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.
7:35 PM
Called to Order
Pledge of Allegiance
PUBLIC PARTICIPATION: None
7:40 PM
Approval of Minutes of December 3, 2008 Regular Board of Supervisors Meeting and Minutes of December 17, 2008 Budget Meeting.
Moved: Ledbetter Second: Cohen Approval: Unanimous
Approval of Treasurer’s Report as read with a total of $2,761,957.42 in various Township accounts.
Moved: Vutz Second: Ledbetter Approval: Unanimous
Approval of Payment of Township Bills as presented on Statement of Expenditures, Encumbrances & Appropriations for Period Ending 12/31/2008.
Moved: Cohen Second: Morrisson Approval: Cohen, Ledbetter, Morrisson, Vutz
Abstain: Williams
7:45 PM
A motion was made by Mrs. Williams to hear the Anderson Farm Dedication Discussion agenda item at this time rather than holding it later under the Subdivision/ Land Development portion of the meeting.
Moved: Williams Second: Morrisson Approval: Cohen, Ledbetter, Morrisson, Williams Dissent: Vutz
Mr. Rob Gunlach of Fox Rothschild LLP, representing Westrum, addressed the Board regarding the Anderson Farm improvements. He noted that the dedication needs to be completed in order to close Westrum’s construction loan. Westrum has agreed to all open conditions. Mr. Brennan briefly discussed the bond and insurance. Mr. Ledbetter asked where the easements stand for stormwater and was told that Ms. [Troani] was the only outstanding agreement. Mr. Ledbetter stated that needed to come to closure. Mr. Brennan will pursue with Ms. [Troani] to get her signature. Mr. Ledbetter asked that this be accomplished no later than the March 2009 Board of Supervisors’ meeting. Ms. Cohen inquired about Gilmore & Associates’ signoff. Mr. Brennan stated that they have signed off on the dedication.
A motion was made by Ms. Cohen and seconded by Mr. Ledbetter to approve Resolution #2009-03 accepting dedication of Anderson Farm with the condition of receiving a written release from Gilmore & Associates indicating completion of punch list items and that all points in the resolution have been fulfilled. Further discussion ensued regarding the Valley Park Road right-of-way. Several residents of Anderson Farm Road spoke up regarding concerns regarding dedication as it relates to trail easements on their property
8:00 PM
Mr. Vutz made an announcement that the present discussion was regarding the road dedication only and it did not relate to the trail easements. He then made a motion to amend the original motion to approve and sign Resolution #2009-03 by deleting the conditional requirements of Gilmore and to pass the resolution without encumbrance.
Moved: Vutz Second: Ledbetter Approval: Cohen, Ledbetter, Morrison, Vutz Abstain: Williams
Mrs. Williams abstained for two reasons: (1) her husband’s association with Fox Rothschild and (2) she stated she could not vote on the resolution without hearing from residents on their concerns about the trail easements. Mr. Ledbetter replied that the trail easement was not pertinent to the dedication issue.
Mr. Vutz recognized Mr. Parish McKittrick who was representing the Anderson Farm residents present at the meeting. Mr. McKittrick made a statement on how the easements running in the rear of the development’s lots would lower property values. He then brought up maintenance issues and liabilities and went on to state that the main concern of residents is loss of privacy, safety and security and voiced the opinion that the trail was an ill-conceived plan. The residents of Anderson Farm would like the Board to explore other solutions to avoid litigation.
Mr. Ledbetter responded to Mr. McKittrick stating that he took exception with the tone in which the presentation was presented and that the easement was clear and plain on the original development plans. The easements are a part of a trail plan that has been in place since 1992. Ms. Cohen joined the discussion, stating the Horseshoe Trail runs near her property and in the 30 plus years she has lived on the property; there has not been any problem with safety, security or privacy. Mr. Vutz added that when the Valley Forge Woods development went in, the same concerns were expressed by residents regarding the trail easements. Now, however, it is considered to be an amenity to the community and a value-add, not a loss to property values.
A resident asked about the possibility of changing the easement to run along the ROW of Anderson Farm Road. Mr. Ledbetter reiterated that the easements already in place tie in with the Township’s trail plan as indicated on the original development plans. Mr. Ledbetter indicated his disappointment that the Anderson Farm residents would consider “blowing up” the trail plan into which so much work had gone. Mr. Ledbetter then suggested that a representative of the Anderson Farm residents attend the EAC’s meeting to discuss the impact of the trail.
A resident of the Township then added that these were easements only and that, due to fiduciary concerns, it was unlikely that the Anderson Farm spur of the trail plan would be built anytime soon, but said it was commendable that the Anderson Farm residents attended the Board meeting to voice their concerns. Mr. McKittrick then requested that the matter be on the next Board meeting agenda
Mr. Ledbetter thanked the residents for attending but said the best course of action was that the residents’ representative meets with the EAC and then it could be decided if a slot on the Board agenda was needed.
