Board of Commissioners

COLEBROOKDALE TOWNSHIP BOARD OF COMMISSIONERS MEETING MINUTES OF May 16, 2016

The regular meeting of the Board of Commissioners of Colebrookdale Township was held on the above date at the Township Building. President Todd Gamler called the meeting to order at 7:30 PM with all present joining in the Pledge of Allegiance to the Flag.

The following Commissioners were present: Todd Gamler (President), William Spade (Vice- President), Commissioner Daniel Ritter, Commissioner Linwood Bartman and Commissioner Rudy Rivera. Also present were CEO/Zoning Officer Paul Labe, Police Chief David Viola and Engineer John Sartor. Treasurer/Tax Collector Joan Herb was absent. Solicitor Jeffrey Karver arrived at 7:44 and Manager Conrad arrived at 7:50 pm.

PUBLIC PARTICIPATION Walt Wydrzynski, resident in Bechtelsville addressed the Board of Commissioners with a complaint concerning towards the police department. Concerning an alleged car incident at in February, and though he had praise for the Officer’s demeanor, he was distressed about the number of time the police visited his home and had conversations with his son about the incident. President Gamler explained that this would be handled by Chief Viola. Mr. Wydrzynski said he wanted the Commissioners to know what he has been going through and wished to submit a Right-To-Know form to the Commissioners requesting copies of all documents related to this incident.

Mr. Wydrzynski handed the right-to-know form to the Township Secretary and Solicitor Karver reviewed it. Chief Viola said he will look through the incident file and get back to Mr. Wydrzynski. Solicitor Karver told him that the police department is not required to provide some of the requested items such as investigative notes and reports during an on-going investigation.

MINUTES The May 2, 2016 Board of Commissioners Meeting minutes were presented to the Board for their review and approval. On a motion by Commissioner Spade, seconded by Commissioner Rivers, the May 2, 2016 Board of Commissioners meeting minutes were approved as presented. Motion carried.

FINANCIAL REPORTS The Balance Sheets and Trial Balances for the Month of April 2016 were submitted for review. There were no comments from the Board. President Gamler acknowledged submission of the Customer Balance Summary and Deposit Detail Report then read a list of the payment of bills from the following Township funds for approval. General Fund Expense 5/16/16 $76,191.49 Payroll Expense 5/6/16 44,791.83 Street Light Fund Expense 5/16/16 1,245.06 Recycling Fund Expense 5/16/16 1,000.00 HRA Fund Expense 5/16/16 316.88 On a motion by Commissioner Ritter, seconded by Commissioner Bartman, approval was given for the payment of the submitted bills. Motion carried. Board of Commissioners May 16, 2016 Meeting Minutes 2

President Gamler acknowledged submission of the Profit & Loss Budget vs. Actual General Fund statement. The statement was available to the public for review. POLICE REPORT Chief Viola received a thank-you letter from Boyertown High School for the Department’s support of the K-9 exercise. Another thank-you note was received from St. Andrews United Methodist Church for Sgt. Babb’s participation in a community day event. Chief Viola informed the Commissioners that the evidence and storage room at the road building is being cleaned out and some shelving installed.

ROAD MASTER REPORT The Road Master submitted his reports for the weeks of May 2nd through May 16th. There were no comments from the Board.

Road Master Hillegas submitted his line painting list for 2016. The Township also received the Berks County Co-Op Purchasing Council’s 2016 Traffic Line Painting Bid sheet. The Township joined in the line painting bidding with the Council in the past. The Road Master would like white lines added to the list this year as it is a safety issue for motorists and for snow plowing. Only roads wide enough would get white lines applied. Commissioner Bartman questioned if the Township would get better pricing without joining the County bidding process. After discussing the options there was a motion by Commissioner Spade, seconded by Commissioner Ritter to authorize joining in the bidding and submitting the bid form with the Road Master’s estimated quantities of line painting to Berks County Co-Op Purchasing Council. Motion carried.

