PRESENT: Norman Vutz-Chair, Barbara Cohen-Vice Chair, Lee Ledbetter, Jim Morrisson, Laurie Williams, William Brennan-Township Solicitor
ALSO PRESENT: Mary Bird-Township Manager
7:30 PM Called to Order
Pledge of Allegiance
7:35 PM
PUBLIC PARTICIPATION: Mr. Josh Gould and Mrs. Mary Croke-Parris of the Phoenixville Area School District (PASD) Board were present to invite the Schuylkill Township Board to participate in a cross-municipality meeting sometime in January or February. Participants would include the School Board and representatives from the three (3) municipalities in the PASD. Discussions would encompass finances and various ways and means to encourage commercial development in place of residential development. Mr. Gould stated that these would be brainstorming sessions only; no formal resolutions or actions would be enacted through these meetings. Mr. Ledbetter accepted Mr. Gould’s invitation on behalf of the Board. Mr. Morrisson expressed the Board’s appreciation for the invitation.
Mr. Peter Mercuri, Pickering Glen HOA president, asked the Board if a HOA is constructed on a fraudulent basis, can it be dismantled and reorganized? He stated his question was based on his opinion that documents provided to the HOA by Pulte initially were different from subsequent documents; an October 11, 2000 address listing included fifty (50) lots including the two farm lots and the farm lot owners accepted individual agreements. Mr. Brennan responded to Mr. Mercuri, stating that the Township is not directly involved; although the Township has been trying to assist the Pickering Glen HOA in other matters, it has no jurisdiction in whether fraud has occurred in the setup of the HOA and is not responsible for HOAs. Mr. Mercuri inquired if the Township was responsible for trail documents. Mr. Brennan said he would investigate but it was not a matter which could be solved at this meeting. Mr. Mercuri asked that members of the Board have a meeting with the Pickering Glen HOA. Mr. Ledbetter responded that the Board members were not lawyers and cannot offer an opinion on the matter. Mr. Ledbetter went on to state that he was not sure how the Township can help other than to offer access to any documents held in its files. The Pickering Glen HOA would have to obtain legal advice from its counsel. Mr. Mercuri then inquired if it was necessary to come before the Board to establish a new HOA. Mr. Brennan informed Mr. Mercuri that an HOA cannot be arbitrarily discarded; it is an established legal process. Mr. Vutz added that the Township’s concerns extend only to compliance with codes and ordinances. Mr. Ledbetter then questioned Mr. Mercuri as to what end would the change would serve. Mr. Mercuri responded that, mainly, it would get all the HOA documents in line. Mr. Ledbetter then requested of Mr. Mercuri an action item; to frame out what needs to be accomplished; come back and present it to the Board which would then determine if the Township Solicitor’s opinion was warranted.
7:47 PM
A motion to approve the Minutes of November 5, 2008 Regular Board of Supervisors Meeting and Minutes of November 12, 2008 Budget Workshop No. 3 was made and approved as follows.
Moved: Vutz Second: Williams Approval: Unanimous
A motion to approve the Treasurer’s Report as read with a total of $2,922,977.95 in various Township accounts as of November 30, 2008 was made and approved as follows.
Moved: Ledbetter Second: Vutz Approval: Unanimous
Mr. Ledbetter asked Ms. Bird, Township Manager, if the Horseshoe Point Escrow was complete. Mr. Brennan interjected; asking if the proper recipient of the monies had been checked (developer or the company that did the remedial work). The developer is requesting the check but Mr. Brennan suggested that both names (Benson & PVC) to ensure the proper delivery of funds. Mrs. Williams questioned the escrow amount; the line item on the Treasurer’s Report shows $6,600.00; however, the escrow invoice is only for $1,426.00. Mrs. Williams asked what is the remaining amount being held against? Mr. Ledbetter asked the Township Engineer to investigate on what monies are being held against escrow and to report back to the Township Manager. Mr. Brennan requested that a copy of the paperwork/file be forwarded to his office.
