MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: August 4, 2010

BOARD MEMBERS PRESENT:

Barbara Cohen-Chair, Norman Vutz-Vice Chair, Jim Morrisson, Fred Parry, Laurie Williams

Also present: 
Mary Bird-Township Manager, William Brennan-Township Solicitor, John Sartor-Township Engineer, Jim Fetterman-Chief of Police, Madeline Harbison-Township Secretary

CALL TO ORDER

The public meeting was called to order by Barbara Cohen at 7:30 PM

Pledge of Allegiance

ANNOUNCEMENTS :

Mrs. Cohen welcomed Pennsylvania State Representative Paul Drucker to the meeting.

Mrs. Cohen invited residents to attend a presentation on “Railroads of Valley Forge” at the Heritage Center on September 9.

PUBLIC PARTICIPATION :

Mr. Peter Mercuri, President-Pickering Glen Homeowners’ Association (“HOA”).  Mr. Mercuri reported that the sidewalk repairs in Pickering Glen were completed and that the HOA was preparing for paving of the walking trail.  Mr. Mercuri asked for clarification on what was needed to proceed with what the HOA considers its portion of the trail.  Mr. Brennan questioned Mr. Mercuri on this.  Mr. Mercuri responded that in light of on-going litigation matters with neighboring property containing part of the trail, the HOA wanted direction from the Township on its paving plans and drainage issues.  Mr. Brennan requested that Mr. Mercuri send an email with details.

CONSENT AGENDA

  • Approval of Minutes of July 7, 2010 Regular Board of Supervisors Meeting. 
  • Approval of Treasurer’s Report for Period Ending July 31, 2010
  • Approval of Payment of Township Bills for Period Ending June 31, 2010
  • Acceptance of Department, Committee, Commission and Council Reports as posted and received by the Board of Supervisors.

    • Motion to approve Consent Agenda:   Mrs. Williams moved to accept the Consent Agenda; Mr. Vutz seconded.

    Motion Vote: The motion passed 5-0-0.

BOARD DISCUSSION ITEMS

  • Old Business
    • 1930 Schuylkill School

      Mrs. Cohen opened the floor to residents’ comments on this agenda item.

      • Mr. John Beatty, 1338 Patrick Henry Drive.  Mr. Beatty stated that, in his opinion, the issue of saving the 1930 Schuylkill School has been going on too long and he, as a resident of more than forty-two years, was offended that his tax money is or may be going to legal fees in this matter.
      • Mr. Steven Gowman, 214 N. Norris Avenue.  Mr. Gowman mentioned he has been a resident of the township since 1971 and he has fond memories of the 1930 Schuylkill School as his three sons went there.  But, Mr. Gowman went on to say, he feels it to be a waste of resources to redeem a building that is past its time and that it should be taken down.
      • Mrs. Sandy Momyer, Chair-Schuylkill Township Historical Commission (“HC”).  Mrs. Momyer read a prepared written statement in which she reiterated the mission statement of the HC and outlined the HC’s objections to the demolition of the 1930 Schuylkill School.  Mrs. Momyer’s written statement was presented to the Township Secretary for inclusion in the minutes and is incorporated herein by reference.
      • Mrs. Mary Myer, 45 S. Forge Manor Drive.  Mrs. Myer shared her experience as a teacher and parent of students at the 1930 Schuylkill School and the health problems perceived to be a direct result of the condition of the building.  Mrs. Myers said that the effort to save the school dates back to 2002 and, at that time, the expectation was that everything would be taken care of by grants and/or private donations; none of which materialized.  Mrs. Myers stated her opinion that it was time to move forward and taxpayers' money should not be spent on this project and the school should be torn down.
      • Mr. John Gregory, member HC.  Mr. Gregory stated his opinion that it was improper to vote on a demolition waiver at this time because it does not recognize the status of the building possibly being eligible for the National Register of Historic Buildings and, additionally, there was no hearing before the HC on the requested demolition.
      • Dr. Alan D. Fegley, Superintendent of Schools, Phoenixville Area School District (“PASD”).  Dr. Fegley introduced himself to the BOS and residents.  He thanked everyone involved with this issue who tried to bring it to resolution.  Dr. Fegley went on to say that PASD does recognize the historic nature of the building and the fact of possible eligibility for the historic registry.  Dr. Fegley stated that PASD also recognizes the significant cost for renovation of the old building and, in today’s economic climate, cannot foresee money coming in for saving the school.  Dr. Fegley informed the BOS that to honor the school’s history, PASD was offering to place a twenty foot wide by nine foot high (20’ x 9’) “remembrance wall” at the gym entrance of Schuylkill Elementary School.  The BOS, or their designated agent(s), would pick representative artifacts to place on the wall.  Further, PASD is willing to set up a fund of about two thousand dollars ($2,000.00) to go towards preserving historic photos and archival materials to place on the remembrance wall. 
      • Dr. Fegley went on to address some barriers to adaptive reuse of the 1930 Schuylkill School, one being the Department of Education space requirements per student.  Fifty-eight square feet (58 sf) per student is needed; the two building concept would only allow eight hundred square feet (800 sf) of usable space in total.  This means space for no more than eight to ten (8-10) students – the only classes that small are special needs and schools cannot legally segregate those students.  Dr. Fegley closed by respectfully asking the BOS for a vote on demolition and waiver and stating how he and the PASD board are looking forward to working with the township on the creation of the remembrance wall.

