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BOARD OF SUPERVISORS
July 21, 2008

The meeting of the Douglass Township Board of Supervisors was called to order at 7:30 P.M.
Attending were Chairman Tim Turner, Supervisor Gregory Lignelli; Solicitor Dan Sager, Pete Hiryak, Mike Heydt, Scott Groff, Andy Duncan, Robert Campbell, Chief Templin, and 22 residents.

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

On motion by Mr. Turner, seconded by Mr. Lignelli, the Board approved the minutes of the June 16, 2008 Board of Supervisor’s meeting. Turner-Aye, Lignelli-Aye. Motion passed.

Mr. Michael Thomas presented the Gilbertsville Community Ambulance Report.

1. The following are the total number of calls for the Gilbertsville Area Community Ambulance Service for the month of June 2008: Total Emergency calls for the year (724), Month totals for June Emergency calls (118), Month totals for June for Douglass Township residents (46).
2. Board of Directors meeting, Monday, August 11th at 8pm.

Mr. Thomas thanked Douglass Township, Montgomery County for all it does to support the Gilbertsville Area Community Ambulance Service.

A motion was made by Mr. Turner, seconded by Mr. Lignelli to approve the Gilbertsville Ambulance Report. Turner-Aye, Lignelli-Aye. Motion passed.

Mr. Larry Schlichter was present to report on Gilbertsville Fire Company #1.

1. Newsletter Info (Carnival – Thursday, September 25th, Friday, September 26th 5pm – 10pm, Saturday, September 27th 4pm – 11pm. Games, Rides and Food. Entertainment will be held nightly.
2. Friday and Saturday Dinners 5pm – 9pm.
3. List of events for the months of July and August as follows: July 26 – Wedding, July 27 - Yard Sale, July 28 – Red Cross Blood Drive, July 30 – 31 - Buying and Selling Jewelry and Gold, Aug 1 – Buying and Selling Jewelry and Gold, Aug 2 – Wedding, Aug 4 – Boyertown Legion Baseball Dinner, Aug 8 – Wedding, Aug 9 – Beef & Beer, Aug 9 – United Singles Dance, Aug 16 – Wedding, Aug 16 – United Singles Dance, Aug 23 – End of Summer Beach Party, Aug 23 – Birthday Party, Aug 24 – Yard Sale, Ribs & Chicken BBQ Every Friday and Saturday and Dinners every Friday and Saturday.
4. Mr. Schlichter presented Fire and Rescue with a check for $850.

A motion was made to accept the Gilbertsville Fire Company #1’s Report by Mr. Turner, seconded by Mr. Lignelli. Turner-Aye, Lignelli-Aye. Motion passed.

Mr. Ricky Smith was present to give the Fire & Rescue Report.

Ricky reviewed the statistics for June as follows: Fires (1), Brush/Trash Fires (1), Wires (2), Hazardous Materials (1), Medivac Landings (2), Fire Police (4), Assist to other depts. (5) and Investigations (1). Total calls (17). The Fire Company was in service for 27 hours and 33 minutes. Ricky stated that all members completed Pump 1 class and started Pump 2 class.

Mr. Lignelli asked about the change in officers with respect to Fire & Rescue. Ricky stated that the President has changed from Jim Kokonos to Al Rettew. Mr. Lignelli commented that he hopes both Al and Judy Rettew can make it to the next meeting.

A motion was made by Mr. Turner, seconded by Mr. Lignelli to accept Fire and Rescue’s Report. Turner-Aye, Lignelli-Aye. Motion passed.

Chief Templin presented the Police Report.

1. Chief Templin reviewed the statistics for the month of June as follows: Incidents Reported (390), Total for 2008 (2420), Accidents (4), Criminal Investigations (29), Criminal Arrests (10), Traffic Citations (171), Non-Traffic Citations (16), Parking Tickets (7), Monies Received ($6,669.75).
2. Chief Templin commented on the Click It or Ticket campaign that ran from May 12 – June 1, 2008 with the Douglass Township police officers having had contact with 4,389 motorists. 60 traffic citations were issued during this campaign.
3. Chief Templin commented on the Smooth Operator Wave #3 that ran from June 25 – July 6, 2008 with a total of 119 traffic citations being issued.
4. Chief Templin stated that on July 4, 2008 the Douglass Township Police Department participated in Pottstown’s Annual 4th of July Parade.
5. Chief Templin stated that on July 11, 2008 the Douglass Township Police Department along with the support of police officers from other areas conducted a Sobriety Checkpoint under project Team D.U.I. 6 DUI arrests were made including a narcotics arrest. Chief Templin wanted to publicly thank Gilbertsville Fire & Rescue for providing the lighting to ensure the area was safe, the Boyertown Salvation Army Unit for providing refreshments to all on a very hot night and Conrad’s Auto Body for providing the towing service that evening.
6. Chief Templin commented that on June 19, 2008 the Department of Community and Economic Development had notified the Douglass Township Police Department that it has received the Single Application for Assistance submitted by Chief Templin back in October 2007. The Department of Community and Economic Development is pleased to inform the police department that the application we had filed has preliminarily been approved for funding in the amount of $10,000.00. Further correspondence is to follow commented Chief Templin.

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

Mr. Robert Campbell presented the Engineer’s Report.

