SCHUYLKILL TOWNSHIP
BOARD OF SUPERVISORS
MEETING DATE: February 4, 2009

BOARD MEMBERS PRESENT:
Norman Vutz, Chair; Barbara Cohen, Vice-Chair; Lee Ledbetter; Jim Morrisson, Laurie Williams;
William Brennan, Township Solicitor, John Sartor, Township Engineer

Also present:  Mary Bird, Township Manager; Nick Cinciripino, Township Roadmaster, Rick Beittel, Jr., Fire Chief and Jim Fetterman, Chief of Police.

7:30 PM  

Called to Order
Pledge of Allegiance

7:35 PM 

PUBLIC PARTICIPATION:    Mr. Walter Ozorowski addressed the Board regarding his request to have the Township compel the Valley Forge Sewer Authority (VFSA) to replace the survey monuments on his property at 331 Pawling Road which were removed and/or relocated during work done at the Valley Forge Sewer Authority.  Mr. Vutz informed Mr. Ozorowski that his request had been addressed in a previous meeting and that Mrs. Williams had been charged to take the matter to the VFSA Board.  Mr. Ledbetter requested that the Township Secretary forward a copy of the appropriate meeting minutes to Mr. Ozorowski.  Mrs. Williams stated she had tried to contact Mr. Ozorowski several times but was unsuccessful and confirmed his contact information.  Mr. Ozorowski then requested the Board to also work with the VFSA regarding stormwater issues on his same property which he believes are also caused by work be done at VFSA. Mr. Ledbetter asked Mrs. Williams, as Board liaison to the VFSA, to follow up on this matter as well.

ANNOUNCEMENTS:   Ms. Cohen announced that flyers were available in the meeting room for the Black History event at the Foundry regarding Phoenixville’s involvement in the Underground Railroad.

7:40 PM

AGENDA

Minutes

Approval of Minutes of the January 5, 2009 Reorganization Meeting of the Schuylkill Township Board of Supervisors with the correction of Mr. Dan Reese being reappointed to a five year term on the Valley Forge Sewer Authority Board

Moved: Vutz          Second:  Cohen         Approval:  Unanimous

Approval of Minutes of the January 5, 2009 Regular Meeting of the Schuylkill Township Board of Supervisors.

Moved: Cohen        Second:  Morrisson   Approval:  Unanimous

Approval of Minutes of the January 14, 2009 Special Meeting of the Schuylkill Township Board of Supervisors regarding Public Discussion of the proposed Reeves property/Pohlig development.  Approval of the January 14 Special Meeting Minutes was deferred to the February 4 Board meeting upon the request of Mrs. Williams for further review.

Moved: Williams    Second:  Morrisson   Approval:  Unanimous

Treasurer’s Report:

Approval of Treasurer’s Report as read with a total of $2,730,844.81 in various Township accounts as of January 31, 2009.
Moved:    Ledbetter  Second:  Cohen  Approval:  Unanimous                  

Township Bills:

Approval of Payment of Township Bills as presented on Statement of Expenditures, Encumbrances & Appropriations for Period Ending 01/31/2009.  Discussion ensued regarding invoices presented by Karl & Associates for professional services associated with Schuylkill School and Lamb McErlane for the Reeves Property Zoning Hearing Board Challenge.  Mrs. Williams requested a review in executive session.  A motion to approve payment of all bills with the exception of the Lamb McErlane invoice until discussed in executive session was made.

Moved:                   Cohen      Second:  Ledbetter                      Approval: Cohen, Ledbetter, Morrisson, Vutz                 Dissent:    Williams 

