road for dedication with non-essential fragments of property attached to the dedicated road. Mr. McNally presented his argument as far as the off-site release of Financial Security stating that his client does not own this area in question, it is part of the roadway, none of these areas are owned by his client and they have provided as-builts to help with vacating the road. The Deed was signed and held in escrow and was approved by Mr. Sager. Mr. Markofski requested copies of all agreements and deed paperwork referencing descriptions of the road dedication. After some discussion it was decided by the Board and the Solicitor to table this matter until Mr. Campbell is present.
RV Ordinance
Section 139 provides unrestricted RV parking, storage, loading, preparation and maintenance for seventy-two (72) hours within a ten (10) day period at a residential site. The current ordinance applies only to developments containing Homeowner Associations. Prior to making any decision which might expand such an ordinance, it would be prudent to review similar ordinances in neighboring Townships. The Township Manager has agreed to secure similar ordinances for the Board’s review. It is recommended that this issue be reconsidered at the next meeting in July. Mr. Ziegler asked if we received any ordinances from neighboring Townships, the Manager replied no. The Board agreed to reconsider this issue at the July meeting.

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, Mr. Theil asked as far as the bridge plans go, what is the difference between the plans. The Solicitor said that EDM stated that it was 3 inches difference in the approach elevation and Mr. Campbell stated on the plan it looks like 3 feet. Mr. Theil stated that DEP is not interested in the 150 year flood only the 100 year flood, Mr. Turner stated for once Mr. Theil I agree with you. Mr. Theil also stated to Mr. Stasik that he is supposed to represent the interest of Douglass Township at BMMA although you voted yes at the recent BMMA meeting to bill Douglass Township for BMMA’s Engineering costs to review the plan and you abstained at the Supervisors meeting on the motion to move forward with the Smith Road Bridge plans as permitted. Mr. Turner stated that BMMA people were appointed for Douglass Township by Douglass Township. Mr. Ziegler asked if appointees can be recalled, Mr. Markofski stated that he will have to look into it. Mr. Stasik stated that he did not have his homework done to vote on that issue, that is why he abstained. Mr. Ziegler stated that the Solicitor for BMMA issued a letter opposing this plan. Mr. Turner stated that he does not have a problem with Mr. Stasik being on the Board of Supervisors and the BMMA Board; however Douglass residents have to come first. No other questions were asked.

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.

Solicitor Garner presented a brief overview on the Rt. 100 Corridor Overlay Ordinance.

Mr. Turner commended the Planning Agency for their work on this ordinance however he would prefer if this sent to the Montgomery County Planning Commission for a review letter so that the Board could vote on a clean copy with MCPC’s approval.

A motion was made by Mr. Turner, seconded by Mr. Ziegler to have the Overlay Ordinance sent to MCPC for their review and approval. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Mike Heydt presented the Highway Report.
For the period of 6/8/10 – 6/21/10. Fixed potholes. Installed 400 feet of pipe along Oberholtzer Road. Blacktopped the swale along Oberholtzer Road. Fixed two inlets on Robin Drive. Installed a pipe across driveway of Open Space. Mowed park and open spaces. Cleaned up wood area along Municipal Drive. Mowed along Rick Road. Mr. Turner asked Mr. Renninger if the cleanup on Municipal Drive was satisfactory, Mr. Renninger replied that Mike did a good job. Mr. Turner asked if there were any questions for the Roadmaster, Mr. Renninger asked about that shed on Municipal Drive, Mr. Heydt stated that he was working with him on that, the gentlemen needs more stone. No other questions were asked.

Mike Heydt presented the Zoning Department Report.
Building permits for May 2010 – 13 small permits for $1,108.35. There were three occupancy permits and 30 inspections. Mr. Turner asked if there were any questions for the Zoning Officer, no one replied.

A motion was made to accept both the Highway Department Report and 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 $144,898.19, this included invoices for
The YMCA Summer Program 2nd installment, payment of insurance to Body-Borneman, and
Underwriter Inspection Services for Commercial Inspections.
Mr. Turner stated that he saw nothing unusual in the bills and he asked if anyone had any questions, no one replied. The Treasurer stated that year to date income we are $24,000 ahead of last year at this time.

