MINUTES EXETER TOWNSHIP BOARD OF SUPERVISORS MEETING APRIL 12, 2010

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1 MINUTES EXETER TOWNSHIP BOARD OF SUPERVISORS MEETING APRIL 12, 2010 A Regular Meeting of the Exeter Township Board of Supervisors was called to order on Monday, April 12, 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, Personnel Administrator/Assistant Secretary Andrew J. Bellwoar, Esquire, Solicitor Cheryl A. Franckowiak, Zoning/Assistant Code Enforcement Officer Christopher L. Neidert, Chief of Police Clarence D. Hamm, Highway Superintendent Paul A. Herb, Wastewater Treatment Superintendent Joseph I. Seltzer, III, Park & Recreation Superintendent Joseph P. Rogosky, P.E., Great Valley Consultants Pledge of Allegiance The Meeting was opened with the recitation of the Pledge of Allegiance. Public Comment Craig Sancinelli, 4370 Hillside Road, thanked the Township for its efforts to reduce the cost of street lights and stated many street lights in his area were not working. Mrs. Franckowiak explained the process for replacement, noted Met Ed was responsible and stated she would look into it. Mr. Sancinelli asked if any consideration would be given to reducing the debt service tax since the Reading Country Club was starting to become profitable. Mr. Lloyd explained the $400,000 was technically not a profit that could be applied to the debt service tax; and the Club was still in the red. Mr. Smith felt any extra revenue from either the restaurant or the golf service should be used against debt service; not used for other township expenditures. Mr. Sancinelli asked what the Fire Hydrant Tax was for to which Ms. Waldman responded the tax paid for the cost of bringing water to the hydrant. Mr. Sancinelli suggested the law be enforced to remove motorized scooters from the streets. Jordan Bausher, 391 Ritter Road, stated in the area of Route 562 and Farming Ridge Boulevard, much trash was tossed roadside and recently, neighbors on Owls Nest Drive picked up trash and recycling. He noted the recyclables were placed in the township bins; and asked whether or not the trash could be dropped off at park receptacles for pick up by the township. Mr. Hamm suggested the trash be brought to the township and Mr. Wilson suggested coordinating the effort with Mr. Hamm. Mr. Bausher stated some citizens had volunteered to remove graffiti to which Mrs. Franckowiak stated Exeter participated in the Berks County Program that removes graffiti and she would inform them about the problem locally. Louise Swartley, 31 Troxel Road, requested the Board abstain from concluding item #3, on the agenda and allow her to make a comment. She stated she also had cleaned up trash from the three roads surrounding their farm and asked if she could bring the trash to the township as well. Mr. Wilson stated his concerns with allowing individuals to bring trash to the township because

2 MINUTES OF APRIL 12, 2010 BOARD OF SUPERVISORS PAGE 2 OF 7 it would open the doors for more residents to do so; and stated an exception was made for Mr. Bausher s request only because a civic group was involved. Mrs. Franckowiak noted prisoners were requested to pick up roadside trash at least once a year to clean up the most littered areas and if Mrs. Swartley s area is one of those, they could be directed to do so in her area. She stated at the end of the meeting she would like to introduce a volunteer system for the Township in partnership with the school and with individuals from neighborhoods. Presentation - Penn DOT (Rte. 345 Bridge & Bridge Street Replacement Project) Eric Martz, Project Manager for Michael Baker Jr., Inc., design/build contractor representing PennDOT, gave a quick overview stating bids would be requested in November of 2010 for the Route 345 Bridge & Bridge Street Replacement Project. He delivered a long and detailed explanation of the project; and requested support for the project including the boat ramp since they were in Exeter Township. He stated the Bridge Street project met PennDOT standards; however, the road would be under the Township s width requirements and would exceed slope limits. He asked for Exeter s guidance and position on the details of this project. Mrs. Franckowiak noted this would be a road that did not meet the Township s criteria; and a private property owner was considering taking over the road; but, wanted assurances from the Township the road would be sufficient for their needs if they want to develop the area. It was noted the boat ramp would be owned by the Fish & Boat Commission, not the Township. The following opinions were voiced regarding the boat access ramp. Mrs. Franckowiak stated even if the Township said no, PennDOT would do it anyway. Ms. Kircher, Mr. Hamm and Police Chief Neidert all stated they were not interested in Township ownership of Bridge Street due to the responsibility that would fall on Exeter; the maintenance of the area; and the safety issues as the area was isolated, would be subject to criminal activity and would be difficult to patrol. Chief Neidert expressed his concerns about the speed