Minutes-2015__April 13

MINUTES
EXETER TOWNSHIP BOARD OF SUPERVISORS MEETING
APRIL 13, 2015
A Regular Meeting of the Exeter Township Board of Supervisors was called to order on Monday, April 13,
2015, at 7:03 P.M. in the Township Building by Chairman Jeff Bukowski.
Supervisors Present:
Jeff Bukowski, Chairman
Dona L. Starr, Vice Chair
Kenneth A. Smith
Gary E. Lloyd
Barry K. Ziegler
Others in Attendance:
Troy S. Bingaman, Township Manager/Secretary/Treasurer
Andrew J. Bellwoar, Solicitor
Cheryl A. Franckowiak, Zoning/Asst. Code Enforcement Officer
Christopher L. Neidert, Chief of Police
Joseph I. Seltzer, III, Park & Recreation Superintendent
Joseph P. Rogosky, P.E., Great Valley Consultants, Township Engineer
NOTE FOR THE RECORD: The Board met in Executive Session prior to the meeting to discuss personnel.
The Meeting was opened with the Pledge to the Flag.
Public Comment
Robert Jordan, 14 Ironstone Dr., Fire Chief of ETVFD gave the Board an update of the EMS project;
Chief Jordan stated that on March 23, 2015 they transferred 911Emergency Services; the transfer has been
seamless and transparent. They have two (2) ALS units in service, one unit is in service 24 hours a day; the
second unit is in service 12 hours a day from 6am to 6pm. Chief Jordan stated they have seen a drastic
reduction on QRS. All the issues with billing and subscription have been resolved; ETVFD and Muhlenberg
Ambulance will honor EAA Subscriptions. The two (2) ETVFD ambulances are in service and BLS licensed.
Chief Jordan stated that their acute needs are procurement of ALS equipment; ETVFD would like the Board of
Supervisors to consider using the $50,000.00 EMS line item for this purpose as well as allow ETVFD to borrow
funds from the TWP with a 2 year payback. They are also in the process of addressing unit resources and needs
for personnel. Mr. Bukowski asked Chief Jordan if the ETVFD could purchase any of the equipment needed
through the EAA; Chief Jordan stated that at this time he does not know, but will look into. Mr. Bukowski
recommended adding this item to the April 27, 2015 agenda; Chief Jordan will present quotes at that meeting
also. Chief Jordan also discussed the proposal of purchasing a Tower ladder. ETVFD would like to purchase a
Baker Aerialscope from a company in New Jersey at a cost of no more than $80,000.00 through the Apparatus
Account (Account #30). If needed, refurbish the Aerialscope for a cost up to $100,000.00, for a total of
$180,000.00. ETVFD feels they can sell the current Tower ladder for approximately $500,000.00, for a net
proceed of $320,000.00 which would be given back to the Township to be put back into the Apparatus Account.
Mr. Lloyd asked if approval for the ALS equipment is needed tonight; Chief Jordan stated approval can wait
until the next meeting. Mr. Lloyd asked if approval for the Aerialscope is needed tonight; Chief Jordan stated
they were hoping for approval tonight from the Board. Mr. Bukowski stated they will discuss this further later
in the meeting.
MINUTES OF APRIL 13, 2015 BOARD OF SUPERVISORS – PAGE 2 OF 7
MINUTES OF MARCH 23, 2015 REGULAR MEETING
MOTION by Mr. Smith, seconded by Mr. Lloyd to approve the minutes of the March 23rd regular meeting as
presented. Motion carried unanimously.
Disbursements
MOTION by Mr. Smith, seconded by Mrs. Starr to approve for payment the bills presented on the
Disbursements List dated April 10th in the amounts of $150,254.93 in the General Fund; $42,595 in the Fire
Services Fund; $43,680.02 in the Capital Expense Fund; $80,808.72 in the Sewer Fund; $8,318.62 in the
Capital Projects – GOB 2009 Fund; $19,236.52 in the RCC Capital Fund; $3,283.65 in the Park Improvements
Fund; and, $8,935.86 in the State Liquid Fuels Fund. Motion carried unanimously.