      Motion.  Mrs. Williams moved to approve Resolution No. 2010-19 granting an exemption to Phoenixville Area School District pursuant to § 906 of the Schuylkill Township Zoning Ordinance to allow the demolition of the Schuylkill School with the stipulation that the PASD set up a fund of two thousand dollars ($2,000.00) for the use of the township HC in the development of a historic area in the new Schuylkill Elementary School building to preserve the history of the 1930 Schuylkill School.  Mr. Parry seconded.

      Mr. Parry commented that the taxpayers have spoken; the Board has to move forward.

      Mr. Robert Mauch, Chair-Schuylkill Township Open Space Committee, was recognized.  Mr. Mauch asked the Township Solicitor if this vote was unlawful in light of Mr. Gregory’s comment about no hearing taking place before the HC.  Mr. Brennan responded that it is lawfully authorized under Section 906 of the Schuylkill Township Zoning Ordinance, “EXEMPTIONS.  Upon request by an applicant, the Township Supervisors may deem that one or more provisions of this Article are not applicable and shall not be required for a particular application”

      Mr. Vutz said that he is in favor of action if it would settle things.  For the benefit of meeting attendees, Mr. Vutz read Resolution 2010-19 in its entirety.

      Mr. Vutz questioned the Township Solicitor on the wording of the resolution, specifically, Paragraph 1.a. pertaining to the two thousand dollar ($2,000.00) assessment to be paid by PASD.  Mr. Vutz asked if it was a fine, a blanket payment to the HC, or was it restricted  for use on the Schuylkill School remembrance wall.  Mr. Brennan responded that it was not a fine or a blanket payment.  As presently written, it was solely for the use of the remembrance wall.

      Mrs. Cohen made a statement regarding her involvement in the effort to save Schuylkill School starting with her election to the BOS in 2007.  She summarized the different concepts drawn up for adaptive reuse of the building and the fact that the anticipated funding never materialized, either through grants or private donations.  Mrs. Cohen commented that Schuylkill Township alone could not save the 1930 Schuylkill School; there was no consensus from the community and the owner of the building.  Mrs. Cohen then added that she would like Resolution 2010-19 amended to include a firm completion date for the demolition of the school and installation of the remembrance wall.

      Mr. Vutz made a point of order; that there was a motion to approve Resolution 2010-19 as written, Mrs. Cohen had a proposed amendment and he wished to make an amendment also.

      Motion.  Mrs. Cohen moved to include in Resolution 2010-19 a defined completion date for the demolition of the 1930 Schuylkill School and the installation of the remembrance wall in the Schuylkill Elementary School.  The motion was not seconded.

      Motion.  Mrs. Cohen moved to include a stipulation in Resolution 2010-19 that the cupola from the 1930 Schuylkill School will be conserved by the PASD and appropriately displayed in a location to be approved by the Township and Historical Commission on Schuylkill Elementary School property.  Mr. Morrisson seconded.