limit on the road where boaters exiting the ramp would be pulling out. He felt this would not be a safe place to exit. Ms. Kircher felt there were better places than this location for a boat ramp; and felt the expertise and recommendations of township employees should be followed. Mr. Smith spoke on the public access issue and felt this might be what the residents wanted, and Mr. Rogosky stated PennDOT would not fund the project in which there would not be public access. Mr. Lloyd felt this could be a benefit for the Township as there were no other boat ramps upstream and the closest one downstream would be in Amity. Mrs. Starr asked if this ramp would benefit emergency services to which Mr. Martz responded it would because it would give them access to an area where there was little access. Mr. Hamm noted the fire company already had a boat ramp. Mr. Martz noted the position of the Fish & Boat Commission was the ramp would attract tourist dollars. Mr. Martz stated he would take this information back to PennDOT noting if Bridge Street would not be a Township road, they would not be interested in the fish & game boat ramp. Mr. Martz stated the cost of electricity for the 4-5 street light poles in Exeter would be the responsibility of the Township and it was stated Exeter s ordinance addressed street lights and was converting them to LED s. There were many additional concerns and it was decided the matter should be addressed again at the next meeting. Minutes of March 22, 2010 Regular Meeting MOTION by Mr. Lloyd, seconded by Mr. Smith, to approve the minutes of the March 22, 2010 regular meeting as presented. Motion carried unanimously.

3 MINUTES OF APRIL 12, 2010 BOARD OF SUPERVISORS PAGE 3 OF 7 Disbursements MOTION by Mrs. Starr, seconded by Mr. Lloyd, to approve for payment the bills presented on the Disbursements List dated April 9 th in the amounts of $317, in the General Fund; $16, in the Utility Fund; $72, in the Fire Services Fund; $34, in the Capital Expense Fund; $133, in the Sewer Fund; $ in the Sewer Capital Projects Fund; $33, in the Capital Improvements Fund; $71, in the Golf Improvement Fund; $3, in the Debt Service Fund; $9, in the Apparatus Fund; $6, in the Park Fund; and $8,24.12 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. Department Reports The Engineering, Police, Wastewater, Highway and Parks & Recreation Monthly Reports for March were submitted for the Board s review. UNFINISHED BUSINESS Mehadrin Kosher Poultry Mr. Herb stated no payment had been received since the last Board meeting and a letter was sent on March 25 th from the Sewer Authority s Solicitor advising them their flow was restricted to 75,000 per day on that property. He stated the radio-head meter showed in the four hour period beginning at 9:00 A.M. until the radio read meter was put in place, 88,000 gallons were used. He stated an additional 158,000 gallons of water were used in the following 24-hour period for a total of 246,000 in 28 hours. He stated today from 3:22 A.M. to 2:22 P.M. 151,000 gallons of water were used. Mrs. Franckowiak noted a request from one employee at the plant was made and a permit was granted to build an additional building on the site for processing more chickens. She felt the problem would probably get worse. Mr. Herb stated, The quantity of wastewater coming into the plant is a problem; the quality of the wastewater, which is high in Sulfate and Sodium, is a problem and is causing the Plant to not be able to meet its NPDES Permit Requirements. He stated, The types of flows constitute exceptionally strong waste and the Sewer Use Ordinance Section contains regulations governing the admission of industrial wastes into the Sewer System including limitations on type and quantities. He stated Mehadrin s flow was tested by Suburban Water Testing Labs with a result for Total Dissolved Solids of 3190 mg/l. with a subsequent sample two days later that showed 4190 mg/l. Mr. Herb stated Discharges coming from the Mehadrin property are deemed to be harmful and are having a deleterious effect upon the Sewer System, and under the Sewer Ordinance; Exeter Township has the right to compel discontinuance of use of the Sewer System under Sections (L) and (C). Also, the Cease and Desist Order can be used to stop an actual or threatened discharge that presents an imminent or substantial endangerment to the health and welfare of persons and the environment; causes interference to the Sewage Treatment Plant, damage to the collection system or causes Exeter Township to violate any condition of its NPDES Permit, which occurred six times in the month of March. He stated, For all the reasons set forth, Mehadrin is determined to be in violation of the Sewer Use Ordinance, and is no longer permitted to discharge industrial waste into the Sewer System. Mr. Herb requested the Board approve a Cease and Desist Order for violations of the Sewer Use Ordinance. In addition, the Solicitor stated, on the separate issue of non-payment of the sewer bill, the Township should proceed, as they normally would, by placing a lien on their property.