Mr. Brennan brought the discussion to a close and thanked the Anderson Farm group for attending.
8:47 PM
Mr. Vutz called a ten-minute recess
9:00 PM
The Board of Supervisors meeting was reconvened.
Special meeting to be scheduled to discuss Reeves Property
Mr. Ledbetter requested that the Board address the Special Board Meeting date agenda item while residents of the Township were still present. He polled the Board members for availability. All members are available on January 14, 2009 with the exception of Ms. Cohen, who will be out of town. A motion was made to advertise the Special Board Meeting for Thursday, January 14, 2009 at 7:30 PM in the Township Hall.
Moved: Vutz Second: Ledbetter Approval: Cohen, Ledbetter, Morrison, Vutz Abstain: Williams
POSTED
POSTED
Stop Sign Request – Dogwood & Hawthorne
Mr. Dean Walters represented the residents of Dogwood Estates and presented their request to convert the current two-way stop sign to a four-way stop sign. Mr. John Treleski, a Dogwood resident, added that the amount of traffic and speeds affects more than just children; there is a good bit of recreational foot traffic. Mr. Morrisson asked about the number of accidents at the site. Mr. Treleski said there have been none as yet. Mr. Ledbetter added that, while stop signs are an inexpensive way to initiate speed control, they provide a false sense of security because, invariably, certain drivers start to ignore stop signs which puts crossing pedestrians in real danger. Speed calming measures are a better choice, but they are not enforceable. Additionally, installation of speed bumps present problems to emergency vehicles. Mr. Brennan discussed requirements for a traffic study at the site; Mr. Fetterman, Chief of Police, stated that there were not enough cars to warrant a study. Mr. Ledbetter asked if a traffic study should be done at $1500.00; this did not go forward.
A motion was made to write and advertise an ordinance to convert the current two-way stop sign at Dogwood & Hawthorne to a four-way stop.
Moved: Ledbetter Second: Williams Approval: Cohen, Ledbetter, Morrisson, Williams Dissent: Vutz
POSTED
Graham Road
Mr. Cinciripino reported that the work was going forward on the Graham Road maintenance. Borings have been done and the Township Manager is setting up a meeting with the Roadmaster, paving contractor and residents.
Mr. Ledbetter asked Mr. Brennan to look into several legal matters regarding the Graham Road situation.
POSTED
Barry Bussell – Firefighter of the Month
POSTED
POSTED
POSTED
Right to Know Policy Resolution #2009-02.
Ms. Cohen read Resolution #2009-02 on the appointment of Mary R. Bird as the Township Open Records Officer. Mr. Brennan clarified for the Board what does and does not constitute an open record. A motion to approve Resolution #2009-02 was made.
Moved: Cohen Second: Williams Approval: Unanimous
POSTED
Reeves property opinion to be rendered 1/12/09 at 7:30 PM-date may be changed due to scheduling conflict.
POSTED
POSTED
Meeting on 1/19/09 at 7:00 PM.
Ms. Sandy Momyer recapped the minutes of the Historic Commission and briefly discussed the Historic Ordinances project meeting with a consultant. The main outcome of this meeting was that a historical inventory needs to be updated in the Township.
POSTED
Meeting on 1/20/09 at 7:30pm.
POSTED
Meeting on 1/26/09 at 7:30 PM.
There was a brief discussed the need to advertise for an alternate member for the Commission. It was reported that several properties are in the appraisal process. Mr. Ledbetter reiterated his request to have the Township Open Space map updated.
Mr. Morrisson reported that the Valley Forge National Historic Park Deer Management document had been received. The Park has scheduled two meetings – 1/14/09 at Tredyffrin, 6:00-9:00pm and 1/15/09, 1:00-4:00pm at Park Headquarters. This issue of deer management is critical due to the deer wasting disease prevalent in West Virginia and New York.
POSTED
Meeting on 1/21/09 at 8:00 PM.
Mr. Vutz reported on the labor negotiations. The Teamsters have turned down management’s offer, which was only good through the end of 2008.
Nothing to report.
GVFTMA.
Ms. Cohen reported that the Township will host the March meeting of the GVFTMA. Mr. Honigman brought up the issue of the closing for a year of the bridge over the Turnpike on Rte. 252 and its impact on emergency vehicles. This is the easternmost evacuation route for the Township. He asked the Board if there were any options open to keep an evac route open. Mr. Vutz asked Mr. Brennan what actions might be open to the Township. Mr. Brennan replied that there were next to none.