      Motion Vote .  The motion to amend Resolution 2010-19 to include conservation and placement of the cupola did not pass 1-4-0.

      Motion.  Mr. Vutz moved to amend Paragraph 1.a. of Resolution 2010-19 by adding “Any unused funds shall be retained by the Schuylkill Township Historical Commission to be used as they see fit for Historic Preservation within the Township.”  Mr. Parry seconded.

      Motion Vote .  The motion to amend Resolution 2010-19 regarding unused portions of the $2,000.00 paid by PASD passed 5-0-0.

      Mr. Ron Kalyan, Fox Rothschild LLP, attorney for PASD was recognized by the Chair.  Mr. Kalyan asked if, in recognition of Mrs. Cohen’s concerns about the timeliness of demolition and installation of the historic wall, the BOS would consider adding language along the lines of “PASD will act in good faith, with reasonable dispatch and promptness, to both complete the demolition of the school building and to establish the historic remembrance wall.”

      Motion.  Mr. Vutz moved to include a stipulation to be included in Resolution 2010-19 as Paragraph 1.b. “The Phoenixville Area School District shall act promptly, reasonably and in good faith to complete the demolition of the 1930 Schuylkill School and complete the development of the historic wall of remembrance of the school within the current Schuylkill Elementary School building.”   Mrs. Cohen seconded.

      Motion Vote .  The motion to amend Resolution 2010-19 with the addition of good faith language regarding demolition and installation of the historic remembrance wall passed 5-0-0.

      Motion Vote .  The motion to approve Resolution 2010-19 passed 5-0-0.

Mr. John Sartor arrived.

    • Freedom Valley YMCA Trail Easement
      • Item tabled
  • New Business
    • Discussion of Soccer League use of Open Space behind Township Building
      • Mrs. Bird informed the BOS that she had discussed with the township’s insurance carrier Mrs. Williams’ request to allow a local youth soccer league to use the field behind the township building for practice. She said the carrier had concerns about allowing this use due to the fact that this is the ingress/egress for the township police department and the working area for all police vehicles.  Mrs. Bird went on to point out other concerns about allowing this use, namely, no parking available, no lighting and no sanitary facilities as well as the question of maintenance of the grounds.  Mrs. Cohen added that the question of who would be responsible for the safety of the children and maintenance such as grounds keeping, trash pickup, etc. should be answered prior to any permission being given for use.  Mrs. Williams responded that after inspecting the township field, the league concluded that there was a goose problem and they would look elsewhere.
    • Motion to adopt the historic structure survey as completed by Wise Preservation Planning.
      • Mrs. Momyer petitioned the BOS to withdraw this item   The HC has concluded that additional review is required prior to consideration by the BOS.  The Board agreed to table this item for further review by the HC.
    • Sue Ellen Master Subdivision – 5-lot subdivision at 100 Ferry Lane, Received conditional approval in 2006.  Discussion
      • It was noted that Ms. Sue Ellen Master was not present nor was any agent present on her behalf.   Discussion of this agenda item is deferred to some future date.
    • Motion to accept the 2011 Financial Requirement and Minimum Municipal Obligation report for both the Police and Non-Uniform Pension Plans.

      Motion.   Mrs. Williams moved to accept the 2011 Financial Requirement and Minimum Municipal Obligation report for both the Police and Non-Uniform Pension Plans as presented to the Board of Supervisors in Thomas J. Anderson & Associates, Inc.’s correspondence dated July 26, 2010.  Mrs. Cohen seconded.

      Motion Vote .  The motion passed 5-0-0.

    • Motion to advertise 2007 Crown Victoria Police Car, as is.

      Motion.   Mrs. Williams moved to authorize advertising for sale a township 2007 Crown Victoria Police Car, as is.  Mr. Vutz seconded.

      Motion Vote .  The motion passed 5-0-0.

