PRESENT: Norman Vutz, Chair ; Lee Ledbetter: Jim Morrisson, Laurie Williams, John Sartor, P.E., Township Engineer; William Brennan, Interim Township Solicitor
ABSENT: Barbara Cohen, Vice Chair. Ms. Cohen was on vacation.
7:30 PM Called to Order
Pledge of Allegiance
7:43 PM Mrs. Laurie Williams arrived.
PUBLIC PARTICIPATION: Mr. Jay Stearly of 1125 Valley Forge Road asked the Board to address a noise problem emanating from La Taverna and Valley Forge Pizza. Mr. Stearly’s complaint concerned loud, amplified music coming from patio areas of both businesses; stating that while the Township’s ordinance disallowed any noise being heard 25 feet beyond property line, he lives 350 feet from these business establishments and hears the music plainly. He asked if problem could be addressed through Township noise ordinance. Mr. Ledbetter pointed out that the Outdoor Dining Ordinance did not allow amplified music. Mr. Vutz commented that it might very well be a district justice matter. Mr. Ledbetter asked Chief of Police if police department could follow up on complaint and act on noise abatement. Chief Fetterman said it was possible. Mr. Vutz asked that a review be done with Code Enforcement officer as well. His preference would be to ban outdoor dining altogether; Mrs. Williams stated that it would not be fair to punish all businesses for one transgressor. She suggested that resident(s) make a formal complaint to police when problem occurs and initiate a paper trail for further action. The resident demurred, stating he was worried about a backlash if he complained. Mrs. Williams made a motion that the Township’s noise ordinance be revised to include a $300.00 fine for each infraction. Mr. Vutz mentioned Mrs. Williams should set up a task force to review the Township’s noise ordinance. Mrs. Williams asked that a volunteer group make up the task force along with the Code Enforcement officer and Township Manager. Mr. Brennan, Interim Solicitor, urged caution on this, stating that enforcement can be difficult. The matter was concluded with the request by Mr. Ledbetter to the Police Chief to investigate any complaint and file the necessary police reports.
Motions made to approve the following, as submitted
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Chief Fetterman introduced the Township’s new part-time officer, Eric Sauermilch, to the Board and public present at the meeting.
911 System: No discussion
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Advertise to Refurbish Township Backhoe: A motion to advertise the bid was made and approved as follows:
Moved: Vutz Second: Morrisson Approval: Unanimous
Graham Road: Township Roadmaster, Mr. Cinciripino, stated he was still in the process of obtaining quotes for repaving and is waiting to hear from Mr. Mike DiPaolo to submit his quotes. Mr. Morrisson asked that the Roadmaster or Township Manager get in touch with Mr. DiPaolo to set up an additional meeting. Mr. Ledbetter asked Mr. Morrisson to oversee the meeting.POSTED
Julius Marosfalvi, Jr. Fire Fighter of the Month
Fire Chief, Richard Beittel announced that the new fire truck has been delivered and should be ready to be put into service next month. Mr. Ledbetter asked that it be at the Township building prior to the September meeting, if possible.
Mrs. Williams mentioned a student project grant program being offered through Phoenixville Community Health Foundation’s Leadership Academy and requested that Chief Beittel look into the possibility of obtaining one of the grants for the fire department.
Piskai Fire Hydrant: 1096 West Bridge Street. Mr. Beittel stated that after a site review of the location, his recommendation is that the fire hydrant may be removed from the plan without impacting water access to fire department. Eventually a hydrant will have to be installed at the corner of Pothouse and Charlestown Roads when that location is developed. Mr. Brennan would like the plan of record to be revised to reflect this change and the developer must issue and addendum to the plan.A motion to remove the fire hydrant was made and approved as follows:
Moved: Williams Second: Morrisson Approval: Ledbetter, Morrisson, Williams Dissent: Vutz
Mr. Vutz mentioned that Dr. Piskai’s objection was to the adjusted cost of the hydrant ($6,000 vs. his originally budgeted $2,000) and felt that removing the hydrant was gifting the money to Dr. Piskai. Mr. Ledbetter asked if the originally budgeted amount could be obtained and placed in escrow towards the cost of a future hydrant. Mr. Brennan stated this could not be done.