A motion to approve the payment of Township Bills as presented on Statement of Expenditures, Encumbrances & Appropriations for Period Ending November 30, 2008 was made by Mr. Vutz. Mrs. Williams stated she approved payment of all invoices with the exception of $10,812.48 to Lamb McErlane and asked that the bill be reviewed in Executive Session. Mr. Vutz stated the vendor did the work and expects to be paid. Mr. Morrisson added that McErlane had provided a very detailed invoice and seconded the motion to pay Township Bills. Mrs. Williams made an amended motion to pay Township Bills withholding the Lamb McErlane payment pending a review of the McErlane invoice in Executive Session which was approved as follows:
Moved: Williams Second: Cohen Approval: Cohen, Ledbetter, Morrisson Williams.
Dissent: Vutz
The Board announced the next and final budget meeting would be held on December 17, 2008 from 7:30 pm to 8:00 pm at the Township Building, immediately preceding the Planning Commission meeting.
8:00 PM
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Mrs. Williams questioned Chief Fetterman regarding the Schuylkill Elementary School walking club which, according to her information, had been told by the police to stop walking along the front of the school adjacent to S. Whitehorse Road. Chief Fetterman replied that, as far as he knew, none of his officers had done this. Mrs. Williams said that the principal of Schuylkill Elementary School was sure the police had curtailed the activities of the club. Mr. Ledbetter asked Mrs. Williams to correct the principal and to let him know that a meeting could be set up to resolve any remaining confusion.
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Bid Openings. Clothier Springs Culvert Manufacture & Delivery; Clothier Springs Culvert Replacement, Jug Hollow Culvert Liner Installation.
The following bid for the Clothier Springs Road Culvert Manufacture & Delivery was received and opened by the Board.
* Contech Bridge Solutions, Inc. $47,800.00
A motion to accept the Contech Bridge Solutions bid of $47,800.00, pending review and approval of Township Engineer, was made and approved as follows:
Moved: Vutz Second: Ledbetter Approval: Unanimous
The following bids for the Clothier Springs Culvert Replacement were received and opened by the Board.
* DiRocco Brothers, Inc. $152,878.00
* Ply-Mar Construction, Inc. $118,600.00
* Passerini Construction, Inc. $115,000.00
* Wexcon, Inc. $131,170.00
* Bertolet Construction Corporation $139,239.00
* P.J. Reilly $173,570.00
* N. Abbonizio Contractors, Inc. $153,595.00
* Pedrick Sitework $162,000.00
* Melchiorre Construction Company $120,000.00
* B&J Excavating, Inc. $120,000.00
The following bids for the Jug Hollow Road Culvert Liner Installation were received and opened by the Board.
* Bi-State Construction Co., Inc. $124,430.00
* DiRocco Brothers, Inc. $ 61,900.00
* Ramos & Associates, Inc. $111,900.00
* Mar-Allen Concrete Products, Inc. $ 85,620.00
A motion to request the Township Engineer, the Township Manager and the Roadmaster to review all the bids received for the Clothier Springs Culvert Manufacture & Delivery job, the Clothier Springs Road Culvert Replacement job and the Jug Hollow Road Culvert Liner Replacement job for completeness and accuracy, to check references and make award recommendations to the Board was made and approved as follows:
Moved: Ledbetter Second: Cohen Approval: Unanimous
Graham Road. Mr. Morrisson reported on the status of his meetings with residents of Graham Road on repair and returning road to residents. Mr. Morrisson stated that the residents want closure on the issue. Mr. Morrisson suggested the residents attend the next budget meeting, the January Board meeting or set up a work session with the Board. Mr. Ledbetter asked Mr. Morrisson to do the meetings with the Roadmaster involved. Mr. Cinciripino said he would do so, but would like to include the equipment rental contractor for accurate pricing information. Mr. Morrisson went on to say the consensus of the residents of Graham Road is they want the road to remain public but are willing to pay 50% of repair/improvement costs.