4 MINUTES OF APRIL 12, 2010 BOARD OF SUPERVISORS PAGE 4 OF 7 Mr. Smith asked if a representative from the Company was attending the meeting to which it was observed no one representing Mehadrin was present. The Solicitor noted the Cease and Desist Order would effectively shut down their operations until they corrected the problems that are affecting the Township. MOTION by Ms. Kircher, seconded by Mr. Smith, to authorize Mr. Herb to issue a Cease and Desist Order to Mehadrin Kosher Poultry, LLC and its holding company Nassau Properties, LLC. Motion carried unanimously. Steve Rhoads, from the Fire Department, stated the poultry plant has denied the Fire Department access to check a fire alarm, and this has been an ongoing issue. The Solicitor stated he would look into it. Adoption of Streets & Sidewalk Ordinance #693 Amendment MOTION by Mr. Smith, seconded by Mr. Lloyd, to adopt Ordinance #693, amending the Streets & Sidewalk Ordinance to amend the allowable street tree list, and add required pre-emption and battery back-up device specifications for traffic signals. Motion carried unanimously. Authorize Advertising - Amended Zoning Ordinance & Set and Authorize Advertising Public Hearing Mrs. Franckowiak requested a change in the date of the hearing to June 14 th. Mrs. Swartley referred to Section C #2 stating instead of the 500 foot diameter restriction for group homes, she would like to see either 1 mile or 3 miles. She stated her concerns centered on having young children living so close to their farm and access to large farm equipment by residents of group homes. Mrs. Franckowiak stated currently the potential buyers of the Bernet s property would be helping residents from 12 years old and up and that property was near the Swartley farm. She noted the reason those properties were chosen to allow group homes by special exception, not by right, was because they were larger properties in a more spread out environment. The Solicitor recommended making changes prior to sending it to the County Planning Commission. Mrs. Swartley stated a greater distance would limit the number of group homes in a given area. Jill Skaist, 30 Devon Drive, questioned the status of what she thought was a group home on Oley Turnpike to which Mrs. Franckowiak stated that was not a group home; it was a residential property. The Board agreed to change the 500 foot diameter restriction to a one mile restriction from the shortest point of the boundary line of an existing property to the closest point of the property line of a group home in the proposed Ordinance amendments and authorized the Solicitor to make the change. Mark Koch, on behalf of Adelphoi USA, stated a special exception could require any type of reasonable conditions, and as discussed at the Planning Commission meeting, the concept was if the Zoning Hearing Board limits this to one building on the property then that limit would stand. MOTION by Mr. Smith, seconded by Mrs. Starr, to authorize advertising the amended zoning ordinance and set the hearing date for June 14, 2010 at 6:45 P.M. Motion carried unanimously. Highway Occupancy Permit Extension - Walmart Mrs. Franckowiak stated notification from PennDOT indicated not all items were completed and an extension of time would be needed. MOTION by Mr. Smith, seconded by Mr. Lloyd, to apply for a six (6) month extension for the Walmart Highway Occupancy Permit; and to authorize execution of the same. Motion carried with Mr. Wilson, Mrs. Starr, Mr. Lloyd and Mr. Smith voting in favor, and Ms. Kircher opposed.

