MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: December 2, 2009

BOARD MEMBERS PRESENT:
Barbara Cohen, Vice-Chair; Lee Ledbetter; Jim Morrisson, Laurie Williams
ABSENT:  Mr. Norman Vutz.  Mrs. Cohen acted as Chair in his absence.

Also present: 
Mary Bird, Township Manager; William Brennan, Township Solicitor, John Sartor, Township Engineer
Rick Beittel, Jr., Fire Chief; Nick Cinciripino, Roadmaster; Jim Fetterman, Chief of Police; Bob Mauch, Open Space Committee Chair, Madeline Harbison, Township Secretary

CALL TO ORDER
The public meeting was called to order by Mrs. Cohen at 7:30PM
Pledge of Allegiance

ANNOUNCEMENTS :

Resolution No. 2009-28: Commendation – Corporal Robert Crabtree.  The Board recognized and commended Corporal Robert Crabtree for his actions on April 18, 2009 as the first respondent to a natural gas explosion at the Phoenixville Waste Water Treatment Facility.  Corporate Crabtree rendered aid to an injured employee in a hazmat area at the plant with little regard for his personal safety thereby saving the injured person’s life.  The Board thanked Corporal Crabtree for his dedication to and pride in the Schuylkill Township Police Department.

Motion to Approve Resolution No. 2009-28.  A motion to approve Resolution No. 2009-28 was made by Mr. Ledbetter and seconded by Mrs. Cohen.

Motion Vote.  The motion passed 4-0-0.

Recognition – Mr. Lee Ledbetter.   Mr. Ledbetter was recognized and commended by the Board of Supervisors of Schuylkill Township for his many years of dedicated service to the township, not only as a member of the Board, but also as a liaison and/or volunteer on most of the township’s committees, commissions and councils.  Mr. Stephen Kunz of the Environmental Advisory Council (EAC) was present to thank Mr. Ledbetter for his guidance, advice, and inspiration to the members of the EAC.  Mr. Robert Mauch, Open Space Commission (OSC) Chair, voiced the OSC’s appreciation of Mr. Ledbetter’s assistance, guidance and inspiration to their efforts as well.  Mr. Ledbetter responded that any success he has had as a township supervisor would not have been possible without the dedicated volunteers who comprise the committees, commissions and councils of the township; they make it easy for supervisors to do their job.  Mr. Ledbetter commended their passion and thanked them for the time they invest in their work for the township.  The Board then presented Mr. Ledbetter with a symbol of his long investiture in the township – an actual replaced Valley Park Road sign with a placard on the back as follows:

Valley Park Road is more than where Lee Ledbetter lives at #125.  In a number of ways the road physically connects Lee’s activities with the Township: the Township Building at #111 whose staff and police he helped supervise; the Fire Company at #630 he helped support; the residential developments he helped plan; the stormwater he helped control; the Anderson cemetery he helped preserve; the 16-acre park he helped the Township purchase; the traffic lights he helped plan; and other activities too numerous to mention.

Let this Valley Park Road sign be a token of appreciation for Lee’s 20 years of excellent service to Schuylkill Township.

Presented by the Board of Supervisors of Schuylkill Township, December 2, 2009.

PUBLIC PARTICIPATION:

There were no items brought to the Board’s attention.

CONSENT AGENDA

  • Approval of Board of Supervisors’ Minutes of November 4, 2009 Regular Board of Supervisors Meeting and November 10, 2009 Budget Meeting.
  • Approval of Treasurer’s Report for Period Ending November 30, 2009
  • Approval of Payment of Township Bills for Period Ending November 30, 2009
  • Acceptance of Department, Committee, Commission and Council Reports as posted and received by the Board of Supervisors.

Motion to approve Consent Agenda:  Mr. Ledbetter made a motion to approve the consent agenda.  The motion was seconded by Mr. Morrisson. 

Motion Vote: The motion passed 4-0-0.