Monthly Reports – March
The Engineering, Highway, Park & Rec., Police and Sewer Monthly Report for March were submitted for the
Board’s review; and, are on file in the Township Office.
Rejection of Bid: 2015 Asphalt & Stone
Mr. Bingaman stated that unfortunately, Mr. Hamm was unable to make tonight’s meeting; however, his
recommendation is to reject both the asphalt & stone bids. Mr. Hamm is proposing to purchase the asphalt
through the state contract, we’ve already received the paperwork from the vendor which outlines the pricing for
those materials. He proposes to get three (3) quotes for stone staying under the requirements for bidding.
MOTION by Mr. Smith, seconded by Mr. Lloyd to reject the 2015 Asphalt & Stone Bids in accordance with the
recommendation of the Highway Superintendent. Motion carried unanimously.
Awarding of Contracts: Fuels; Liquid Propane; Intersection Markings; Traffic Signal Maintenance & Road
Milling
Ms. Franckowiak stated that only one bid was received for Fuel from William R. Gift; one bid was received for
Intersection Markings from A-1 Traffic Control; one bid was received for Milling from Rota-Mill, Inc., and one
bid received for Liquid Propane from Suburban Propane, LP. The Township received two (2) bids for Traffic
Signal Maintenance; one from Telco and one from C. M. High. Ms. Franckowiak made a recommendation to
award the bid to Telco as they have been the Township’s long-term provider and they are local.
MOTION by Mrs. Starr, seconded by Mr. Lloyd to award the 2015 Fuel Contract to William R. Gift; the 2015
Intersection Markings Contract to A-1 Traffic Control; the 2015 Traffic Signal Maintenance to Telco; the Road
Milling Contract to Rota-Mill, Inc., and the 2015 Liquid Propane to Suburban Propane, LP. Motion carried
unanimously.
UNFINISHED BUSINESS
Planning Steering Committee Update
Mr. Fox, Chairman of the Planning Steering Committee stated he was asked by the committee to give the Board
a progress report update. Mr. Fox stated that the committee has completed three (3) phases so far. Phase 1,
Informational Gathering; which started with a kick off meeting breakfast that was held at the Reading Country
Club on January 25, 2014; which was very well attended by both residents and business owners. Mr. Fox
mentioned that members of the committee also went on a bus tour throughout the Township to view various
regions of the Township that would be important in the future for long-term economic development. The
committee also gathered, from various sources (Township and County), demographic information for use in its
discussions. Mr. Fox stated that the committee was then ready to start Phase 2, Visioning/ Prioritization Phase;
this phase was identification through assistance of a consultant of a menu of vision strategies that best promote
long term growth and economic development. The committee identified four (4) priorities and formed
subcommittees. The committee moved into the Implementation Process; this process needed to start with the
Zoning Map rather than Zoning language.