1. Windemere Subdivision –Still have not received the approved plans to date.
2. Weis Markets (First Capital Engineering) – No change.
3. Hollenbach – Warehouse Expansion – (166 Holly Road) – Still awaiting the financial security.
4. Hartford Retail (Proposed Giant) – We met with Giant on July 9th to review the proposed plans. They need to present their plans for zoning per Mr. Campbell. Hartford Retail commented that they feel as though they can deal directly with the staff on trying to put that overlay together and then bring it before the Planning Agency for review at its August meeting. Hartford Retail commented that they are ready for the Regional process as well. It was stated that time is of the essence on this project by Hartford Retail. Mr. Lignelli asked the Manager to follow up with Mr. Cover with MCPC to ensure that everyone is on top of this matter. Mr. Lignelli stated that from the Township’s position, no one is standing in the way of moving this matter forward.
5. AAA Development – Dunkin Donuts – Waiting on plans.
6. Avante Apartments –No update. Mr. Sager stated that the Planning Agency is aware of the issues concerning the zoning.
7. Sealstrip Building Addition – The final set of revised plans are being reviewed at this time commented Mr. Campbell. Mr. Sager stated that a time clock extension is needed. A motion was made to extend the time clock with respect to Sealstrip by Mr. Turner, seconded by Mr. Lignelli. Turner-Aye, Lignelli-Aye. Motion passed.
8. Route 100 Corridor – Subsequent to the June 20, 2008 staff meeting, McMahon Associates began working on anticipated traffic count for the design of the relocated Jackson Road. Pennoni Associates was requested to evaluate the Gambone Property on Route 100 to identify potential use for determination of the traffic count, since Gambone has not performed conceptual design for this tract. Currently being performed. Pennoni will take a look at the mixed-use zoning.
9. Cobblestone Commons - Had a meeting with PENNDOT and Township staff on July 9, 2008 to get up-to-date of the current status of this project. PENNDOT stated that a preliminary draft plan submission had been made. No formal application has been made per PENNDOT. Mr. Campbell stated that he voiced the Township’s concerns with respect to the stormwater issues that are on site. A review was done of the road widening stated Mr. Campbell. Mr. Turner asked why a preliminary plan was submitted to PENNDOT without any formal application. Mr. Campbell stated that it is not unusual to go this route with PENNDOT.
10. Cobblestone Crossing III– Received a request for release of escrow for work completed to date. We are processing this request. There are no issues and Mr. Campbell stated that he just needs to confirm the numbers.
11. Cobblestone Crossing II – Received a request for release of escrow; however, work has not been completed, none of the punch list items appear to have been addressed.
12. Smith Road Bridge – Been in contact with Dutchland to obtain updates to their proposal and they have requested updated plans. Plans are being sent out to them and we expect a quick response from them. Dutchland communicated that they did not have the latest set of plans and Mr. Campbell sent them a set. PaDEP provided a response to the plans issued by Del Val Soils stating that items remained outstanding. We are following up on this matter. More comments need to be addressed commented Mr. Campbell.
13. Berks-Mont Camping Center – Construction of stormwater work along the roadway has been satisfactorily completed. Expect on-site work to begin by the end of August 2008.

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

Mr. Sager presented the Solicitor’s Report.

