EAST COCALICO TOWNSHIP BOARD OF SUPERVISORS MEETING



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EAST COCALICO TOWNSHIP DRAFT AGENDA EAST COCALICO TOWNSHIP MUNICIPAL BUILDING, 100 HILL ROAD, DENVER, PA 17517 MEETING CALLED TO ORDER AT 7:30 P.M. at 7:30 P.M. PUBLIC COMMENT o STEVE RAPP, DENTECH, 1975 N. READING RD. BID APPROVAL OF MINUTES: o MINUTES THURSDAY, JUNE 19, 2014 POLICE DEPARTMENT SEWAGE ENFORCEMENT OFFICER TREASURER S REPORT o AUTHORIZE LIST OF BILLS LAND PLANNING ENGINEER o FOUR SEASONS PRODUCE TRACTOR PARKING STORMWATER MANAGEMENT PLAN CONDITIONAL APROVAL ZONING OFFICER TRANSPORTATION ENGINEER SOLICITOR ROADMASTER o RESOLUTION 2014-09: MUNICIPAL WINTER TRAFFIC SERVICE 5-YR. AGREEMENT SUPERVISORS o RESOLUTION 2014-10: STEVENS FIRE COMPANY 100 YEAR ANNIVERSARY TOWNSHIP MANAGER o 1975 SALE BIDS DECISION o BLUE RIDGE CABLE TECHNOLOGIES: RIGHT-OF-WAY AGREEMENT EXECUTIVE SESSION (IF NEEDED) ADJOURN

The advertised regular meeting of the East Cocalico Township Board of Supervisors was called to order on Wednesday, July 2, 2014 at 7:30 p.m. held at the East Cocalico Township Municipal Building, 100 Hill Road, Denver, PA 17517. ATTENDANCE: Supervisors: Employees: Solicitor: News Reporter: Visitors: Chairman Douglas B. Mackley, Vice Chairman Alan R. Fry, Secretary Noelle B. Fortna Manager Mark A. Hiester, Police Chief Beever, Zoning Officer Tony Luongo, and Recording Secretary Lisa A. Kashner Mr. Tom Goodman, Esq. Justin Stoltzfus, Lancaster Newspapers; Val Lacis, Reading Eagle, Alice Hummer, Ephrata Review James J. Stoner, David R. Matz, Steve Rapp, Mathew Gregg, Jon Fry, Brian Wise, Ken McCrea, June Kinback and Michael Hession Chairman Mackley asked everyone in attendance to rise and pledge allegiance to the Flag. Chairman Mackley announced that Executive Session will be held at the end of this meeting for personnel matters. PUBLIC COMMENT: Steve Rapp of DenTech, Inc. was present to go over their offer to purchase the 1975 N. Reading Rd. property. Mr. Rapp stated even though the offer is lower than expected, he reminded the Board of the costs associated with fixing the mold, roofing problems, and issues with the foundation; and in addition, Mr. Rapp stated that DenTech has revised their offer by donating 7.6 acres back to the municipalities if their bid is accepted. It is DenTech s hope the offer is accepted. Mr. Rapp reminded the Board that the employees of DenTech would put money into the area because of shopping locally (70 employees, added 20 workers last year and expects more growth). Mr. Rapp met with Adamstown and Denver Borough s after the June 24 th Leaders Meeting, and stated that both of them have reversed their initial decision to keep the property, and decided to sell by accepting DenTech s bid with the added 7.6 acres. Vice Chairman Fry asked if the donated 7.6 acres could eventually have a right-of-way access to Rt. 272, and Mr. Rapp answered currently the land has access to Reamstown Road, and that it would be no problem to draw up an agreement allowing access to Rt. 272. It was noted that although Adamstown Borough voted not to sell the property on June 24 th, they rescinded their motion a couple days later and voted 6/0 to sell the property. Mr. Stoner of West Cocalico Township questioned who is paying to subdivide the 7.6 acres; and even though the land was donated, it would be donated to East Cocalico Twp. and would not benefit the other municipalities. The land would not be beneficial for a police building unless there is access to Rt. 272. Mr. Stoner stated he would like to keep this option open for a Rt. 272 access. Mr. Stoner questioned the legality of the Township s and Borough s rescinding and/or changing their motions after the June 24, 2014 advertised public meeting. Mr. Goodman stated we are operating under the Intermunicipal Agreement, and the second amendment, which states if three out of the four municipalities desire to sell, that East Cocalico Township shall proceed to either sell by sealed bid or public auction within 180 days. Mr. Goodman stated the action at the June 24, 2014 Cocalico Leader s Meeting was a recommendation to East Cocalico Township by the other municipalities; and apparently since that time, it has changed. June Kinback noted her concerns with selling the property, and a shared driveway. Mr. Goodman stated that if the bid is accepted tonight by the East Cocalico Township Board of Supervisors they have to settle within 60 days, and then the entire property would be sold for 1.7 million, and if DenTech wants to donate a certain amount of land back to the Township that is their prerogative. Ms. Kinback brought to the Boards attention the fact that the appraisal came in as low as it did, then the property taxes should have be re-evaluated. David Matz, from Adamstown Borough, noted that Adamstown Council made their decision last night to accept the bid and sell, and they stand by it. Mr. Hession noted that by July 15, 2014 the 1.3 million will be a little bit less because of the fees due and the balance of the money in the maintenance fund would go towards the balance when it is sold. Page 1 of 4