MINUTES OF APRIL 13, 2015 BOARD OF SUPERVISORS – PAGE 3 OF 7
Mr. Fox mentioned that the Board was given two (2) maps, the current Zoning Map and a draft of a new Zoning
Map, for discussion purposes only. Mr. Fox stated that at their last meeting it was recommended that a second
Planning Commission member be appointed to the Steering Committee. Mr. Fox stated that Mr. Wilson is a
very valuable member; however, with the undertaking of this project, it would be worthwhile to have a second
member on the committee. The last and final phase is the Drafting Phase; the committee agreed this phase will
take professional expertise. Mr. Fox mentioned that there has been discussion by the committee if this process
should be done by the Township Engineer or by the Township Planning Commission; the general consensus of
the committee is that it should be handled by a third party. Mr. Fox discussed the new proposed zoning
districts; the Riverfront District, which is along the Schuylkill River; an excellent opportunity for long-term
economic development, the western side would be a gathering recreational area with a mixed use area, to the
north of the Trout Run area would include some properties that could have Riverfront, mixed use, with venues
to attract people for hiking, biking or other recreational uses which would be a benefit to residents and promote
economic development. Mr. Fox stated a trail is proposed along the entire Riverfront District. The eastern side
has another area outside of the flood plain where there could be some mixed use development. DBH (Daniel
Boone Homestead) Recreational District, currently in the AP District; the committee is recommending this be
changed to the DBH Recreational District to allow for increased uses that currently the AP District does not
allow for. They are also considering connecting the Riverfront District with the DBH District by trail. Mr. Fox
mentioned the Overlay Districts, which have not yet been specifically defined. Mr. Fox discussed that the
Commercial area currently contains four (4) separate commercial districts that run along SR 422. Mr. Fox
stated that during the committee meeting, Mr. Wilson felt strongly that this needed to be simplified into one
commercial district (Neighborhood Commercial / Town Center District). Mr. Fox stated the current zoning of
the RCC it is residential, the committee generally feels it should change to commercial with an overlay. The
committee has also been discussing the Town Center; initially the Town Center was designated as a 2 ½ mile
strip, this did not make sense to the committee; it is too large of an area to be considered the Town Center. Mr.
Fox stated the committee has been discussing the possibly of the RCC being the Town Center; this will need
further discussion. Mr. Fox discussed the Industrial area; this area has been combined into the Light Industrial
District. Mr. Fox discussed the BCO (Business Commercial Office) Flex District, this is a district comprised of
larger undeveloped properties or the properties are owned by one owner that could have a number of uses. Mr.
Fox stated the creation of a BCO District will offer flexibility of the lot sizes and aesthetic control to the
Township. Mr. Fox mentioned that the committee has not touched on the AP District. He stated the AP District
is a good thing and should be preserved; however, it should be noted 91% of the parcels in the district do not
comply with the current zoning ordinance. Mr. Fox stated the committee has not touched the Rural
Conservation District or the Rural District. Mr. Fox discussed the properties the School District owns; the
committee had a discussion about revising the zoning to allow some flexibility to the school district
development of its property for certain uses, this does not give them carte-blanche. Mr. Fox stated that there
needs to be more discussion by the committee regarding the Residential Districts. Mr. Fox asked the Board to
give the committee some sense that they are heading in the right direction, specifically as it relates to map
geography. Mr. Bukowski commented that he would like to give the public the opportunity to comment and the
Board to review this. This matter will be placed on the April 27th meeting agenda.
MOTION by Mr. Bukowski, seconded by Mr. Smith, authorizing the Planning Commission to appoint a second
member to the Planning Steering Committee. Motion carried unanimously.
* Mr. Bingaman suggested discussing the R.M. Palmer Warehouse Extension of Time at this time; the Board of
Supervisors agreed to go out of order of the Agenda.
R.M. Palmer Warehouse Extension of Time
Ms. Franckowiak questioned if anyone has looked into this extension request as it pertains to the automatic state
extension of time for plans and permits. Mr. Bellwoar, Solicitor; stated that the requested extension is to protect
the accrued plan from any changes in the Zoning and Subdivision & Land Development Ordinances that have
occurred or may occur in the near future; the current state extension is until July 2, 2016.
MINUTES OF APRIL 13, 2015 BOARD OF SUPERVISORS – PAGE 4 OF 7
Mr. Buck, Esq. (Stevens & Lee) and Richard Halliwell, representing R.M. Palmer stated the original plan was
put on hold; R.M. Palmer still plans on moving forward with this plan and hopefully within the next year or so
those plans will come forward again. Mr. Buck is requesting a five (5) year extension from the Township.
Ms. Franckowiak questioned if it is necessary to grant another five (5) year extension since R.M. Palmer
already has an extension that is not due to expire until July 2, 2016. Mr. Lloyd responded by asking why the
Board wouldn’t agree to a five (5) year extension.