1. S-2 Route 100 Corridor Study – Master Plan – At the Route 100 Corridor meeting scheduled for Friday, June 20, 2008 at 9:00am, the following was discussed: On October 20, 2008, we had a further public meeting with respect to the Master plan. Representatives from the Gambone organization as well as the Wayne Rosen organization were present. The following issues were discussed: 1) What is the impasse to proceeding with the Master plan and development? It is quite clear that before any viable development can be achieved on the Zern and Gambone properties, there has to be an improvement and realignment of Jackson Road. We have been working on that for approximately a year. The general design concept has been established. The discussion centered around how to effectuate a design and commitment to the construction of the road. In order to effectuate that goal, it was clear to everyone that further preliminary engineering and land planning needed to be done. 2) The additional land planning and preliminary engineering for the layout of Jackson Road. John Kennedy, the Rosen land planner, and Greg Richards of TPD, the Rosen traffic engineer, indicated that within a period of approximately two weeks a realignment plan for Jackson Road could be established, indicating what lands need to be acquired, particularly from Mrs. Long. In order to move on with this design and realignment plan, Tony Gambone on behalf of the Gambone organization stated that prior plans laying out the realignment of Jackson Road would be provided to Mr. Kennedy, who in turn, would scan the same and provide copies to all. All of this was to be done in a matter of days. 3) The Township involvement in the preliminary design process. Joe Fiocco the Township Traffic Engineer will be in the loop with respect to the preliminary realignment of Jackson Road plan. Once there is a consensus with respect to the realignment, contact needs to be made with Dennis O’Connell, Esquire who represents Mrs. Long. Communication with Mrs. Long. It was agreed that the solicitor should contact Dennis O’Connell to discuss acquiring the necessary right-of-way through the long property for the realigned plan. Hopefully this will be accomplished sometime before the end of July. 4) Further meeting. After the realignment plan is established and contact is made with Mrs. Long’s representative, there will be some understanding as to the cost for the construction of the road with respect to land acquisition costs, engineering and construction costs. There will be a need for a further meeting to discuss how the improvements will be engineered and constructed and the timing thereof. Hopefully this meeting will take place sometime in August or at the latest in September of 2008.
2. S-3 Superior Water – (Rate Increase) - We have filed a protest and a petition to intervene
with the Public Utility concerning the Superior Water’s tariff increase. We have
presented the protest documents to the Board and the Manager for review by the public.
We have been in touch with the Consumer Advocate concerning the rate increase
request. The Consumer Advocate will take an active part in protesting as well. We will
endeavor to coordinate our efforts. Action on the tariff has been suspended by the Public
Utility Commission. The matter has been assigned to an administrative law judge. On
July 10, 2008, we had a prehearing conference with the administrative law judge
concerning the Superior Water Company’s tariff change for a substantial rate increase.
As the Board is aware, pursuant to the directive of the Board, we have filed a protest,
complaint and a petition to intervene. Douglass Township is a party to the proceeding.
It basically has raised three significant issues: 1) Whether Superior Water Company
should be allowed to have a rate increase when it is not providing adequate service to the
public, particularly with respect to providing public water service to the 23 contaminated
properties in the Gilbertsville area after Superior Water Company recently extended its
franchise to include those properties and to serve those properties. 2) Whether the rate return is properly calculated on capital where a substantial portion of the capital that Superior Water Company has received was on contributions made by developers and other entities, including the DEP (the DEP contributed approximately 1.25 million dollars with respect to water facilities to clear up a contamination problem in Upper Pottsgrove Township), and 3) Whether the charges concerning fire hydrants is appropriate under the circumstances. Of great significance to the Township is the Rhoads Avenue contamination problem and the supply of water to that area. We have apprised the parties and the administrative law judge that we intend to present testimony by a representative on behalf of the DEP concerning this issue. We have asked for a subpoena so that we can provide such testimony. Counsel for the DEP indicated that the DEP would cooperate but would require a subpoena. We are following up accordingly. There probably will be a public hearing in the Gilbertsville area in August so that the public can provide comments with respect to the rate increase. Most likely there will be hearings concerning the tariff and service issues on September 25th, 26th, and 29th in Harrisburg. Mr. Sager will ask for an executive session to meet with the Board to discuss this litigation and the extent of the Township’s involvement taking in consideration issues of costs. Ms. Kristen Davis – 1022 Rhoads Avenue, commented that since July 2004 her family has had contamination in their water. Mr. Davis stated that at first she wasn’t too concerned because she didn’t realize how it would ultimately affect her family. This has been an issue for 4 years and she stated that she is now outraged. Last week she was notified by the Federal Housing Authority by whom she was trying to refinance through that basically her home isn’t worth very much because of the contamination and the fact that the Federal Government has concerns about anyone who may purchase her home for their safety and well being. This has been going on for 4 years stated Mrs. Davis. Mrs. Davis stated that she wants safe drinking water for her family. Mrs. Davis stated that she has contacted Representative Mensch’s Office and is also contacting the Governor’s Office. Mrs. Davis stated that what is happening now is that depending on how high the contamination is, the DEP is deciding to give filters to certain homes, but because my contamination isn’t 75% or above, I don’t qualify for a filter. This is outrageous stated Mrs. Davis. Why aren’t we demanding that Boyertown Water, who has a pipe line not 100 yards from my house to hook up asked Mrs. Davis. Mr. Sager stated that 3 or 4 years ago, the Township did go to Boyertown Water and they said no because it wasn’t financially feasible. Mr. Sager stated that Superior Water agreed to take it as a franchise. They have not put in a line yet, because of their issues with the PUC. Mr. Sager commented that fees are being discussed and the Township is the one who is taking the position that the fees should not increase until they get the Rhoads Avenue matter worked out. Mr. Sager commented that the Township has done what it needs to do, but it cannot assume liability for this matter. Mr. Sager stated that he believes Mrs. Davis should put pressure on the state for help in this matter. Mr. Davis commented on the business in the Township that caused the problem. It was commented that it was a dry cleaning business that was believed to have contaminated the water almost 30 years ago. Mr. Davis asked if Gambone owns Superior Water and the response was yes. Mr. Davis asked if Gambone is still building in the Township and the response was that Gambone doesn’t have any development on the books at this time. Mr. Davis commented that this is his conflict. We originally signed a paper that stated that we were going to be connected to Boyertown Water Supply and 6 months after that we get a letter indicating that we are going to be connected to Superior Water instead. Mr. Sager commented that part of the issue is that Gambone isn’t building, and if he was, the water connection would have already begun. Mrs. Davis demanded that the residents get hooked up to Boyertown Water Supply next week. Mr. Sager stated that the Township cannot require Boyertown Water to hookup to the residents with contaminated water. Mr. Turner stated that the Township had tried to get Boyertown Water to hookup and they indicated no. Mr. Sager reiterated that the forum at this point is the PUC. Superior desires a significant rate increase for this area. Superior has not fulfilled their obligations under their franchise agreement. Mr. Sager stated that the Township would be happy to have Boyertown Water supply water