A motion was made authorizing Ms. Cohen to communicate with appropriate parties on behalf of the Board regarding the Rte. 252 bridge closing and its impact on the Township
Moved: Ledbetter Second: Vutz Approval: UnanimousNothing to report; no meeting in December. Meeting on 1/28/09.
Levin
Need to move forward with depositions of Mary Bird, Norm Vutz and Lee Ledbetter
CitySwitch
Waiting for discussion venue.
Higby
Scheduling depositions
Polte
Scheduling depositions and document discovery
10:20 PM
Mr. Peter Mercuri discussed the HOA documents update. Mr. Brennan advised the Board not get involved in a dispute between the HOA and its members. The Board advised Mr. Mercuri that the Township does not involve itself in a HOA disagreement on who does or does not belong to the HOA.
10:40 PM
Update requested by Rebecca Sitarchuk.
Mr. Brennan reported on Potters Pond; ready to move forward with the punch list. There is still the issue of the lawsuit of Schuylkill Township v. Bentley. The triparty agreement did not go through. The developer filed an inappropriate action against the Township in the State Supreme Court-this is pending appeal. Upon the request of a resident, Mr. Brennan then explained the process if the action should go before the Supreme Court.
Moved: Second: Approval:
Dissent: Abstain:
10:55 PM
Preliminary/Final Plan Approval.
A motion was made to grant relief for Section 401.C.2 to provide existing features with 400’ of the subject property.
Moved: Ledbetter Second: Cohen Approval: Unanimous
A motion was made to grant relief for Section 401D.16.d (1) to provide the location of sanitary sewers, storm drains and other similar features located within 400’ of the property.
Moved: Ledbetter Second: Cohen Approval: Unanimous
A motion was made to grant relief for Section 401D.16.d(2) to provide the location of streams, lakes, ponds, floodplains, swales or other existing watercourses located within 400’ of the property.
Moved: Ledbetter Second: Cohen Approval: Unanimous
A motion was made to grant relief for Section 503.D.1.a-d addressing parking area requirements: pavement, curbing, striping and lane width.
Moved: Ledbetter Second: Vutz Approval: Unanimous
A motion was made to grant relief for Section 510.E.11 to locate stormwater management facilities setback within 50’ from any buildings or property boundary.
Moved: Ledbetter Second: Vutz Approval: Unanimous
A motion was made to grant relief for Section 518.D.3 to allow grading within 5’ of a property line.
Moved: Ledbetter Second: Cohen Approval: Cohen, Ledbetter, Vutz, Williams Abstain: Morrisson
Mr. Morrisson abstained on the grounds that he felt this would establish a precedent.
A motion was made to grant relief for Section 518.G.2 to allow topsoil to be removed from the site to the extent that the applicant will not remove the topsoil except from areas where needed and applicant will not utilize topsoil to cover southern back of stormwater basin.
Moved: Ledbetter Second: Vutz Approval: Unanimous
A motion was made that the applicant seek from PADEP a sewage planning module waiver or exemption and that applicant provide documentation of such waiver or exemption to the Board.
Moved: Ledbetter Second: Cohen Approval: Unanimous
A motion was made to grant conditional final approval to the plan entitled “Final Land Development Plan for EDC Property Company Proposed Addition” prepared by Systems Design Engineering dated May 19, 2008 providing applicant satisfies any open items in the December 17, 2008 Gilmore & Associates review letter and the Board receives a copy of correspondence from PADEP that a Sewage Facilities Planning module is not required.
Moved: Ledbetter Second: Cohen Approval: Unanimous
11:25 PM
PASD/YMCA Walking Path Update.
The revised plan has been approved.
PCTI Grant Application.
The grant has been denied.
Update.
Ms. Cohen reported that a walk-through has been scheduled on January 8, 2009 to assess condition of building. Karl & Associates is doing the review. Ms. Cohen will be presenting at the PASD Building & Grounds meeting on January 8. She will open negotiations regarding the October 31, 2009 funding deadline. Ms. Cohen recommends to the Board that no lease agreement be approved without an extension to this deadline.
Update.
No action taken by Board.
11:40 PM
Update.
Ms. Cohen announced that she would be receiving a resolution from the Borough of Phoenixville. On February 13th, she will be accepting a donation of $2,500.00 for the Borough’s participation in the project this year. Two Schuylkill Township residents have each given $5,000.00 to the project. Three municipalities have signed on-Phoenixville, Charlestown and Schuylkill.
Ms. Cohen requested that the Board consider a motion to place a basket from the Wheel on Township Grounds.
Moved: Williams Second: Ledbetter Approval: Ledbetter, Morrisson, Vutz, Williams Abstain: Cohen
11:45 PM
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