8:00 PM

REPORTS

Township Manager

POSTED
Resolution No. 2009-04 To Set Compensation of Elected Township Tax Collector.  Mrs. Williams questioned the rate proposed in the resolution of $5.00 per tax bill generated, mailed and collected by the tax collector and suggested the rate be changed to $3.00.  Mr. Ledbetter concurred, stating that the Township could, over the next four years, investigate tax collector compensation as set in neighboring Townships.  A resident suggested the position be put out to bid.  Mr. Brennan informed the resident that the tax collector is an elected official and, as such, cannot be bid out.  Mrs. Williams made a motion to change Resolution No. 2009-04 to a compensation figure of $3.00 per bill which was seconded by Mr. Ledbetter.  Mr. Morrisson mentioned that, with the current state of the economy, it would be harder to collect taxes and he would prefer not to disincline collections by a compensation set too low.  Mrs. Williams suggested the difference be split and compensation be set to $4.00.  Ms. Cohen agreed with Mr. Morrisson and suggested the Board accept the Resolution as written.  A motion to pass Resolution No. 2009-04 To Set Compensation of Elected Tax Collector at $5.00 per tax bill generated, mailed and collected was made.

Moved:  Morrisson         Second:  Cohen                  Approval:  Cohen, Morrisson, Vutz          Dissent: Ledbetter, Williams

The Board asked Mr. Brennan to review the Resolution to ensure that compensation is based upon tax payments received.

Police:

POSTED
Approval of Ordinance No. 2009-01 as advertized for the purpose of installing additional stop signs eastbound and westbound on Dogwood Drive.

Moved:  Ledbetter  Second:  Vutz           Approval:  Unanimous

Roads:

POSTED
Mr. Ledbetter commended Mr. Cinciripino and the Township Road crews for an outstanding job of clearing the roads during the January storms.

Fire:

POSTED
Jonathan Shepsko  Firefighter of the Month
Chief Beittel invited residents to review the various social events on the fire company’s website, www.valleyforgefireco.com .

Emergency Management:

POSTED
Ms. Cohen commended Mr. Honigman for his excellent work in reaching out to PennDOT regarding the Rte. 252 bridge closing.            On behalf of Mr. Honigman, Ms. Cohen announced that there would be EM Training, open to all Township residents, at the Township Building on Saturday, April 25th.  Further details will be forthcoming.

Recycling:

POSTED

Township Administration:

POSTED

Zoning Administration

POSTED
Ms. Megan King, attorney for Cricket Communications, was present for discussion with the Board regarding Cricket Communications planned appearance before the Zoning Hearing Board on February 19 concerning a “temporary” 100+ foot telecommunications tower near the Norfolk Southern rail yard.  Cricket Communications will be using this as a test site as they investigate locations at other sites for a permanent tower.  Mr. Brennan advised the Board that the applicant should agree in their application to the Zoning Hearing Board to a specific clear and closed-ended time frame and that Cricket Communications should escrow the cost of removal in the event they exceed the stated time limit.  Mr. Ledbetter asked if the temporary tower would meet the Township’s fall zone height requirements.  Ms. King informed the Board that the temporary tower is designed to collapse on itself vertically.  No further discussion ensued; no action required at this time by the Board.

Approval of 2009 Building Permit Fees  A motion to approve by resolution the 2009 Building Permit Fee Schedule.

Moved:  Ledbetter    Second:  Cohen         Approval:  Unanimous

Zoning Hearing Board:

There is a meeting scheduled for February 19, 2009 at 7:30pm in the Township Hall to discuss Cricket Communications application for a temporary telecommunications tower.

Code Enforcement:

POSTED

Historic Commission

POSTED
The next meeting is on February 16, 2009 at 7:00pm.  Ms. Momyer reported that the review of Township historic ordinances is continuing.

Environmental Advisory Committee:

POSTED
The next meeting is February 24, 2009 at 7:30 pm.  Mr. Morrisson initiated discussion on a proposed letter to PA DEP Acting Secretary John Hanger regarding DEP’s SERO position on Exceptional Value Wetlands status regarding Pickering Reservoir.  The letter was drafted by Mr. Stephen Kunz of the Township’s Environmental Advisory Council and Mr. Morrisson concurs with Mr. Kunz on the need to send it as soon as possible.  Mr. Vutz asked Mr. Brennan who should be the signatory on the letter; Mr. Brennan advised it would be most appropriate for the Township Manager to sign the letter.  A motion to forward the DEP SERO letter addressing Exceptional Value Wetlands status regarding Pickering Reservoir on Schuylkill Township letterhead, signed by the Township Manager, to Mr. John Hanger was made.