PUBLIC COMMENT: (CONTINUED) Chairman Mackley: Chairman Mackley stated this is the first this Board heard of their 7.6 acre offer, and is something that would have to be discussed, specifically with access to Rt. 272. He reiterated some items of discussion at the June 24 th meeting: (1) forming a committee of elected officials to stay on top of this, to do their due diligence to move forward, and sell at a later date, (2) hire a firm to market the property outside of Lancaster County and/or Pennsylvania, and (3) costs on remediating the building. Chairman Mackley stated these items just add to the time and the costs. We cannot keep adding to the $498,000.00; and that is why Chairman Mackley is in favor of selling the property. Secretary Fortna: Tuesday, June 24 th was the night to talk about this and get the thoughts of everyone; there was a decision not to accept the bid. The numbers presented have some subjectivity to them because there is value in the property: this is a refrigeration building with two fairly new units and these units have value. The underground tanks are an asset, noting the environmental studies passed. Secretary Fortna stated she would rather not take on the $1.3 million debt, than not to have the property any more. DenTech is a great company, and they have done a great presentation, but selling is not the right move. We should wait another year, as stated last Tuesday to form a committee, do more research, and more advertising. Vice Chairman Fry: When the property was purchased, everyone had good intentions of having a community center. Then the economy went down, and keeping the property any longer will not benefit us. With DenTech offering the 7.6 acres, just sweetens the deal. Vice Chairman Fry stated that it s sad, but it does not benefit us keeping it for another year. DenTech is manufacturing, which is good for the area in creating wealth to the community. Vice Chairman Fry stated that he can see both sides of the coin, but cannot see putting more money into the property; he s sorry, but looking at the economy, and talking with different people I cannot see the value in keeping it. MOTION: Chairman Mackley made a motion, seconded by Vice Chairman Fry, to accept DenTech Inc. bid of 1.7 million. Chairman Mackley asked if there were any comments or questions. There were none. Secretary Fortna nay. Motion carried. (2/1) APPROVAL OF MINUTES: MOTION: Chairman Mackley made a motion, seconded by Vice Chairman Fry, to approve the Thursday, June 19, 2014 Board of Supervisors Meeting minutes. Chairman Mackley asked if there were any comments or questions. There were none. Motion carried. (3/0) POLICE DEPARTMENT: Chief Beever reviewed a couple of personnel issues. Antivirus protection was installed today with the County. Currently there are three vehicles that were taken out of service and authorization is needed to advertise and sell. MOTION: Vice Chairman Fry made a motion, seconded by Chairman Mackley, to approve the advertising of selling three police vehicles which were currently taken out of service. Chairman Mackley asked if there were any comments or questions. There were none. Motion carried. (3/0) Chairman Mackley reviewed and marked up the May 2014 police department report for the Chief to look into. Chief Beever noted the category House Checks was added to the report; they have always done this but now just added it to the report. Vice Chairman Fry noted it was requested for a speed trail to be placed on Ream Road. SEWAGE ENFORCEMENT OFFICER (SEO): Violation on Woodcrest Lane. TREASURER S REPORT & TRANSFER OF FUNDS: July 2, 2014 List of Bills was reviewed. MOTION: Vice Chairman Fry made a motion, seconded by Chairman Mackley, to approve the list of bills as presented: General Fund $18,616.51; State Fund $452.05; Light Fund $14,334.01; Cocalico Region Community Park Authority Fund $105,495.46.00. Chairman Mackley asked if there were any comments or questions. There were no more questions. Motion carried. (3/0) Page 2 of 4