to Douglass Township, but they are not willing to supply us water. Boyertown Water Supply felt by supplying Douglass Township with water would be a financial problem for them. Mrs. Davis commented that she isn’t asking for an extension to the line, just to allow the residents to tap into the line. Mr. Sager reiterated that Boyertown Water Supply is not willing to allow this action. Mr. Ricky Smith commented on the same issue. Ricky stated that 2 years ago he sat in on a meeting here at the Township and heard that there was going to be a switch from Boyertown Water to Superior Water. Ricky stated that at that time he questioned the Township on the fact that the residents of Rhoads Avenue were never notified of this switch. Ricky stated that the residents on Rhoads Avenue signed an agreement to allow Boyertown Water to hookup. We were never notified that there was a change. Mr. Turner commented that the Board of Supervisors was happy to supply the residents with Boyertown Water, but Boyertown Water was the one that indicated that they didn’t want to supply the water. Mrs. Davis questioned if Boyertown Water was pressured as much as Superior Water and the response was that there were numerous meetings set up to try and persuade Boyertown Water to hookup, but they refused. Mrs. Davis commented what needs to be done to see that the residents get clean water. Mr. Sager stated that the residents should continue to pressure DEP and your State Representatives because these are the people with the jurisdiction. Mr. Theil commented that he feels very bad for Mrs. Davis, because he went through the same issue at his residence on 6th Street. DEP is the only people who are going to be able to help commented Mr. Theil. Mr. Theil stated that the Township has gone way beyond what they had to in order to help, but it is DEP who is responsible for every drop of water in the state of Pennsylvania. The Township held numerous meetings, but in the end it all comes down to DEP finding a water source at an economical price and getting it resolved. Mr. Davis reiterated that the problem he is having is the residents now end up with Superior Water who is owned by Gambone who is trying to get his property developed and nothing will happen until Gambone gets what he wants. This doesn’t look good to me stated Mr. Davis. Mr. Turner commented that unfortunately, the only two water companies in the surrounding area that can supply water to Douglass Township are Superior Water and Boyertown Water. The choices are limited commented Mr. Turner. Another issue discussed was that wells would have to be drilled and then tested to ensure that they aren’t tainted. Mr. Al Turchanik clarified that what he is hearing is that Superior Water isn’t planning on expanding its water lines until his construction starts. Mr. Turner stated that he didn’t hear this being said, but that doesn’t mean it isn’t true.
3 S-9 Renninger Subdivision – New Hanover Township – See Mike’s Report.
4 S-10 Danny Jake – We are awaiting information requested of Ed Mullin.
5 S-12 Donnelly Tract – Open Space – At the June 16, 2008 Board meeting, the Board held an executive session to consider further discussion for land acquisition of the Donnelly Tract by way of grants. At the public meeting, the Board moved unanimously to direct the Solicitor to negotiate an agreement to acquire the Donnelly Tract subject to grants without cost and expense for the land purchase to the Township. Accordingly, the Solicitor has been in negotiation with the Gambone organization concerning the acquisition. We have negotiated an agreement that basically would require no contribution by the Township so long as the Township was able to obtain a grant from Montgomery County. If the Township could not obtain a grant, the agreement would become null and void. Mr. Carl Hiryak asked how many acres are included with respect to the Donnelly Tract and the response was 80 acres minus 5 acres around the house. A motion was made to approve the acquisition subject to the Township not having to bear any payment towards the acquisition of the tract and authorize the Chairman to execute the agreement on behalf of the Township subject to the grant by Mr. Lignelli, seconded by Mr. Turner. Turner-Aye, Lignelli-Aye. Motion passed. (It was commented that for legal purposes, it must be the Chairman who executes these agreements.)
6 S-13 Dienno Tract (Kane Core, Inc.) – Hallowell Road – Mr. Sager communicated with the court administer on June 19, 2008. Mr. Sager advised that the matter will be handled by scheduling an argument date. Mr. Sager asked to expedite the matter to dispose of and resolve issues. Default judgment was entered by Judge Saylor on July 3, 2008.
7 S-15 Backenstose (Ritter Est.) v. Douglass Township – Nothing to report at this point in time.
8 S-18 Cobblestone Crossing – Smith Road Bridge –See Engineer’s Report.
9 S-33 Redding v. Douglass Twp. Et al – We received communication from Mr. Sherr that the Redding case is being praeciped for trial. The case will be listed for a settlement conference. Mr. Sherr will keep everybody advised.
10 S-52 Summerhill Open Space – The status of the punch list items and the cure and correction was discussed at the Board meeting on June 16, 2008. Mike Heydt reported that the Gambone organization is proceeding with respect to taking care of issues relating to the storm water basins. He has not received confirmation as to what other punch list items are going to be completed and when. Mike was directed to communicate with the representative from Gambone to advise that confirmation of the punch list items needs to be given to the Township and a time frame for the cure and completion of the same so that the Board can be satisfied that all the maintenance issues are being attended too. The response by the Gambone organization was to be told that action would be taken by the Board at that meeting if there was not a good faith effort to resolve the maintenance issues and the punch list items. Mike stated that Gambone has fixed the basins and that’s all he is aware of at this time. Mike stated that he has tried to contact Charlie numerous times but still hasn’t received a call back. Mr. Allen Mandelbaum (attorney for Summerhill) stated that this has been going on for some time now. We did manage to get an inspection done at the end of April, which was 1 of 3 inspections. The Township’s engineer came up with a punchlist that everyone involved agreed with. It’s been about 90 days now stated Attorney Mandelbaum. Mr. Mandelbaum stated that he has attempted to make conversation with counsel for Gambone as well as Mr. Davis with Gambone and has received no response to date. Mr. Mandelbaum stated that in a letter to Mr. Sager, he requested counsel should meet to the advantage of the Township as well as the Homeowners Association that we enter into a formal agreement with the Gambone Organization that there would be a timely and good workmanship completion and resolution of all the agreed upon matters on a date certain so that we can be done with this situation and the homeowners can be resolved of the matter so that it is over and there is a bond. Mr. Mandelbaum requested a modest 2 page agreement that includes the Township Engineer’s report, the agreement by all parties, an agreement by date certain, and that the bond will then be released. Mr. Lignelli asked Mr. Mandelbaum if this is something he wants the Township to put together or if he is going to put this together. Mr. Mandelbaum offered to put this agreement together, but he doesn’t want to provide any difficulties or problems for the Solicitor, but he’d be happy to do this and in a timely manner. Ms. Pratt wanted to add for the record that Summerhill is 6 years old, this was an 18 month maintenance bond that has well expired. We have several homeowners that have since sold their homes and while at the settlement table had to explain that even though the roads are dedicated, the maintenance bond isn’t done and here are a list of things that need to be done to your house and good luck. The residents are going nuts with respect to this matter. Mr. Mandelbaum commented on the storm water basin issue whereas, it benefits the Township, but doesn’t benefit the homeowners. Issues not completed are curbing, stormwater basins, etc. These are modest issues that can become very big problems if not resolved soon stated Mr. Mandelbaum. Mr. Mandelbaum asked for a good faith commitment from the Board that they will review this and make a decision at the next Board of Supervisors meeting on August 18, 2008. The Board agreed to make a motion at that time. Ms. Pratt commented for the record that there are 5 or 6 homes in Summerhill that the Engineer and Mike commented that were the homeowners’ problems.
11 S-55 Water Contamination – VOC and TCE problem – See S-3 (Superior Water)