MOTION by Mrs. Starr seconded by Mr. Smith to grant R.M. Palmer a five (5) year extension of time for their
land development. Mr. Bukowski abstained from taking action since R.M. Palmer is a client of his firm.
Motion carried with Mrs. Starr, Mr. Smith, Mr. Lloyd and Mr. Ziegler voting in favor and Mr. Bukowski
abstaining.
Intergovernmental Cooperation Agreement – Joint Comp Plan
Mr. Bingaman stated that after a brief discussion at the Planning Steering Meeting it is being recommended that
the Board not enter into this agreement at this time given the substantial effort underway to potentially modify
our zoning. Mr. Bukowski suggested Mr. Bingaman reach out to the neighboring municipalities and clarify
what is going on. Mr. Bingaman stated that unfortunately Mrs. Rossman from the Berks Co. Planning
Commission was not at the last Planning Steering Committee Meeting, so he does not have a clear
understanding of the requirements. Mrs. Vanderlaan questioned if signing the agreement would preclude us
from entering into other agreements with other municipalities. Mr. Bukowski stated that the solicitor will look
into this and get back to the Board.
MOTION by Mr. Bukowski, seconded by Mrs. Starr to seek a legal opinion from our Solicitor regarding the
Intergovernmental Cooperation Agreement – Joint Comprehensive Plan with Amity and St. Lawrence. Motion
carried unanimously.
2015 Fee Schedule #2015-07
Mr. Bingaman stated that the amended fee schedule was on the Workspace for the Boards review. Things that
are being changed are the UCC appeals which are now established by the County of Berks since we are using
the County Appeals Board, changes to pavilion rental fees, the addition of the alcohol permit and the new
dwelling unit recreation fees be taken down to one fee for all lots at $1,250.00 rather than having a graduating
scale has been proposed. The Wastewater plant is proposing to add the testing of water meters at the factory for
calibration and the review of storm water management report and drainage plans would increase from $500.00
to $750.00.
Mr. Bingaman is proposing that we remove the hydrant and light tax from this fee schedule since the Township
has adopted a separate ordinance for these items.
MOTION by Mr. Smith seconded by Mrs. Starr to adopt the 2015 Fee Schedule Resolution #2015-07. Motion
carried unanimously.
NEW BUSINESS
G.I.S. Software Upgrade
Mr. Gardecki discussed his request to upgrade the GIS software to allow mobile editing/ collection/ storage
capability for users and to eliminate the need for manual updates to infrastructure data. The cost of the upgrade
is $4,500.00 and is recommended for approval to be paid from the Exeter Commons donated funds.
MOTION by Mrs. Starr, seconded by Mr. Bukowski to approve the requested upgrades to the GIS software to
allow for mobile editing/ collection/ storage capability in the amount of $4,500.00 to be paid from the Exeter
Commons donated funds. Motion carried unanimously.
Proposed Lease Extension – 10 Fairlane Road (District Court 23-2-03)
Mr. Bingaman stated that he has received a request from the County of Berks, Special Courts Division
requesting to renew the lease agreement for the office space located at 10 Fairlane Road.
MINUTES OF APRIL 13, 2015 BOARD OF SUPERVISORS – PAGE 5 OF 7
He stated they have asked the Township to submit a proposal if we are willing to continue leasing this space to
them. Mr. Bingaman stated the last time this was renewed there was a 3% increase in the annual rental fee. The
County is currently paying $42,553.47 which is $17.92 per sq. ft. for the space they are using at that facility.
Mr. Bingaman referenced an article from the March 10, 2015 edition of Business Weekly, stating, Class B,
Suburban Office Market the average rental rates were $12.50 - $17.50 per sq. ft. in 2014. Mr. Bingaman is
proposing another 3% increase annually for five (5) years; if the Board is willing to extend the lease.
MOTION by Mr. Lloyd seconded by Mrs. Starr to extend the lease for 10 Fairlane Road (present location of the
District Justice Office) for five (5) years with a 3% increase each year. Motion carried unanimously.