Moved:  Cohen          Second:  Ledbetter    Approval:  Unanimous

Open Space Commission:

POSTED
The  next meeting is February 23 at 7:30.  Mr. Mauch reported that the Committee is initiating a candidate search to fill the opening on the Open Space Committee.  The Committee is continuing conversations with interested landowners.  As required by the Board, Mr. Mauch then asked for approval to release $10,000.00 from Open Space funds for advisory services.  A motion to release up to $10,000.00 from Open Space funds was made.

Moved:  Ledbetter  Second:  Cohen         Approval:  Unanimous

Deer Management:

Mr. Morrisson reported that the total deer reduction figure in Schuylkill Township, as reported by the Whitetail Associates Hunting Club,  was lower than last year (74 vs. 100).  He hopes to the get the number up for next year by negotiating access with private landowners adjacent to Pickering Preserve.

Planning  Commission:

POSTED

VFSA:

Ms. Williams was unable to attend the Valley Forge Sewer Authority monthly meeting. Mr. Vutz reported that, as yet, there is still no contract with the employees.  Mr. Vutz informed the Board that Chester County has approved the expansion plans at the plant.

Joint Board:

Nothing to report.

Regional Planning Traffic:

The DVRPC draft of the Rte. 422 plan is currently being circulated for comments.  Mr. Ledbetter volunteered to review the plan for Schuylkill Township.

Ms. Cohen informed the Board that the GVTMA will hold a meeting in the Schuylkill Township Hall on March 16, 2009 at 2:00 PM.

Regional Planning Commission:

Nothing to report; Mrs. Williams informed the Board that the January meeting was cancelled due to inclement weather.  The next meeting is February 25, 2009 at 7:30 pm.

Solicitor:

City Switch-Mr. Brennan recommended that the Township accept mediation.
                               
Levin Property-Mr. Brennan asked the Board to approve funds to engage a surveyor in order to prepare an appraisal.  Mr. Ledbetter made a motion to approve funding for a surveyor not to exceed $7,900.00 with the caveat that the Township Solicitor attempt to negotiate a lower price.

Moved:  Ledbetter  Second:  Cohen         Approval:  Cohen, Ledbetter, Morrisson, Vutz   Dissent: Williams

9:10 PM

SUBDIVISIONS/LAND DEVELOPMENT

Former American Inks Property:

Ratosky & Trainor, Inc. – FEMA CLOMR-F application. Mr. Robert Ratoskey, in partnership with Delaware Valley Paving, petitioned the Board to sign the Community Acknowledgement Form (FEMA CLOMR-F) for their proposed development at 330 Pawling Road (former American Inks  & Coating property).  He stated that, in his opinion, he needs to file this form with FEMA in order to move ahead with the project.  He informed the Board that the partnership of Ratoskey & Delaware Valley Paving understands that this would not give them any Township approvals or permits and that they must still appear before the Environmental Advisory Council, the Planning Commission, the Zoning Hearing Board and the Board of Supervisors for all applications and approvals.  The Board questioned the Township Solicitor on whether the language on the form should be changed to strengthen the position of the Township and ensure none of its zoning rights would be given up.  Mr. Brennan does not want FEMA to override the Township on any project and he cannot recommend signing the form without the Township Engineer reviewing the plans.  Mr. Ledbetter made a motion to approve the release of the Community Notification Form with appropriate modifications in the language of the form to provide adequate protection to the Township.

Moved:  Ledbetter  Second:  Williams     Approval:  Unanimous

Reeves Property:   

Letter of Extension from Mr. John Snyder of Saul Ewing on behalf of Pohlig Builders, LLC to Ms. Mary Bird, Schuylkill Township Manager, dated January 29, 2003 regarding Reeves Property (Sedgley Farm).  The extension shall be until, the earlier of, sixty days after final adjudication of the Appeal and Cross-Appeal of the decision of the Zoning Hearing Board or sixty days from written notice from Pohlig Builders, LLC to the Board of Supervisors for a request for a decision.  A motion to accept the letter of extension as stated above was made.

