August 7_ 2007 - The regular monthly meeting of the Adamstown by accinent


									     ADAMSTOWN BOROUGH COUNCIL                 August 7, 2007      Page 1 of 7

The regular meeting of Adamstown Borough Council was held on Tuesday, August 7, 2007.
The meeting was called to order at 7:00 PM at the Adamstown Municipal Office, 3000 North
Reading Road, Adamstown by Council President, Dean Johnson.

Council present: Dean Johnson, Mark Schweitzer, Samuel Leisey, Randy Good, Dick Lewis,
           and Alecia Kloiber. Absent- Spencer Stober

 Others present: Mayor David Buckwalter, Secretary/Treasurer Mary Burkholder.

Visitors present: Byron Fritz, Jason Lesher- Grapevine, Jill Pratt, Rebecca Mccafferty,
           Cristina Cervantes, Gary Craley- Bollman Hat Company, Carol Kirchner, Ed
           Zander, Fire Chief Larry Hartranft, Glenda Poole, Joe Hawley, Martha Thomas,
           Joyce Sweasy, Carol Hurley, John Loeber, Diane Hartman, Rosemarie Lewis, Jack
           & Dee Looper, Tex Johnson, John Wojtowicz, Donna & Mike Wetherhold, Dave
           Bowen, Jessica Miller, K Williams, John Krimes, Ken Carroll, and other visitors
           who did not sign in.

Minutes: Minutes from July 10, 2007 and July 20, 2007 were approved with a motion from
         D.Lewis, seconded by R.Good and unanimously carried.

Bill List: Motioned by R. Good, seconded by A. Kloiber and unanimously carried to approve
           the bills totaling $94, 967.85 dated 07/07/2007 and noting collection of receipts
           totaling $135,160.25.

Police Report accepted by Council.

Fire Report accepted by Council.

Dick Lewis reported the attendance and presentation given by the Fire Company at a recent
Lions Club meeting. Dick recommended that the Borough include an article in the newsletter
outlining to Borough Residents how much the Fire Company does for the Borough.

Kathy Thren- Library Director
Kathy Thren thanked the Borough for its continued support. Kathy presented the Adamstown
 Area Library’s Annual Report. In this report Kathy explained a few of the new services
 offered by the Library. The new services include the following:
 1. Learning Express Library
 2. Price it
 3. Language Line Phone
 4. Ask Here Pa
 5. National Clock & Watch museum
 6. Tumble Books for E-Kids

Kathy reported the budget for the Library for 2007 was $181,000, up 10% from 2006.
Kathy mentioned that the Commissioners are offering a 2-1 match this year.
      ADAMSTOWN BOROUGH COUNCIL                   August 7, 2007      Page 2 of 7

John Loeber -8 Cameron Court
 John Loeber distributed a handout to Council explaining the issues of grading and flooding in
 his backyard since moving in to his new home in the Rose Hill Development in November of
 2006. He reported severe drainage problem in his rear yard. After it rains it is unusable for
 days at time. John reported that Berks Homes had graded and reseeded his property three (3)
 times and after each time the problem remains after it rains, a yard full of water and mud.
 Hanover Engineering has also been involved with the grading issue as the original grading was
 not done to plan. John stated that he cannot continue to live like this.

J. Loeber asked the following questions:

1.    Why was his home built two feet below the road level?
      Why was Berks Homes allowed to build at this elevation? As a result of this there is an
      increased run off flow from front to back when it rains.

2.    The house foundation on lot #28 is built at least 18 inches lower than the house to the
      right on lot #29. How did this happen? As a result, the speed of water flowing down the
      right side of the house is increased.

 3.   Their house is the only house on Cameron Court built so far below road level. Why is

 4.   As per diagram #1 that was submitted, the berm between Lot #28 and Lot #29 is an eye
      sore, it diminishes property appearance, affects real estate value and is a major safety

 5.   As per diagram #2 that was submitted showing water flow, this same berm goes
      approximately 45 degrees in front of the A/C unit to a drastic drop behind the A/C unit by
      the corner of the house. The slope from the berm toward the backyard on Lot#28 is about
      50 degrees. Every time there is a rain storm the water gushes down the hill and around
      the corner. Because of the speed and the angle, dirt is carried into the drains and at the
      same time gouging out the grass.

 6.   The berm across the rear of the property is another eye sore and safety hazard. Rain water
      has cut gouges into this berm.

 J. Loeber asked Council how they can help solve this problem.

 Discussion ensued and Council recommended that the Lights, Property, and Pavement
 Committee review this issue with Hanover Engineering and receive more detail from Hanover
 from a previous letter to the Borough.
      ADAMSTOWN BOROUGH COUNCIL                     August 7, 2007      Page 3 of 7

Carol Kirchner- 1 East Market Street
Carol distributed pictures of signs that are located along 272 and questioned Council as to why
the signs were permitted. Council and the audience proceeded to engage in a lengthy discussion
about signs and the history of signs that are located on 272.