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Mr. Honigman reported that Chester County has asked the Township to identify all special needs persons in its jurisdiction. Statistically, it should 1% of the population; yet there are only 6 identified on EOC lists. The Board suggested Mr. Honigman meet with the Township Manager after Labor Day to plan an aggressive campaign. Mrs. Williams offered to effect introduction to AnnaMae Galbraith of Phoenixville Hospital as a resource for this project.
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Mr. Nick Cinciripino reported on behalf of Mr. James Shaughnessy. It was reported that Allied Waste, a hauler operating within Township, is going to single stream recycling. Mr. Ledbetter recapped the single stream recycling discussion given at the EAC meeting.
The Chester County Commissioners are pushing for Townships to go to a single hauler being allowed to operate in each Township; they want fewer waste trucks on the road and better reporting of recycling tonnage. Mr. Vutz stated that Schuylkill Township prefers to allow residents a choice. Mr. Ledbetter inquired if the County will dictate which haulers are allowed , but this is not known at this time.
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IRS Mileage Rate Increase: A motion to increase the Schuylkill Township mileage reimbursement to the new IRS rate of 58.5 cents per mile was made and approved as follows:
Moved: Ledbetter Second: Williams Approval: Unanimous
Pension Investment Increase Study: The Township Manager reported that it would cost $2,700.00 per plan, or a total of $5,400.00 for both pension plans, to do a cost study on investment increases. A motion to make no changes to the investment in place at this time was made and approved as follows:POSTED
N/S CitySwitch Proposed Tower: Mr. Brennan gave a brief overview of the July 22, 2008 meeting with CitySwitch. His conclusion is that the law governing preemption is on their side. The only question is whether Cityswitch is in the railroad business and does the preemption law cover affiliates of railroads. A possibility is that the tower will go ahead with or without a Township permit. Options are 1) to issue a building permit with an opinion; 2) deny the permit and wait and see, or 3) request more information (apparently, CitySwitch will not give out proprietary information). Mr. Ledbetter asked if a permit could be issued with stringent conditions to demonstrate objectively that they satisfy the ordinance’s requirements. Mr. Brennan said the Township could issue a building permit conditioned on CitySwitch complying with ICCTA, and reserve the right to take them to court to sue for removal of the tower should it be determined they could not satisfy the ICCTA requirements.
Tara Handforth, 344 Drummers Lane, asked what options residents have to oppose installation of the tower. Mr. Brennan said that an injunction would have to be obtained but, based on the preemption law, it is not likely one would be issued. Residents could go to court without an injunction but it would be very expensive. Ms. Handforth asked if the Township could offer another location for the tower. This option was not feasible as the Township owns no land with sufficient area for a safe fall zone. Mr. Michael Beran, Meadows HOA, asked if the issue of hazardous chemicals in the sewage treatment plant close to the tower could be brought into play to deny the permit, along with power supply and access issues.
Mr. Ledbetter stated the need for a letter setting out that a permit can only be issued with an amended application submitted which addresses: 1) confirmation of the fall zone area; 2) demonstration of compliance with ICTTA regulations; 3) affirmation of railroad use exclusively for the tower; and 4) environmental concerns as regards the proximity of the sewage treatment plant chemicals. The letter should include the statement that should Cityswitch build without a permit, the Township will take appropriate action. A resident asked if a detailed compliance list could be drawn up.
Mr. Brennan was asked what options the Township has if Cityswitch ignores requests for re-applying for permit. He stated that the Township is not in a good position to halt construction of the tower because of preemption laws in place. A request for a bond to be submitted with permit application to cover the cost of removing the tower could be made to Cityswitch. Mr. Ledbetter asked Mr. Brennan if it would be worthwhile to consult a litigator experienced with this type of issue. Mr. Brennan is not sure, but knows it can quickly become very expensive—the initial phone call before any action is taken can be $5,000.00.
Mrs. Williams suggested one option for residents opposed to the tower was to contact the media and bring the issue to them to fight the installation.
The Board determined that, at this time, no expenditure should be made and that Mr. Brennan would write a letter to Cityswitch with the items listed above (1-4) plus a request for a bond to remove the tower should it be found that the applicant failed to meet their burden, copying the Meadows HOA. A resident asked if the Board could consult with other municipalities facing this situation.
