BOARD MEMBERS PRESENT:
Norman Vutz, Chair; Barbara Cohen, Vice-Chair; Lee Ledbetter; Jim Morrisson, Laurie Williams;
William Brennan, Township Solicitor.
John Sartor, Township Engineer, was excused from this meeting by the Board as there were no agenda items requiring his attention.
Also present: Rick Beittel, Jr., Fire Chief; Mary Bird, Township Manager; Nick Cinciripino, Roadmaster; Jim Fetterman, Chief of Police; Steve Frasch, Environmental Advisory Council; Fred Honigman, Emergency Operations Center; Bob Mauch, Open Space Committee; Galloway Morris, Zoning Hearing Board; Lowell Carson and Richard Loughery of the Board of Auditors.
Six (6) Township residents were present.
7:30 PM
Called to Order
Pledge of Allegiance
It was reported that property acquisition and litigation matters were discussed during the Executive Session held on Thursday, March 5, 2009 at the Schuylkill Township Building.
PUBLIC PARTICIPATION: Mr. Peter Mecuri, President, Pickering Glen Homeowners Association, updated the Board regarding certain private disputes and on-going litigation matters between the Pickering Glen HOA and Pulte Homes.
Mr. Adam Charnley, 403 Picket Post Lane, asked the Board about the status of the City Switch communications tower matter. With the Board’s permission, Mr. Brennan presented a brief summary. Schuylkill Township filed suit in Chester County Court which was removed to federal court and resulted in a mediation being called. The mediation is scheduled for next week, Tuesday, April 7. If the case is resolved through mediation, an announcement will be made. If not, the case will proceed in court and the Township’s options will be weighed. Mr. Brennan stated that details about strategy should not be discussed in a public meeting. Discussion ensued regarding the Philadelphia Inquirer article regarding this matter. Ms. Tina Handforth, 344 Drummers Lane, asked what actions could be taken by the homeowners of the Meadows at Valley Forge to block the installation of the City Switch tower next to their development. Mr. Brennan stated that nothing could be done at this stage; the submission of the Meadows at Valley Forge Homeowners Association petition signed by a majority of the homeowners in the development was the only useful action by the homeowners at this time.
ANNOUNCEMENTS: Mrs. Cohen thanked Ms. Bird, Township Manager, for her assistance with the Heritage Center program planning. Mrs. Cohen announced that Dr. Dan Mortensen of the Valley Forge Christian College will present a history of the Valley Forge Army Hospital on Thursday, May 7, 2009.
7:45 PM
Approval of the Minutes of March 4, 2009 Regular Board of Supervisors Meeting.
Moved: Cohen Second: Vutz Approval: Unanimous
Mrs. Williams again stated her objections to the Board decision to cease the audio recording of the Board of Supervisors’ meetings and asked Mr. Brennan what information he had from other municipalities on the taping of meetings. Mr. Brennan responded that there is no hard and fast rule; some municipalities record meetings and some do not. Mr. Brennan continued by saying the Second Class Township Code has little to say on the subject. Mr. Brennan added that, if meetings are recorded by consensus of the Board, then the recordings must be maintained in accordance with Pennsylvania’s Open Records requirements. Some discussion ensued with the final consensus of the Board being to uphold the previous vote to cease audio recordings of the Board meetings.
Approval of the Treasurer’s Report as of March 31, 2009 as read with a total of $2,790,859.34 in various Township accounts.
Moved: Vutz Second: Williams Approval: Unanimous
Resolution #2009-09 Repository of Funds: The Board of Supervisors authorizes the Township Manager to place the Township funds in the repositories named in the resolution until such time as the Board of Supervisors wishes to move the funds to other repositories:
Moved: Morrisson Second: Williams Approval: Unanimous
Mr. Lowell Carson and Mr. Richard Loughery presented the 2008 Auditors’ Report to the Board. The Board of Auditors examined the Schuylkill Township records of revenues and expenditures for the year 2008 and found that they fairly represent the financial position of the Township. Mr. Carson and Mr. Loughery complimented the Township Manager and Township office staff on the overall performance of their duties, and their cooperation with the audit process. A motion to approve the 2008 Auditors’ Report for Schuylkill Township was made.
