MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: February 3, 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; Madeline Harbison, Township Secretary; Rick Beittel, Jr., Fire Chief;  Nick Cinciripino, Roadmaster; Jim Fetterman, Chief of Police; Bob Mauch, Open Space Committee; Dan Keogh and Morris Quigg, Planning Commission

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

ANNOUNCEMENTS:  
Census 2010, Mr. Vutz recapped the recent “2010 Complete Count” meeting which was attended by state, county and municipal officials.  Mr. Vutz shared some key points from the meeting for the 2010 Census: 1) it is critical to get accurate counts; 2) the 10-question form will be mailed to every known address; 3) people will be counted where they sleep, i.e., college students counted where they attend school, 4) the Census Bureau is seeking a municipal location for a staffed “help center”, and 5) the Census is recruiting local knowledgeable persons as follow-up enumerators to visit non-responsive households.  Mr. Vutz reiterated the critical aspect of obtaining correct counts as this can directly affect federal grant and program spending in the township.  He added that any household which does not mail back a questionnaire will receive a visit from a census worker.

Right-to-Know Law, Mrs. Williams reminded residents that the Pennsylvania Right-to-Know law gives them a tool to become more active in township government matters.

Schuylkill River Heritage Center,  Mrs. Cohen invited residents to attend a special event on February 9th at the Heritage Center in Phoenixville as the Superintendent of Hopewell Furnace National Park hosts a one act/one woman play called “Out of the Fiery Furnace” which showcases a woman’s life at Hopewell.

PUBLIC PARTICIPATION:   
Ms. Tara Handforth, 344 Drummers Lane, thanked the Board for their efforts in the action against the Cityswitch communications tower erected in the Norfolk Southern Railroad yard.  Ms. Handforth commended the Board for putting residents’ investment in the township and their safety first.

Mr. Peter Mercuri, 26 Saddlebrook Lane and President of Pickering Glen Home Owners Association (PGHOA) addressed the Board regarding the settlement of the lawsuit against Pulte Homes.  Mr. Mercuri stated that while he was relieved the lawsuit was ending, he was not entirely happy with the settlement.  He went on to say that, in his opinion, the owners of the two farm lots were following a different set of rules than those under which the PGHOA had to operate; specifically, the requirement that PGHOA maintain that section of a trail which traverses the Levin property.  Mr. Mercuri said that he felt a double standard was being employed because in his eyes the Levins were not maintaining their property to any kind of standard.  Mrs. Cohen interjected and requested that Mr. Mercuri hold any further comments until this item was reached on the agenda.

CONSENT AGENDA

  • Approval of Minutes of January 4, 2010 Reorganization Meeting and January 4, 2010 Regular Board of Supervisors Meeting. 
  • Approval of Treasurer’s Report for Period Ending January 31, 2010
  • Approval of Payment of Township Bills for Period Ending January 31, 2010
  • Acceptance of Department, Committee, Commission and Council Reports as posted and received by the Board of Supervisors.

Motion to approve Consent Agenda:  Mr. Vutz moved to approve the Consent Agenda.  The motion was seconded by Mr. Parry

