MINUTES EXETER TOWNSHIP BOARD OF SUPERVISORS MEETING

SEPTEMBER 28, 2015

A Regular Meeting of the Exeter Township Board of Supervisors was called to order on Monday, September 28, 2015, at 7:14 P.M. in the Township Building by Chairman Jeff Bukowski

Supervisors Present:

Others in Attendance:

Jeff Bukowski, Chairman Dona L. Starr, Vice Chair Kenneth A. Smith Gary E. Lloyd Lisa VanderLaan

Troy Bingaman, Township Manager/Secretary/Treasurer Andrew J. Bellwoar, Solicitor Christopher L. Neidert, Chief of Police Clarence Hamm, Highway Superintendent Joseph P. Rogosky, P.E., Great Valley Consultants, Township Engineer

MOTION by Mr. Smith, seconded by Mrs. Starr to suspend the Regular Meeting at this time for the Local Economic Revitalization Tax Assistance Program Public Hearing. Motion carried unanimously.

Public Hearing: Local Economic Revitalization Tax Assistance Program Pat 0 'Brien-Pieja, 2 Executive Circle stated she read the Local Economic Revitalization Tax Assistance Program and it stated it would be in areas that are economically distressed. She stated the average salary for the residents of Exeter is $63,000; so her question for the Board is how we can be labeled an economically distressed area. Mr. Smith stated we have not labeled anyone, the County has chosen to label it and we're just piggybacking on what the County has said is distressed. He stated it is to encourage businesses to improve their business. He mentioned that the County has designated the areas. Mrs. O'Brien-Pieja asked if every area in Berks County is economically distressed; Mr. Smith replied no, the County has identified an area that would be appropriate for the a LERTA. Mr. Smith asked Mrs. O'Brien-Pieja if she has seen the map; she replied no. Mrs. VanderLaan pointed out on the map the areas designated for a LERTA by the County. Mr. Bukowski stated it really focuses not on the income of the residents, but on the area and the statute allows the designation by the Township Board of Supervisors by either blighted or distressed properties or deteriorated properties or areas. Mr. Bukowski stated this not a declaration by the Board of Supervisors that the area is distressed or impoverished; he stated it is designed to spur revitalization to areas that are underperfoiming economically and to increase the commercial tax base. Mrs. VanderLaan stated she raised the question of the blighted or distressed designation to Shannon Rossman, the Executive Director of the Berks County Planning Commission; she stated this is a standard definition in the original LERTA language. She stated the County looks at this as a way to designate areas that are not economically performing and allow development to come in. She stated this plan is a partnership with the County; she stated the County has identified these areas, and if we join this program, it will fast track the process to be eligible for the LERTA program. She stated the applicant would need to submit an application and it requires a long criteria list of things, so this shortens the process. Mrs. VanderLaan stated the average income for Exeter Township residents is approximately $52,000. Mr. Bukowski asked Mrs. O'Brien-Pieja if her concern is that it has a negative connotation to declare certain areas blighted or distressed in order to qualify for this program; Mrs. O'Brien-Pieja replied yes. Mr. Bukowski stated he had a discussion regarding this with Commissioner Leinbach, who pointed out that the statute does not define those tern's, but in order to pass an Ordinance providing for this, Local Economic Revitalization Tax Assistance, we have to declare

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the areas to be either distressed or blighted or some other qualifying language. He stated he understands Mrs. O'Brien-Pieja's concern and stated it needs to be understood that this Board is not declaring any particular property to be distressed or blighted. He stated it is not their intentions to denigrate those areas or influence the property values or anyone's perception of those programs. He stated to the contrary it is to attract economic revitalization in those areas by creating an incentive. Mr. Lloyd asked if it is just poor wording on behalf of the County; Mr. Bukowsld stated no, it's the State Legislation, and he stated they used the language they had to use under the Act. Mrs. Starr read the definition of a LERTA; it is a tax abatement incentive program to encourage improvements, rehabilitation and new construction to qualified commercial properties. She read, the County hereby recognizes supports and approves any LERTA of any municipality located within the boundaries of the County that has established a standard LERTA from property tax for certain deteriorated industrial, commercial or other business property. Mrs. VanderLaan questioned if the designation has an impact and also if we define it differently than what the nonnal definition of it is, would it offset the impact if there is one. Mrs. Starr stated our Ordinance states deteriorated areas within the Township. Mr. Bellwoar asked if the County provided the map with the designated areas; Mr. Bingaman replied yes. Mr. Bellwoar stated that by adopting the map we are doing what we need to, in regards to the County. Mrs. O'Brien-Pieja asked if this Ordinance is from the State statue; he stated the Ordinance the Board is looking at tonight doesn't talk in terms of economically distressed communities. Mrs. O'Brien-Pieja stated it does state that in the first paragraph; Mr. Bellwoar discussed what the first paragraph of the State statue says. Mrs. O'Brien-Pieja asked if the businesses making the improvements receive Capital Improvement credits from the Federal Government for improving their property; Mr. Bukowski replied, not that he knows of. He stated our intent would be to incentivize them to make the improvements so that in the future we're getting the full tax benefit of the improved assessed value in order to spur economic development. Mr. Lloyd stated by adopting a LERTA, businesses might relocate here rather somewhere that doesn't offer this. Mrs. O'Brien-Pieja asked who pays the taxes if the business is sold before 10 years; Mr. Bukowski stated the buyer would pay the full tax value in year 11. Mrs. O'Brien-Pie]a stated if she makes an improvement on her home she doesn't get a tax break; Mr. Bukowski stated the whole program is for commercial properties not residential. Mrs. VanderLaan stated when somebody builds a shopping center and they get the tax abatement program for 10 years then they sell it, the shopping center is still there; when you make improvements on your residential property if the County doesn't come out and reassess it, very few people in the community benefit from the improvement you've made on your home. Mr. Bukowski stated it is a very good point that has been raised and we declared it in Section 2 of the proposed Ordinance that the map attached as Exhibit A shall be the areas that contain and consist of deteriorated properties which are eligible for tax exemption under this Ordinance. He stated it doesn't say that every property in those areas is deteriorated and he felt the language works under the statute. He stated he doesn't want to single out any specific property; the only point to make is the definition of deteriorated property, which we adopted verbatim in our proposed Ordinance. Mrs. VanderLaan asked for it to be effective, do we only use the term deteriorated not blighted; Mr. Lloyd commented that wouldn't stop them from applying, they just may not be fast tracked. Mr. Bingaman stated Commissioner Leinbach stated the County used the teini deteriorated area to be as broad as possible. Mr. Bukowski stated they defined deteriorated property in the County resolution, we defined deteriorated property as any industrial, commercial or business property owned by an individual, association or corporation and located in a "deteriorated area" as provided by Ordinance of the local governing body or any such property. Mr. Bukowski stated we define deteriorated property as well; however, we do not define deteriorated area. Mr. Bellwoar stated we do have eligible areas in Section 2. Mr. Bukowski stated he's concerned that this doesn't comply because it doesn't define a deteriorated area. Mr. Bingaman stated Bern Township passed an Ordinance exactly the same way and their language stated deteriorated property and listed their eligible areas. Mrs. VanderLaan asked if we have considered reaching out to the County and asking them what language they recommend; Mr. Bingaman stated he has not because he modeled it after other municipal Ordinances that have