BOARD DISCUSSION ITEMS

  • Old Business
    • There were no Old Business items requiring the Board’s attention 
  • New Business
    • Open Space Commission (OSC) Recommended Motions.
      • Motion to approve the ranking of Parcel F.
      • Mr. Bob Mauch, Chair OSC, gave a brief overview of the subject parcel and the goal of the Township in regards to this property.  A conservation easement is being sought for this parcel.  The cost will be funded in part by a County grant; the Township will fund the difference and any transaction fees.  This highly desirable parcel encompasses streams, wetlands, valleys and the OSC recommends an HIP rank.
      • Motion.   A motion to approve the ranking of HIP for Parcel F was made by Mr. Ledbetter and seconded by Mr. Morrisson.
      • Mr. Morrisson commended Mr. Mauch for his work on obtaining the County grant for this parcel.  The landowner is entertaining several options for the property; one being a sub-development, so Mr. Mauch’s quick work in getting funding was crucial.
      • Motion Vote.  The motion passed 4-0-0.
      • Motion to approve Solicitor review of the Parcel F easement proposal.  
      • Mrs. Williams mentioned the scarcity of OSC funds and questioned whether to use so much of the fund for this particular property.  Mr. Mauch responded that this easement purchase would be less than 3% of available monies.
      • Mr. Ledbetter stated that as this is the first conservation easement purchase undertaken by the Township, he would like the motion amended to include the provision of guidance by the Township Solicitor during the process to ensure that no steps were missed.
      • Motion.    Mr. Ledbetter made an amended motion to approve the Solicitor review of the Parcel F easement proposal and provision of necessary guidance to the OSC and the Board of Supervisors during the process of obtaining the easement.  Mr. Morrisson seconded the motion.
      • Mrs. Cohen asked if there would be any fee(s) paid to the Natural Lands Trust (NLT).  Mr. Mauch stated yes; $48,000.00 which would cover transaction fees, i.e., title search, etc., and a one-time payment of $12,000.00.  The $12,000.00 would become part of the NLT endowment fund which covers the cost of monitoring in perpetuity.
      • Motion Vote.  The motion passed 3-1-0, with Mrs. Williams dissenting.
      • Motion to approve $6,000.00 to fund the appraisal of Parcel I.  
      • Mr. Mauch updated the Board on the status of Parcel I.  The owning Board of Directors approved the consideration of an open space alternative and wants to move to the appraisal stage.  This is, again, a highly desirable property and there is a need to move quickly.
      • Motion.    Mr. Ledbetter made an amended motion to approve a not-to-exceed amount of $6,000.00 to fund the appraisal of Parcel I, seconded by Mr. Morrisson.
      • Motion Vote.  The motion passed 3-1-0, with Mrs. Williams dissenting.
      • Motion to authorize the Open Space Commission to make an offer, subject to future Board of Supervisor approval, to fund conservation easement scenario three on Parcel C.  
      • Mr. Brennan suggested the motion be amended to be conditional upon a vote by the Board of Supervisors at a future publicly advertised meeting.
      • Mr. Mauch stated that he is confident that the Township offer would be accepted; there is sufficient interest on the part of the owning entity.  He went on to say that this property has the highest ranking possible on the OSC desirability list and there is a definite possibility of obtaining state and federal funding for the easement purchase.
      • Mrs. Cohen stated that she would have to abstain from the vote on this property due to the totality of the easement.  Mrs. Williams added that she would be voting against the purchase of the easement at this time and suggested that the motion be tabled until the January meeting of the Board of Supervisors.  Mr. Morrisson responded that the Township cannot wait on this decision; developers are waiting in the wings for this property.
      • Mrs. Cohen again stated her objection to the totality of the easement and the fact that it is in direct conflict with the Phoenixville Area School District’s (PASD) commercial ratables increase program.
      • Mrs. Williams suggested the matter be discussed in executive session and then a vote taken.  Mr. Ledbetter explained to the residents present about the need for confidentiality in the matter of open space purchases and reminded them that voting on matters discussed during executive sessions is done once the public meeting is reconvened.
      • The Board agreed to continue the discussion of an offer on the conservation easement for Parcel C during executive session.
    • Motion to Approve the January 1, 2010 through December 31, 2014 Police Contract.
      • Mrs. Cohen commended Officer Deorio for his meticulous work in conducting the contract negotiations and expressed the Board’s appreciation for the employees’ willingness to save the Township close to $200,000.00 with acceptance of a change in the benefits plan.  Mrs. Williams expressed the Board’s thanks to Mrs. Cohen and Mr. Ledbetter for their part in the successful contract negotiations.
      • Motion.    Mr. Ledbetter made a motion to approve the January 1, 2010 through December 31, 2014 Police Contract.  Mr. Morrisson seconded the motion
      • Motion Vote.  The motion passed 4-0-0.
    • Motion to Approve the 2010 Stray Boarding Limited Contract with the SPCA in the amount of $100.
      • Motion.    Mrs. Cohen made a motion to approve the 2010 Stray Boarding Limited Contract with the SPCA in the amount of $100.00.   Mrs. Williams seconded the motion
      • Motion Vote.  The motion passed 4-0-0.
    • Legal Matters:  Pulte, Levin, City Switch, Higby (Potters Pond).