Motion Vote: The motion passed 5-0-0


BOARD DISCUSSION ITEMS

  • Two-Minute Reports
    • Board of Auditors – Appointment Recommendation: 
      • Mr. Richard Loughery, on behalf of the Board of Auditors, recommended Ms. Martha Majewski, 1194 S. Evergreen Drive, for appointment as Township Auditor to fill the vacancy left by Mr. Lowell Carson’s resignation.  Ms. Majewski made a brief statement to the Board, thanking them for their consideration of her for the position and that she felt her background and position as a small business owner made her a good fit for the role as auditor.
      • Motion.    Mr. Vutz made a motion to approve Ms. Majewski’s interim appointment as Township Auditor.  Mrs. Cohen seconded the motion
      • Mrs. Williams asked Ms. Majewski if she could present the Board with monthly reports on Township expenditures; preferably using charts and graphs.  Mr. Loughery responded that was not within the purview of a Township Auditor; theirs was not the responsibility of a chief financial officer or controller but rather annual oversight of receipts and disbursements as well as general accounting practices.
      • Mr. Vutz asked Ms. Majewski if she was familiar with the state rules for municipal auditors.  Ms. Majewski responded that she was in the process of reviewing the requirements and would soon be up to speed with state regulations.   
      • Motion Vote.  The motion passed 5-0-0.
    • Phoenixville Area School District (PASD) Initiative: 
      • Mrs. Williams reported on the collaborative PASD initiative to explore avenues to increase commercial ratables in townships within the PASD boundaries.  LERTA (Local Economic Revitalization Tax Assistance Act) and school district tax abatements are under consideration by the PASD, and the concept of creating a “commercial corridor” along Rts. 23/724 was discussed at the last task force meeting.
    • Greater Valley Forge Transportation Management Association (GVFTMA): 
      • Mrs. Cohen reported on the January meeting of GVFTMA attended by her, Mary Bird, Township Manager and Jim Fetterman, Chief of Police.  Mrs. Cohen informed the Board that Congressman Joe Sestak, Representative Pennsylvania 7th Congressional District, obtained $700,000 for the Rt. 422 improvement project.  Mrs. Cohen also reported that a Metro Park task force has been created to explore the re-opening of a rapid transit line along the old Reading Railroad train corridor.
    • Treasurer’s Report: 
      • Mr. Parry reported that he had completed his evaluation of the 2010 budget and found it acceptable.  Mr. Parry made a recommendation to the Board that a three to five year budget plan should be created and adopted to better forecast and implement long-range plans and expenditures.
    • Phoenixville Regional Planning Committee (PRPC): 
      • Mr. Parry reported that the PRPC is currently reviewing the regional comprehensive plan with regard to minor revisions from its member municipalities. 
  • Old Business
    • Phase I Toonerville Trolley Trail – YMCA Easement Variables: 
      • A meeting was held with the YMCA for the purpose of obtaining easements for the continuation of the Safe Kids to School trail.  Mr. John Sartor presented the results of Gilmore & Associates’ feasibility study under which four (4) routes around and within the YMCA property were considered.  Gilmore’s analysis incorporated existing topography, environmental concerns, existing YMCA facilities and links to other parts of the township trails system.  Two of the four proposed routes were deemed unacceptable by the YMCA due to impacts on their facilities.  The final choice of trail placement will be based on a balance of cost and aesthetics.
      • Mrs. Williams questioned Mr. Sartor on the cost differential between the two trail placement options.  Mr. Sartor responded that Option A, a trail length of +/- 3600 feet, would be about $430,000; Option B, +/- 4400 feet, is estimated at $520,000.  Mrs. Williams asked why the existing macadam walkway in front of the way would not serve for pedestrian traffic.  Mr. Sartor responded that due to the amount of automotive traffic in and out of the YMCA facility, it was not considered the safest option for pedestrian traffic.
      • Mr. Parry commented that he felt the cost of the trail should not fall on township taxpayers.  Mrs. Cohen responded that the intent was to obtain grant monies to fund the construction of the trail and that the preliminary work currently being done had already been budgeted.  Mrs. Cohen went on to say that in order to be ready to apply for grants in 2011 to construct the trail, all prerequisite design and engineering would have to be completed in 2010 as required by the state.    
    • Historic Schuylkill School – Structural Evaluation – Hiring of Consultant: 
      • Mrs. Cohen reported on a meeting held with Debbie Dawson, Ron Willard, Dr. Burke Stevenson and Damion Sparr regarding the Historic Schuylkill School.  The meeting was held to discuss the need for a reality check on the feasibility of adaptive reuse of the building.  Mrs. Cohen stated that while the state Board of Education has approved remediation, restoration and adaptive reuse of the Historic Schuylkill School, the stability of the structure needs to be confirmed.  Ms. Dawson had recommended a contractor to investigate the walls and possible water problems.  A bid was received from the contractor, Spotts, Stevens & McCoy, for $3,600.00.  A second structural engineering firm was contacted but, as of the date of the Board meeting, no bid has been received.