Moved: Vutz Second: Williams Approval: Unanimous
Mr. Morrisson asked about putting a plan in place to implement recommendations made by the Board of Auditors in the 2008 Auditors Report. Ms. Cohen stated she, along with the Township Manager, would meet with the Board of Auditors to discuss the recommendations and procedures to implement those recommendations.
Approval of Payment of Township Bills as presented on the Statement of Expenditures, Encumbrances & Appropriations for Period Ending March 31, 2009.
Moved: Vutz Second: Ledbetter Approval: Unanimous
Clothier Springs Road Culvert Replacement, Passerini Construction, Inc. Payment Request No. 1. Upon the recommendation of Gilmore & Associates, Inc., the Board authorizes the payment of $18,855.00 to Passerini Construction, Inc.
Moved: Cohen Second: Williams Approval: Unanimous
8:15 PM
POSTED
POSTED
3-Way Stop Sign at S. White Horse & Ashenfelter Roads. Chief Fetterman does not recommend installing the 3-way stop sign; PennDOT must be involved and in the past their opinion was opposed to the installation. Ms. Bird stated that Charlestown Township had requested that a joint letter from Schuylkill and Charlestown Townships be sent to PennDOT requesting the installation. After some discussion, Mr. Ledbetter reminded the Board that they were not traffic experts and that PennDOT has the final say. Mr. Ledbetter recommended that the Township Manager contact Charlestown Township stating that Schuylkill Township has no strong opinion on this matter and will abide by PennDOT’s decision. The Board concurred and instructed the Township Manger to do so.
2005 Ford Crown Victoria Police Car Bid Opening The following bids were received and opened by the Board.
| Bay Ridge Motors, Staten Island, NY | $2,389.00 |
| Grace Quality Used Cars, Inc., Morrisville, PA | $3,348.00 |
| Police Car Store, LLC (d/b/a PCS Auto Sales), Bala Cynwyd, PA | $3,600.00 |
| Rogers Auto Sales, Rogers, OH | $1,685.00 |
A motion to accept the Police Car Store, LLC bid of $3,600.00 was made and approved as follows:
Moved: Cohen Second: Ledbetter Approval: Unanimous
Service Increments. A request was presented to the Board by pension plan members to increase the benefit level for service increments beyond the current limit of $100.00 after 26 years of service to an additional $100.00 each for years 27 through 30; allowing for a service increment totaling $500.00 after completion of 30 years of employment. Mrs. Williams asked if these service increments were funded by the Township. The Township Manager informed her that these service increments are funded by deductions from employees’ salaries. A motion to approve the increase in benefit level for service increments as stated above was made.
Moved: Cohen Second: Williams Approval: Unanimous
POSTED
The Township roads inspection for the 2009 paving season is scheduled for Saturday, April 18, 2009.
POSTED
Tom Cole Firefighter of the Month
POSTED
POSTED
Mr. Honigman mentioned the Introduction to Disaster Training scheduled for Saturday, April 25, 2009 at the Township Building from 9:00 a.m. – 12:00 p.m. The training is sponsored by SEPA VOAD (Southeastern Pennsylvania Voluntary Organizations Active in Disaster) and participants are eligible for all other programs run by SEPA VOAD. Mr. Ledbetter questioned Mr. Honigman on the Special Needs Registry efforts and whether Mr. Honigman felt the Township was still underreporting. Mr. Honigman replied that, in his opinion, the Township was underreporting but, due to other commitments, he has not had time to gear up his efforts in that area. Mr. Ledbetter suggested that perhaps Mr. Honigman could contact and coordinate his efforts regarding the special needs registry with surrounding municipalities’ emergency management officials.
POSTED
POSTED
A meeting is scheduled for Tuesday, April 14, 2009 at 7:30 p.m. in the Schuylkill Township Building for two residential applications.
A meeting is scheduled for Tuesday, April 21, 2009 at 7:30 p.m. in the Schuylkill Township Building for a permitted use exception hearing.
POSTED
POSTED.