A motion for approval to pay the bills was made by Mr. Turner, seconded by Mr. Ziegler. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Mr. Ziegler exited the room.

2. The Treasurer stated that she has a Records Destruction Request in accordance with the Municipal
Records Manual approved December 16, 2008.

A motion to allow for Records Destruction in accordance with the Municipal Records Manual approved December 16, 2008 was made by Mr. Turner, seconded by Mr. Stasik. Mr. Ziegler re-entered the room, Ziegler-Abstain, Turner-Aye, Stasik-Aye. Motion passed.

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: Revitalization Meeting Thursday, July 8th @ 6pm. Planning Agency Meeting Thursday, July 8th @ 7pm. Board of Supervisors Meeting Monday, July 19th @ 7:30pm.
2. Correspondence -The Manager stated that he received a resignation letter from Marcy Toepel – Vacancy Board, leaving that appointment open if the Board so chooses to make an appointment tonight.

Mr. Ziegler nominated Mr. Sam Hunter to the Vacancy Board, no other nominations were made.

A motion to appoint Mr. Sam Hunter to the Vacancy Board was made by Mr. Ziegler, seconded by Mr. Turner. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

The Manager asked for the Boards authorization to ask neighboring Townships for Fire Police help for Bike Night. The Manager asked for the Boards authorization to apply for a PennDot Road Closing Permit for Bike Night, and also asked for the Board’s authorization to meet with the various department heads regarding the bid for the Trash/Recycling Contract.

A motion was made by Mr. Turner, seconded by Mr. Ziegler to authorize the Manager to send letters to neighboring Townships requesting Fire Police help for Bike Night scheduled Saturday, July 31st, 2010. Ziegler-Aye, Turner-Aye, Stasik-Aye.

A motion was made by Mr. Turner, seconded by Mr. Ziegler to authorize the Manager to apply for a PennDot Road Closure Permit for Bike Night. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

The Board gave authorization to the Manager to meet with department heads regarding the bid for the Trash/Recycling Contract. 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. Ziegler. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Public Comment
Mr. Renninger stated that someone goes in and out of the gates on Municipal Drive after hours around 10p.m. Mr. Heydt said that if this is happening he will have to change the gate code. Mr. Renninger asked Mr. Ziegler why did you ask for my name and address at an earlier meeting, Mr. Sell interjected with, that’s when you were complaining about the Township supplying a resident with water and you stated that you wanted free water too, and Mr. Ziegler asked where you lived. Mr. Sell asked the residents to come out and support the Relay for Life in Boyertown this weekend. No other comments were made, Mr. Turner closed Public Comment.

Old Business or New Business
Mr. George Moser from BMMA was present to request a support letter from the Board of Supervisors for a grant application for the BMMA Construction Funding Application to Commonwealth Financing Authority for the Sanitary Sewer Project – Corrective Action Plan. Mr. Turner stated that he would support BMMA however he finds it very difficult that BMMA wants the Boards support but turns around and wants to bill the Township for their Engineers review of the permitted bridge plans. Mr. Moser stated that he would be sure to pass that information on to the BMMA Board, Mr. Turner stated, please do so. The deadline for the letter is July 1, 2010; the Manager stated that he would get that letter to Mr. Moser this week.

A motion was made by Mr. Turner, seconded by Mr. Ziegler to authorize the Manager to send a letter of support from the Board of Supervisors to BMMA for a grant application for the BMMA Construction Funding Application to Commonwealth Financing Authority for the Sanitary Sewer Project-Corrective Action Plan. Ziegler-Aye, Turner-Aye, Stasik-Aye. Motion passed.

Mr. Wynne gave an update on the Revitalization Meeting. The Planning Agency is preparing to submit the grant application for revitalization by January 15, 2011.

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, July 19th, 2010 @ 7:30 pm.

Respectfully submitted by,

Marcy Meitzler

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