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Evan Taylor Firefighter of the Month
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Board Email Addresses. Township Manager questioned the Solicitor on the possible legal issues which may come up with the use of business email addresses for Township business. Mr. Brennan responded that there was no major risk except if, for some reasons, email records were subpoenaed. He did recommend, however, that the Board members use their personal email addresses for Board/Township business.
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No hearings scheduled for December.
Mr. Vutz asked about the letter from Mr. Snyder on the Pohlig/Reeves property. Mr. Brennan replied that Mr. McErlane will make a recommendation on how to proceed.
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CitySwitch. The foundations reinforcing steel has been delivered but not installed; no other work has been done. The Township received a letter from Mr. Ozorowski stating that survey monuments had been covered up during work at the Valley Forge Sewer Authority (VFSA). He requested that the monuments be restored by the Sewer Authority. Mrs. Williams will bring his request up at the VFSA Board meeting and respond to Mr. Ozorowski.
POSTED.
Next meeting on December 15, 2008 at 7:00 p.m. in Township Building.
Ms. Momyer informed the Board that the Historic Commission will have a consultant at their next meeting to discuss and review making the Township preservation ordinances more resident friendly. The Board asked that any conclusions reached by the Historic Commission concerning Township ordinances be forwarded to Mr. Brennan for review.
POSTED.
Next meeting on December 16, 2008 at 7:30 p.m. in Township Building.
Mr. Ledbetter commended Mr. Ian Plant of the EAC for pioneering the use of technology in a recent EAC meeting. The GIS and other information had tremendous impact.
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Next meeting on December 29, 2008 at 7:30 p.m. in Township Building.
Mr. Morrisson presented a question to the Board regarding whether the Township would be willing to purchase open space directly from an HOA. Pickering Glen has two large lots. Mr. Ledbetter stated that the challenge is who speaks for a particular HOA? He added that a point for consideration is that the HOA would have to make a valid offer. Mr. Morrisson suggested the Open Space Commission should approach HOAs regarding conservation easements. Mr. Brennan mentioned that, if the subject lots are restricted within the HOA charter, easements are not necessary. A resident of the Township cautioned the Board to be careful—if the Township purchases one lot, is it obligated to take all from any HOA? Mr. Ledbetter then polled the Board regarding taking action on this subject. There were three nays with Mr. Vutz adding the comment that preserving open space within a development is the purpose of the HOA. Mr. Ledbetter summarized by saying that this is not an action the Board is willing to undertake at this time but if an opportunity comes up, it should be presented formally to the Board for consideration.
Mr. Ledbetter tasked the Open Space Commission to update the 1992 Open Space Plan map to reflect, at minimum, parcels which have been developed.
Mr. Morrisson reported there have been seventeen (17) deer-related incidents reported in Township over the past month. Mr. Morrisson is speaking to an interested volunteer to take over the Deer Management committee; he will follow up and report to the Board. Mr. Morrisson then mentioned that the Valley Forge National Historic Park Deer Control document is still being developed.
POSTED
Next meeting on December 29, 2008 at 7:30 p.m. in Township Building
Reeves/Pohlig. Traffic Study for the extension of E. Philip Drive is done and was submitted.
Mr. Vutz reported that labor negotiations have started at the Valley Forge Sewer Authority as the contract expires at the end of calendar year 2008. He also reported that there has been no construction activity at the CitySwitch site.
Mrs. Williams reported that the budget has been approved.
VFNHP Steering Committee. Nothing to report.
GVTMA. Nothing to report.
American Revolution Center. (ARC). Opposition Committee to ARC has filed suit in Federal Court to halt development of ARC
No meeting in December.
McMasters Ad Hoc Services Contract. Mr. Ledbetter reported that this contract would be for ad hoc use of legal services (similar to KSK contract). Will only be put in place if all municipalities on Commission concur and approve. Mr. Ledbetter made a motion that he (Mr. Ledbetter) should sign the contract on behalf of the Schuylkill Township Board if all municipalities on the Regional Planning Commission agree to the contract being put in place.
