Maidencreek Township Board of Supervisor Meeting
February 12, 2008 7:00 pm
Present: Claude Beaver, Roy Timpe, Joseph E. Rudderow III, Eugene Orlando, Jr. and Stephanie Dake –
Roland & Schlegel, Thomas Unger – Systems Design Engineering, Inc., Diane Hollenbach – Manager
Guests: Krista Timpe, Tony Dompkowski, Eric Dompkowski, Henry M. Koch, Jr., Mark Hinkle, Tammy Hinkle,
Randi Peters, John Bulack, Rick Kline and Bob Ramsey.
Claude Beaver called the February 12, 2008 meeting of the Maidencreek Township Board of Supervisors to
order at 7:00 PM in the Maidencreek Township Municipal Building and asked everyone to rise for the Pledge
to the Flag.
POLICE REPORT
Officer Drazenovich reported that the Northern Berks Regional Police Department responded to 305
assignments in Maidencreek Township in the month of January. This resulted in 52 citations. The traffic fines
for Maidencreek for the month of January were $1,909.84 and non-traffic fines were $858.32, totaling
$2,768.16. The total number of patrol hours was 940.03 for the month.
APPROVAL OF THE MINUTES
A motion was made by Roy Timpe, seconded by Joe Rudderow, to approve the January 16, 2008 Regular
Meeting Minutes. Hearing no questions on the motion, all members voted “Aye”. Motion carried.
ENGINEER’S REPORT
Subdivision Status Checklist
A motion was made by Joseph Rudderow III, seconded by Roy Timpe, to accept the request for an
extension of the review period for the Village at Summit Crest III Final Plan until May 8, 2008. Hearing no
questions on the motion, all members voted “Aye”. Motion carried.
Subdivisions/Zoning
CVS Land Development Plan – Joe Durkin of Reilly Associates and Henry Koch Esq. presented and reviewed
the CVS Land Development Plan with the Supervisors. Mr. Koch stated that the original Cross Easement
Agreement had never been recorded when the property was initially subdivided and new Cross Easement
Agreement had been submitted to Mr. Orlando for review. Mr. Unger reviewed the SDE letter dated 2/8/08.
The Zoning Hearing Board granted the special exception for a drive thru window.
Mr. Unger stated that the Planning Commission recommended that the Board grant the waiver that is being
requested by CVS to Section 515.G of the Subdivision and Land Development Ordinance for Interior Parking
Lot Landscaping provided that the extra landscaping is added to the perimeter of the parking lot.
Mr. Orlando suggested that a note be placed on the plan stating that this plan supersedes the prior land
development plan for lot #1 of the Valentino Subdivision. The same owner that recorded the original plan will
also be recording this plan.
A motion was made by Roy Timpe, seconded by Joe Rudderow, granting a waiver to Section 515.G of the
Subdivision and Land Development Ordinance, Parking Lot Landscaping contingent upon CVS adding the
10% interior landscaping to the perimeter of the property. Hearing no questions on the motion, all members
voted “Aye”. Motion carried.
A motion was made by Roy Timpe, seconded by Joe Rudderow, granting final plan approval to the CVS
Maidencreek Plan contingent upon the items in the SDE letter dated February 8, 2008, the plans must be
signed by the Owner and the Lessor with language specified by the Township Solicitor, the Cross-Easement
Agreement for lots 1 and 2 shall be recorded with the final plan, a note shall be added stating the plan revises
and supercedes the Valentino plan of record, and issuance of an NPDES permit. Mr. Timpe modified the
motion to say that rather than requiring an additional 10’ easement along Route 222, the Township will accept
the fact that CVS left significant structures out of an additional 10' width of land outside the existing road right
of way. Hearing no questions on the motion, all members voted “Aye”. Motion carried.
Hinkle Annexation Subdivision Final Plan – Mr. Unger and Mr. Hinkle reviewed the Hinkle Annexation Plan with
the Board. Mr. Unger also reviewed SDE’s letter dated 2/8/08 with the Board. As part of the annexation, Mr.
Orlando suggested the Board require the Annexation Deed and Combination Deed that makes the annexation
parcel part of Mr. Hinkle’s land be recorded at the same time the plans are recorded.
A motion was made by Roy Timpe, seconded by Joe Rudderow, granting the Hinkle Annexation Plan the
following waivers to the Subdivision and Land Development Ordinance: Section 302.K Existing Contours,
Section 302.M Existing Utilities, Section 302.N Existing Trees and Section 508.A.3 Lot Width to Depth Ratio.
Hearing no questions on the motion, all members voted “Aye”. Motion carried.