The next meeting is Monday, April 20, 2009 at 7:00 p.m. in the Schuylkill Township Building
Approval of Request for Proposals (RFP) for Historic Preservation Consultant. The Historic Commission petitioned the Board for approval to issue a RFP. Discussion ensued regarding the number of consultants (120) targeted for the RFP mailing list. A motion to approve the issuance of the RFP contingent upon the Township Manager and Historical Commission winnowing the recipient list down to a reasonable number was made.
Moved: Ledbetter Second: Cohen Approval: Unanimous
POSTED.
The next meeting is Tuesday, April 28, 2009 at 7:30 p.m. in the Schuylkill Township Building
SALDO Native Plant List Ordinance. Mr. Steve Frasch of the EAC updated the Board on the progress of the draft Native Plant List ordinance. Mr. Brennan clarified for the Board the steps required prior to the ordinance being adopted by Schuylkill Township. The ordinance must be reviewed by both the Schuylkill Township and Chester County Planning Commissions. The Chester County Planning Commission has forty-five (45) days to review and rule on the ordinance. If approved by both Planning Commissions, the new ordinance may be advertised and scheduled for a public hearing.
A motion was made to forward the SALDO Native Plant List Ordinance to the respective planning commissions and, upon approval by said commissions, to advertise and schedule for a public hearing at the June 3, 2009 Board of Supervisors Regular Meeting.
Moved: Ledbetter Second: Vutz Approval: Unanimous
Pennsylvania Department of Environmental Protection (PA DEP) Response Letter-Exceptional Value Wetlands Pickering Reservoir. The Board discussed a response to PA DEP’s March 26, 2009 correspondence reiterating the PA DEP’s ruling that the Pickering Reservoir wetlands are not considered exceptional value under the applicable criteria in their regulations at 25 Pa. Code Section 105.17(1)(iv).
A motion was made that the Board reply to the PA DEP March 26, 2009 letter respectfully rejecting the PA DEP’s assertion that the subject wetlands do not satisfy the applicable criteria for exceptional value wetlands and repeating Schuylkill Township’s requests that the PA DEP (A) make a formal determination regarding the exceptional value nature of the wetlands along the Pickering Reservoir in light of the regulatory definition at 25 Pa. Code Section 105(1)(iv), and (B) revoke the registration of the General Permits received on November 21, 2007 by the PA DEP Southeast Regional Office and require review of this project under an Individual Chapter 105 Permit Application.
Moved: Ledbetter Second: Cohen Approval: Unanimous
Public Trail Upkeep. On a non-agenda item, Mr. Ledbetter reported to the Board that he, Mr. Ian Plant and Mr. Jerry O’Dell of the EAC, and Mr. Kahlil Hihi of theHC, walked the Fernleigh and Valley Forge Woods trail and found it in generally good condition. However, Mr. Ledbetter informed the Board that on the Valley Forge Woods side of the trail, there appears to be some encroachment on the trail by homeowners. Mr. Ledbetter requested that the Township Manager send letters to the pertinent households explaining the right-of-way of the trails and that the Township has and expects full access to the trail right-of-way. Mr. Ledbetter then reported that the trail near the Aquilante property has been marked as private property. Mr. Ledbetter requested that the EAC and HC bring forward their signage themes and use EAC signs to mark the trail and remove any signage indicating that trails are private property.
Mr. Ledbetter made a recommendation to the Board that these trail walks be undertaken on a regular basis to ensure that access to the public trails system in Schuylkill Township is maintained as intended.
POSTED.
The next meeting is Monday, April 27, 2009 at 7:30 p.m. in the Schuylkill Township Building.
Pennsylvania Department of Conservation and Natural Resources (DCNR) Grant Resolution #1 for Open Space Acquisition. Mr. Bob Mauch, OSC Chair, petitioned the Board for approval to submit a grant application to the DCNR for the fee simple purchase of certain properties in the Township. Following a discussion on the grant process, a motion was made to approve the filing of the first DCNR grant application for the purchase of certain properties within Schuylkill Township.