12 S-72 Gilbertsville Fire Co. No. 1 – The Board of Supervisors held an executive session during its meeting of June 16, 2008. Thereafter, it was reported to the public that as a result of the litigation issues, meeting had been held to find a replacement Trustee for Andrew Hildebrand. The Board had contacted Charles Haddad, Esquire, a well respected attorney and businessman and the recipient of the Man of Year Award for Boyertown. Mr. Haddad graciously stated that he would accept the position on the resignation of Mr. Hildebrand and court approval of his being the Trustee. The Board is concerned about the prior Trustee’s communication, leadership, planning and resolution of financial issues and concerns as well as accounting matters. The Board has made it quite clear that it is committed to Fire & Rescue providing emergency services on behalf of the Township. The appointment of the Trustee would be in accordance with the duties and obligations of Mr. Hildebrand. An agreement had been proposed to effectuate the change of Trustees. The matter was discussed at the public meeting. The issue of concern was whether the Township should have the power to remove the Trustee and establish a successor Trustee. The Board was originally reluctant to enter into an agreement to that affect based upon its then understanding that Mr. Haddad wanted the court to oversee that aspect of the Trust arrangement. However, when the matter was discussed publicly with Mr. Haddad present, he stated that as long as he was appointed the Trustee by the court with the powers as set forth per the prior court order and the stipulation of the parties, he was satisfied that the Township should undertake hereinafter the regulation and appointment of the Trustee to avoid future litigation with respect to that issue. Based upon that position, the Board deferred to Mr. Haddad and agreed to execute the stipulation as proposed. The stipulation is being circulated for execution by all parties. We have been in touch with the court and Judge Del Ricci has indicated that he would sign an order pursuant to a stipulation that all parties have consented to. Meanwhile, Mr. Haddad continues to meet with the representatives of both organizations and discern what the issues are. He has undertaken to review bookkeeping and accounting issues and resolve the same. We have asked the Trustee for his books and records. He indicates that he will provide the same to the Trustee by dropping off at the Township the requisite books and records. Mr. Haddad stated that it is his understanding that the stipulation isn’t in a position to be signed by the Court. Mr. Haddad stated that it is his understanding that Fire & Rescue is not approving the stipulation as prepared. Mr. Haddad commented that he has tried to call Mr. Heinz this morning, but apparently Mr. Heinz is on vacation until next Monday. Mr. Haddad stated that it is his understanding from communicating with Mr. Smith that items 2, 3, 5 and 7 are not being accepted by Fire & Rescue and further Attorney Hildebrand, the current Trustee, will not resign until a new Trustee is appointed. Mr. Haddad commented that he is in limbo at this point. He has stated that he has met with Fire & Rescue as well as Fire Company #1 and has developed a relationship with both sides and he feels that things can move forward, but he can’t get any kind of records from Attorney Hildebrand and can’t make any changes at the bank without the by-laws and by being the Trustee. Mr. Mandelbaum commented that whatever the problem is on the stipulations, it aught to get resolved through all attorneys.(Township Solicitor, the Attorney for Fire Company #1 and the Fire & Rescue attorney) Mr. Haddad stated that his further recommendation being that absent death stipulation being executed, Mr. Haddad can act in an advisory capacity but not as a Trustee. It is important that at some point that Fire Company #1 has some record and knowing what they are doing and where their money is at stated Mr. Haddad. At this point, Mr. Haddad can not make this determination. Mr. Haddad stated that his recommendation to the attorneys and the Board was that we strike a balance as of August 1, so that the monies coming into Fire Company #1 start the accounts at that time so that we have a record of what monies are coming in and what monies are going out and what the results are in operation. The way it is now, there is time and money being spent in doing bookkeeping and record keeping in 2007. We are trying to learn what happened in the past, but don’t know what is happening now stated Mr. Haddad. Mr. Haddad stated that neither Fire Company #1 nor Fire & Rescue are getting anywhere. Fire & Rescue is saying that they have no money coming to them from #1 and #1 is saying they don’t know where their money is going or how it is being spent. It benefits both sides to allow Mr. Haddad to work with them. Mr. Haddad stated that he can’t understand what the issues are over the stipulation. They are just words. If you want a new Trustee, this stipulation needs to be worked out, if you want to stay with Attorney Hildebrand, then that is fine stated Mr. Haddad. I’m willing to work with both groups stated Mr. Haddad, but I can’t continue being in limbo. Mr. Lignelli reiterated to Ricky that it is imperative that Al and Judy Rettew bring their financial condition, current and up-to-date to the Board. Regardless of where you go, whether it’s with Mr. Haddad or Mr. Hildebrand, the Township is tired of getting the run-around with respect to the lack of financial transparency that is being put forth by Fire & Rescue. Mr. Lignelli stated that when we received last year’s financial statement for 2007, the balance sheet only showed $538 being reported from Bingo and every call we make to Judy Rettew, there is no response. There are some serious financial issues and concerns that the Township has, not with #1, but with Fire & Rescue and this is raising some serious concerns as to whether or not Fire & Rescue can provide long-term emergency services to this Township stated Mr. Lignelli. Chairman Turner stated that it was his understanding that the Board had an understanding in principle. Supervisor Lignelli stated that you either want to cooperate or you don’t and that’s the bottom line.
13 S-75 Boyertown Sanitary Disposal Landfill – The Manager reported at the Board of Supervisors meeting on June 16, 2008 that the Tax Claim office has been contacted and the Borough should receive a report from the Tax Claim Bureau shortly. A further report as to back taxes due will be made in the near future.
14 S-77 Shellenberger – Berks Mont Camping Center – See Engineer’s Report.
15 S-78 Cobblestone Commons – See Engineer’s Report.
16 S-112 Dunkin Donuts –See Engineer’s Report.
17 S-114 Little Faces Child Care/S-ORD-26 Swamp Pike Overlay – Nothing further to report.
18 S-120 Weis Market – Town Plaza Shopping Center –See Engineer’s Report.
19 S-123 – Bart Golf Subdivision (New Hanover) – See Mike’s report.
20 S-124 – Wynstone Subdivision (New Hanover) – See Mike’s report.
21 S-133 Hunsicker Farm – Mr. Sager stated that the Township received a decision today based on the DEP and SYNAGRO request that our appeal to dismissed. The Judge found that the Township’s appeal should not be dismissed and that we due have grounds to proceed.
22 S-135 Avante Apartments – As we reported at the Board of Supervisors meeting on June 16, 2008, a staff meeting was held on June 4, 2008. We have heard from Mr. Karver with respect to the issues that were presented at the staff meeting. We have made a suggestion that obviously would have to be approved by the Planning Agency and the Board as to an agreement concerning the transfer of density use rights that would allow the development of further units at the Avante Apartments but would require the developer to contribute to the obtaining of open space in another area of the Township.
23 S-136 Bonanza – Hartford Retail – Giant – Stetler – See Engineer’s Report.
24 S-140 Hollenbach Construction – 166 Holly Road, 21,120 sq. ft. addition to existing warehouse – See Engineer’s Report.
25 S-144 Libor Property – Open Space-475 Congo Rd., Gilbertsville – Mr. Sager stated that the Township is in the process of determining how to use the property. Mr. Lignelli stated that the Open Space Committee had an opportunity to walk the property. We spent about ½ hour to 45 minutes walking around the property and we are meeting again on July 21st stated Mr. Lignelli. We will come up with recommendations and bring them to the Board sometime in August stated Mr. Lignelli.
26 S-148 Mann Tract Subdivision (New Hanover Township) – See Mike’s Report.
27 S-150 Windemere – 131 Niantic Road – See Engineer’s Report.
28 S-152 Sealstrip Corporation – 103 Industrial Drive – See Engineer’s Report.