5 MINUTES OF APRIL 12, 2010 BOARD OF SUPERVISORS PAGE 5 OF 7 DCED Grant Extension - Rte. 562/Shelbourne Road Design Mr. Rogosky stated the original $200,000 grant expired at the end of this year and an extension was required until June 11, 2011 to keep it in place. MOTION by Mr. Smith, seconded by Mr. Lloyd, to accept a contract amendment for a one-year extension on the DCED Grant for the design of the Rte. 562/Shelbourne Road intersection improvements; and to authorize execution of the same. Motion carried unanimously. NEW BUSINESS Sandritter / Woods Edge Waiver Requests Mrs. Franckowiak stated the owner had requested a change in the property line for lot #2 making it exactly 3 acres instead of 3.6 acres to comply with the Clean and Green property designation. The additional land would be added to the conservation easement and to do so required a revision of the original plan. MOTION by Ms. Kircher, seconded by Mrs. Starr, to grant waivers from SALDO, Section 3.87 (submission of Sketch Plan) and Section (required content of plan) in accordance with the recommendation of the Planning Commission. Motion carried unanimously. Keep Kids Alive Drive 25 Day Resolution #10-12 The Police Chief explained the previous resolution was for one year and this new resolution would be for every year on May 1 st. MOTION by Mr. Smith, seconded by Mrs. Starr, to adopt Resolution #10-12 designating May 1 st as Keep Kids Alive Drive 25 Day in Exeter Township. Motion carried unanimously. Approval to Hire Temporary/Seasonal Staff MOTION by Mr. Smith, seconded by Mr. Lloyd, to approve the hiring of Temporary/Seasonal staff for the Highway, Wastewater and Park Departments in accordance with the memo dated April 6 th ; and Fire Police at Trout Run. Motion carried unanimously. William Penn Grant Purchases Police Department The Police Chief requested approval of several purchases to be made with William Penn Grant monies. The Board agreed. MOTION by Ms. Kircher, seconded by Mrs. Starr, to approve the purchase of Weigh-in-Motion scales from Uwchlan Township in the amount of $7,000; and, a replacement computer for the Detective s office in the amount of $2,412 with the funds coming from the William Penn Grant. Motion carried unanimously. Pineland Park Skate Park Repairs Mr. Seltzer stated, in the interest of safety, once a year a skate park official reviews the equipment at the Pineland Park Skate Park and it was determined that repairs were needed. MOTION by Mrs. Starr, seconded by Ms. Kircher, to accept the proposal from The Breneman Company to repair the Pineland Skate Park at a cost of $1,900. Motion carried unanimously. Adopt Plan Document Amendments Resolution #10-15 Blue Cross ASO Plan MOTION by Mr. Smith, seconded by Mr. Lloyd, to adopt the Blue Cross Plan Document Amendments Resolution # Motion carried unanimously.