The 2016 Funk Road Paving Project bids were opened and read this day at 11:00 a.m. at the Township Municipal Building. The bids were reviewed by Solicitor Karver and all were in order. If acceptable, Road Master Hillegas recommends all bids be accepted and awarded to the low bidder. The bids were read as follows:

EJB Paving & Materials Co. 1119 Snyder Road West Lawn, PA 19609 Unit Price

Item #1a – 806 TNS 90 LB/SY leveling 9.5mm $ 59.90/ TNS $ 48,279.40 1b – 1,612 TNS Overlay 1.5” 9.5mm 53.00/ TNS 85,436.00 1c – 2 EA Mill 4’x2” for driveway adjustment 575.00/ EA 1,150.00 TOTAL BID $134,865.40

Landis Deck Contractors, Div. of H & K Group 316 New Schaefferstown Road Bernville, PA 19506 Unit Price

Item #1a – 806 TNS 90 LB/SY leveling 9.5mm $ 57.90/ TNS $ 46,667.40 1b – 1,612 TNS Overlay 1.5” 9.5mm 58.90/ TNS 94,946.80 1c – 2 EA Mill 4’x2” for driveway adjustment 1,239.90/ EA 2,479.80 TOTAL BID $144,094.00 Board of Commissioners May 16, 2016 Meeting Minutes 3

Bracalente Construction, Inc. 700 Savage Road, Suite #15 Northampton, PA 18067 Unit Price

Item #1a – 806 TNS 90 LB/SY leveling 9.5mm $ 64.20/ TNS $ 51,745.20 1b – 1,612 TNS Overlay 1.5” 9.5mm 64.20/ TNS 103,490.40 1c – 2 EA Mill 4’x2” for driveway adjustment 200.00/ EA 400.00 TOTAL BID $ 155,635.60

GoreCon, Inc. P.O. Box 1778 Doylestown, PA 18901 Unit Price

Item #1a – 806 TNS 90 LB/SY leveling 9.5mm $ 75.40/ TNS $ 60,772.40 1b – 1,612 TNS Overlay 1.5” 9.5mm 66.90/ TNS 107,842.80 1c – 2 EA Mill 4’x2” for driveway adjustment 220.00/ EA 440.00 TOTAL BID $ 169,055.20

Floyd G. Hersh, Inc. 5465 McLean Station Rd. Green Lane, PA 18054 Unit Price

Item #1a – 806 TNS 90 LB/SY leveling 9.5mm $ 77.50/ TNS $ 62,465.00 1b – 1,612 TNS Overlay 1.5” 9.5mm 68.75/ TNS 110,825.00 1c – 2 EA Mill 4’x2” for driveway adjustment 5,500.00/ EA 11,000.00 TOTAL BID $ 184,290.00

Reid Paving Contractors, Inc. 1850 Swamp Pike Gilbertsville, PA 19525 Unit Price

Item #1a – 806 TNS 90 LB/SY leveling 9.5mm $ 92.80/ TNS $ 74,796.80 1b – 1,612 TNS Overlay 1.5” 9.5mm 78.70/ TNS 126,864.40 1c – 2 EA Mill 4’x2” for driveway adjustment 1,650.00/ EA 3,300.00 TOTAL BID $ 204,961.20

The following did not submit bids: - Reading Site Contractors, 392 N. Sanatoga Road, Pottstown, PA 19464 - New Enterprise Stone & Lime Co., Inc., 3427 Crescent Court West, Whitehall, PA 18052

There was a motion by Commissioner Bartman, seconded by Commissioner Ritter to accept all bids and to award the Funk Road paving project to EJB Paving & Materials Co. as the low bidder for $134,865.40. Motion carried. Manager Conrad noted $170,000 was budgeted for this project.

The Road Department submitted two quotes for installation of a fuel containment system for the fuel tanks located on the public works property. This is a requirement of the Township’s MS4 Board of Commissioners May 16, 2016 Meeting Minutes 4 permit as per the MS4 Inspection Report of 11/17/15. The Township road crew is able to build a containment system and submitted a cost-to-build quote. The prices are as follows:

- Polystar Containment Inc. - $7,476.00 - Stauffer Manufacturing Co. - 2,396.00 - PW Dept. construction - 2,180.00

Commissioner Bartman suggested using different materials for part of the system. After discussing the costs and to comply with the MS4 permit, the Commissioners concurred and instructed the Road Department crew to construct the containment system after discussing the alternate materials with Commissioner Bartman.