Moved:  Ledbetter  Second:  Morrisson   Approval:  Unanimous

9:25 PM             
Mr. Morrisson made a motion to convene an Executive Session to discuss various matters concerning the Reeves property proposed development.

Moved:  Morrisson Second:  Williams     Approval:  Unanimous

9:30 PM

Mr. Vutz reconvened the meeting and reported that matters concerning the Zoning Hearing Board decision on the Reeves property were discussed. A motion to appeal the Zoning Hearing Board decision on the Reeves property was made.

Moved:  Morrisson Second:  Williams     Approval:  Ledbetter, Morrisson, Williams, Vutz

Ms. Cohen was not present for the motion.

A second motion to take action to defend the appeal of the Zoning Hearing Board on the Reeves property was made.      

Moved:  Morrisson Second:  Vutz           Approval:  Unanimous

Phoenixville YMCA:

Escrow Release #1. With the recommendation of the Township Engineer, a motion to reduce the escrowed Letter of Credit by $403,658.84 to the new amount of $54,530.73 was made.

Moved:  Williams   Second:  Ledbetter    Approval:  Unanimous

9:40 PM

OLD BUSINESS

Historic Schuylkill School:

Update.  Ms. Cohen reported on the status of the proposed lease agreement with the Phoenixville Area School District (PASD) for the Historic Schuylkill School.  She stated that due to the downturn in the economy since the Schuylkill Township Board’s approval of the Term Sheet and the delay in obtaining a mutually agreeable draft of a lease agreement from the PASD, sources of funding for the restoration of the Schuylkill School have been greatly reduced and she cannot foresee meeting the PASD deadline on full funding guarantees for the restoration.  Ms. Cohen therefore recommended to the Board that Schuylkill Township not enter into a lease on the Historic Schuylkill School at this time.  The term sheet will expire on February 19, 2009.  A resident questioned if the automatic demolition included as a clause in the term sheet/lease was voided if the lease agreement was not executed.  The Board stated that the PASD would have to follow the same procedures as any other entity within the Township for demolition permits.  No further action was required by the Board.

Phoenix Wheel:

Update.  Ms. Cohen petitioned the Board to release the $2,500.00 pledged by Schuylkill Township during the 2009 Schuylkill Township budget process (conditional upon two (2) additional municipalities also contribute this amount).  Ms. Cohen reported that this condition has been met.  The Board consensus was to release the funds.

9:50 PM

NEW BUSINESS

ChesCo Assoc. of Township Officials:
Spring 2009 Convention. The Township Manager requested the Board members notify her by the March 4 Board meeting if they were planning on attending the March 12, 2009 convention.  Mr. Ledbetter and Mr. Vutz indicated they would not attend.

9:55 PM

A motion to convene an Executive Session to discuss potential and pending litigation matters was made:

Moved: Vutz          Second:  Ledbetter    Approval:  Unanimous    

11:45 PM          

The Board reconvened the regular meeting. Mr. Vutz reported that litigation matters and Real Estate acquisitions were discussed.  The following motions were made upon the Board’s return.

  1. Approval to pay the Lamb McErlane invoice.

    Moved: Ledbetter      Second:  Cohen       Approval: Cohen, Ledbetter Morrisson, Vutz   Dissent:  Williams  

  2. The Board clarified their previous action regarding submittal of the appeal of the Zoning Hearing Board opinion for the Reeves Property/Pohlig matter in that Lamb McErlane will be used to represent the Township in the appeal.

    Moved: Ledbetter      Second:  Cohen       Approval: Cohen, Ledbetter Morrisson, Vutz
    Dissent:  Williams

  3. The Board requested that the Township Solicitor pursue mediation proceedings with City Switch.

    Moved: Morrisson  Second:  Ledbetter          Approval: Ledbetter Morrisson, Vutz, Williams
    Ms. Cohen was not present for the motion.

12:00 AM  

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