SEO Fee Schedule #2015-08
Mr. Bingaman stated that Ludgate has submitted their 2015 Fee Schedule for adoption. This fee schedule is
much simpler than the previous fee schedule that we had; most of this is handled on an hourly basis of $65.00
an hour.
MOTION by Mr. Lloyd seconded by Mrs. Starr to adopt the SEO Fee Schedule #2015-08 as presented by
Ludgate Engineering. Motion carried unanimously.
Temporary/ Seasonal Staff
Mr. Seltzer requested temporary / seasonal staff be hired for 2015; in accordance with the memo dated April 9,
2015.
MOTION by Mr. Lloyd, seconded by Mr. Smith to hire temporary/ seasonal staff for Parks and Recreation,
Highway and Wastewater Treatment Departments in accordance with the memo dated April 9, 2015. Motion
carried unanimously.
Mt. Penn Borough Municipal Authority Tax Forgiveness Request
Mr. Bingaman stated the Mt. Penn Borough Municipal Authority has recently discovered that a tax bill is being
paid by the Antietam Valley Recreation Community Center on a parcel the Authority owns. Mr. Bingaman
looked up the three (3) parcels that they have in their ownership that are within Exeter Township; two (2) of
them are exempt and the third one is taxable and it appears to be the one that includes the building where the
pool is located. They have submitted an application to the County to obtain exemption on that parcel as well. If
that is successful, that will be exempt starting in 2016; they are requesting consideration of waving their 2015
tax bill, which would equate to $938.02. Mr. Bukowski asked Mr. Bingaman what his recommendation is;
Mr. Bingaman recommended waiting to see if they get exemption because the Crestwood pool is also taxable.
He will contact Mt. Penn Borough Municipal Authority and advise them of the Board’s decision.
Escrow Releases
A. Aldi, Inc., Release #1: Mr. Rogosky stated that Aldi has submitted their first escrow release for
completion of the majority of their new supermarket facility; based on the review of the completed
work it is Mr. Rogosky recommendation that $1,102,751.19 be released with a balance of $135,128.70
remaining. Mr. Smith questioned if the traffic light at the intersection has been resolved; Mr. Rogosky
stated that they have reached out to Traffic Planning & Design who performed the initial studies per the
direction of Penn DOT, they were told that the studies were completed, but there is no verification that
Aldi forwarded it to Penn DOT. Mr. Rogosky stated they are holding money back and they are also
putting on extended maintenance for traffic as Penn DOT is going to do some additional studies.
MOTION by Mr. Smith, seconded by Mr. Ziegler to approve Aldi Inc. release # 1 for the land development
project in the amount of $1,102,751.19 while retaining $135,128.70 for unfinished items, in accordance with the
recommendation of GVC. Motion carried unanimously.
B. Country Club Estates II, Release #13 & Replace Current Bond with Letter of Credit: Mr. Rogosky
recommended a release of $129,742.62 and converting the remaining amount of $228,546.82 to a LOC.
MINUTES OF APRIL 13, 2015 BOARD OF SUPERVISORS – PAGE 6 OF 7
MOTION by Mr. Bukowski, seconded by Mrs. Starr to approve Forino Developers Escrow Release #13 in the
amount of $129,742.62 representing contingencies, in accordance with the recommendation of GVC, and
converting the balance of $228,546.82 to an evergreen Letter of Credit; subject to being satisfied with the
financial security. Motion carried unanimously.
2015 Wage Resolution #2015-09
Mrs. Starr read the salaries on the 2015 Wage Resolution #2015-09; retroactive to January 1, 2015.
MOTION by Mrs. Starr, seconded by Mr. Ziegler to adopt the 2015 Wage Resolution #2015-09, providing a
2% increase in wages for Non-Uniformed, Non-Union personnel and 3.25% for the Chief of Police, all
retroactive to January 1, 2015. Motion carried unanimously.