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already been adopted. Mrs. Starr stated under improvements it states, attains higher standards than economic use. Mr. Bukowski asked if we should add a second definition; he asked why we would need a deteriorated property defmition. Mr. Smith asked why we would want to make it any tighter; Mr. Bukowski stated he just wants it to comply with the County. Mr. Smith stated we are defining it based on their map; Mr. Bukowski stated we don't define deteriorated area, we define deteriorated property. Linda Focht, 50 Glen Oley Drive asked the Board to re-read what Mrs. Starr had read from the County presentation previously just so she understands it better; Mr. Smith re-read it. Mrs. Starr stated this is a way to give businesses a break so they can fix up their businesses to make both their business and the Township look better. Bob Quinter, 3501 Woodland Avenue stated if we look at the history of this it was originally designed for something else; he stated they had to declare the whole area as blighted in the past. He stated the terminology has nothing to do with the reality; it is satisfying the requirements of the State program. Mrs. VanderLaan asked if the school district has to approve a LERTA as well; Mr. Bukowski stated it doesn't have to, but in reality if the school district doesn't approve the program will not be utilized. Mrs. VanderLaan stated she has a few concerns; she stated a lot of the properties identified by the County on the map will never be applicable because the County doesn't differentiate between commercial and residential, and a lot of the properties on the County map are inapplicable to this program because they are residential. She stated she has a concern about designating areas to a LERTA which is specific to industrial and commercial development in zones where that is not currently allowed or in the future may not be allowed, such as the AP and the RC zones. She asked Mr. Bellwoar if someone were to challenge the language, would it be an issue; Mr. Bellwoar stated it presents an argument, but he felt it wouldn't be a winning argument. He stated the zoning will trump this LERTA Ordinance. Mr. Bingaman asked if we have Village Overlays, maybe we would want to merge that within those zones; Mrs. VanderLaan replied yes. Mrs. VanderLaan stated there are many areas on the County's map that will not be redeveloped and she is wondering if they have to designate those areas in this program. She asked what the benefit is if there is no potential that anyone is ever going to develop commercial or industrial there. Mr. Lloyd stated if we change the zoning we would have to add it back into a LERTA if it then qualifies. Mrs. Starr asked if we could change our map for a LERTA. Mr. Smith stated in some of the other areas people have businesses that were non-confouning to begin with, which means we may have to identify all the properties specifically and there would be a cost associated with that. Mr. Smith stated if we changed the zoning, that's a different issue; he stated we aren't going to have commercial operations in a residential zone. Mrs. VanderLaan stated we could have commercial operation in a residential district in some of the zones we are creating such as the Mixed Use. Mr. Smith stated the County has already done this for us; Mrs. VanderLaan stated yes, but they haven't differentiated between the commercial and residential. Mr. Lloyd asked if we could change the language in our Ordinance to say it doesn't include the residential except in existing non-conforming uses who want to use it; Mr. Bukowski stated yes, we can use whatever language we choose. Mr. Lloyd stated then it would opt out all of the places that are applicable to it, but then if it's an existing non-confouning use that's already there and want to use it then they'll be open to it; Mr. Smith stated AP and some of the other areas, if they are operating a farm, does this mean they won't be able to install a new barn because they are a commercial operation. Mrs. VanderLaan stated that's exactly why she reached out to the County, because there are farms that are operating and not included in this designation. Mr. Bingaman stated we can add them, but the applicant will need to get approval through the Commissioners. Mrs. VanderLaan stated she is not trying to limit anything; she wants to make sure we understand if there are any ramifications. She asked if we should keep Farming Ridge in this, because it is included; Mr. Smith stated he has no problem with it being included. He stated it's a residential zone so you can't operate a nounal commercial business there; however, people do have beauty shops, accounting offices and other low impact businesses there. Mrs. VanderLaan stated low impact businesses don't qualify for this. She stated it was explained to her that if a residential property is being used for Mixed Use and one

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floor is used for commercial and one floor is being used for residential the floor being used for commercial can be entered into this program for improvements for whatever they want to do, but not the residential portion. Mr. Smith stated he has no problem with the language the way it's written. He stated the County has already delineated that based on their map. Mr. Bukowski stated they haven't because they leave it up to each Township to define those areas. Mr. Smith stated the County can wave their taxes on improvements, so by definition they've already declared what's blighted. Mr. Bukowski asked if anyone else from the public has any other comments before they close the Public Hearing. MOTION by Mr. Smith, seconded by Mrs. Starr to close the Public Hearing at 7:55 P.M. Motion carried unanimously.

The Regular Meeting of the Board of Supervisors reconvened at 7:55 P.M.

NOTE FOR THE RECORD: The Board met in Executive Session prior to the meeting to discuss Personnel and Potential Litigation. Mr. Bukowski stated we'll hear more about the Potential Litigation in the Solicitor's Report. Mr. Bukowski stated Mr. Hamm has requested posting a Mechanic position for the Highway Department who also takes care of the Police Department and Treatment Plant vehicles. MOTION by Mr. Lloyd and Mr. Smith to authorize the posting of a 2nd Mechanic position. Motion carried unanimously.

Public Comment Linda Focht, 50 Glen Oley Drive stated she understands the EAA owes the Township $60,000; she stated she doesn't like the idea of the Township taking the EAA to court. She asked the Board who owns the building; Mr. Bukowski stated the EAA currently holds the title for the building. Mrs. Focht asked if it would be possible to lease space from the EAA for the Police to use and instead of paying rent deduct from their debt. She suggested looking for other ways to solve the problem. Mr. Bukowski stated when they authorized the law suit part of the issue was they stated they wanted to list the property for sale; he stated they were concerned and wanted to put any potential buyers on notice of our claim for money. He stated the judgment was that money would become a lien on that property to be paid at the time of the sale. He stated the Board is open to resolving this issue. Mr. Smith stated one of the things as a Board that they collectively don't do is make their arguments in the newspaper, they make them around the meeting table or in executive session. He stated the Board wants to do things at the lowest cost to the Township and save the residents as much money as possible; he stated that's why you do not see the Boards position on things that are happening. Mrs. VanderLaan stated the Board is considering all their options.