B. Fritz, Chair of the Planning Commission mentioned that the new Zoning that is currently
being drafted is more lenient with regards to signs. B. Fritz stated the Planning Commission
strongly believes the current zoning is too strict for Highway Commercial areas. Council
instructed M. Burkholder to check with PENNDOT to see if the new sign advertising a gutter
and spouting business is in the permitted right of way. Council stated that the owner of the
property at 50-60 Willow Street is permitted to place his sign anywhere he would like on his
property as long as it meets PENNDOT standards with PENNDOT right of way regulations.

Council instructed M. Burkholder to continue with enforcement action against the property
owner for the sign located at the Getty Mart advertising Karate. A permit was never issued for
the sign and the sign owner did not receive a Special Exception from the Zoning Hearing Board
to advertise off premise.

Structure at the Corner of Stoudtburg Road and 272
Due to a complaint submitted to the Borough Ed Stoudt was served an enforcement notice for
advertising Stoudtburg Village on his property on the large structure that sits on the corner of
Blackhorse Road and 272. The issue was that this structure is advertising a business off
premises which is not permitted without approval from the Zoning Hearing Board.
E. Stoudt responded with a letter to Council.

The issue was discussed by Council and the Audience. Council determined that the structure
was permitted in the past and is compliant.

E. Stoudt stated in his response that he had not given permission for the yellow portable sign
advertising Stoudtburg Village events to be on his property and had it removed.

Council instructed M. Burkholder to notify E. Stoudt that the large structure meets their

Public Works Report-
A Public Works Report was provided and accepted by Council.

Sewer Lines
R. Good reported the Sewer Committee will review the report from Mr. Rehab on the televising
of the sewer lines and make a recommendation at September’s meeting.
      ADAMSTOWN BOROUGH COUNCIL                    August 7, 2007      Page 4 of 7

Car Wash
A Kloiber reported that the Water Committee met and discussed the request from Ed Loomis to
bill the car wash monthly instead of quarterly. The Water Committee did not recommend
changing the billing cycle for the car wash. Council agreed with the Water Committee to
continue billing the Car Wash quarterly.

Council instructed M. Burkholder to go through tax records to ensure all properties that are
billed for water/sewer are billed to the property owner and not the tenant.

B. Fritz-3187 N. Reading Road questioned Council if they have received an answer to his
question at the previous Council Meeting if the address of property owners that are delinquent
in their water/sewer billing is public information. M. Burkholder reported the Borough
Solicitor stated any monies due to the Municipality are public information.

Council discussed the issue and stated they would prefer if someone is interested in the knowing
the address of a delinquent property that they would prefer they request the information from
the Borough Office.

Skateboard Committee-
A. Kloiber reported that Hanover has the drawings from Light- Hiegel for the Action Park. The
Planning Commission will be reviewing the plans at their next meeting which will be held on
August 21, 2007.

Lights, Property, and Pavement-No Report

Personnel Committee-
Borough Personnel-
Motioned by D.Lewis, seconded by M. Schweitzer and unanimously carried to accept the
resignation of Patricia Kowaleski and to pay Patricia Kowaleski her remaining wages which
include 56 hours of regular pay and 36.75 hours of vacation for a total of 92.75 hours.

Roads and Bridges-
Stoudtburg Addressing-
 S. Leisey reported the Roads and Bridges met and reviewed the recommendations from
Lancaster County Communications to change street names and house numbers in Stoudtburg
Village. Sam reported the Committee does not believe the safety concerns are serious enough to
put the homeowners through the aggravation of changing so many addresses. Sam stated the
Committee does not recommend approval of this request.

Motioned by S. Leisey, seconded by M. Schweitzer and unanimously carried to take no action
on the request of Lancaster County Communications to change addressing in Stoudtburg
      ADAMSTOWN BOROUGH COUNCIL                     August 7, 2007       Page 5 of 7

Storm Water Drainage Improvement Costs-
S. Leisey reported the Roads and Bridges Committee reviewed the recommendations from
Hanover Engineering on the storm water run off that occurs from the post office, going across
the road in front of the Cervantes property, and into the smaller piping. The Committee
reviewed Hanover’s report and recommends approval of the project completing all three (3)
phases at once. The total estimated cost of the project is $146,000.

Motioned by S. Lesisey, seconded by R. Good and unanimously carried to instruct Hanover to
start the process to begin the storm water drainage project as outlined in their letter dated July
10, 2007.

Bowmansville Road-
S. Leisey reported that Dennis Kohl, Supervisor of Brecknock Lancaster contacted the
Borough to see if the Borough would be interested in paving Bowmansville road while they are
have paving work done on the Brecknock side. The cost for the Borough was estimated at

Sam reported that the Committee felt that part of the road is not in bad enough shape to warrant
the cost at this time.

B. Fritz-3187 N. Reading Road requested the Borough contact Brecknock before the work
begins to inform them of the problem with the gutter that is located on the west side of
Bowmansville road. The gutter goes up to the entrance of the motel. Byron reported that it
blocks up and runs around on the street onto borough property.