    • Legal Matters
      • Mr. Brennan reported the status of certain on-going litigation matters to the Board. 
        • Levin: there are several pre-trial motions in this case to be resolved.  It will not be heard in August, most likely October.
      • Higby I:  no new developments
      • CitySwitch LLC:  The tower is ordered to come down no later than September 18, 2010.
      • Reeves:  a briefing deadline has been set by Commonwealth Court.
      • DEP-PAG-13 – Municipal MS4:  Mr. Brennan asked Mr. Sartor to lead this discussion. 
        • Mr. Sartor informed the Board that the Pennsylvania Department of Environmental Protection ("PaDEP") has issued an unfunded mandate on stormwater management to address pollution problems in watersheds.  Specific to Schuylkill Township, this involves the watershed for the Schuylkill River and the reduction of PCB contamination to the Schuylkill River.  Deadlines have been set by PaDEP (a Notice of Intent must be submitted by September 30 and a Total Maximum Daily Load, or TMDL, plan must be prepared by the township), however, no guidance on how to prepare a TMDL plan is available from PaDEP.  Mr. Sartor informed the Board that the township needs to be thinking about this plan and should be ready to start on it as soon as clarification on the requirements is received from PaDEP.
  • Resolutions/Ordinances
    • Motion to Approve Resolution 2010-15 Authorizing the Township to become a permanent associate member of the Central Westmoreland Council of Governments.

      • Motion.   Mr. Morrisson moved to approve Resolution 2010-15 Authorizing the Township to become a permanent associate member of the Central Westmoreland Council of Governments. Mrs. Cohen seconded.

      Mr. Morrisson questioned what benefit this membership offered.  Mrs. Bird responded that mainly it offered a consortium cost benefit when purchasing items such as township vehicles.

      Motion Vote .  The motion passed 5-0-0.

    • Motion to Approve Resolution 2010-16 Endorsing the Principles and Strategies of the US 422 Corridor Master Plan as presented at the June 2, 2010 meeting.

      • Mrs. Cohen mentioned a slight correction to the agenda listing.  The 422 plan was presented at the July 7, 2010 meeting, not on June 2.

      Motion.   Mrs. Cohen moved to approve Resolution 2010-16 Endorsing the Principles and Strategies of the US 422 Corridor Master Plan as presented at the July 7, 2010 meeting. Mr. Vutz seconded.

      Motion Vote .  The motion passed 5-0-0.

    • Motion to Approve Resolution 2010-17 revising resolution 2010-10 for the purchase by the Township by way of Conservation Easement of Development Rights available from the property with a collective address at 450 S. White Horse Road, tax parcel ID #’s 27-5-57, 27-5-57.7 and 27-5-62.

      • Motion.   Mr. Morrisson moved to approve Resolution 2010-17 revising resolution 2010-10 for the purchase by the Township by way of Conservation Easement of Development Rights available from the property with a collective address at 450 S. White Horse Road, tax parcel ID #’s 27-5-57, 27-5-57.7 and 27-5-62.  Mr. Vutz seconded.

      Mr. Brennan explained the need for this revision in that the original scope of the conservation easement restriction included tax parcels 27-6-62 and 27-5-62.2.  Further investigation determined it appropriate to exclude tax parcel 27-6-62, owned by Charles R & Maureen A. Thompson, and tax parcel 27-5-62.2, owned by Gerald W. & Joy E. Thompson from the Agreement for Sale of Developments and the proposed Conservation Easements.  Mr. Brennan went on to say that passage of this resolution was a precursor to signing the agreements.

      Motion Vote .  The motion passed 5-0-0.

    • Motion to Approve Resolution 2010-18 urging the Freedoms Foundation to work with Sen. Dinniman and other to complete debris cleanup of the Medal of Honor Grove site by fall 2010.

      • Motion.   Mr. Parry moved to approve Resolution 2010-18 urging the Freedoms Foundation to work with Sen. Dinniman and others to complete debris cleanup of the Medal of Honor Grove site by fall 2010. Mrs. Cohen seconded.

      Representative Drucker was recognized by the Chair.  Mr. Drucker requested that his office be included in the language of the resolution.  Mr. Morrisson questioned Representative Drucker on what he saw as his role in this effort.  Representative Drucker responded that he would work in cooperation with Senator Dinniman’s office.

      Motion.   Mrs. Cohen moved to amend Resolution 2010-18 to include Pennsylvania State Representative Paul Drucker’s office in the resolution.  Mr. Morrisson seconded.