The August 5, 2008 Reeves property was meeting postponed to August 21, 2008 due to fact that a witness, Mr. John Sartor, could not make the meeting. The attorney for Pohlig expressed displeasure at the short notice given of the postponement by the Zoning Hearing Board attorney; he was called on the Friday prior to Tuesday meeting.
At this time, Mrs. Williams left the meeting room.
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Mr. Ledbetter requested Ms. Momyer to stay through the discussion for the American Revolutionary Center to determine whether it could be presented at the next Historic Commission meeting.
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Mr. Bob Cooney reported that meetings have been set up with targeted property owners. The Open Space map is being reviewed and will be presented to Board of Supervisors next month for update input. The Open Space Funds have been deposited in various Certificates of Deposit. Mr. Cooney thanked the Township Manager for her assistance in accomplishing this task.
Mr. Morrisson reported that the Whitetail Association program is moving forward; permissions on larger properties have hit a stumbling block and could lower the harvest by 25%. Valley Forge National Park is planning on the publication of an Environmental Impact Statement on deer management in the park but needs to address funding issues.
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A special meeting is scheduled for August 20, 2008 at 8:00 p.m. specifically for the Reeves property.
American Revolutionary Center: Mr. Morrisson gave an overview of the Lower Providence citizens group presentation to the Planning Commission on a resolution that the ARC should be built in the original location proposed near the Visitors Center He then recapped a telephone conversation with Tom Daly of the American Revolutionary Center regarding a presentation to the Schuylkill Township but Mr. Daly suggested Lower Providence present the other side of the story . Mr. Ledbetter asked if this matter wasn’t before the Lower Providence Zoning Hearing Board and expressed his opinion that the Schuylkill Township Board of Supervisors would rather hear from the source, Mr. Daly , although Lower Providence’s input would, of course, be welcome.
9:40 p.m. – Mr. John Sartor, Township Engineer, arrived.
Ms. Joyce Culley , resident of Lower Providence and representative of Concerned Citizens of Lower Providence Township then made a short statement before the Board. Mrs. Culley stated she had been involved in this case for thirteen months and reported on her presentation to the Planning Commission on the resolution drawn up by Upper Merion Township that supports the position of the Department of the Interior that ARC should be located on its original site adjacent to Valley Forge Park’s Welcome Center. She then gave a brief synopsis of the issues concerning the Concerned Citizens group, specifically the legal challenge in conjunction with the National Park Conservation Association regarding harm to VFNHP due to spot zoning. ARC attempted to have the challenge thrown out on the basis that it was a frivolous challenge. Last week, Judge Moore ruled that it was not a frivolous suit and the challenge could go forward. Ms. Culley then touched on the scope of the project and its impact on Lower Providence and the surrounding Townships and asked the Board to consider passing a resolution similar to the one drawn up by Upper Merion.
Mrs. Williams rejoined the meeting at this point.
Mr. Morrisson interrupted Ms. Culley and stated his opinion that Ms. Culley had already made her point to the Planning Commission and that the decision ARC had made in moving the center was extremely wise due to concerns about management of the Center. Mr. Ledbetter interjected that he had hoped not to have to get second hand information at this Board meeting and wanted to hear first hand from all parties, including the applicant, on why they want to do what they want to do before considering any action.
Mr. Morrisson then stated his opinion that it was inappropriate for a minority of the Lower Providence Board to come and speak when the majority of the Board voted for the location currently in dispute , indicating he wanted to hear their side of it and “we do not want to hear the harangue we’ve been hearing for months now from people like yourself...” Mrs. Williams interrupted Mr. Morrison and apologized to Ms. Culley for the treatment given to her and thanked her for coming. Mrs. Williams then asked for consideration of the Resolution. Mr. Vutz stated that he was not prepared to make a decision at this time before having all information; Mr. Ledbetter concurred and asked Mr. Morrisson if he would get in touch with Mr. Daly again about presenting to Schuylkill Township, perhaps to the Historical Commission. No action taken at this time on proposed resolution.
East Brunswick – Out of State Sludge Resolution. Mr. Vutz stated that this is not an issue at present in the Township and made a motion that Schuylkill Township should not respond.
