MINUTES EXETER TOWNSHIP BOARD OF SUPERVISORS MEETING AUGUST 9, 2010

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1 MINUTES EXETER TOWNSHIP BOARD OF SUPERVISORS MEETING AUGUST 9, 2010 A Regular Meeting of the Exeter Township Board of Supervisors was called to order on Monday, August 9, 2010 at 7:00 P.M. in the Township Building by Chairman Donald R. Wilson. Supervisors Present: Donald R. Wilson, Chairman Michelle P. Kircher, Vice Chairwoman Dona L. Starr Kenneth A. Smith Gary E. Lloyd Others in Attendance: Eva M. Waldman, Business/Personnel Administrator Andrew J. Bellwoar, Esquire, Solicitor Cheryl A. Franckowiak, Zoning/Assistant Code Enforcement Officer Christopher L. Neidert, Chief of Police Clarence D. Hamm, Highway Superintendent Joseph P. Rogosky, P.E., Great Valley Consultants Pledge of Allegiance The Meeting was opened with the recitation of the Pledge of Allegiance. Reading Country Club Golf Presentation Mr. Tom Morgan, A&M Golf Management, and Mr. Craig Fioravante, Reading Golf Advisory Council Acting President, presented a check in the amount of $1,200 to the Exeter Community Library. Ms. Mallory McConnell, Library Director, accepted the check with appreciation. Mr. Fioravante explained the proceeds were from the annual tournament entitled The Exeter Cup, which was held on Memorial Day, and were designated to go to a charitable organization. Ms. Kircher extended her personal thanks along with the Board for choosing the Library. Mr. Fioravante stated this was just one of the benefits the RCC can bring to the community and suggested the Board make a list of other charitable organizations to be considered by the Advisory Committee for future donations. Public Comment Mark Gettis, Carsonia Park Carnival representative, asked the Supervisors if they would be willing to waive the fireworks fee once again for the Carnival on Saturday, September 25. He stated the Carnival was going to be held at Carsonia Lake; but, the fireworks were set off from the Antietam Pool area which is in Exeter Township. He requested the fee be waived again. The Board agreed. Michael Frankhouser, from Mt. Penn, expressed his appreciation for the waiver. MOTION by Mr. Smith, seconded by Mr. Lloyd, to waive the fireworks permit fee for the Carsonia Park Carnival. Motion carried unanimously. July 12, 2010 Minutes Mr. Wilson explained it was brought to his attention that the Minutes from the July 12 meeting had not been properly approved. Even though the Minutes from July 26 show there had been a second to the motion to approve the Minutes, the recording did not verify this fact. Mr. Wilson then called for a second to the Motion. MOTION was seconded by Mr. Wilson to approve the July 12, 2010 Minutes. The motion carried with Mr. Wilson, Ms. Kircher and Mrs. Starr voting in favor, and Mr. Smith and Mr. Lloyd opposed.

2 MINUTES OF AUGUST 9, 2010 BOARD OF SUPERVISORS PAGE 2 OF 4 Minutes of July 26, 2010 Regular Meeting Mr. Smith commented he would like the following comments made by Ms. Kircher included in the minutes: Boy, I didn t know you were an air consultant now, so once I ah, upon everything else you are, but once I get the report in I ll be glad to share with the public and I trust the consultant s report more than I trust Mr. Smith s word, and I ll be glad to share it with everyone. MOTION by Mr. Smith, seconded by Mr. Lloyd, to approve the minutes of the July 26, 2010 regular meeting as amended. Motion carried unanimously. Disbursements MOTION by Mr. Lloyd, seconded by Mrs. Starr, to approve for payment the bills presented on the Disbursements List dated August 6 th in the amounts of $111, in the General Fund; $7, in the Utility Fund; $74, in the Sewer Fund; $5, in the Capital Projects Fund; $107, in the Golf Acquisitions Fund; $9, in the Apparatus Fund; and $51, in the State Liquid Fuels Fund. Motion carried unanimously. Communications A list of incoming and outgoing communications was presented for the Board s review and is available for public inspection in the Township Office. UNFINISHED BUSINESS Authorization Engineering Estimates for 2010 Traffic Light Pre-emption Project Mrs. Franckowiak stated Great Valley Consultants had already written the previous specs and a quote would be ready at the next Board Meeting. Fairview Corner/Dunkin Donuts, Escrow Release #4 MOTION by Mrs. Starr, seconded by Ms. Kircher, to approve Fairview Corner/Dunkin Donuts Escrow Release #4 in the amount of $14,300 for erosion & sediment control, storm sewers, concrete work and miscellaneous items. Motion carried unanimously. Time Extension 5796 Oley Turnpike Road (House Fire) Mrs. Franckowiak referred to the Notice of Violation sent to the property owner and verified that the clean-up had been ongoing and the owner had done a great job. Joe Smith, representing the property owner, thanked the Board and the community for their patience in this matter. He explained the difficulty regarding funds for the clean-up was between the bank and the owner, and more time would be needed to clean the property. MOTION by Mr. Smith, seconded by Mr. Lloyd, to authorize a 30-day time extension on the Notice of Violation for 5796 Oley Turnpike Road. Motion carried unanimously. NEW BUSINESS Windmill Aeration System Long Pond Mr. Hamm referred to the detention pond purchased by the Township and requested the Board approve the purchase of an aeration windmill that would oxidize and remove the algae on the top of the pond. He stated the pond also needed dredging. Lisa VanderLaan, 5560 Boyertown Pike, explained how the aeration system would help and said this system cleaned their pond in one year.