      • Mr. Parry commented that he thought a report had been done on the structure in 1996 when the building was first deemed unusable by the school district.  Mr. Parry questioned the need for another report; asking if we were just updating the obvious.
      • Mr. Morrisson concurred, stating that before the township undertook any further action, the old study should be obtained and reviewed.  He added that he also thought while the school is a historic building with a potential for adaptive reuse, the last report was done 14 years ago so an additional survey may be warranted. 
      • Mr. Vutz commented that any bid should be accepted with a “not to exceed” caveat.
      • Motion.    Mr. Parry made a motion that no action be taken on this item until the March 3, 2010 Board meeting, that additional quotes be solicited during that time and the original structural survey report be obtained from the PASD.  Mrs. Williams seconded the motion.
      • Motion Vote.  The motion passed 5-0-0.
      • Ms. Debbie Dawson commented that Mr. Ron Miller may have a copy of the structural report and she would check on its availability.  Mrs. Cohen requested that the Township Manager follow up on this item with Ms. Dawson.
    • Naming of former Pasquale Property (PID 27-6-147-E & 27-6-147.1-E): 
      • Mrs. Cohen gave a brief history of the property when it was the Valley Park amusement park and its attendant rail/trolley line.  Mrs. Cohen put before the Board several options for naming the recently acquired property.  They were “Valley Park”, “Historic Valley Park” and “Anderson Park”.   Mrs. Cohen informed the Board that the Historic Commission favored naming the former Pasquale property “Valley Park” to commemorate this portion of its history. 
      • Motion.    Mrs. Cohen moved that the former Pasquale property now owned by Schuylkill Township (PID 27-6-147-E & 27-6-147.1-E) be named “Valley Park”.  Mrs. Williams seconded the motion.
      • Mr. Morrisson brought up the concerns of the County as it relates to first responders and the confusion which may entail having the Valley Park development, a new “Valley Park” across the street and both on Valley Park Road.  He also mentioned that in the history of these parcels, the amusement park and trolley line were in existence for perhaps eleven years whereas the land was owned by the Anderson family for over one hundred years.  Mr. Morrisson was in favor of naming the property “Anderson Park” to honor one of the township’s first families.
      • Fire Chief Rick Beittel addressed Mr. Morrisson’s concerns regarding first responders stating that when they are called out, the locations are given in order of address, cross street then development. 
      • Motion Vote.  The motion passed 3-2-0, with Mr. Morrisson and Mr. Parry dissenting.
  • New Business
    • Coexprise Agreement through Chester County for Electricity Providers
      • Motion.   A motion was made by Mrs. Williams to approve the signing on with Coexprise through Chester County to find the lowest electricity provider.
      • Motion Vote.  The motion passed 5-0-0.
    • Legal Matters:  Mr. Brennan gave a brief update on certain township litigation matters.
      • Pulte Homes/Pickering Glen – settled by resolution with settlement agreement accepted by the Pickering Glen Home Owners Association.
        • Mr. Mercuri again stated that while he was relieved to have the matter ended, he is still displeased with some of the negotiated terms, specifically the guaranty on the sidewalk repairs.
      • Levin – John Sartor’s deposition was February 2, 2010.  A trial date can be expected in about two months.
      • Higby – the trial is scheduled for February 17, 2010.
      • Reeves – nothing new to report.
      • Cityswitch – Mr. Brennan requested a discussion in executive session.
  • Resolutions/Ordinances
    • Resolution No. 2010-05:  Ratifying of the Chester County Municipal Waste Management Plan Revision. 
      • Motion.    Mr. Parry made a motion to ratify the Chester County Municipal Waste Management Plan Revision.  The motion was seconded by Mrs. Williams.
      • Motion Vote.  The motion passed 5-0-0.
  • Subdivisions/Land Development
    • Solty Property – Presentation by Jim Falco of property located on Kimberton Road. 
      • Mr. Jim Falco, developer, presented the Board with several concept plans for the property located at 305 Kimberton Road.  Mr. Falco was assisted by Mr. Ryan Costello, attorney, and Mr. Bruce Weinsteiger, Architectural Concepts. Mr. Costello said that the purpose of the presentation was to obtain preliminary input from the Board of Supervisors on which option(s) would work best within the township.  Mr. Weinsteiger described the plans for 1) a three story, 110 unit hotel; 2) a +/- 80,000 sf, three story climate-controlled storage facility; and 3) +/- 70 unit, three story senior housing development.  Mr. Costello briefly discussed various zoning issues for each concept plan and requested that the Board be polled for their preference on the plans presented.  Mr. Vutz stated to Mr. Costello that no Board opinion poll was to be construed as an unofficial preliminary approval of any plan.  Mr. Costello concurred and said Mr. Falco only wanted to know how the Board felt about each option.  Four of the five Board members felt a hotel would be the best option because of the proximity of the parcel to existing commercials, high value area improvements and the ratables to be gained.  The fifth Board member felt the community would be better served by a senior housing development.