MINUTES OF SEPTEMBER 14, 2015 REGULAR MEETING MOTION by Mr. Lloyd, seconded by Mr. Smith to approve the minutes of the September 14th regular meeting as presented. Motion carried with Mr. Bukowski, Mrs. Starr, Mr. Smith and Mrs. VanderLaan voting in favor and Mr. Lloyd abstaining

Disbursements MOTION by Mr.Smith, seconded by Mrs. Starr to approve for payment the bills presented on the Disbursements List dated September 25th in the amounts of $69,617.05 in the General Fund; $7,060.87 in the Utility Fund; $23,586.25 in the Sewer Fund; $7,000.00 in the RCC F&B Operations Fund; $33,928.61 in the State Liquid Fuels Funds. Motion carried unanimously.

UNFINISHED BUSINESS

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Authorize Advertising LERTA Ordinance Mrs. VanderLas n asked the Board if they felt the Ordinance language as presented and the information we have as a Board right now is complete enough to act upon this or is it possible that we would have to backtrack later; she stated she would rather take another two weeks to consider this to make sure they get it right. Mr. Bukowski asked Mr. Bellwoar since they had a Public Hearing tonight could they take two weeks to consider modifying the proposed Ordinance without having to have another Public Hearing. Mr. Bellwoar stated he believes we can; Mr. Bukowski stated if the changes are based on the discussion tonight. Mr. Bellwoar stated he would want to reserve as regards to making the changes would require making a subsequent hearing. He stated he thinks we are in good shape if we hold off, revise the ordinance as discussed tonight, and then have it ready for action at the next Board of Supervisors meeting. Mrs. Starr asked what if there are substantial changes; Mr. Bellwoar stated that might result if we had advertised it, having to re-advertise it, but because we took in all the input from that hearing he felt we would be in good shape. Mr. Bellwoar will check on this. Mr. Bukowski stated the discussion leads to the possibility that the area would be increased not decreased. He stated if we make changes we would want to post it in time for the public to see the revised proposed Ordinance at their next meeting, so we have less than two weeks to do that. Mr. Bukowski stated he agreed with Mr. Smith, he would like to be as broad as possible too; he stated he felt they should wait another two weeks. He asked the Board members to take responsibility and give the Solicitor language for a proposed version within a week so we could modify it and add it to the agenda in time for the public to see it prior to their next meeting. Mr. Bellwoar stated he took notes based upon the discussion and he could get this back to the Board tomorrow and then it could be posted shortly thereafter. Mrs. Starr asked how many other municipalities have adopted this; Mr. Bingaman stated Reading, Bern Township and he believes Tilden may have. Mrs. VanderLaan stated Fleetwood and Mt. Penn have also adopted this. Mr. Bingaman stated he only has a copy of Bern Township's. Mr. Bukowski stated we may want to include some of the other language; Mrs. VanderLaan stated she would send the language to Mr. Bellwoar. Mrs. VanderLaan stated we need to determine if the residential areas should allow for commercial or industrial use of those structures, since our existing zoning does not; she questioned if it is the Boards opinion that designating those areas as this doesn't matter because we don't allow that kind of thing there in any case. Mr. Bukowski asked if Mrs. VanderLaan is asking whether his view is by including within the designated areas it's irrelevant because we don't allow it anyway; he stated his answer is yes. He stated especially if they had language to say nothing in here should be deemed to imply commercial uses is permitted where otherwise prohibited by zoning. Mr. Lloyd asked what the benefit is; Mr. Bukowski stated we are considering doing overlays and as things change, to the extent uses are permitted by overlay or further zoning change we wouldn't have to go back to amend. Mrs. VanderLaan asked Mr. Bellwoar if he felt confident that including areas that are nonviable for commercial and industrial use does not leave us vulnerable to challenges on our Ordinances. Mr. Bellwoar stated especially with the saving language. Mr. Bellwoar will draft an amendment and circulate to the Board. Mr. Bukowski stated the Board will defer this to the October 12th meeting.

Zoning Board Vacancy Mr. Bukowski stated the Board will discuss the process to fill the vacancy on the Zoning Hearing Board; he read a list of persons who have expressed interest in the Zoning Hearing Board position. Mrs. VanderLaan asked Mr. Bingaman how we advertised for this; Mr. Bingaman stated it was on the sign board and the website and he reached out to everyone else. Mr. Bukowski asked Mr. Lloyd what he wanted to do; Mr. Lloyd replied, re-advertise. Mr. Bukowski asked Mr. Lloyd in what way; he stated put it on the website and ask for other applicants. Mr. Bingaman stated he had it advertised on the website and the sign out front; he stated we didn't get any new applicants. Mrs. VanderLaan stated we didn't advertise it very long. Mr. Smith stated he's willing to advertise another two weeks. Mr. Lloyd stated the Zoning Hearing Board is really important to have good people on it; he asked if Mr. Bingaman has their resumes. Mr. Bingaman stated most of them are just letters of interest.

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MOTION by Mrs. VanderLaan, seconded by Mr. Smith to authorize advertising special meetings on October 5, 2015 at 6:30 P.M. and October 12, 2015 at 6:30 P.M. to conduct interviews. Motion carried unanimously.

Transportation Project Request — Berks County Long Range Transportation • Plan & PennDOT's Twelve Year Program

Mr. Rogosky stated he received a memo from Alan Piper from the Berks County Transportation Department dated August 31st, providing us with a list of our current 12 year projects that we previously submitted in 2013. He stated Mr. Piper is asking each municipality, including Exeter, to either update their list or provide any new projects that we feel we want to be placed on the list. He stated he met with Mr. Hamm and Mr. Bingaman last week and they discussed the list and they feel the projects they have already slated for the list should remain, with the exception that the prioritizations of the list change. He stated they are looking at adding the Shelbourne & Gibraltar Road intersection improvements to be number one on the list because the County is pursuing replacement of their bridge on Gibraltar Road and they are in favor of looking into combining the projects together. He stated if we we're going to do an intersection improvement project the bridge would need to be widened to accommodate for extra turning lanes and so forth. He stated Mr. Piper felt this would be a good project for them to combine together, so he wanted to push that into the number one position. He stated number 2 would be the Harvey Avenue Bridge; he stated even though that's under design he wants to keep that on as one of our key projects; he stated they're hoping this will go out for bid in 2017. He stated number 3 would be the Cross-town connector; he stated this has been on before and would be another relief route and could potentially increase our commercial area. Mr. Rogosky stated we are still in support of the project with Amity Township, Weavertovvn Road, he stated even though we're not listed on it, we're in support of that project and also adding the E. Neversink and Painted Sky Road intersection for widening and drainage improvements. He stated he would like to present this tonight to the Board. He stated Mr. Piper advised him that we do not need to resubmit anything except for the E. Neversink / Painted Sky Road intersection project, we would need to complete the necessary fowls and submit those; he stated Mr. Piper would retain the projects that we currently have on the list and we could alter the priority numbers. MOTION by Mr. Smith, seconded by Mrs. Starr to accept Mr. Rogosky's recommendations for the Transportation Project Request — Berks County Long Range Transportation Plan. Motion carried unanimously.