Moved: Ledbetter Second: Vutz Unanimous Ledbetter, Morrisson, Vutz
Dissent: Williams Abstain: Cohen
DCNR Grant Resolution #2 for Open Space Acquisition. Mr. Mauch presented a second petition to the Board for approval to release funds to conduct an appraisal of an unnamed property and to then submit a second grant application to the DCNR for the fee simple purchase of said property in the Township. Discussion ensued regarding the stage of the negotiations with the landowner, the desirability of maintaining the unnamed property as open space, the grant deadlines and the advisability of submitting multiple grants simultaneously.
A motion was made to approve the release of funds to conduct the appraisal of an unnamed property and to then submit a grant application to the DCNR for the fee simple purchase of said property in the Township.
Moved: Williams Second: Vutz Unanimous Ledbetter, Vutz
Dissent: Cohen, Morrisson, Williams
The motion did not carry.
Open Space Consultants. To be discussed in executive session.
Open Space Map. Mr. Ledbetter requested that this item be on the agenda for the May 6, 2009 Board of Supervisors Regular Meeting.
Nothing to report.
POSTED.
The next meeting is Wednesday, April 15, 2009 at 7:30 p.m. in the Schuylkill Township Building.
Mr. Ledbetter gave a synopsis of the results of the Joint Meeting of the Schuylkill and Charlestown Townships’ Planning Commissions held on March 19, 2009.
Mr. Vutz reported that there is no labor settlement as yet. The Valley Forge Sewer Authority’s expansion plans have been approved by the PA DEP.
Nothing to report.
Mrs. Cohen reported that the Valley Forge TMA meeting held at Schuylkill Township in March where the Rte. 422/R6 Extension plans were reviewed. Over thirty representatives from regional municipalities attended.
The next meeting will be held on Wednesday, April 29, 2009 in the Schuylkill Township Building. Mr. Morrisson reminded the Board that the PRPC consistency review consultants, Kise Straw Kolodner, will appear before the Schuylkill Township Planning Commission on April 15, 2009.
Wawa – Declaration of Condominium. Mr. Michael Gill, Esq. of Buckley, Brion, McGuire, Morris & Sommer LLP, representing Wawa, Inc. (“Wawa”) was recognized by the Chair. Mr. Gill stated that the reason he was appearing before the Board was due to the January 15, 2009 Commonwealth Court publication of its opinion in Frank N. Shaffer Family Ltd. P’ship., et al. v. Zoning Hearing Bd. Of Chanceford Tp., et al, 629 CD 2008, petition for alloc. filed, 766 MAL 2008 (Pa. Nov, 2008) and its impact on property owners/developers who create certain types of units and adherence to municipal subdivision regulations. In order that Wawa can record its Declaration of Condominium, Mr. Gill petitioned that the Board approve a resolution to confirm that the Boards’ December 20, 2007 Final Land Development Approval for the property situated at Kimberton Road and Nutt Road in Schuylkill Township encompasses the creation by Wawa of a condominium regime at the subject property.
A motion was made to approve Resolution No. 2009-12 confirming the scope of final land development approval heretofore granted to Wawa, Inc., a New Jersey Corporation.
Moved: Ledbetter Second: Cohen Approval: Unanimous
Litigation Updates. Mr. Brennan updated the Board on the following litigation matters:
Levin. The trial has been postponed to May 15, 2009
Higby. Waiting for a decision from Pennsylvania Supreme Court.
Pulte. Depositions to be scheduled in April, 2009
City Switch. Mediation taking place on April 7, 2009
Polling Locations in Schuylkill Township. Mr. Brennan outlined to the Board the information he received from Chester County Voter Services regarding the set-up of a new election district. He said there are several steps to the process and the Board would have to move quickly to effectuate any change by this election.
The consensus of the Board was that time was needed to review what needs to be done and decided on the following course of action: (1) the Board will take the necessary steps to make Schuylkill School a polling location for this election, and (2) then explore the creation of a new election district. The Board requested that the Township Manager contact the Phoenixville Area School District as a first step in this process.