A motion was made by Roy Timpe, seconded by Joe Rudderow, approving the Hinkle Annexation Plan
contingent upon SDE’s letter dated February 8, 2008, the delivery of the Cross Easement Agreements in form
and substance satisfactory to the Township and recording with the plan and the delivery of the Annexation
Deed and the Deed combining the annexation tract with the main tract also recorded at the same time the plan
is recorded. Hearing no questions on the motion, all members voted “Aye”. Motion carried.
Projects
Golden Manor III Street Trees – Mr. Unger reviewed the contract with J. Margerison. Mr. Unger stated there is
no provision in the contract regarding the holding of 10% of the cost for a period of time, therefore Mr. Unger
is requesting final payment in the amount of $1,260.00 be sent to J. Margerison.
A motion was made by Roy Timpe, seconded by Joe Rudderow, to make final payment to J. Margerison in
the amount of $1,260.00 for the Golden Manor III Street Trees. Hearing no questions on the motion, all
members voted “Aye”. Motion carried.
Wyatt Drive Tot-Lot – Bids for the Wyatt Drive Tot Lot were opened. The bids were done two ways Base Bid
with 3” BCBC or Alternate Bid with 4” Concrete. The following bids were received:
Name Total Base Bid Total Alternate Bid
Spotts Brothers Inc. $113,300.00 $122,400.00
Barwis Construction, LLC $152,268.00 $169,566.00
Bertolet Construction Corp $121,100.00 $126,220.00
Windsor Service $156,400.00 $174,000.00
Progressive Products &
Materials Dist., Inc. $ 87,386.00 $ 97,058.00
Grace Industries, Inc. $130,400.00 $134,975.00
J. Margerison Landscaping Inc. $126,293.00 $131,715.00
Smith & Smith Gen. Contr., Inc. $142,100.00 $142,100.00
Mr. Beaver asked if the Park and Recreation Board had any recommendations regarding using concrete
versus the BCBC. After a lengthy discussion, it was determined to go with the base bid with 3” BCBC.
A motion was made by Roy Timpe, seconded by Joe Rudderow, to award the bid for the Wyatt Drive Tot
Lot to Progressive Products & Materials Distribution, Inc. with a base bid of $87,386.00 pending the
Engineer's and Solicitor's review. Hearing no further questions on the motion, all members voted “Aye”.
Motion carried.
Act 167 Model Stormwater Ordinance – The Board will need to adopt revisions to the Maidencreek Township
Storm Water Ordinance that were made by the County of Berks and reviewed by the Pennsylvania DEP.
Subdivision Improvement Agreement LOC/Escrow Release Letters
A motion was made by Roy Timpe, seconded by Joe Rudderow, to authorize the Chairman to sign the
Subdivision Improvements Agreements LOC/Escrow release letters in the amount of $1,015.45 for the month
of January 2008. Hearing no questions on the motion, all members voted "Aye." Motion carried.
Sewage Enforcement Officer Activity Report and Code Enforcement Officer Activity Report- Mr. Unger stated
that the SEO and Code Enforcement Officer's Reports are in the Supervisor Books for their review.
Lehigh Cement - Mr. Unger reviewed the notification that was received from Lehigh Cement dated February
6, 2008, regarding the application that was presented to the Pennsylvania Department of Environmental
Protection (PADEP) requesting approval of an Air Quality Permit to burn dried Class A Biosolids as an
alternate fuel in the Lehigh Cement kilns. Mr. Unger and Ms. Hollenbach meet with Roger Fitterling of the PA
DEP Reading Office regarding this issue. Currently, there are no facilities in Pennsylvania that burn Class A
Biosolids in this type of application. Lehigh has offered an invitation to the Supervisors to take a tour of their
plant in Evansville, PA and their plant in Maryland that burns Type A biosolids. Lehigh Cement has already
done one test burn of the material and will notify the Supervisors when the next test will occur. Pa DEP
informed Mr. Unger that the Township may submit comments, which will be taken into consideration. Pa DEP
will advertise the actual permit, when written in the PA Bulletin and the newspaper. At that point, there will be
a 30 day public comment period. This does not mean that a public hearing will be held.
Mr. Rudderow asked how long the Maryland plant has been burning biosolids and what the population density
is in the area. Mr. Unger stated that they have been burning for one year. Mr. Unger does not know the
population density. Mr. Orlando asked if the Maryland DEP monitors the dust samples. Mr. Unger stated that
the Maryland DEP requires Lehigh Cement to hire a third party to collect and test samples from the stacks.
Lehigh Cement burns 70%-80% coal and the remaining 30%-20% comes from alternate fuels. Mr. Orlando
asked who supplies the biosolids. Ms. Hollenbach said they are currently coming from Synagro. Ms.
Hollenbach added that Lehigh Cement has feelers out for other suppliers. Mr. Orlando suggested that Lehigh
Cement inquire with Exeter Township Authority to see where they stand with their biosolids drying project.