NEW BUSINESS

Professional Services — Proposed Riverfront Zoning District Mr. Bingaman stated at the Strategic Planning Meeting held on September 17th recommendations were made to hire a professional service to draft the Ordinance regulations for a Riverfront District. Mrs. VanderLaan asked Mr. Bingaman if the recommendation was also for the professional service to overview the concept and the feasibility. Mr. Bingaman stated the specific recommendation in the report was to draft Zoning Ordinance language as a new zoning district using as a template or guide the summary contained in this report and such other guidance as may be given by the Board; he suggested that could fall under other guidance by the Board. Mr. Lloyd asked if they want to do it in two (2) phases to figure out the feasibility of it and if it's feasible then we move on. Mr. Bukowsld stated he doesn't understand why they need to figure out the feasibility of it. Mrs. VanderLaan stated the idea is to support the concept; she stated the Steering Committee hasn't had the ability to do any market studies to determine if there would be a desire for this type of district there, but they were able to identify, through the community, that this is a project the residents of the Township wanted. Mr. Bukowsld stated he doesn't have a problem with having a feasibility study done, but this recommendation isn't for a feasibility study, this recommendation is to draft the Ordinance language.

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Mrs. Starr stated she agreed with Mr. Lloyd; she felt that we need someone to come in and see if this is feasible with the tax base. She stated there are too many variables, too many issues with that area. She stated she's not ready to hire someone to come in and write Zoning language to change the Zoning there. Mrs. VanderLaan stated to have a market study done it would cost the Township approximately $60,000. Mr. Bukowski stated the point of the whole project is to create possibilities; he stated he's not opposed to doing a market study. He stated it was incorrect for the steering committee to say they didn't have the ability to do a market study; he stated they certainly had the ability to that and didn't because of the expense. Mr. Smith asked if we could create Zoning language that is limited in its design, stating this is the intended Riverfront District and this is the overview of it, we have not detailed it until such time there is interest in the property but the intent is here, show the area on a map and state this precludes industrial type things from moving in that we don't want there. He asked if it has to be specific language for everything that we want to do up to and including or can we just have it broad with some inclusions. Mr. Bellwoar stated he appreciates the concept and looking for something to invite a developer in; however, once there in if we don't have the protections in place that we want then we'll be behind the eight ball. Mr. Smith asked if we need to go into detail that specifies every nuance to a zoning area; Mr. Bellwoar stated to protect ourselves; we would want those details to be included. Mrs. VanderLaan stated the bulk of the concept originally was inclusive of fioodway and floodplain; she stated in a fioodway you cannot build at all, floodplain you're limited. She stated we've added areas that are already Light Industrial in use for this to create a community area. Mr. Bukowski asked if there was something we could do to put out an RFP that would invite someone to do both phases as Mr. Lloyd suggested and if they agree the concept is feasible write the Zoning Ordinance Language. Mrs. VanderLaan asked if we need to put an RFP out for this or if we could just talk to the companies that we've already interviewed. Mr. Bellwoar stated we can talk to those companies. Mrs. VanderLaan stated she would like to contact specifically the companies that we know do this type of work and ask them to give us a proposal. Mr. Bukowski asked if Mrs. VanderLaan had any in mind; Mrs. VanderLaan stated DELTA; Mr. Bukowski suggested also asking Simone Collins and Sam Loth. Mr. Bukowski stated he wants to move this to the next step; Mrs. Starr stated she's only interested in the feasibility, she's not interested in changing the zoning there. Mr. Bukowski asked what our direction is for the Township Manager; Mr. Bingaman stated to reach out to DELTA, Simone Collins and Sam Loth for a proposal. Mr. Lloyd suggested sending them our plan of what we're trying to do and let them write their own proposal according to their own criteria and they could give us ideas of what would need to be done and the cost. Mr. Bukowski stated he agreed with Mr. Lloyd and stated we should send the report to them as well. Mrs. Starr asked Mrs. VanderLaan how it is zoned right now. Mrs. VanderLaan stated the area along the river is currently zoned Light Industrial and across the street they have included overlays; she stated the larger residential lots and Light Industrial is now included. Mrs. Starr asked if all the Light Industrial is taken away what are the ramifications; Mrs. VanderLaan stated the Steering Committee has considered the Light Industrial Zoning of today is different than it used to be. She stated BCO Flex, which is along the eastern portion of that area, will hopefully pick up those types of things with a better infrastructure. Mr. Bukowski asked if they can get something back to the Board within the next two weeks; Mr. Bingaman stated that is very aggressive.

Approve Fulton Bank Lease Resolution 2015-19 — 2016 Mack Dump Truck Mr. Bingaman stated the Board recently approved the purchase of a 2016 Mack Dump Truck for the Highway Department. He stated we've taken delivery of the lease chassis. He stated we need to add this item to the master lease with Fulton Bank and we are looking at a rate of 2.25% for this lease purchase so he needs authorization to approve the resolution. MOTION by Mr. Smith, seconded by Mrs. Starr to approve Fulton Bank Lease Resolution 2015-19. Motion carried unanimously.

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Approve Purchase of Speed Alert 18 Radar Message Signs (Win. Penn Grant) Chief Neidert stated this is new technology, basically they put up a radar sign that gives you your speed; he stated they can also add a message to it and it flashes red and blue. He stated they'll be able to control it by their computer or thru their phones by an App, so they will be able to change the message or download the data. He stated if someone is trying to steal it, the sign will send an alert and also take a picture. He stated he felt this could really help them combat speeding. MOTION by Mr. Smith, seconded by Mrs. Starr to authorize to purchase two (2) Speed Alert 18 Radar Message signs through COSTARS Contract for a total cost of $11,486 (including a trade of a 2006 for $2,000). Motion carried unanimously.

Accept Deed of Dedication — Philip Avenue Mr. Rogosky stated Forino Company has prepared a Deed of Dedication for the Township to take over Phillip Avenue which is a cul-de-sac, approximately 560 lineal feet. He stated he has reviewed the legal description and the survey. He stated he found no problems with the description, however; they do need to set the concrete monuments and verify that lot pits have been set properly and in accordance with the approved plan. He recommended the Board approve the Deed of Dedication this evening conditioned upon those items being addressed. MOTION by Mrs. Starr, seconded by Mr. Lloyd to approve the Deed of Dedication conditional upon the concrete monuments and lot pits being set properly and in accordance with the approved plan. Mr. Bukowski asked how this will be addressed and who would confimi that these items have been completed. Mr. Rogosky stated he's already reached out to the developer and once the monuments have been installed they can verify it. He stated the monuments and the lot pins will be certified by a professional surveyor. Mr. Bellwoar asked if they'll go into a maintenance period after dedication; Mr. Rogosky replied, yes. Mr. Bellwoar asked if there is money there presently for those tasks that are remaining; Mr. Rogosky replied, yes. Motion carried unanimously.