Moved: Ledbetter Second: Cohen Approval: Unanimous
Mr. Brennan reported on the following:
CitySwitch. Matter proceeding
Levin. Case in discovery.
Polte. Case has moved to discovery
Potters Pond. In litigation.
Fire Suppression. Waiting on Pennsylvania Supreme Court.
8:50 PM
Mr. Todd Pohlig and Mr. John Snyder were present.
Letter of Extension. A motion to accept the Letter of Extension on the Reeves Property to February 6, 2009 submitted by Pohlig Builders on November 25, 2008 was made and approved as follows:
Moved: Ledbetter Second: Cohen Approval: Unanimous
Mr. Brennan reported that he and the developer had a discussion and Pohlig is looking for an “up and down” vote at the February meeting. Mr. Snyder, counsel for Pohlig, then stated that the Zoning Hearing Board will make its decision in January; he hopes the Planning Commission’s decision will be made at the December meeting – the latest should be January so the Board should have time to review before the February meeting.
Mr. Morrisson mentioned that the Historical Commission’s and Environmental Advisory Committee’s input was needed. Mr. Snyder replied that he thought the EAC discussion was to be held at tonight’s meeting. Ms. Gregory, Chair of the EAC, invited Mr. Snyder to the 12/16/08 EAC meeting. Mr. Snyder replied that he had the EAC recommendations in hand; he would like to discuss with the Board. Mrs. Williams asked Mr. Snyder to summarize the issues and then attend the EAC meeting.
Mr. Snyder reported that, in general, no changes would be made to the proposed plans based on the EAC comments. Mr. Brennan inquired if there were any ordinance-level issues requiring zoning relief or variances. Mr. Snyder replied there were none; issues were: wetlands-has been worked out with Aqua; preservation of specific trees-already in plan to be preserved; tree removal-plan already in place to attempt to save as many trees as possible. Mr. Brennan then questioned whether lawyers on the EAC could isolate zoning issues/SALDO violations on plan? Mr. Morrisson reported that there were eighteen (18) recommendations in the EAC’s letter. Three (3) were notable: (A) Environmental Impact Assessment imperative – Aqua wetlands; (B) DEP Bridge Permit assessment and (C) written proof of Aqua PA’s concurrence with a 75’ buffer.
Mr. Brennan asked, with regard to the DEP permit, how hard it would be to get an individual permit. Mr. Snyder replied that it would be no problem, although he did not expect Pohlig would need one.
Mr. Brennan stated that he would talk to Mr. Steve Frasch of the EAC and go over the letter of recommendations authored by the EAC. Mr. Vutz then asked if Pohlig would go back to the EAC to resolve the issues. Mr. Pohlig responded they would be happy to go back but thought it was important to go through items tonight. Mr. Vutz replied that the Board was not prepared to do so. Mr. Snyder stated that Pohlig will give a short written response to each item highlighted in bold in the EAC letter prior to the EAC’s December 16, 2008 meeting.
Mr. Brennan then suggested the Board table any further discussion for an Executive Session. The Board concurred and the discussion was closed.
9:25 PM
Easement Request-Ms. Louise Symington. Ms. Symington reiterated her request from last month’s Board of Supervisors’ meeting for an easement through Pickering Preserve for the purpose of installing a sewer line connection to her house. The Board repeated its decision not to grant the easement since it is not a Township obligation and informed Ms. Symington that the Chester County Health Department would get involved in the event her on-lot septic system should fail. Ms. Symington objected strongly, stating that her system has not failed; she simply wants to switch from her present septic to a public sewer system. Mr. Vutz told Ms. Symington he understood, but did not want to set any precedent in granting such an easement for a non-emergency/non-essential line. Ms. Symington again objected strongly and discussion ensued. Mr. Vutz closed the discussion by stating that the easement had not and would not be granted, and there was no action required by the Board at this time.