      • Mr. Brennan updated the Board on the following Township legal matters:

      • Pulte.    Oral argument is scheduled for December 12, 2009; the trial is not yet listed – date is expected to be scheduled in the first quarter of 2010.  A settlement offer has been received which should be discussed in executive session.
      • Levin.  Matter is listed number 2 in trial list but no new date is set as yet.
      • City Switch.  The matter is scheduled before the Zoning Hearing Board on December 22, 2009.  Mr. Brennan will be deposing Mr. Sykes, Norfolk Southern engineer, next Tuesday December 15, 2009. 
      • Higby.  The trial date is February 17-19, 2010.  Responsive briefs were circulated December 2, 2009.  Judge Nagle is expected to set dates for oral arguments in December 2009 or January 2010.
        • A resident questioned Mr. Brennan on the rumors circulating about the Higby developer’s suspected insolvency and how that would affect getting the development finished.  Mr. Brennan responded that in a case of insolvency being declared, the Township would hope that the held escrow would cover the expense of hiring contractors for the finish work.
    • Chief Fetterman was recognized by the Board.  The Chief requested approval to advertise police car number five for sale in as is condition.
      • Motion.    Mr. Ledbetter made a motion to approve the advertising of Police Car No. 5 for sale in as-is condition. The motion was seconded by Mrs. Williams.
      • Motion Vote.  The motion passed 4-0-0.
  • Resolutions/Ordinances
    • Resolution No. 2009-29:  Approving Compensation Amounts for Damages Relating to the Pickering Glen Maintenance Bond Punch List . 
      • The Board agreed to table discussion of Resolution No. 2009-29 to executive session.
  • Subdivisions/Land Development
    • Motion to Approve the PASD Conditional Use Application and Render Opinion Regarding Steep Slope Issues.  
    • Mr. Glenn Harris, RLA, of Renew Design Group and Mr. Ron Kalyan, Jr., Esq., of Fox Rothchild LLP petitioned the Board for approval of the Conditional Use Application presented to the Board at a public hearing on November 4, 2009 in connection with construction of a new middle school.
    • Motion.    Mr. Ledbetter made a motion to approve the PASD Conditional Use Application  pursuant to Article XIX of the Schuylkill Township Zoning Ordinance 1997, § 1925 and §1925.C as Amended by Ordinance No. 2006-04 conditional upon the provisions included as modified by the Township Solicitor In Re: Conditional Use Application of Phoenixville Area School District No. CU09-01, referencing the plan and having the Township Engineer review Rights-of-Way on the plan with regard to placement of a trail or walking path.  Mrs. Williams seconded the motion.
    • Motion Vote.  The motion passed 4-0-0.
    • Motion to Approve the PASD Waiver Requests and Grant Conditional Preliminary Plan Approval.  
    • Mr. Glenn Harris, RLA, of Renew Design Group and Mr. Ron Kalyan, Jr., Esq., of Fox Rothchild LLP petitioned the Board for a waiver pursuant to Schuylkill Subdivision and Land Development Ordinance, § 401.C.2.a (1), § 401.C.2.a (2), § 401.D.16.d (1) and § 401.D.16.d (2) – All features outlined herein, within 400-feet of the subject property, shall be shown on the plans.