10:35 PM
CLOMAR/FEMA Form. Mr. Robert Ratoskey, in partnership with Delaware Valley Paving for a proposed development at 330 Pawling Road (former American Inks & Coating property), petitioned the Board to sign the amended Community Acknowledgement Form (FEMA CLOMR-F). Mr. Brennan reviewed the modifications to the Community Acknowledgement Form (FEMA CLOMR-F) as discussed by the Board at the February 4, 2009 meeting. The modifications to the language in the form indicate that Schuylkill Township cannot make a determination if all floodplain requirements have been met and Mr. Brennan’s opinion is that the changes are legally acceptable and factually accurate. A motion was made to approve the signing of the Community Acknowledgement Form (FEMA CLOMR-F) as amended.
Moved: Ledbetter Second: Cohen Approval: Unanimous
Mrs. Williams questioned Mr. Ratoskey about demolition of buildings on the 330 Pawling Road property and requested he contact the Township Zoning Officer regarding necessary permits.
10:42 PM
DCNR Planning Grant Resolution No. 2009-11. Ms. Cohen gave a brief synopsis of the purpose of the grant application. $200,000 is being requested for the design work on Phase II of the Operation Safe Kids to School Trail which will extend from the terminus of Phase I to the Historic Schuylkill School. The Board discussed various aspects of the trail design and the need for an easement from the YMCA. A motion was made to approve the DCNR Planning Grant Resolution No. 2009-11 for the purpose of obtaining funding for the design work on that portion of the Toonerville Trolley Trail which encompasses Phase II of the Operations Safe Kids to School Trail.
Moved: Ledbetter Second: Cohen Approval: Cohen, Ledbetter, Morrisson, Vutz Dissent: Williams
Ordinance No. 2009-02 – Governing Municipal Management of Sewage Disposal Facilities. The Board briefly discussed the nuances of this ordinance, the purpose of which is to provide for the regulation, inspection, maintenance and rehabilitation of on-lot sewage disposal systems, community sewage systems, and small flow treatment systems, to further permit intervention in situations which may constitute a public nuisance or hazard to the public health; and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program. The Township Manager informed the Board that the ordinance language has been reviewed and approved by the Chester County Health Department. A motion was made to approve Ordinance No. 2009-02.
Moved: Ledbetter Second: Williams Approval: Unanimous
10:46 PM
As a non-agenda item, Mrs. Williams presented to the Board a Request for Qualifications (RFQ), authored by her, which she would like sent to area engineering firms. Mrs. Williams asked Board members to review the RFQ and submit their comments to her by April 20, 2009. Mr. Vutz replied that her request presupposes that the Board of Supervisors wishes to issue an Engineering RFQ and that no decision to do so had been made by the Board. Certain members of the Board expressed satisfaction with the present Township Engineer, Gilmore & Associates. No action was taken by the Board on this item.
10:50 PM
Mrs. Cohen updated the Board on her March meeting with members of the Phoenixville Area School District (PASD), Mrs. Deb Dawson-School Board, Dr. Frank Garritano-Principal, Schuylkill Elementary, Dr. Terry Mancini-Acting Superintendent, and Mr. Keith Wickstrom-School Board, regarding the Historic Schuylkill School. Mrs. Cohen reported that items discussed at this meeting were the issues regarding the reuse of the Historic Schuylkill School, the possibility of a referendum being held for community consensus, and the possibility of jointly sponsoring a public meeting in order to present all the information on the condition of the building and options available on its reuse. Mrs. Cohen informed the Board that she would be attending the PASD Building and Grounds Committee meeting to discuss setting a date for the public meeting(s).
The Township Manager informed the Board that she had contacted Chester County Voter Services regarding holding a referendum on the saving of the Historic Schuylkill School building. According to Chester County Voter Services, saving the building would not be applicable for the ballot and a referendum is not possible.
Mr. Ledbetter made a motion to convene an Executive Session to discuss land acquisitions.
Moved: Ledbetter Second: Vutz Approval: Unanimous
The Board reconvened the regular meeting. Mr. Vutz reported that open space land acquisitions had been discussed.
There being no further business for discussion, a motion to adjourn was approved as follows:
Moved: Vutz Second: Ledbetter Approval: Unanimous
Respectfully submitted,
Madeline M. Harbison
Assistant Township Secretary