Finance Committee- Liquid Fuel Audit report accepted by Council

Fire and Safety-
John Krimes- Emergency Management Coordinator
John reported he had recently attended a training session. At this session EMC’s were
questioned if their municipalities have a contingency plan in place.
A contingency plan should include plans in the event the Municipal Building would need to be
evacuated for a few days or permanently. Another area to consider is if the Public Works
Superintendent were to become ill who would operate the Waste Water Treatment Plant.

John reported another issue that was mentioned at the session was the Avian Flu. The World
Heath Organization predicted when the Avian Flu hits they estimate 40% of the population will
be hospitalized or deceased. John emphasized the importance of every family having a
contingency plan in the community in the event of an emergency or a Pandemic such as the
Avian Flu. John stated he will provide the Borough with information as to what supplies and
plans families are suggested to have in place in the event of a Pandemic or a crisis.
      ADAMSTOWN BOROUGH COUNCIL                   August 7, 2007      Page 6 of 7

Terence Douglas Corporation- Lot Line Change Request- Parcels 2-8
Motioned by R. Good, seconded by M. Schweitzer and unanimously carried to approve the lot
line changes for parcels 2-8 in Stoudtburg Village with the condition that the Borough be
provided proof that a perimeter deed is recorded for each parcel.

Terence Douglas Corporation –Lot Line Change Request 13 & 13a-
Motioned by D. Lewis, seconded by A. Kloiber and unanimously carried to approve lot line
change requests for Lots 13 & 13A with the condition that the Borough is provided with proof
that a perimeter deed is recorded.

Motioned by R. Good, Seconded by M. Schweitzer and unanimously carried to approve the
waiver requests requested by Terrence Douglas. Waiver requests granted are the following:

1. Requirement for a Lot- Add-On Plan as specified for a Preliminary Plan in 402B. Total
   tract information as required in 402 B.6 and 402 B.8 have not been shown on the plan.

2. Information required as specified for a Preliminary Plan in 402C. Some of the information
   required under 402 C.1, 402 C.3, and 402 C.4 have not been shown on the plan.

3. Information required for a Lot-Add-On Plan as specified for a final plan in 403D. Some of
   the information required under 403D has not been shown on the plan.

Terence Douglas Corporation- Public Restrooms
Council reported the public restrooms roughed in conditions have been met.

Ken Carroll stated he is committed to having the public restrooms complete and operational by
the next Council Meeting on September 4, 2007 barring any unforeseen circumstances with
issues with water/sewer or utilities.

Maintenance Agreement- Public Restrooms at Stoudtburg Village
Glenda Poole, member of the Homeowners Association at Stoudtburg Village read a document
to Council stating a declaration of a line item in the Homeowners Association Budget for
maintenance and cleaning for the public restrooms at Stoudtburg Village.

Motioned by R. Good, seconded by S. Leisey and carried by a vote of 5-1-(Dick Lewis
Abstained) to approve the document that was read by Glenda Pool to enter the said text into the
proposed Maintenance Agreement for the public Restrooms at Stoudtburg Village with the
condition that the text in the final agreement will clarify who will be responsible for the
maintenance and the cleaning of the public restrooms.

Application for Final Payment- Passerini Construction-
Motioned by M. Schweitzer, seconded by R. Good and unanimously carried to approve final
payment to Passerini Construction for a total payment of $23,600.75.
       ADAMSTOWN BOROUGH COUNCIL                     August 7, 2007       Page 7 of 7

 Change Order Approval- Passerini Construction-
 Motioned by M. Schweitzer, seconded by R. Good and unanimously carried to the change order
 request per document 00930.

 BR. Krieder-Application for Payment-
 Motioned by R. Good, seconded by D. Lewis and unanimously carried to approve the
 application of payment submitted by B.R. Kreider & Sons totaling $5,046.72

 PENNDOT Winter Traffic Agreement-
 Motioned by M. Schweitzer, seconded by R. Good and unanimously carried approve the
 PENNDOT agreement as presented.

 East Cocalico Easement Agreement-
 Motioned by M. Schweitzer, seconded by R. Good and unanimously carried to authorize the
 President or Vice President to execute the Easement Agreement when it is in a from acceptable
 to the Borough Solicitor.

Executive Session was held to discuss Legal and Personnel Issues

Council came out of Executive Session and meeting reconvened.

Council Action:
Motioned by D. Lewis, seconded by R. Good and unanimously carried to approve the hiring of
Mike Wetherhold on a weekly basis for Accounting Functions in the Borough Office at a rate of
$20.00 an hour.

Motioned by A. Kloiber, seconded by S. Lesiey and unanimously approved to have Mark
Schweitzer or Dean Johnson start legal action against the car wash owner to get back money
that is owed to the Borough for water and sewer charges.

Meeting Room Tables-
Jill Pratt-1 South Broad Street reported that she had her Carpenter contact fix the tables in the
meeting room. Council thanked Jill for her donation of services.

Motioned by A.Kloiber, seconded by D. Lewis, and unanimously carried to adjourn.

           Attested:             FINAL
                     Mary L. Burkholder
               Administrative Secretary/Treasurer
ADAMSTOWN BOROUGH COUNCIL   August 7, 2007   Page 8 of 7

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