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

Andy Duncan presented the Recycling Report.

1. Approx. $1,200 in scrap metals (2 loads of light iron)
2. Approx. $800 in Corrugated cardboard sales (2 loads)
3. It is time to tub grind the brush pile at the recycling center for the second time this year. Andy stated that he spoke to Bill Friel about the possibility of grinding the pile again. Mr. Friel stated that he would be interested in completing this for us again and the price would be $3999.99. Mr. Friel stated that since the grinding will not contain any leaf material, that it should go much faster than the last grinding that had taken place in January. A motion was made to authorize Mr. Friel to do the tub grinding for a price of $3999.99 by Mr. Turner, seconded by Mr. Lignelli. Turner-Aye, Lignelli-Aye. Motion passed. Mr. Lignelli asked Mr. Friel if the texture of the mulch will be finer then what was done previously and Mr. Friel responded that it is run through the screen once. Mr. Friel stated that he would have to charge more to run the entire amount through a second screen.
4. Ms. O’Donnell is moving forward with the reimbursement forms from the 2006 902 grant form DEP so that we can start collecting money that was awarded on the grant. Andy asked Mr. O’Donnell if we received any money back to date and Ms. O’Donnell responded no, but that the Township did receive a letter commenting on the fact that there are no females working at the Recycling Center.
5. Andy commented that he would like to have a quick meeting with Ms. O’Donnell when she has time to discuss the purchase of the Case Trachoe from the grant that we received.
6. Andy would like to move forward with the purchase of a roll-off container for our hook-lift truck. This was a budgeted item, and since our last quote, the price was $3,815. Andy commented that he will do a double check to make sure that the price still stands. If not, he can come back at the next meeting and report any changes. A motion was made to authorize Andy to purchase the roll-off container with the condition that is does not cost above $4000 by Mr. Turner, seconded by Mr. Lignelli. Turner-Aye, Lignelli-Aye. Motion passed.
7. Road side trash cleanup has been completed by the Montgomery County Community Service work crew.
8. Andy received the 2007 904 grant fro DEP. This has been filled out and will be sent in to Harrisburg by the end of July. The application deadline is September 30, 2008.
9. Recycling tonnages have increased by almost 150 tons from 2006.

Mr. Carl Hiryak asked what the procedure is to have recycling bins replaced. Andy commented that Mr. Hiryak should bring his old bins to the Recycling Center and replacement bins will be given in exchange.