Adopt Liquid Fuels Resolution 2015-20 —Adding Philip Avenue Mr. Bingaman stated as a result of accepting the Deed of Dedication for Phillip Avenue, we need to adopt a Resolution and file it with the Clerk of Court's Office accepting this street to be added to the Liquid Fuels Map so we are compensated going forward through our Liquid Fuels Tax. Mr. Bukowski asked if this will be added to our road maintenance; Mr. Hamm replied it will be added once this is adopted. MOTION by Mrs. VanderLaan, seconded by Mr. Lloyd to adopt the Liquid Fuels Resolution 2015-20, adding Phillip Avenue. Motion carried unanimously.

SOLICITOR'S REPORT

EAA Mr. Bellwoar stated in order to properly position the Township, he recommends the Township file Lis Pendens Action; he stated this is an action to alert the public to the Township's claim against EAA and its property. He is recommending a Motion to allow him to file a Lis Pendens Action in the Berks County Court of Common Pleas to enforce the Township's rights as regards to EAA property. MOTION by Mr. Smith, seconded by Mr. Lloyd to allow the Solicitor, Mr. Bellwoar, to file a Lis Pendens Action against EAA. Mr. Bukowski asked Mr. Bellwoar to explain what a Lis Pendens Action is; Mr. Bellwoar stated its filed against the property, it can be filed against a residential or commercial property, its filed in the Recorder of Deeds and it simply alerts the world that there is an issue and the one filing it has some sort of claim against the property. Mr. Bukowski stated in this case the claim relates to the property and the judgment received by the second law suit. He stated it puts the world on notice. Motion carried unanimously.

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INDIVIDUAL REPORTS

Route 562, Shelbourne Road and Oley Turnpike Intersection Mr. Rogosky stated he reached out to PennDOT with our concerns by email and they have agreed to extend the 30 day test period; he stated once they know there are issues that the municipality has they will continue to be on a maintenance period for the traffic signal. He stated he received notification by telephone stating Penn DOT did not agree to leave the binder course. He stated Penn DOT was going to allow the material to remain with compensation to the contractor at 50%; he stated Penn DOT has declined that offer therefore; a portion of the paving will be removed and replaced. Mr. Rogosky stated he does not know when this will take place. Mr. Bukowski asked if Mr. Rogosky knew of a specific area; Mr. Rogosky stated the whole intersection. Mr. Bukowski stated the stop lines from Oley Turnpike Road are very far back; Mr. Rogosky stated this was one of the concerns they discussed with PennDOT. He stated he also passed along Chief Neidert's concern about protected left turns.

902 Recycling Grant Mr. Hamm stated he plans to apply for an equipment grant and will be attending a mandatory pre- application Meeting with DEP in mid- November.

Auction Mr. Hamm stated the auction for everything from the Reading Country Club will be held at the Township Building on October 19th at 4:00 P.M.

Reading Country Club Management Mr. Bingaman stated he received a proposed amendment and extension for the Golf Management Services Agreement; he will be circulating this to the Board and they can consider it at the next meeting.

Reading County Club Artifacts Mrs. VanderLaan stated she met with Mr. Hamm to identify several pieces of furniture that she believes are original if not early to the construction of the building that had been being stored on the third floor of the Country Club. She stated she felt it is important that one of two things happen, either we have a discussion about whether we want to maintain that property and if not how to dispose of it, because she does not feel they would bring the kind of value they are worth at an auction where we are selling restaurant and other used equipment. She stated she would recommend that we keep it, but that raises other concerns about where we keep it; she stated she is concerned if we keep it in a shed or a building somewhere that nobody in the years to come will know what it is or what the purpose of it is. She stated she would like to ask Viva if they would consider doing something at the Reading Country Club that would include Byron Nelson memorabilia and at the very minimal allow us to store the furniture that they removed from the attic back to the attic so that it stays with the structure. Mr. Lloyd stated he and Mr. Smith are going to meet with Viva and they could discuss this issue then and see what the feasibility of it is.

Fire Department, EMS Mr. Lloyd stated the Fire Department has completely taken over the EMS duties, the transition is done. He stated they are operating with essentially all new equipment and they have a very high competitive pay for their EMT's and it was all done at no additional cost to the Township. He stated they sold their Tower and with the proceeds from that, they were able to purchase new equipment; he stated they have no debt. He stated this has been a huge success which was done by volunteers. Mrs. Starr thanked the Reading Eagle for their nice article and she gave kudos the Exeter Fire Department for all their hard work.

55

MINUTES OF SEPTEMBER 28, 2015 BOARD OF SUPERVISORS — PAGE 10 OF 10

Chicken Farm Mrs. Starr stated there are issues with the chicken farm again and DEP has been there and has issued violations. She asked if they have been paying their sewer bill; Mr. Bingaman stated they do still owe us some money, but they have been making payments on it. Mr. Bukowsld asked what the violations were for; Mrs. Starr stated there were too many to read, it's a long list.

Tom Howell, P.O. Box 4635 asked in regards to a LERTA, if the Supervisors were going to discuss a fee to do this; he asked what type of fee would be applied. Mr. B-ukowski asked if he meant a fee to apply for it; Mr. Howell replied, yes. Mr. Bukowski stated the fee would be based on the size of the project; the fee would be whatever the current fee schedule for a building permit is.

ADJOURNMENT MOTION by Mr. Smith, seconded by Mrs. VanderLaan to adjourn the meeting. Motion carried unanimously. The Meeting adjourned at 9:07 P.M.

Respectfully Submitted,

56

Troy S. Bingaman Township Secretary

Date: 09/25/2015 Time: 10:24:36AM

Selective Check Register Exeter Township

Including all check statuses For Bank Id VC and Check Number from 002013 to 002032

User: NANCY Page: 1

BANK ID CHECK # STATUS VENDOR # VENDOR NAME CHECK DATE RECONCILE / AMOUNT VOID DATE

VC 002013 0 0000001791 A & H EQUIPMENT COMPANY 09/28/2015 412.71 VC 002014 0 0000000097 AIRGAS EAST 09/28/2015 188.85 VC 002015 0 0000009723 ATLANTIC TACTICAL 09/28/2015 86.98 VC 002016 0 0000001549 CERTIFIED LABORATORIES 09/28/2015 966.28 VC 002017 o 0000002440 EXETER PRINTING 09/28/2015 496.00 VC 002018 0 0000003100 EXETER SUPPLY CO INC 09/28/2015 310.00 VC 002019 0 0000005100 LAWSON PRODUCTS INC 09/28/2015 244.69 VC 002020 o 0000008264 LYNX COMPUTER TECHNOLOGIES INC 09/28/2015 87.75 VC 002021 0 0000000912 NEW HOLLAND AUTO GROUP 09/28/2015 119.78 VC 002022 0 0000000454 OFFICE SERVICE CO 09/28/2015 304.13 VC 002023 0 0000002165 PIONEER CROSSING LANDFILL 09/28/2015 1,563.35 VC 002024 o 0000002056 POWER DMS 09/28/2015 3,182.50 VC 002025 o 0000001145 QUIGLEY DODGE 09/28/2015 364.66 VC 002026 o 0000004150 RADIO MAINTENANCE INC 09/28/2015 244.12 VC 002027 o 0000006650 READING EAGLE CO 09/28/2015 319.25 VC 002028 o 0000006700 READING FOUNDRY & SUPPLY CO LLC 09/28/2015 7.06 VC 002029 O 0000006805 RED THE UNIFORM TAILOR 09/28/2015 2,414.10 VC 002030 0 0000000353 RIDGEWOOD SOILS 09/28/2015 50.00 VC 002031 o 0000007200 THE WATER GUY 09/28/2015 22.95 VC 002032 0 0000002074 TOM MASANO 09/28/2015 94.96