CODE ENFORCEMENT OFFICER’S REPORT The following building and zoning permit applications were submitted: - 560 Rt. 100 – renovations to 1st Niagara Bank - 704 S. Reading Avenue – convert single family dwelling to a duplex - 88 Applewood Lane – 12’ x 14’ addition

CEO Labe submitted the following notices and letter: - Zoning violation notice - 1267 Montgomery Avenue – operating junkyard - Warning letter - 619 N. Reading Avenue - rotted porch posts - Warning letter - 625 N. Reading Avenue - two unregistered vehicles

The Township received from PA DEP a copy of a violation notice sent to Jeff Testa, owner of 15 Mill Street. Manager Conrad said the Township was unaware of any complaints about the property. CEO Labe will follow up on the issues. Solicitor Karver thought that landscaping business has been closed since December of 2015.

Manager Conrad gave CEO Labe a list of properties that need mowing. He will inspect and send letters as needed. Concerning the overgrowing grass at 203 Water Street, the Commissioners discussed hiring a person to mow or have the road crew handle it. Solicitor Karver noted that a Sheriff’s Sale is schedule for July 8, 2016 and any lien for mowing costs must be entered before the sale to get reimbursement. The Commissioners tabled the issue until their next meeting on June 6th.

CEO Labe will also look into junk cars at 940 N. Reading Avenue and the progress of the clean- up at Elaine Drive and Henry Avenue. The Commissioners asked that he return to Erb & Henry concerning the wall collapsing and inspect the vehicles at Shrum’s Garage that they are actually in running condition. CEO Labe said in researching the file he found that in 1979 the allowed uses of the property were a gas station, service station and apartments. The Commissioners would like to find out if he has business licenses and if the signs meet the Township’s Ordinance requirements.

SEO REPORT – Nothing submitted at this time.

SOLICITOR’S REPORT Solicitor Karver submitted a copy of the Land Use Appeal Decision rendered by the Judge in the Deborah James matter asking the Board if they had any questions. Attorney Frey said the property was surveyed and the decision states the fence can be replaced on the property line. Commissioner Bartman questioned the license of the surveyor and Solicitor Karver suggested Board of Commissioners May 16, 2016 Meeting Minutes 5 getting his own surveyor to be sure the line is correct. The Solicitor will contact Attorney Frey for the name of the surveyor and Engineer Sartor will research his license for Commissioner Bartman. ENGINEER’S REPORT Engineer Sartor informed the Commissioners that Lee Wanner of 85 Sawmill Road (Bahr’s Mill) has not yet submitted a complete plan for the work he started on the property. His Engineer Tom Smith spoke with Engineer Sartor and said Mr. Wanner does not intend to do any further earth disturbance or other site construction and has stabilized everything at this point.

The owner of 156 Powder Mill Hollow Road inquired of the Township the necessary steps required to stabilize the banks of a stream on his property. The soil is eroding around a foot bridge across the stream. Manager Conrad asked Engineer Sartor to take a look at the problem however, the Township does not have a permit application or fees set for inspections.

Engineer Sartor and the Commissioners discussed the Floodplain Management Ordinance No. 2-2012, various applications and permits. This homeowner needs to submit a plan, show erosion, floodplain and wetlands and earth disturbance. An escrow is needed for inspections. The Commissioners asked the Manager and Engineer to work on developing an application for stormwater inspections.

COMMISSIONERS’ REPORT Commissioners discussed their inspection of the Liberty Park pavilion and the need to address the maintenance issues. The Manager was asked to contact Bob Fish’s son, who has a dumpster service, and arrange to have one delivered to the pavilion. Mr. Fish has been very generous over the years in donations to benefit the Township residents and the Township is happy to pay for his son’s services as a thank you. There was a motion by Commissioner Spade, seconded by Commissioner Ritter to authorize Manager Conrad to have a dumpster delivered to the pavilion at Liberty Park as discussed. Motion carried.