    • Phoenixville Area School District – Final Approval. 
      • Motion.    A motion was made by Mr. Morrisson for conditional final approval of the plan as designed by Renew Design Group providing all outstanding items in the Gilmore letter dated January 20, 2010 are fully satisfied, no substantive changes are made to the plans, and no construction is to begin until all Americans with Disabilities Act (ADA) conditions are met and the township code enforcement officer is fully satisfied.  The motion was seconded by Mrs. Cohen.
      • Motion Vote.  The motion passed 4-1-0, with Mr. Vutz dissenting
    • Escrow Release #2 for the EDC Property – 1000 Township Line Road. 
      • Motion.    A motion was made by Mr. Vutz to approve Escrow Release No. 2 in the amount of $34,695.41 for the EDC property-1000 Township Line Road, based upon the recommendation of the Township Engineer, Gilmore & Associates on January 29, 2010, that the January 26, 2010 escrow release request by Hollenbach Construction, Inc. was generally reflective of the work performed to date on the project.  The motion was seconded by Mr. Morrisson
      • This release reduces the amount remaining in the escrow account to $249,204.89.
      • Motion Vote.  The motion passed 5-0-0.
    • Escrow Release #1 for the Wawa.
      • Motion.    A motion was made by Mr. Parry to approve Letter of Credit Reduction No. 1 for Wawa/CVS (Wawa Store #8024) in the amount of $1,015,347.28, based upon the certification by the Township Engineer, Gilmore & Associations on February 1, 2010 that the site improvements to date have been completed to the extent that the Letter of Credit may be reduced by $1,015.347.28.  The motion was seconded by Mr. Vutz.
      • This will reduce the remaining financial security to $112,445.85.
      • Motion Vote.  The motion passed 5-0-0.
    • Dr. Miller Subdivision Sewage Facilities Planning Module.
      • Motion.    A motion was made by Mr. Parry to approve the Sewage Facilities Planning Module for the Dr. Charles F. & Mary F. Miller subdivision to create one new single-family residential lot, 50 Diamond Rock Road.  The motion was seconded by Mr. Vutz.
      • Motion Vote.  The motion passed 5-0-0.
  • Additional Business
    • Executive Session.
      • Motion.    A motion was made by Mrs. Cohen at 9:35 pm to go into executive session for the purpose of discussing litigation issues.  Mr. Vutz seconded the motion. 
      • Motion Vote.  The motion passed 5-0-0.
      • Supervisors present for the executive session were Mrs. Cohen, Mr. Morrisson, Mr. Parry, Mr. Vutz and Mrs. Williams.  Also present were Mrs. Bird, Township Manager, Mr. Brennan, Township Solicitor.   Additionally, Mr. Stephen E. Raville, President and Chief Executive Officer of Cityswitch, was present to address the Board.
      • The public portion of the meeting was reconvened at 11:15 pm. Mr. Brennan reported that certain litigation issues were discussed.
    • Public Comment
      • Seven (7) residents of The Meadows at Valley Forge addressed the Board with their concerns regarding the Cityswitch communications tower located in the Norfolk Southern Railroad yard and urged the Board not to consider any settlement with Cityswitch other than the complete removal of the communications tower.  The residents then thanked the Board for their efforts to date on this matter.
    • Executive Session
      • Motion.    A motion was made by Mrs. Cohen at 11:25 pm to go back into executive session for the purpose of discussing personnel issues.  Mr. Vutz seconded the motion. 
      • Motion Vote.  The motion passed 5-0-0.
      • Supervisors present for the executive session were Mrs. Cohen, Mr. Morrisson, Mr. Parry, Mr. Vutz and Mrs. Williams.  Also present were Mrs. Bird, Township Manager, Mr. Brennan, Township Solicitor.

The public portion of the meeting was reconvened at 11:35 pm. Mr. Brennan reported that certain personnel issues were discussed.

    • Resolution No. 2010-03:  Code of Conduct for Board of Supervisors 
      • Motion.    Mr. Morrisson moved to approve Resolution No. 2010-03: Code of Conduct for Board of Supervisors with modifications as discussed.  Mr. Parry seconded the motion
      • Motion Vote.  The motion passed 4-1-0, with Mrs. Williams dissenting.
    • Resolution No. 2010-04:  Code of Conduct for Township Employees Communicating with the Board 
      • Motion.    Mr. Parry moved to table Resolution No. 2010-04: Code of Conduct for Township Employees Communicating with the Board until the March 3, 2010 Board of Supervisors meeting.  Mrs. Williams seconded the motion
      • Motion Vote.  The motion passed 5-0-0.

ADJOURNMENT
At 12:40 am, a motion was made by Mrs. Cohen to adjourn the meeting.  Mrs. Williams seconded the motion.  The motion passed 5-0-0

Next Board Meeting:  March 3, 2010  7:30 PM

Respectfully submitted,

 

Madeline M. Harbison
Township Secretary