Bank ID: VC Name: VISA Clearing Checking Account #: 539001776 Bank ID Totals: 11,480.12

Report Totals: 11,480.12

CHECK DATE RECONCILE! AMOUNT VOID DATE

09/17/2015 3,648.96 09/28/2015 58.35 09/28/2015 87.36 09/28/2015 27.00 09/28/2015 0.00 09/28/2015 1,122.90 09/28/2015 445.05 09/28/2015 174.65 09/28/2015 35.84 09/28/2015 150.00 09/28/2015 410.00 09/28/2015 450.81 09/28/2015 430.00 09/28/2015 840.26 09/28/2015 17.27 09/28/2015 0.00 09/28/2015 0.00 09/28/2015 7,599.93 09/28/2015 1,062.50 09/28/2015 1,500.00 09/28/2015 299.26 09/28/2015 27.00 09/28/2015 80.05 09/28/2015 103.04 09/28/2015 300.00 09/28/2015 3.44 09/28/2015 508.93 09/28/2015 796.08 09/28/2015 400.00 09/28/2015 355.40 09/28/2015 1,770.00 09/28/2015 510.00 09/28/2015 3,274.26 09/28/2015 95.54 09/28/2015 406.03 09/28/2015 356.59 09/28/2015 283.00 09/28/2015 193.16 09/28/2015 455.08 09/28/2015 6.00 961.0£1.

Time: 10:46:14AM

Page: t71

Exeter Township 00

Including all check statuses For Bank Id GC and Check Number from 087088 to 087179

BANK ID CHECK # STATUS VENDOR # VENDOR NAME

GC 087088 0 0000009553 BRIAN BOLLINGER

GC 087089 0 0000000132 AD MOYER GC 087090 0 0000008151 ADVANTAGE INDUSTRIAL SUPPLY GC 087091 0 0000002606 ALEXANDER PACK GC 087092 V 0000002105 AMERICAN UNITED LIFE INSURANCE COMPANY GC 087093 0 0000002105 AMERICAN UNITED LIFE INSURANCE COMPANY GC 087094 0 0000009524 AMERICAN WATER GC 087095 0 0000002668 ANDREW DAVIS GC 087096 0 0000000174 ANDREW J WALBERT GC 087097 0 0000000537 BERKS COUNTY PUBLIC WORKS ASSN

GC 087098 0 0000001200 BERKS PRODUCTS CORPORATION GC 087099 0 0000001349 BIRDSBORO AUTO PARTS GC 087100 0 0000008356 BURKHARDT MECHANICAL INC GC 087101 0 0000001947 CANON FINANCIAL SERVICES INC GC 087102 0 0000001088 CHRISTINA DE LONG GC 087103 V 0000001408 COMMERCE BANK GC 087104 V 0000001408 COMMERCE BANK GC 087105 0 0000001408 COMMERCE BANK GC 087106 0 0000004127 COUNTY OF BERKS GC 087107 0 0000002609 CRYSTAL CARRICK GC 087108 0 0000000508 DALE T MILLER GC 087109 0 0000002607 DANIEL GOMBAR GC 087110 0 0000000146 DARRIN S GARTNER GC 087111 0 0000002068 DAVID BEHM GC 087112 0 0000009340 DAVID SELTZER GC 087113 0 0000001135 DIRECT ENERGY BUSINESS GC 087114 0 0000001936 DXP ENTERPRISES INC GC 087115 0 0000000958 DYER QUARRY INC GC 087116 0 0000001580 E A WAETJEN INC GC 087117 0 0000001500 E J BRENEMAN LP GC 087118 0 0000009301 ENVIRONMENTAL SERVICE & EQUIPMENT CO INC GC 087119 0 0000000813 ESTERLY CONCRETE CO INC GC 087120 0 0000000201 EXETER TOWNSHIP GC 087121 0 0000000421 FROMM ELECTRIC SUPPLY CORP GC 087122 0 0000002575 GALLS LLC GC 087123 0 0000004060 GRAINGER GC 087124 0 0000001051 GREAT AMERICA FINANCIAL SERVICES CORPORATION GC 087125 0 0000009420 HAROLD R BOONE & SON INC GC 087126 0 0000000741 HARRIS COMPUTER SYSTEMS GC 087127 0 0000000254 HESS EMBROIDERY & UNIFORM

Time: 14AM

Page: 2 Township

Including all check statuses For Bank Id GC and Check Number from 087088 to 087179