MANAGER’S REPORT Manager Conrad attended a pre-bid meeting at Boyertown Area School District on May 12, 2016 for the Monroe Street Extension project, part of the Senior High School renovation LDP. Submitted to the Commissioners was the agenda, sign-in sheet and copies of the Colebrookdale Township, BASD, Boyertown Borough July 15, 2014 agreement for two improvement school projects and Resolution #9-02-14 Boyertown Area Senior High LDP Conditional Preliminary/Final Plan Approval. Also submitted was Addendum #1 for the bidding documents for Montgomery Avenue Road Improvements/BASD received this day from KCBA Architects.

The Manager explained that the school district and KCBA representatives will be meeting with the Planning Commission on May 21st to discuss the agreement, approval and the requirement to submit a plan for project #2 the Monroe Street Extension for review. Asked for a timeframe for the Montgomery/N. Reading/Henry Avenue traffic signal project, Engineer Sartor said he will work out an estimated timeline for the Commissioners at their next meeting.

The Township received a notice from BMMA of a pre-construction meeting for the Montgomery Avenue Sanitary Sewer Replacement project. No action was required.

Manager Conrad informed the Commissioners that she and Chad Davis will attend an MS4 Public Works training session on May 26th in Sinking Spring. There is also an additional MS4 Board of Commissioners May 16, 2016 Meeting Minutes 6 workshop covering the changes to the permit in 2018. The workshop will be held in June and there is a fee of $50. The Commissioner concurred that Manager Conrad should attend the June workshop at the cost of $50. The Township received a copy of an Informational Notice of Section 106 Filings from the FCC concerning the application from Tri-Mac Towers at 482 Englesville Road. No action is required.

The Township received a Notification of Air Quality General Permit Applications from EarthRes Engineering for Martin Stone Quarries, Inc. No action is required.

Submitted for the Commissioners’ consideration were three proposals for the Township’s electric generator supplier contact. Manager Conrad explained that the current contract with Think Energy, at the rate of $0.074/kHw will expire December 31, 2016. Current rates are at an all-time low and market conditions are indicating an optimal time to capitalize on long-term savings. Of the various term and rate options the lowest is with Progressive Hudson at $0.05910 fixed rate for 36 months. The Commissioners discuss all options and there was a motion by Commissioner Spade, seconded by Commissioner Ritter to authorize approval of a contract with Progressive Hudson at $0.05910 fixed rate for 36 months to begin January 1, 2017. Motion carried.

COMMITTEE REPORT – There was nothing submitted to the Board at this time.

OLD BUSINESS - There was nothing submitted to the Board at this time.

SUBDIVISIONS/LDPs - There was nothing submitted to the Board at this time.

NEW BUSINESS - Nothing submitted at this time.

COMMUNICATIONS The following communications were received and presented to the Board for their review: - DCED workshop - Law of Zoning, - Invitation to groundbreaking ceremony for The Nature Place, - Notice to public that there is MS4 Stormwater information available in the Township hallway, please take a pamphlet.

FYI President Gamler read and the Board reviewed the following: 203 Water St. Sheriff's sale notice, Comcast quarterly franchise fee payment, Letter & agreement to school crossing guard, April Township Transfer Tax report, Letter to owner 9 Rowell Road - stormwater pipe failure.

EXECUTIVE SESSION President Gamler announced there will be an Executive Session at the close of the meeting with the Board of Commissioners, the Solicitor and Township Manager to discuss a personnel issue. The Board will not reconvene.

ADJOURNMENT There being no other business to come before the Board, Commissioner Ritter made a motion and it was seconded by Commissioner Spade to adjourn the meeting at 9:05 p.m. Motion carried.

Respectfully submitted, Board of Commissioners May 16, 2016 Meeting Minutes 7

Jeannie DiSante Township Secretary