Moved: Vutz Second: Williams Approval: UnanimousNothing to report.
VFNHP Steering Committee Meeting – no discussion
GVTMA – no discussion
Mr. Ledbetter recapped upcoming tasks. First, kick off preparations for the consistency review process; he will be speaking to the Planning Commission about that process. Other tasks: invoice approval, West Vincent Township’s participation in Regional Planning. Mr. Ledbetter summarized discussions on support for a riparian buffer of 100 feet and beyond, and a development of Regional Impact in that the Borough is revising their Master Plan . Next action item for Board is the Short Term Goals document – a list of items from Regional Planning Process about which the Township feels strongly. Also, the Township needs to plan on a $12,000 regional planning budget for 2009.
Mr. Brennan presented brief updates on the following:
Fire Suppression – Briefing deadline extension was granted – under control
Royal Bank – waiting for a decision from the State Supreme Court on whether case will be heard
Pickering Glen – Township is petitioning to have taken off the trial list; a hearing has been scheduled for September 18
Levin Property – Township is petitioning Judge Riley to have it taken off the trial list; Mr. Brennan is fairly certain it will be done.
Horseshoe Pointe – The Township received an email that the last piece of construction work has been completed and Mr. Brennan believes the case is ready to be dismissed. The Township Manager stated that John Sartor is waiting to ensure that the fix is going to work before the case is dismissed.
Potters Pond – No new action. The Developer is taking the position that the Township is in violation of the response deadline for the final punchlist.Mrs. Williams asked Mr. Brennan if it would be a good use of time for him to meet with Mr. Peter Mercuri, President Pickering Glen HOA prior to September 18 conference with Judge Riley and asked Mr. Mercuri to provide Mr. Brennan with his cell number to set up discussion on issues.
Mr. Todd Pohlig of Pohlig Builders and attorney John Snyder stated their intention to discuss with the Board questions and issues before requesting preliminary plan approval. Mr. Ledbetter asked procedural question of Mr. Brennan regarding Reeves as they are in front of Zoning Hearing Board and that has not yet run its course. Per Mr. Pohlig, they will be asking the Planning Commission for preliminary plan approval on August 20, 2008, and intend to ask the Board for preliminary plan approval at its September meeting. Mr. Ledbetter stated that, to his knowledge, the Board has never ruled on a preliminary plan with the Zoning Hearing Board not completed. Mr. Ledbetter asked Mr. Brennan what, if any, latitude would the Board have to change a plan to close out any remaining issues once preliminary approval was given. Mr. Brennan stated that preliminary plan approval is a major decision made by the Township and, once preliminary plan approval is granted subject to conditions, then the developer has the right to move ahead and has the legal right to final plan approval subject to compliance with those conditions. He went on to say that preliminary plan approval binds the Board, if the Board approved the preliminary plan, there would be a series of conditions outlined in great detail on the document presented to the applicant for signing and once applicant demonstrates compliance with those conditions, he is entitled to final plan approval. Mr. Brennan discussed two ways to handle preliminary plan approval prior to the Zoning Hearing Board conclusion; one would be to add a condition to the Board’s list that all of the items outstanding before the Zoning Hearing Board be resolved according to Township Ordinances with no final approval being granted until compliance is demonstrated; the second option is that an agreement could be worked out between the applicant and the Board where it is understood that the applicant will wait for a decision from the Zoning Hearing Board. Mr. Brennan stated that case law favors the proposition that there should be an approval subject to conditions.
Mr. Morrisson noted that, at this time, the Board was not in receipt of either the Environmental Advisory Council’s (EAC) review or PennDOT’s Highway Occupancy Permit (HOP). Mr. Ledbetter stated that the EAC has committed to doing so; Mrs. Williams mentioned that Marlou Gregory was in processing of writing up review. Mr. Ledbetter went on to say that the Board does not usually wait for such items as the HOP, but conditions approval on satisfying such other regulatory approval requirements.