SOLICITOR’S REPORT
Curry v. Exeter Township
Mr. Bellwoar stated that at the last meeting he discussed a federal civil rights law suit against the Exeter
Township Police Dept. involving a Police Detective that was dismissed on motion. He stated the individual has
appealed to the 3rd Circuit.
Metro Development Land Use Appeal
Mr. Bellwoar also mentioned in the Metro Development Land Use Appeal, the PA Supreme Court decided not
hear the appeal by the neighbors, so this will eventually make its way back to the Zoning Hearing Board.
INDIVIDUAL REPORTS
ETVFD – Purchase of Aerialscope and Sale of Tower
Chief Jordan stated that the ALS Equipment can be addressed at the next Board meeting; however, they told the
NJ Co., regarding the purchase of the Tower, that they would get back to them by April 15th. Chief Jordan
stated that ETVFD hired a professional to inspect the unit; they will be receiving a hardcopy of the report from
the inspector. Chief Jordan discussed the reasoning for needing to purchase the Tower; the apparatus committee
felt the current unit is reaching its threshold between value and maintenance. Chief Jordan stated their 1st
Quarter Maintenance Expenses budgeted are higher this year. Mr. Ziegler questioned the demand of selling the
Tower; Chief Jordan stated they are currently looking at opportunities so there is no interruption of service; the
unit they are looking to purchase can be used as is but, ideally they would prefer to buy the unit, refurbish it, put
it into service and then sell their current unit.
MOTION by Mr. Bukowski, seconded by Mr. Lloyd to authorize the purchase of the Baker Aerialscope for
$80,000.00 and the refurbishment for $100,000.00, contingent upon the ETVFD taking action to sell the Ladder
Tower with proceeds going back into the Apparatus Fund (Account #30). Motion carried unanimously.
East Reiffton Parking
Chief Neidert stated that he has been working with the residents regarding the new parking requirements in
Reiffton. There was an issue with parking on Woodland Ave. Chief Neidert has looked at the GIS mapping and
stated that there is more parking on the opposite side of the street where parking is currently not allowed than
there is on the side where parking is allowed; Chief Neidert is proposing changing the parking requirements
from the inside radius of the curve to no parking and allowing parking on the outer radius side of the curve.
Chief Neidert suggested the ETVFD take the Tower down Woodland Ave. to see if it will fit around the radius
and be able to turn around with the parking. Chief Neidert also discussed parking along Reiff Place; currently
there is no parking there at all. Chief Neidert is proposing to keep it no parking along the South side and allow
parking on the North side and also continue to allow parking on one side of the street along the 3600 block as it
is. Chief Neidert will work with Mr. Bingaman in the process of making amendments to the new parking
requirements for the next meeting.
MINUTES OF APRIL 13, 2015 BOARD OF SUPERVISORS – PAGE 7 OF 7
Rte 562 & Shelbourne / Oley Turnpike Road Improvements
Mr. Bingaman stated that night work will be starting this evening at SR 562 and Oley Turnpike for milling and
paving; they will be working during the day as well.
Emergency Notification System
Mr. Ziegler questioned the status of the Emergency Notification System; Mr. Bingaman stated that this system
has been implemented at the County level, a blast message will be sent out to residents in the near future. He
stated residents will need to sign up for this service.
Interior LED Lighting Project
Mr. Lloyd stated that new LED lights at the Township building look good. Mr. Lloyd also questioned signage
for the RCC; Mr. Bingaman stated that he has looked into this and we need to apply for a permit through
Penn DOT to place a sign in the Right-of-Way.
Mrs. Starr stated that she likes the new Chromebooks.
Blue Ribbons in Honor of Police
Mr. Bukowski stated that he received blue ribbons to show support for the Police from Hamid at Dairy Queen,
they will be available to the public at the Township Building.
ADJOURNMENT
MOTION by Mr. Smith, seconded by Mr. Lloyd, to adjourn the meeting. Motion carried unanimously.
The Meeting adjourned at 9:02 P.M.
Respectfully Submitted,
Troy S. Bingaman
Township Secretary