BANK ID CHECK # STATUS VENDOR # VENDOR NAME CHECK DATE RECONCILE! AMOUNT VOID DATE

GC 087128 V 0000000776 HOME DEPOT CREDIT SERVICES 09/28/2015 0.00

GC 087129 V 0000000776 HOME DEPOT CREDIT SERVICES 09/28/2015 0.00

GC 087130 0 0000000776 HOME DEPOT CREDIT SERVICES 09/28/2015 1,992.31

GC 087131 0 0000002035 IMOW GROUP, LLC 09/28/2015 5,194.00

GC 087132 0 0000002178 ISOLATOR FITNESS 09/28/2015 628.00

GC 087133 0 0000000193 J C EHRLICH CO INC 09/28/2015 189.00

GC 087134 0 0000007264 J T SEELEY & CO INC 09/28/2015 1,158.00

GC 087135 0 0000002605 JEFFREY PERDOCH 09/28/2015 25.75

GC 087136 0 0000002594 JMH, INC. 09/28/2015 7,000.00

GC 087137 0 0000000109 KC AUTO BODY INC 09/28/2015 120.00

GC 087138 0 0000002164 LIFT INC 09/28/2015 723.90

GC 087139 0 0000002425 LUDGATE ENGINEERING CORPORATION 09/28/2015 2,128.75

GC 087140 0 0000002142 MESSICK'S 09/28/2015 4,891.87

GC 087141 0 0000005800 MET-ED 09/28/2015 12,698.58

GC 087142 0 0000005817 MID ATLANTIC PUMP & 09/28/2015 1,425.00

GC 087143 0 0000002669 MML GROUP LP 09/28/2015 105.00

GC 087144 0 0000004104 MONTAGE ENTERPRISES INC 09/28/2015 126.25

GC 087145 0 0000000144 NATIONAL CLEANERS 09/28/2015 252.76

GC 087146 0 0000002667 NATIONAL UNIFORM RENTALS 09/28/2015 575.25

GC 087147 0 0000002670 NICOLETTE MOTORS INC 09/28/2015 800.00

GC 087148 0 0000002588 NOVA PAINTING INC 09/28/2015 5,313.00

GC 087149 0 0000002631 OMNI-SITE.NET 09/28/2015 261.00

GC 087150 0 0000002085 PA TRUCK CENTERS INC 09/28/2015 216.30

GC 087151 0 0000000072 PENNSYLVANIA RECREATION AND PARK SOCIETY INC 09/28/2015 1,211.00

GC 087152 0 0000008133 PENNSYLVANIA-AMERICAN WATER COMPANY 09/28/2015 379.14

GC 087153 0 0000000180 PSATS CDL DRUG & ALCOHOL 09/28/2015 95.00

GC 087154 0 0000000898 RAY'S TIRE SERVICE INC 09/28/2015 1,406.69

GC 087155 0 0000002635 READING HOSPITAL 09/28/2015 374.00

GC 087156 0 0000000206 RUSCO HYDRAULICS INC 09/28/2015 1,985.65

GC 087157 0 0000006800 SCOTT REIDER INC 09/28/2015 139.72

GC 087158 0 0000009261 SEAN FULLERTON 09/28/2015 23.90

GC 087159 0 0000002608 SEAN STERN 09/28/2015 27.00

GC 087160 0 0000001236 SECURERX 09/28/2015 1,134.00

GC 087161 0 0000002078 .SERVICE ELECTRIC CABLE 09/28/2015 134.60

GC 087162 0 0000002376 SERVICE ELECTRIC TELEPHONE SECV 09/28/2015 1,085.26

GC 087163 0 0000000015 SIANA BELLWOAR & MC ANDREW LLP 09/28/2015 12,274.29

GC 087164 0 0000001866 SIRENNET.COM 09/28/2015 187.26

GC 087165 0 0000001191 STRATIX SYSTEMS 09/28/2015 357.60

GC 087166 0 0000001817 SUN TRUST EQUIPMENT FINANCE & LEASING CORP 09/28/2015 27,051.09

GC 087167 0 0000001415 TELCO INC 09/28/2015 155.70 01 (.0

CD

Date: 09/25/2015 Time: 10:46:14AM

Selective Check Register Exeter Township

Including all check statuses For Bank Id GC and Check Number from 087088 to 087179

User: NANCY Page: 3

BANK ID CHECK # STATUS VENDOR # VENDOR NAME CHECK DATE RECONCILE / VOID DATE

GC 087168 o 0000001719 THE PENNSYLVANIA STATE UNIVERSITY 09/28/2015

GC 087169 o 0000001053 THE SHERWIN WILLIAMS CO 09/28/2015

GC 087170 o 0000007993 UGI UTILITIES INC 09/28/2015

GC 087171 o 0000008118 UNITED DOCUMENT DESTRUCTION 09/28/2015

GC 087172 o 0000005831 UPS 09/28/2015

GC 087173 o 0000008074 VEN-MAR SALES INC 09/28/2015

GC 087174 o 0000000850 VERIZON 09/28/2015

GC 087175 o 0000002329 WALMART COMMUNITY BRC 09/28/2015

GC 087176 0 0000003750 WILLIAM R GIFT 09/28/2015

GC 087177 o 0000001238 WINDSTREAM 09/28/2015

GC 087178 O 0000000155 YEAGER SUPPLY INC 09/28/2015

GC 087179 O 0000002249 ZEE MEDICAL SERVICE CO #52 09/28/2015

Bank ID: GC Name: General Checking Checking Account #: 536364227 Bank ID Totals:

Report Totals:

AMOUNT

46.00 1,498.73

41.02 336.24 158.06 104.51

75.02 230.33

4,310.67 541.72 122.98 117.02

129,712.66

129,712.66

961.0el,

EXETER TOWNSHIP RESOLUTION #2015- I q

REGARDING MASTER LEASE WITH FULTON BANK, N.A.

WBEREAS, Exeter Township (the "Lessee") is a political subdivision of the Commonwealth of Pennsylvania (the "Commonwealth") and is duly organized and existing under the laws of the Commonwealth; and

WHEREAS, pursuant to applicable law, the governing body of the Lessee (the "Governing Body") is authorized to acquire, dispose of and encumber real and personal property, including, without limitation, rights and interests in property, leases and easements necessary to the functions or operations of the Lessee; and

WHEREAS, the Governing Body of the Lessee has determined that it is necessary and advisable to lease the following property: 2016 Mack GU812 Dump Truck with Plow and Salt Spreader, VIN 1M2AX30C4GM001646 (the "Leased Property"); and

WHEREAS, the Governing Body of the Lessee has determined that the costs of the Leased Property to be $171,609.00; and

WHEREAS, the Lessee desires to enter into a tax-exempt Master Lease Purchase Agreement (the "Lease Agreement") with FULTON BANK, N.A., as lessor (the "Lessor") to finance the costs of the Leased Property.

NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of Exeter Township as follows:

1. The Leased Property. The Lessee hereby authorizes and approves the acquisition of the Leased Property and does hereby ratify and confirm all action heretofore taken by officers and officials of the Lessee and others pursuant to direction of the Lessee in proceeding with the acquisition of the Leased Property. The Lessee shall proceed with the acquisition of the Leased Property and the necessary financing to fund the Leased Property and related costs and expenses.

2. Authorization and Approval of the Lease Affeement. The Lease Agreement, hereafter, including in such defined term all related documents therewith, each document substantially in the form presented at this meeting, are approved together with such changes as may be approved by the officers and officials of the Lessee executing the same, their execution to be deemed conclusive evidence of such approval.

Proper officers of the Lessee are authorized and directed, as applicable, to execute and acknowledge the Lease Agreement and to deliver the same to the Lessor for execution, in the form approved by this Section.

3. Annual Appropriations. The Lessee's payment obligations under the Lease Agreement shall constitute a current expense of Lessee subject to annual appropriation or renewal by the Governing Body and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional, statutory or charter limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the full faith and credit of Lessee.

4. Designation as "Qualified Tax-Exempt Obligations". The Lessee hereby designates the principal component of its payment obligations under the Lease Agreement in the amount of $171,609.00 as Qualified Tax-Exempt Obligations pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986, as amended, and the applicable regulations and rulings thereunder. The Lessee represents and expects that the total amount of its obligations so designated and to be designated during the current calendar year does not and will not exceed $10,000,000.

5. General Authorization. Proper officers and officials of the Lessee are authorized and directed to execritg- and deliver such documents (in addition to documents hereinbefore mentioned) and do such things as are required in connection with undertaking of the acquisition of the Leased Property, including payment of costs and

61

Name: Eva M. Waldman Title: Asst. Secretary

C— By: — Name: Troy S. Bingaman Title: Township Manager

expenses incurred in connection therewith, and as otherwise may be required to carry out the intent and purpose of this Resolution.