LAND PLANNING ENGINEER: SUBDIVISION/LAND DEVELOPMENT PLANS: None OTHER AGENDA FOR ACTION: FOUR SEASONS PRODUCE TRACTOR PARKING STORMWATER MANAGEMENT PLAN CONDITIONAL APPROVAL: No one was present for this plan. Mr. Hiester briefly discussed the plan. MOTION: Vice Chairman Fry made a motion, seconded by Chairman Mackley, to conditionally approve the Four Seasons Produce Tractor Parking Stormwater Management Plan conditioned upon the applicant addressing all items outlined in the Becker Engineering, LLC. review letter dated July 2, 2014 to the satisfaction of the Township, Township Engineer and Township Solicitor. Chairman Mackley asked if there were any comments or questions. There were no more questions. Motion carried. (3/0) MOTION: Secretary Fortna made a motion, seconded by Vice Chairman Fry, to authorize the Board of Supervisors to sign the Improvement Guarantee Agreement (IGA) with accompanying financial security and the Stormwater Maintenance and Easement Agreement (SWMEA) related to the Four Seasons Produce Tractor Parking Stormwater Management Plan when executed by the applicant and submitted to the Township in a form acceptable to the Township Solicitor. Chairman Mackley asked if there were any comments or questions. There were no more questions. Motion carried. (3/0) MOTION: Chairman Mackley made a motion, seconded by Vice Chairman Fry, to authorize signature of the Four Seasons Produce Tractor Parking Stormwater Management Plan by the Board of Supervisors upon the applicant adequately resolving all conditions of plan approval to the satisfaction of the Township, Township Engineer and Township Solicitor, including the establishment of financial security in the amount of $125,188.04. Chairman Mackley asked if there were any comments or questions. There were no more questions. Motion carried. (3/0) ZONING OFFICER: Mr. Luongo stated that a full report will be at the next Board of Supervisors meeting. Dollar General is being stocked. Pet Food Experts is underway. It was noted that Park Street has a lot of mud on it from the recent rain storm. TRANSPORTATION ENGINEER: Mr. Hiester noted that Scott Russell is working on the crosswalk on Denver Rd. SOLICITOR: Nothing to report. ROADMASTER: Resolution 2014-09 Municipal Winter Traffic Service Five-Year Agreement. Mr. Hiester noted the agreement was reviewed and approved at the previous Board meeting; however the resolution is now before the Board reflecting five years of service. MOTION: Chairman Mackley made a motion, seconded by Vice Chairman Fry, to approve Resolution 2014-09, a five-year Winter Traffic Services Agreement (2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019). Chairman Mackley asked if there were any comments or questions. There were no more questions. Motion carried. (3/0) SUPERVISORS: Secretary Fortna: The Police Board met last Thursday, and noted they need more information on stock loss liability to keep working and moving forward. Vice Chairman Fry stated that the Reamstown Pool is approximately $5,000 above revenue compared to last year. Mark to look into purchasing items Costco for bulk items. Page 3 of 4

SUPERVISORS: (CONTINUED) Resolution 2014-10: Stevens Fire Company 100 Year Anniversary. Chairman Mackley read the entire resolution. MOTION: Vice Chairman Fry made a motion, seconded by Secretary Fortna, to approve Resolution 2014-10 which recognizing the 100 year anniversary of the Stevens Fire Company. Chairman Mackley asked if there were any comments or questions. There were no more questions. Motion carried. (3/0) TOWNSHIP MANAGER: Mr. Hiester explained the right-of-way agreement for free basic cable TV at the Reamstown Pool. MOTION: Vice Chairman Fry made a motion, seconded by Secretary Fortna, to approve the Blue Ridge Cable Technologies Right-Of-Way Agreement for the Reamstown Pool. Chairman Mackley asked if there were any comments or questions. There were no more questions. Motion carried. (3/0) Mr. Hiester discussed the recent notification received from the Pennsylvania Department of Environmental Protection, indicating that the township should expect their Act 101 Recycling Program Performance Grant for the calendar year 2012 in the amount of $180,666.00 within the next six to eight weeks. Ms. Kashner stated the grant reflects 28,757.8 tons of residential and commercial materials recycled within the township. Mr. Hiester stated this is approximately 3x what was budgeted. The Board thanked June Kinback for her cardboard and paper dumpster suggestion, SuperValu for their great recycling habits (specifically 25,000 tons of cardboard alone), all the residents and businesses of the township, and Lisa A. Kashner for her work on the grant. EXECUTIVE SESSION: There being no further business to come before the Board, the meeting ended at 9:32 p.m. and went into Executive Session at 9:33 p.m. for discussion of personnel matters. RECONVENE REGULAR MEETING: Chairman Mackley adjourned the executive session and reconvened the regular meeting at 9:49p.m. No decisions were made. ADJOURN: MOTION: There being no further business to come before the Board, Fry made a motion seconded by Fortna to adjourn the meeting at 9:50 p.m. Chairman Mackley asked if there were any questions. There were none. Motion carried. (3/0) Respectfully submitted, Noelle B. Fortna, Board of Supervisors Secretary Page 4 of 4