6 MINUTES OF APRIL 12, 2010 BOARD OF SUPERVISORS PAGE 6 OF 7 Farming Ridge Park Grant Resolution #10-13 Mr. Seltzer stated an attempt was being made once again to seek grant funds from the DCNR for the expansion of Farming Ridge Park and a resolution authorizing the Township Manager to sign was required. A resident inquired about cleaning up the park to which Mr. Seltzer stated park staff cleaned the park areas in the township every day. MOTION by Ms. Kircher, seconded by Mr. Smith, to adopt Resolution #10-13 a 50% DCNR Grant Application for an expansion of Farming Ridge Park and authorize the Township Manager to sign any and all required documentation. Motion carried unanimously. Glen Oley Farms Act 537 Sewage Analysis Mr. Herb stated he and the Sewer Authority were recommending a study, to be conducted by Berks Environtech, to identify and determine whether properties in Glen Oley Farms had failing septic systems. He stated if the study proved that was the case, the DEP would mandate the area be connected to the sewer system. He noted $100,000 had already been spent to install the necessary pump station and the study would cost $11, He stated an Act 537 Plan was conducted every 20 years. MOTION by Mr. Smith, seconded by Mrs. Starr, to hire Berks Environtech, at a cost not to exceed $11, to conduct a sewer analysis feasibility study of properties in Glen Oley Farms. Motion carried unanimously. Bio-gas Cogeneration Entech Engineering Feasibility Study Mr. Herb stated harnessing the methane gas generated by the digesters at the treatment plant and using it as energy instead of burning it off in a flare was a goal; however, it was necessary to initially conduct a Bio-gas Cogeneration study to analyze the pros and cons of proceeding. He requested Board approval to hire Entech Engineering to conduct the Feasibility Study at a cost of $8,300. MOTION by Ms. Kircher, seconded by Mr. Smith, to hire Entech Engineering to conduct a Bio-gas Cogeneration Feasibility Study at a cost not to exceed $8,300. Motion carried unanimously. Fire Department Consolidation Resolution #10-14 The Solicitor stated the Fire Services Task Force recommended the two fire companies be consolidated into one company, this action needed a filing in Orphan s Court; however, a motion to consolidate was the first step. MOTION by Mrs. Starr, seconded by Mr. Lloyd, to adopt Resolution #10-14 in support of the Consolidation of the Reiffton and Stonersville Fire Companies, including the Relief Associations, into the Exeter Township Volunteer Fire Department. Motion carried unanimously. SOLICITOR S REPORT Smith Septic System Violation 411 Oley Line Road The Solicitor stated some movement had been made, the sewer had been capped and they were working on finalizing the matter.

7 MINUTES OF APRIL 12, 2010 BOARD OF SUPERVISORS PAGE 7 OF 7 INDIVIDUAL REPORTS Community Map Mr. Gardecki stated a picture of the Board was needed for the community map and suggested it be taken before the next meeting. The Board agreed. Laptops for Board Mr. Gardecki noted the Township received laptops donated from Med-Ed for use by the Board and the Police Department. The Board thanked Met-Ed for its donation. Emergency Pre-emption Device Mr. Rogosky stated the emergency pre-emption devices had been installed at 36 th, 37 th and E. Neversink Road and the contract was completed. Volunteer System Mrs. Franckowiak suggested creating a volunteer system to assist with some work in the Township. She stated it would not be just for students; however, students were required to complete hours of community service and this would be one way to help them do that and help ourselves as well. The Board had no objections. She stated she would work with School Guidance Counselor to set it up. Antietam School Financial Assistance Request Mr. Hamm stated a request had been made by Dr. Mays regarding financial help for repaving an access road to Antietam School. The Board was not in favor of granting this request. The Board suggested Mr. Bingaman inquire about a previously discussed trade with Antietam as it was not part of the township s road system. Hazardous Household Waste Collection Ms. Kircher thanked the Police, the Fire Police and Mr. Hamm and his crew for helping with the hazardous household waste collection on Saturday. She stated 1,320 county residents dropped off 7,600 pounds of hazardous material, preventing it from going to a landfill. 33 rd Street & Old Perkiomen Avenue Parking Mrs. Starr stated the Fire Department had requested a no-parking area be designated for the parking spaces at the end of 33 rd Street. This would allow the fire apparatus more room to maneuver at the intersection. MOTION by Mrs. Starr, seconded by Ms. Kircher, to advertise a change in the Traffic Ordinance for No Parking at the end of 33 rd Street. Motion carried unanimously. An Executive Session will be held after the meeting to discuss real estate. ADJOURNMENT MOTION by Mr. Smith, seconded by Ms. Kircher, to adjourn the Meeting. Motion carried unanimously. The Meeting adjourned at 8:55 P.M. Respectfully Submitted, Eva M. Waldman Assistant Secretary