    • Motion.    Mr. Ledbetter made a motion to grant the requested waiver and to accept an aerial photograph in lieu of a features map.   Mrs. Cohen seconded the motion.
    • Motion Vote.  The motion passed 4-0-0.
    • Mr. Glenn Harris, RLA, of Renew Design Group and Mr. Ron Kalyan, Jr., Esq., of Fox Rothschild LLP petitioned the Board for a clarification pursuant to Article XIX of the Schuylkill Township Zoning Ordinance, § 1806.B, § 1806.C, and § 1806.E– In residential districts, all fences erected at the side or rear of any building or structure shall not exceed six feet in height.  Mr. Kalyan explained to the Board that the clarification is being requested for the fencing at the ball field behind home plate where an eighteen foot fence is planned to extend beyond the edge of the dugouts for one hundred twenty feet at which point the fence will transition to the required six foot height.
    • Mr. Ledbetter questioned Mr. Brennan as to whether a variance was necessary. A “reasonable argument” for no zoning violation was presented.  The Board of Supervisors determined the reasonableness of the argument.    Mr. Sartor added that he thought the fence height was reasonable for reasons of public safety around the ball field.  Mr. Sartor also suggested that gaps could be placed in the fence so it would not be a continuous run and that therefore there would be no zoning violation.  Mr. Ledbetter suggested that this be included on the plans.  Mrs. Cohen asked if some kind of “living” screen”, i.e., cedars, could be planted along the fence.  Mr. Kalyan responded that street trees are provided on the plans.
    • Motion.    Mr. Ledbetter made a motion that no variance was necessary provided the plans are adjusted to the satisfaction of the Township Engineer to provide gaps in the fencing.   Mrs. Williams seconded the motion.
    • Motion Vote.  The motion passed 4-0-0.
    • Mr. Glenn Harris, RLA, of Renew Design Group and Mr. Ron Kalyan, Jr., Esq., of Fox Rothschild LLP petitioned the Board for a waiver pursuant to Schuylkill Subdivision and Land Development Ordinance , § 401.D.25 – A Transportation Impact Analysis shall be prepared for any subdivision or land development proposal that will result in 100 new peak hour vehicle trips, or if the Township Supervisors find that conditions currently exist that would affect the development or be further exacerbated by the development.
    • Motion.    Mr. Ledbetter made a motion to grant the PASD petition for a waiver pursuant to Schuylkill Subdivision and Land Development Ordinance , § 401.D.25.   Mrs. Williams seconded the motion.
    • Motion Vote.  The motion passed 4-0-0.
  • Historic Schuylkill School (non-agenda item), Mrs. Cohen, as the Supervisor liaison to the “Save the Historic Schuylkill School” effort, requested a meeting with Mr. Josh Gould, Mr. Ron Miller and the new PASD Building & Grounds chair before the end of January.  Mrs. Cohen said she would like to reopen a dialogue with the PASD in a positive and productive manner to work towards the saving of the school.  Mr. Gould said he would take her request to the school board.