Mr. Lignelli asked Mr. Hiryak if he is getting the cooperation needed by the recycling employees. Mr. Lignelli asked Andy if he received the complaint that is being referred to at this time and Andy responded yes and the complaint has been taken care of.

A motion was made to Recycling Report by Mr. Turner, seconded by Mr. Lignelli. Turner-Aye, Lignelli-Aye. Motion passed.

Scott Groff presented the Highway Report.

1. Blacktopped swale at Hoffman and Congo Niantic.
2. Fixed storm drain behind Recycling Building.
3. Blacktopped a swale on Swinehart Road.
4. Blacktopped a swale on Montgomery Avenue.
5. Dug out and added soil in swale in front of Trinity Church. (Needs more work.)
6. Installed pipe in ditch on open space property on Merkel Road.
7. Filled in ditches at mailboxes on Virmay Drive and Second Avenue.
8. Installed 2 pipes on Middle Creek Road preparing for an overlay.
9. Worked on cleaning up the Libor property.
10. Poured a concrete pad for the police station evidence box.
11. Installed street signs as needed (9 were just received.)
12. Second round of mowing has just started.

Scott thanked Pete and Mike for all the work they did in putting out the bids while he was on vacation.

Mrs. Ellen Edman commented on who mows the grass between 37 Gilbertsville Road and the Corner Store. Scott commented that this task is the responsibility of Montgomery County. Pete and Mike commented that this is a PENNDOT responsibility. Scott commented that the Township does trim along the bridge on Grosser Road and they will take a look at this as well. Pete stated that the Township has mowed this area in the past and will see that it is taken care of as well.

Mr. Lignelli commented on the eventual overlay of Middle Creek Road and how that one section tends to flood. Mr. Lignelli stated that when Gambone was going to develop the Donnelly Tract, part of the improvement there was going to be to the retention basins on Middle Creek Estates. Mr. Lignelli stated that some sort of improvement needs to be done to the retention basins or storm water issues. Mr. Lignelli stating that he is assuming a good overlay will last about 15 years, but if you don’t improve the stormwater conditions on some of the nearby properties, that overlay will only last about 5 years. Mr. Lignelli stated that since we are proceeding with the overlay, shouldn’t be take a second look at fixing up some of the nearby stormwater issues. Mike and Scott commented that they have a plan to fix the retention basins before the overlay goes in.

Mr. Theil commended the road crew on a job well done on Montgomery Avenue. Mr. Lignelli thanked the road crew for the great job they did on cleaning up the Libor Tract as well. Mr. Carl Hiryak commented on the weed control that is needed on Gilbertsville Road.

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

2008 Road Material

Fuel Bids – Penn Petroleum (WM. R. Gift) Boyertown Pa, 19512
Diesel Fuel – 10,000 $4.12/Gal.
Heating Oil – 6,000 $3.70/Gal.

Blacktop – Bechtelsville Asphalt, Bechtelsville, Pa, 19505
9.5MM Top Course 18,000 $59.07/ton
25MM Base Course 2,000 $49.68/ton (Escalator clause had to be included per Mike)

Stone – Martin Stone Quarries, Bechtelsville, Pa, 19505
2A Aggregate - Shoulder Work $5.25/ton
2RC Aggregate – Dirt Roads $4.00/ton
#57 Aggregate – Drainage $7.75/ton
#4 Rip Rap – Erosion Control $9.50/ton
#3 Aggregate – Clean Drainage $8.50/ton

A motion was made to approve the 2008 Road Material bids listed above by Mr. Turner, seconded by Mr. Lignelli. Turner-Aye, Lignelli-Aye. Motion passed.

2008 Road Projects (Weller Road and Middle Creek Road)

Reid Paving Contractors, Gilbertsville, Pa, 19525 $68,792.00
Bracalente Construction, North Hampton, Pa, 18007 $83,045.00

Mike stated that the Township Engineer recommended that the Board go with Reid Paving with a bid of $68,792 contingent upon the Contractor supplying the required bonds and insurance.

Mike stated that Reid Paving was used by the Township a few years ago, and we had no issues and he concurs with the Township Engineer. These bids are only to put the blacktop in place and does not include the price of the blacktop commented Mike. It was asked what the total cost will be and Mike responded $250,000. Ms. O’Donnell stated that only $225,000 was budgeted under State Aid. Mike asked how much is in the regular budget and Ms. O’Donnell commented that we already used the money in the regular budget for other things. Mike stated that Reid Paving will do the project, and then we will just have to do Middle Creek Road and work out the numbers. Mr. Turner stated that if we just do Middle Creek Road, then the bill should be less as well.

A motion was made to accept Reid Paving with a bid of $68,792.00 as long at the Township stays within its current budget of $225,000 by Mr. Turner, seconded by Mr. Lignelli. Turner-Aye, Lignelli-Aye. Motion passed.
Mike Heydt presented the Zoning Report.

1. Mike reviewed the statistics for the month of June as follows: New Homes (1), Total Cost ($60,480.00), Fee’s Collected ($950.95), Large Permits (0), Small Permits (27), Fee’s Collected ($2,361.80), Driveway Permits (1), Fee’s Collected ($50.00), Demolition Permits (1), Fee’s Collected ($75.00). OP’s for the month of June (5), Inspections (52).
2. S-9 Renninger Subdivision – No movement to date.
3. S-123 Bart Golf Subdivision – No movement to date.
4. S-124 Wynstone Subdivision – No movement to date.
5. S-148 Mann Tract Subdivision – No movement to date.