Walking Path Update: Ms. Cohen and Ms. Bird attended a meeting with Mr. Keith Wickstrom of the PASD, a representative of the DVRPC and Mr. Paul Shultes of PennDOT. It was determined that it is not possible to begin the Trail at the edge of School District property on Rte. 29, which would be the starting point based on the failure of the Phoenixville Area School District Board to grant an easement.
Mr. Ledbetter posed a question to Mr. Brennan; if the Township is aware that children are using uncontrolled crossing points and trespassing to do so; if the Township attempted to resolve the issue and was prevented from doing so by the School District failure to grant an easement; can the Township walk away from the project without incurring liability? Mr. Brennan responded that the Township is immune to liability, even with the foreknowledge mentioned by Mr. Ledbetter. Mr. Brennan then suggested that the Township Board send a letter to the PASD Board and the YMCA stating that the Township had been advised of a potentially dangerous situation regarding children crossing the road; that the Township attempted to resolve the problem but was not successful, and suggest they take action to address the dangerous situation. Mr. Brennan then reiterated that, at this point, there is no action the Township can take and that the Township is not liable for people not following rules of safety.
A motion was made to send the letter suggested by Mr. Brennan to the Phoenixville Area School District Board and the YMCA.
Moved: Cohen Second: Vutz Approval: Cohen, Ledbetter, Vutz
Dissent: Williams Abstain: Morrisson
10:00 PM
Nothing to report.
Ms. Cohen reported that she and Ms. Sandy Momyer are pursuing potential funding opportunities. She requested that the Board consider a joint public outreach meeting with the School Board sometime early in 2009. Mr. Brennan then mentioned that he had received a draft lease agreement from the School Board’s attorney. While it generally follows the term sheet he has some concerns on certain items. He would like the Board’s permission to negotiate certain points and work with Ms. Cohen on confirming that the lease agreement is in line with the term sheet conditions. The Board concurred.
Mr. Ledbetter reported that the estimate for the pond reclamation was more than anticipated; it will be broken into a 3-phase project. The Township Engineer, Township Manager, Mr. Ledbetter and Westrum will have to work out the best way to approach the breakdown of the bid and make sure all steps line up in accordance with DEP provisions.
Mr. Brennan suggested that this was better discussed in Executive Session.
Ms. Gregory, EAC Chair, then questioned whether it was known if a wetland could even be created at the pond site. Mr. Sartor of Gilmore & Associates stated that the soil borings were done some years ago; a concern is interaction with ground water when excavating. Ms. Gregory again questioned the ability of the site to be a self-sustaining wetland; that concerns had been raised that the soils are not hydric and there is not enough water to sustain a viable wetland. Ms. Gregory stressed the importance of confirming the viability of this site prior to taking dedication; if the Township takes the permit and the selected site does not work, then the Township is responsible for creating a wetland elsewhere. Mr. Ledbetter suggested these concerns should be raised with Mr. Adam Brower—that he should be asked to defend his design. Mr. Ledbetter then expressed his displeasure at this issue being brought before the Board at the eleventh hour, so to speak, and strongly encouraged Ms. Gregory, as the EAC representative, to engage projects in their early stages. Mr. Sartor suggested that the EAC should conduct dialogues with the project engineer. Ms. Gregory stated that this has been happening. No further discussion ensued.
No agenda items.
No action/no discussion.
10:40 PM A motion to convene an Executive Session was made and approved as follows:
Moved: Ledbetter Second: Morrisson Approval: Unanimous
11:40 PM
The Board reconvened the regular meeting. It was reported that various legal matters had been discussed. Regarding the Lamb McErlane invoice, it was the decision of the Board to pay the McErlane invoice included with the Township Bills for the period ending November 30, 2008 for Zoning Hearing Board litigation work.
11:45 PM
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