6. Effective Date. This Resolution shall become effective immediately.

7. Severabilitv. In the event any provisions, section, sentence, clause or part of this Resolution shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Resolution, it being the intent of Exeter Township that such remainder shall be and shall remain in force and effect.

8. Repealer. All resolutions or parts of resolutions inconsistent herewith are expressly repealed to the extent of such inconsistencies.

DULY ADOPTED, by the Governing Body of Exeter Township, this 28th day of September, 2015.

ATTEST: Exeter Township

62

. [SEAL]

EXETER TOWNSHIP RESOLUTION #2015- .2()

BE AND IT IS HEREBY RESOLVED by the Board of Supervisors of Exeter Township, Berks County, Pennsylvania, that the roads set forth on Exhibit "A", attached hereto and made a part hereof, be and are hereby accepted into the Exeter Township road system, in accordance with Deeds of Dedication recorded in the office of the Recorder of Deeds of Berks County, Pennsylvania, previous motions, ordinances, petitions or maintenance by the Township, as applicable.

BE IT FURTHER RESOLVED that a copy of this Resolution, together with plot plans for said roads, be filed in the office of the Clerk of Quarter Sessions of Berks County, by the Township Solicitor and that the Township Manager apply to Penn DOT for placement of eligible roads on the liquid fuels tax list.

This Resolution is effective September 29, 2015 and it is acknowledged by the Board of Supervisors that the same has been executed for the purpose herein contained.

Passed the 28th day of September 2015.

EXETER TOWNSHIP BOARD OF SUPERVISORS

63

BY

Attest:

Secretary

I, Troy S. Bingaman, Secretary of the Township of Exeter, Berks County, hereby certify that the foregoing is a true and correct copy of a Resolution adopted at a meeting of the Board of Supervisors of Exeter Township held September 28, 2015.

EXHIBIT "A"

Road Beginning Point

Ending Point Length (Feet)

Length (Miles)

Right- Of-Way Width

Cartway Width

Comments

Philip Ave. Alice Drive Philip Avenue Cul-de-sac

557.5' .106 54' 34'

TOTAL MILES

.106

_%, C.0 CD --1

64

LOT 42

R/017,7*f `0,e•

Planning Better Communities for Today's Lifestyle.

EXHIBIT A

65

So,

C., 2

/

411,44f4.0 ,j1:1 4/1/0

4/414..

thy,. ,

/ 0 >

FORINO CO., LP. R.B.V. 4911, P. 9

LOT <-0 40

cz LOT 41

N/L ELMER W. MULLEN AND CECEUA S. MULLEN, H/W

D.B.V. 1290, P. 592 D.B.V. 1323, P. 326

LOT 49

LOT 43

BEING PART OF THE SAME PROPERTY WHICH LINCOLN NURSERY CORP., EXETER ASSOCIATES, INC. AND B.G.D.J. CORP. GRANTED AND CONVEYED TO FORINO CO., L.P. BY DEED DATED JUNE 28, 2006 AND RECORDED JUNE 29, 2006 IN RECORD BOOK VOLUME 4911, PAGE I, BERKS COUNTY RECORDS.

DATA SHOWN HEREON IS TAKEN FROM THE FINAL PLAN REVISION TO FAIRVIEW PARK 11 PREPARED BY STACHOUSE BENSINGER, INC. (PLAN NO. 2120-025—D-1.1, DATED JUNE 15, 2004 AND LAST REVISED APRIL 3, 2006), RECORDED JUNE 29, 2006 IN PLAN BOOK VOLUME 303, PAGE 229, BERKS COUNTY RECORDS.

AREA OF DEDICATION — 36,416 SQ.FT =0.836 ACRES

LENGTH OF DEDICATION — 557.50 FEET=0.106 MILES

PAGE I OF 2 • — DENOTES A MONUMENT TO BE SET DWG: \ FAIFMEW PARK IPbflIip Ave.

FILE NAME: FAIR—SITE DRAWN BY: BC CHECK BY: MD. BK.: NONE SCALE: I. 80' DATE: 01/22/2008

PLAN NO.: FAIR —#10

PHILP sHAr/gUE TO BE DEDICATED TO

EXETER TOWNSHIP LOCATED WITHIN THE SUBDIVISION OF

REVISION TO FAIRVIEW PARK II EXETER TOWNSHIP, BERKS COUNTY, PENNSYLVANIA

FORINO CO., L.P. 555 MOUNTAIN HOME ROAD * SINSING SPRING, PA. 19608

OFFICE 610-670-2200 *FAX 610-670-2608

LOT

LOT 44

LOT 45

LOT 43

LOT 46

Plarming Ektter Communities for Today's lifestyle.

EXHIBIT A

66

ERIMETER DESCRIPTION OF PHILLIP AVENUE DEDICATION LINE CHORD BEARING CHORD/DIST RADIUS DELTA . ARC TANGENT LI S 66°17'58" E 10.47' L2 S 22°20'28" W 21.86' CI S 21°54'42" E 41.87' 30.00' 88°30'19" 46.34' 29.23' L3 S 66°09'52" E 56.10' C2 S 57°22'27" E 54.10' 177.00' 17°34'50" 54.31' 27.37' L4 S 48°35'02" E 106.10' C3 S 5724'33" E 37.74' 123.00' 17°39'02" 37.89' 19.10' L5 S 66°14'04" E 134.80' C4 N 70°24' 13" E 13.73' 10.00' 86°43'27" 15.14' 9.44' C5 S 19°35'47" E 87.24' 60.00' 266°43'27" 279.31' L6 N 6614'04" W 204.69' C6 N 57°24'33" W 54.31' 177.00' 17°39'02" 54.53' 27.48' L7 N 48°35'02" W 106.10' C7 N 57°22'27" W 37.59' 123.00' 17°34'50" 37.74' 19.02' L8 N 66°09'52" W 93.21' L9 N 21°4202" E 105.1 I '

- DENOTES A MONUMENT TO BE SET PAGE 2 OF 2 DWG: \FAIRVIEW PARK II\Phillip Ave. FILE NAME: F61R-SITE

DRAWN BY: BC

CHECK BY:

FLD. BK.: NONE SCALE: I" 80'

DATE: 01/22/2008

PLAN NO.: FAIR-# 10

PHILIPPLAN

SHOWINGAVENUE

TO BE DEDICATED TO EXETER TOWNSHIP

LOCATED WITHIN THE SUBONISON OF

REVISION TO FAIRVIEW PARK II EXETER TOWNSHIP, BERKS COUNlY, PENNSYLVANIA

FORINO CO:, L.P. 555 MOUNTAIN HOME ROAD * SINKING SPRING, PA 19608

OFFICE 610-670-2200 * FAX 610-670-2608