  • Motion to approve relocation of the infiltration beds for FCBP, Lot #1 – Pitter Patter Learning Center
    • Mr. Mike Sodl of Wilkenson Associates presented an overview of the plan and reason for the request for relocation of the infiltration basin.  The original basin was in front but during construction a significant amount of rock was discovered at the planned location.  The basin must be relocated as it is required for the NPDES permit.  The plans for the relocated basin were submitted to the Township Engineer and reviewed per the Gilmore & Associates, Inc. letter dated December 2, 2009.
    • Mr. Brennan commented that the Township has an approved final plan, signed, sealed and recorded.  Mr. Brennan went on to say the process does not start entirely anew but, under the Municipal Planning Code (MPC), if the Board accepts the new plan incorporating the relocated basin, it can be approved, signed, sealed and recorded as amended with additional escrow to cover added cost.
    • Mr. Sodl stated that a rough estimate of additional expense would be $14,000.00.
    • Mr. Ledbetter suggested that conditional approval be given based upon recording needs.
    • Motion.    Mr. Ledbetter made a motion to approve the amended plan showing the relocated infiltration basin conditional upon the updated plan being signed, sealed and recorded as amended and the escrow amount updated to include the added cost of the relocated basin.
    • Motion Vote.  The motion passed 3-0-0.   Mrs. Williams was not present for this vote.
  • Motion to approve Escrow Release #2 for FCBP, Lot #1 – Pitter Patter Learning Center.
    • Motion.    Mr. Ledbetter made a motion to approve the Escrow Release #2 for FCBP Lot #1 – Pitter Patter Learning Center in the amount of $25,605.31 as recommended by Gilmore & Associates, Inc. in their letter dated November 17, 2009
    • Motion Vote.  The motion passed 4-0-0.  
  • Additional Business
    • PASD-Township Task Force.  Mrs. Cohen informed the Board that the third meeting of the task force had taken place on November 30, 2009.   Municipalities currently participating are Schuylkill, East Pikeland and Phoenixville.  The purpose of the task force is to explore and suggest options for municipalities to increase commercial ratables in certain areas such as Rt. 23, Rt. 724 and Pothouse Rd.  Mrs. Cohen thanked Mr. Gould for initiating this combined effort.  Mr. Ledbetter suggested involving multiple school districts; possibly through the Phoenixville Regional Planning Committee, if this approach was applicable everywhere.
    • Motion to approve the expenditure of $52,500.00 in December 2009 to start up the Health Savings Accounts for 2010 under the new health plan.
    • Motion.    Mr. Morrisson made a motion to approve the expenditure of $52,500 for the new Health Savings Accounts for 2010 which was seconded by Mr. Ledbetter
    • Motion Vote.  The motion passed 4-0-0.

    At 9:05 PM, the public meeting was suspended and an executive session convened.  Supervisors present were Mrs. Cohen, Mr. Ledbetter, Mr. Morrisson and Mrs. Williams.  Also present were Mrs. Bird, Township Manager, Mr. Brennan, Township Solicitor and Mr. Mauch, Chair – OSC.
    The public meeting was reconvened at 9:35 PM.  Mr. Brennan reported that matters discussed were real estate and litigation. 

  • Motion to authorize the Open Space Commission (OSC) to make an offer, subject to future Board of Supervisors approval, to fund conservation easement scenario three on Parcel C.  
    • Mr. Ledbetter made a motion to authorize the OSC to make an offer on Parcel C, conservation easement scenario three.  The motion was seconded by Mrs. Cohen.
    • Motion Vote.  The motion passed 3-1-0, with Mrs. Williams dissenting.
  • Resolution No. 2009-29:  Approving Settlement of Claim v. Pulte Homes Relating to the Pickering Glen Maintenance Bond Punch List . 
    • Mr. Peter Mercuri, President of the Pickering Glen Homeowners’ Association was present.  The Board asked Mr. Mercuri if he would accept this settlement as written in Resolution No. 2009-29 on behalf of the Pickering Glen residents.  Mr. Mercuri agreed to accept the settlement as written.
    • Motion.  Mr. Ledbetter made a motion to approve Resolution No. 2009-29:  Approving Settlement of Claim v. Pulte Homes Relating to the Pickering Glen Maintenance Bond Punch List, seconded by Mrs. Cohen.
    • Motion Vote.  The motion passed 4-0-0.

ADJOURNMENT
At 9:45 PM, a motion was made by Mrs. Cohen to adjourn the meeting.  Mrs. Williams seconded the motion.  The motion passed 4-0-0.

Next Regular Board of Supervisors’ Meeting:  January 4, 2010, 7:30 PM

Respectfully submitted,

 

Madeline M. Harbison
Township Secretary