At this point, Mr. Snyder, attorney for Pohlig, petitioned that the Board revisit his letter of January 4, 2008 in which he requested that Mr. Morrisson recuse himself from the Reeves property application on the grounds of his opposition to the application prior to his election to the Board. Mr. Morrisson stated he did not intend to recuse himself and that he has never been in total opposition, and he has been in agreement with Mr. Todd Pohlig about accepting development on the upper part of the property. Mr. Brennan then stated that Section 603 of the Second Class Township Code supported Mr. Morrisson’s decision. Mr. Snyder objected, citing cases under Municipal Planning Code. Mr. Snyder stated that the recusal request was on the record and that in the event of an unfavorable decision, it will be one of the issues raised. Mr. Ledbetter asked Mr. Snyder if he thought Mr. Morrison’s participation in the application process rendered the Board incapable of a sound and fair decision. Mr. Snyder declined to answer. Mrs. Williams asked Mr. Brennan if it was Mr. Morrisson’s sole decision to recuse himself or if the Board had input in that decision. Mr. Brennan answered that, as a general rule, it is a municipal officer’s duty to disqualify himself from any proceeding in which he has a personal or pecuniary interest which is immediate or direct, and that, if need be, it will all be reviewed and a decision made by a judge in the future; that the objection had been noted, and it is an issue that will not be resolved in this meeting.
Mr. Ledbetter asked if there were any additional items. Mr. Snyder stated that there were a number of items for the Supervisors to consider but he felt that most were governed by Township Ordinances, and it would make more sense to take the position that the plan submitted in compliance with Township Ordinances is the one which should be reviewed by the Board. He went on to say that if even after preliminary approval of a compliant plan the Board wishes to say a final plan should be submitted with certain modifications, that is probably the easiest way to handle this matter. Mr. Ledbetter responded to Mr. Snyder that he believes Pohlig has submitted a plan to meet Ordinances and has noted areas that Pohlig would be willing to consider deviations from Township Codes but has included these areas as an alternative to the plan, giving the Township the option that preliminary approval can be conditional and issues may be revisited at final approval. Mr. Snyder agreed that options had been given.
Mrs. Williams asked about variances in the plan. Mr. Vutz stated that it was a considerable list which had been discussed at length in the Planning Commission. Mr. Ledbetter mentioned that a stormwater issues meeting had been discussed and asked if Pohlig could be ready for a meeting on Friday, August 15. Mr. Pohlig stated he would check his calendar. Lee Ledbetter and John Sartor will attend the meeting, with the applicant’s engineer, if possible.
There was discussion on some additional issues. Mr. Snyder mentioned that zoning issues and the Planning Commission question on secondary access were put to Russell Yerkes and that Pohlig is waiting for a response. Mr. Ledbetter asked Mr. Brennan to get in touch with Mr. Yerkes to see if he needed assistance with the response.
Letter of Extension to September 5, 2008: A motion to accept the Pohlig Letter of Extension to September 5, 2008 was made and approved as follows:
Moved: Vutz Second: Williams Approval: Unanimous
Resolution: authorizing Schuylkill Township to be sponsor for a walking path from the Phoenixville YMCA to the Schuylkill Elementary School. Mr. Morrisson raised some concerns about costs; specifically the price of sidewalks. The Township Manager is to get clarification on these concerns. A motion to approve the Safe Routes to School-Phase II resolution was made and approved as follows:
Moved: Ledbetter Second: Vutz Approval: Unanimous
Brackman:
The Brackmans have sold their property and so will not be going forward with their application.
Resolution to join the Westmoreland C.O.G. in order to qualify for discounted purchases of vehicles and equipment. A motion was made to sign the resolution as follows:
Moved: Ledbetter Second: Vutz Approval: Ledbetter, Morrisson, Vutz Dissent: Williams
A motion to sign the CAT Pickering flashing school signal resolution was made and approved as follows:
Moved: Ledbetter Second: Vutz Approval: Unanimous
At 11:17 PM, a motion to convene an Executive Session was made and approved as follows:
Moved: Ledbetter Second: Vutz Approval: Unanimous
The Board reconvened the regular meeting at 11:29 p.m. Mr. Vutz reported that legal matters had been discussed. At 11:30 p.m., there being no further business for discussion, a motion to adjourn was approved as follows:
Moved: Ledbetter Second: Williams Approval: Unanimous
Respectfully submitted,
Madeline M. Harbison
Assistant Township Secretary