A motion was made to accept the Zoning Report by Mr. Turner, seconded by Mr. Lignelli. Turner-Aye, Lignelli-Aye. Motion passed.

Cindy O’Donnell presented the Treasurer’s Report

1. Ms. O’Donnell reviewed the Treasurer’s Report as follows: Cindy stated that the bills total $175,612.59. Some unusual bills this month are as follows: Repairs to bucket truck - $4,188.20 to Baker Equipment, 3rd installment to Boyertown YMCA - $1,434.00, Receipts of tax money – Bankruptcy - $671.75 to Montgomery County Tax Claim Bureau, State Workers’ Insurance Fund - $7,714 for audit work, Suburban Water - $2,809, Traffic Pump Solutions - $4,075. Cindy commented on the credit with respect to Pennoni in the amount of $3,312.50. No bill has been received for 2 months. This credit was because of a duplication of work when they first came on board commented Cindy. A motion was made to authorize paying the bills by Mr. Turner, seconded by Mr. Lignelli. Turner-Aye, Lignelli-Aye. Motion passed.
2. A motion was made to do a budget amendment moving $5,000.00 from overtime – Line item 410.183 to education – Line item 410.460 by Mr. Lignelli, seconded by Mr. Turner. Turner-Aye, Lignelli-Aye. Motion passed.

Mr. Turchanik commented on the Treasurer’s Report. Mr. Turchanik questioned the McMahon bill totaling $13,713.82. Mr. Turchanik wanted clarification that this bill is for a traffic study. Ms. O’Donnell commented that the entire bill is being re-billed to the developers. Ms. O’Donnell commented that the first bill listed under McMahon for $10,887.43 is for the Route 100 Corridor Study and is being re-billed to the developer. Mr. Turchanik asked about the Sager & Sager Associates bill totaling $11,172.00 and asked if any of this is being re-billed. Ms. O’Donnell commented yes. Ms. O’Donnell referred Mr. Turchanik to the back of the Treasurer’s Report where Ms. Gilroy takes McMahon, Sager & Sager and Pennoni and breaks out the charges that are billable back to the developers.

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

Pete Hiryak presented the Manager’s Report.

1. Pete went over the schedule of upcoming meetings as follows: Planning Agency Meeting on Thursday, August 14th @ 7pm and Board of Supervisors Meeting on Monday, August 18st @ 7:30pm.
2. Red Cross – requested permission to use the Township Building on Thursday, July 24th, 2008 as part of their blood drive. The Board agreed to this use.
3. Resignation Letter – Cindy Pratt – Planning Agency September 12, 2008. A motion was made to accept Cindy Pratt’s resignation letter by Mr. Turner, seconded by Mr. Lignelli. Turner-Aye, Lignelli-Aye. Motion passed. Pete stated that any interested residents should send a letter to the Township Office and Pete will ensure that the Board gets a copy as well. Mr. Lignelli commented that he is sorry to see Ms. Pratt leave the Township.

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

Public Comment

Mr. Pritchard commented that it is his understanding that Township owns the rental house next door. Mr. Pritchard asked where he can acquire the financial information for that rental unit. Ms. O’Donnell commented that this information is located on the General Fund there is line item 342.20 Rent of Building. Ms. O’Donnell commented that this rent includes the pavilions in the park and the rental unit. Ms. O’Donnell commented that the expenses that go against that property are under line item 409 with the Building Expenses. The utilities are not segregated by buildings stated Ms. O’Donnell, however; the line item 409.430 – Real Estate Taxes is only for the house rental in question…this is not tax exempt.

Mr. Carl Hiryak commented on the water issues over the last 4 years. Would it be feasible for the Township to start thinking about maybe going into the water business? Mr. Turner commented that he can’t speak for Mr. Lignelli, but he doesn’t want to go into the water business. Mr. Hiryak stated that maybe it wouldn’t be a bad idea since Boyertown doesn’t want to help us, Gambone doesn’t know what he’s doing and the residents are having problems. It was commented that if this business was a money maker, then it would be getting done already. Mr. Hiryak commented that he is just talking about quality service for the residents. Mr. Turner stated that this project would open up “Pandora’s Box” with commissions and everything that goes with it.

Old Business/New Business

Mr. Lignelli commented on the Open Space Committee. Mr. Lignelli stated that the Open Space Committee met tonight prior to this meeting at the Libor Tract to access the property and the building on the property to discuss open space policy in general. Given the current economic climate, the Township has been offered various properties for some of the property owners in the Township. We’ve received letters from about 3 or 4 owners already from people who have expressed interest in being put into the Open Space Plan. Currently, at the top of our list is the Donnelly Tract which we discussed earlier. There are also properties like the Dienno Tract, Rapp Tract, and most recently the property on Congo Road and Smith Road known as the Williams Tract. The bottom line is money commented Mr. Lignelli. The Open Space Committee has suggested that the Township look at perhaps putting a referendum on the ballot in the general election to ask the residents whether or not they would like to have a millage installed to specifically go to the purchase of open space. A motion was made to direct the Solicitor to look at establishing or formulating a referendum and finding out the particulars involved in getting the ballot in the general election to ask the residents whether or not they would like to have a millage installed for the purchase of open space by Mr. Lignelli, seconded by Mr. Turner. Turner-Aye, Lignelli-Aye. Motion passed.

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

The next Board of Supervisor’s meeting will be held on Monday, August 18, 2008 at 7:30 pm.

Respectfully submitted by,

Stacy Gilroy
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