      Motion Vote .  The motion on the amendment to Resolution 2010-18 to include Representative Drucker passed 5-0-0.

      Motion Vote .  The motion to approve Resolution 2010-18 passed 5-0-0.

Public Hearing

On behalf of the Board, Mr. Brennan opened a public hearing at 9:40pm for the purpose of soliciting comments from the public on the adoption of Ordinance 2010-03 which amends certain sections of the Subdivision and Land Development Ordinance which have been noted to be in conflict with other ordinance sections or require clarification, Ordinance 2010-04 which amends certain sections of the Zoning Ordinance which have been noted to be in conflict with other ordinance sections or require clarification, and Ordinance 2010-08 and 2010-09 amending an ordinance prescribing traffic and parking regulations in Schuylkill Township.  Mr. Brennan commented that he has reviewed the ordinances and concurs with their legality.  Mr. Brennan then called for comments.  There being no comments forthcoming, the public hearing was closed at 9:45pm.

  • Motion to Adopt Ordinance 2010-03 amending various sections of the Subdivision and Land Development (“SALDO”) Ordinance.

    • Motion.   Mr. Morrisson moved to adopt Ordinance 2010-03 amending various sections of the Subdivision and Land Development Ordinance.  Mr. Vutz seconded.

    Motion Vote .  The motion passed 5-0-0.

  • Motion to Adopt Ordinance 2010-04 amending various sections of the Zoning Ordinance.

    • Motion.   Mr. Parry moved to adopt Ordinance 2010-04 amending various sections of the Zoning Ordinance.  Mr. Morrisson seconded.

    Motion Vote .  The motion passed 5-0-0.

  • Motion to Adopt Ordinance 2010-08 to place stop signs on Moorehall Drive at Wetherill Lane.

    • Motion.   Mr. Morrisson moved to adopt Ordinance 2010-08 to place stop signs on Moorehall Drive at Wetherill Lane.  Mrs. Williams seconded.

    Motion Vote .  The motion passed 3-2-0.

  • Motion to Adopt Ordinance 2010-09 updating list of Stop intersection and vehicle weight limit on Creek Road Bridge.

    • Motion.   Mrs. Cohen moved to adopt Ordinance 2010-010 updating the Township List of Stop intersections and the vehicle weight limit on Creek Road Bridge.  Mr. Morrisson seconded.

    Mr. Morrisson questioned the change to vehicle weight limit on Creek Road Bridge.  Mrs. Bird responded that the bridge was a Chester County bridge and this was simply to ratify the recent change by the county to the vehicle weight limit (from 8,000 pounds to 15 tons).

    Motion Vote .  The motion passed 5-0-0.

  • Motion to Approve Advertising Ordinance 2010-10 Amending SALDO.

    • Motion.   Mr. Morrisson moved to approve advertising Ordinance 2010-10 Amending SALDO.  Mr. Vutz seconded.

    Motion Vote .  The motion passed 5-0-0.

  • Subdivisions/Land Development

    • No agenda items

  • Two Minute Reports
    • PASD Initiative – Mrs. Cohen gave a brief update on the Planning Commission’s review of LERTA incentives in Schuylkill Township for commercial business.  Mrs. Cohen reported that the Planning Commission’s recommendation is that incentives be tax parcel specific.
    • PRPC – Mr. Parry commented that the PRPC is continuing the update to the Regional Comprehensive Plan for the East Vincent withdrawal and is working on Chesco Trail classifications.

    Executive Session

    At 10:00pm, the Board voted to go into executive session to discuss certain personnel and litigation matters.

    The public meeting was reconvened at 11:20pm.  Mrs. Cohen reported that personnel and litigation matters had been discussed.

    Motion.   Mrs. Cohen moved to approve the allowing of the improvements at the Valley Forge Sewer Authority to proceed through the building permit process and not land development procedures.  Mr. Parry seconded. 

    Motion Vote .  The motion passed 5-0-0.

    ADJOURNMENT

    At 11:25pm, a motion was made by Mrs. Cohen to adjourn the meeting.  Mrs. Williams seconded. The motion passed 5-0-0.

    Next Board Meeting:  September 1, 2010 7:30 PM

    Respectfully submitted,

    Madeline M. Harbison
    Township Secretary