Mr. Kline voiced his concerns regarding the burning of biosoliods by Lehigh Cement. Mr. Kline was aware
that this is a DEP and EPA issue and the Township can only make comments on the application that is with
DEP. Mr. Kline suggested that the Township should place an ad in the Reading Newspaper advertising that
Lehigh Cement is going forward with burning biosolids as a fuel and any responses should be directed to
DEP.
Various residents from the audience voiced their concerns regarding the spreading and burning of sewage
sludge and the effects this may have on public drinking water that comes from Lake Ontelaunee. Mr. Orlando
stated that if the residents want to have their voices heard regarding this issue, they need to contact their
congressman and state senators. The Supervisors will draft a letter regarding the Township’s concern over
this matter. The letter will be reviewed by Mr. Orlando. The Supervisors again advised the residents that if
they have concerns regarding this matter, they need to contact their congressman, state representative,
senators, DEP, EPA, etc.
East Brunswick Township Sewage Sludge Ordinance
A motion was made by Roy Timpe to adopt a memorializing resolution with respect to East Brunswick
Township as drafted. Motion died due to lack of a second.
A motion was made by Roy Timpe, seconded by Joe Rudderow, to have the Solicitor draft a memorializing
resolution for East Brunswick using the suggested one as a starting point. Hearing no questions on the
motion, all members voted “Aye”. Motion carried.
OPERATION REPORT - The Board reviewed the Operation Report.
SOLICITOR’S REPORT – Work continues on the Noise Ordinance, Waste Ordinance and the revision to the
Special Intensified Agriculture section of the Zoning Ordinance. The Board offered comments on the
numbering of the sections in the Noise Ordinance. Mr. Orlando requested a copy of Ordinance 134 which
regulates pets. The Planning Commission will discuss the SIA revisions at their March meeting before making
a recommendation to the Supervisors. It was pointed out that section 1204A contains performance standards
that require a traffic study; however, additional language is needed to require the applicant to remediate
adverse conditions found in the traffic study. Such remediation plans should be acceptable to the Township
and the applicant. The Waste Ordinance will be advertised for adoption with the Storm Water Management
Revised Ordinance.
TREASURER’S REPORT/MANAGER'S REPORT
Treasurer’s Report and Bill List
A motion was made by Roy Timpe, seconded by Joe Rudderow, to approve the January 2008 Treasurer’s
Report and bill list. Hearing no questions on the motion, all members voted “Aye”.
EMERGENCY MANAGEMENT
A motion was made by Roy Timpe, seconded by Joe Rudderow, authorizing the Chairman to sign the
Administrator/Manager Designation Form for the Total Visibility System. Hearing no questions on the motion,
all members voted “Aye”. Motion carried.
A motion was made by Roy Timpe, seconded by Joe Rudderow, to adopt resolution 10-2008 the
Maidencreek Township Emergency Management Plan. Hearing no questions on the motion, all members
voted “Aye”. Motion carried.
PUBLIC COMMENT
Randi Peters - Asked if the Township puts fluoride in the public drinking water. The Board advised Ms. Peter’s
to talk with the Water Authority regarding her issue.
BUSINESS
Planning Commission Resignation
A motion was made by Roy Timpe, seconded by Joe Rudderow, accepting Bill Moore’s resignation from
the Maidencreek Township Planning Commission and authorizing the Township Manager send a letter of
thanks to him for his service. Hearing no questions on the motion, all members voted “Aye”. Motion carried.
A motion was made by Roy Timpe, seconded by Claude Beaver, to appoint Joel High to fill the Planning
Commission vacancy created by Bill Moore’s resignation for the balance of his term, which expires December
31, 2008. Hearing no questions on the motion, the Board voted as follows; Mr. Timpe and Mr. Beaver voted
“Aye” and Mr. Rudderow voted “Nay”. Motion carried.
COMMENTS FROM THE BOARD
Mr. Beaver asked if the Planning Commission and the Zoning Hearing Board take the oath of office? Ms.
Hollenbach stated that they do.
Mr. Rudderow asked Mr. Unger if the issue regarding 330 Cornerstone Drive brought up at the January, 2008
meeting had been resolved. Mr. Unger stated they are in the process of locating the property line.
Mr. Rudderow asked Mr. Unger if the issue regarding the on-street parking near 400 Main Street that was
brought up at the January, 2008 meeting had been resolved. Mr. Unger stated that he had gone over during
the morning and a vehicle was parked there that was not from the Third Rail. Mr. Unger stated his next step is
to contact the State Highway since this is a state road.
Since there was no further business, a motion was made by Joe Rudderow, seconded by Roy Timpe, to
adjourn the February 12, 2008 meeting of the Maidencreek Township Board of Supervisors. Hearing no
questions on the motion, all members voted “Aye”. Motion carried. Meeting adjourned at 11:00 P.M.