3 MINUTES OF AUGUST 9, 2010 BOARD OF SUPERVISORS PAGE 3 OF 4 MOTION by Ms. Kircher, seconded by Mr. Smith, to authorize the purchase of the Windmill Aeration System for the detention pond in Long Pond as recommended by the Highway Superintendent at a cost of $2, Motion carried unanimously. Authorize Opening Visa Checking Procurement Card System MOTION by Mrs. Starr, seconded by Mr. Smith, to approve a new bank account with Metro Bank as a clearing account for the Procurement Card System. Motion carried unanimously. County Recycling Center Paving Mr. Hamm stated he had been approached by Jane Meeks from the Berks County Solid Waste Authority who asked for assistance to pave the recycling center parking lot at 1314 Hilltop Road in Leesport, PA. He stated it would take seven workers, or half the highway crew, three days to do the job. He stated the total cost would be $58, and the Township would be reimbursed by the County. He stated Ms. Meeks would pay for the materials as needed. Her letter states they will prepare an Inter-municipal Agreement for execution upon approval from the Board of Supervisors and the County. The Board was polled. Mr. Wilson, Mrs. Starr, Mr. Smith and Mr. Lloyd agreed, and Ms. Kircher abstained because she is a member of the Solid Waste Authority and cited Section 1103 of the Ethics Code as a reason for her abstention. Brossman Subdivision Waiver Request Both Mrs. Franckowiak and Mr. Rogosky stated this had been approved by Lower Alsace and the Planning Commission. The area in Exeter Township cannot be developed and is noted on the plan as such. MOTION by Mr. Smith, seconded by Mr. Lloyd, to waive the Right-To-Review for the Brossman Subdivision as recommended by the Planning Commission. Motion carried with Ms. Kircher, Mrs. Starr, Mr. Smith and Mr. Lloyd voting in favor, and Mr. Wilson abstained due to his friendship with the Brossmans. Storm Sewer Easement Agreement 4560 Delmar Drive Mrs. Franckowiak stated this was a standard agreement and requested the Board s consideration to the owners who wanted to erect a fence in the storm sewer easement. MOTION by Ms. Kircher, seconded by Mrs. Starr, to approve a Storm Sewer Easement Agreement for 4560 Delmar Drive. Motion carried unanimously. SOLICITOR S REPORT Dietrich The Solicitor stated the Chapter 11 Bankruptcy hearing was set for August 11 th and he would attend to represent Exeter s interests. Lamar Advertising The Solicitor stated a counter offer would be made to the Board in the next 7 to 10 days. Mehadrin The Solicitor stated he had contacted the Court and requested a hearing date. They will contact him once this date has been set. He requested an Executive Session to discuss litigation after the meeting.

4 MINUTES OF AUGUST 9, 2010 BOARD OF SUPERVISORS PAGE 4 OF 4 INDIVIDUAL REPORTS Bleisath/Connolly Mrs. Franckowiak clarified the setback issue, and stated the owners would like to stack cars three high, not two high; and that would take them over the 10-foot-high court order. Mr. Wilson asked how the stacking would occur, car on top of car or by framework. Mrs. Franckowiak stated she would ask the question. Target Police Chief Neidert thanked Target in Exeter Commons for the $600 donation to purchase supplies for the child identification system. Trout Run Security Gate Mr. Hamm stated Amity Fence was working on the electric security gate at Trout Run in an attempt to stop illegal dumping. The Board stated those who use Trout Run should be prepared to show identification verifying residency in Exeter Township. Dunn Community Center Mr. Lloyd referred to the air conditioning complaint letter received from a resident that rented the Dunn Community Center and asked if a refund could be made. It was suggested Mr. Seltzer be consulted before a refund was made and a notification be sent to the woman stating the matter was being researched. Mr. Hamm noted there was an air conditioner equipment breakdown in July. Mr. Wilson noted other issues were mentioned in the letter like light bulbs being out and about the person who greeted the group at the door. It was requested Mr. Seltzer attend the next meeting to clarify the issues. Exeter Giant at the Promenade Mr. Lloyd asked if the Board could do anything about Giant Supermarket extending their lease and leaving the store empty in the Promenade Shopping Center. Mrs. Franckowiak clarified that Giant did not receive a tax break; and those that refer to a tax break were talking about the TIF that was formed to enable the road improvements to Route 422 in relationship to Exeter Commons. Mr. Wilson noted that Giant renewed the lease to keep grocery store competitors out as they had done in other areas and it probably was worth it to them to pay for the lease than to lose business through competition. He stated that was one of the issues the Economic Development Council, after it is formed, could deal with. Mrs. Franckowiak stated the property owner would be the one the Board would deal with on this matter; not the tenant. EXECUTIVE SESSION Mr. Wilson noted the Board of Supervisors will meet in an Executive Session after the meeting to discuss litigation regarding Mehadrin.

5 MINUTES OF AUGUST 9, 2010 BOARD OF SUPERVISORS PAGE 5 OF 4 ADJOURNMENT MOTION by Ms. Kircher, seconded by Mrs. Starr, to adjourn the Meeting. Motion carried unanimously. The Meeting adjourned at 7:40 P.M. Respectfully Submitted, Eva M. Waldman Assistant Secretary