MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: July 21, 2010 -- Special Meeting

BOARD MEMBERS PRESENT:
Barbara Cohen, Chair, Norman Vutz, Vice-Chair, Jim Morrisson, Laurie Williams, Fred Parry; William Brennan, Township Solicitor, Mary Bird, Township Manager.  Mr. Vutz arrived late to the meeting.

Also present:  For the Township Historical Commission: Sandy Momyer, Chair, John Gregory, Member, Joanne Brown, Member; for the Phoenixville Area School District (PASD): Ron Miller, Dr. Alan Fegley, Superintendent, Debbie Dawson, School Board Member, Ron Kalyan, Esq., legal counsel for the PASD; Peter Brown and one unidentified resident of the Township.

The meeting was called to order by Mrs. Cohen followed by the Pledge of Allegiance.

Act 46 – On motion by Mrs. Cohen, seconded by Mr. Morrisson and passed with Mrs. Williams abstaining because as she stated she had not had the opportunity to read the resolution, the Board approved Resolution 2010-13 adopting the schedule of approval verification pursuant to Act 46 of 2010 that authorizes the Township to charge a set fee for providing written verification of the granting of approvals and the approvals extended expiration date. The Act provides extension of Schuylkill Township granted approvals as defined by Act 46 that expire after December 31, 2008 and prior to July 2, 2013.

Anderson Farm – On motion by Mr. Parry, seconded by Mr. Morrisson, and passed, the Board approved Resolution 2010-14 with regard to Anderson Farm and Westrum Development Company that if the existing Letter of Credit is not extended in a satisfactory manner before July 27, 2010, the Township Solicitor is authorized and directed to take action to demand from Univest National Bank and Trust Co. an amount equal to the fair and reasonable cost of repair of the maintenance bond punch list items.

Mr. Vutz arrived.

1930 Schuylkill Elementary School – A demolition permit application was submitted today to the Township by the PASD for the 1930 Schuylkill School building.  Mrs. Cohen presented a revised rendition of a renovated 1930 Schuylkill School building. The previous rendition was shown at the July 7 Board of Supervisors meeting. The revised rendering illustrated the middle portion of the school as demolished and the “wing” structures on either side remaining. She stated that she was given a figure of $250,000 per each wing as a renovation cost. Grassy areas, sidewalks and a drive aisle separate the two remaining 800 square foot buildings. Mrs. Cohen proposed that the Township would utilize one of the buildings under a lease agreement for archival storage or a small museum and the school district could use the other for special functions. Mr. Kalyan stated that the cost estimate provided to the school district project rehab cost would be at least $1 million if not more.

Mrs. Williams stated that she appreciated the letter from the Historical Commission dated July 21, 2010. She stated that she had asked Mr. Michael DePaolo, a resident of Schuylkill Township who rehabilitates buildings, if he could find a way to save the school. She stated that Mr. DePaolo told her that the 1930 school building is landlocked by the operating elementary school complex and as such he believed the 1930 school could not rehabilitated or adaptively re-used. A petition to demolish Old Schuylkill School signed by 79 residents was presented to the Board.

Mr. Gregory advised that the demolition permit should go to the Historical Commission for review as per the Ordinance 2005-02. He stated that the topic should not even be before the Board of Supervisors this evening. Mr. Ron Kalyan stated that it was entirely appropriate for the Board to discuss the matter. Mr. Brennan advised that Article IX, Section 906 of the Zoning Ordinance allows for exemptions and that the board has the authority to render a decision within 45 days of the receipt of the applicant’s request for exemption. He also advised that the ordinance states in Section 912 that the demolition permit request is to be forwarded to the Historical Commission within 5 working days.  The Historical Commission was presented with the application and accompanying binder at the end of the meeting.

Mr. Peter Brown stated that the Township has been working on preserving the school since the early 2000’s. He stated that everyone should follow all the rules when requesting a demolition permit. Mr. Kalyan advised that the school district has filed the demolition permit with the Township and a waiver request is provided for in the current ordinance. He stated that the building is not historical and the cost to rehabilitate the structure would be staggering. Mr. Kalyan stated that the PASD does not have the funds it would take to rehab the school and there is no reimbursement from the Department of Education. The school district and specifically the operational Schuylkill School that was built a few years ago does not have a use for the original school building. Dr. Fegley stated that the rendering that Mrs. Cohen has put forth to save portions of the building does not work under current educations standards. He stated that the building should be attached to the operating school. Mrs. Cohen stated that one of the 800 sf buildings to be saved could be used for science fairs or other types of special events. Dr. Fegley stated that the building could not be used for regular classroom space. Mrs. Cohen stated that the Township would restore the other 800 sf building so that the PASD would only have the cost of one building and not two to rehabilitate. Mr. Kalyan stated that the PASD does not have the money to fix a building that would possibly be used only sporadically.  Mrs. Cohen stated that this proposal or something similar is a way to avoid possible legal costs.

Mr. Kalyan advised that the PASD not unlike the Township has an eroded tax base. He stated that the PASD is also faced with a large pension contribution for its teachers next year. He stated that no money has materialized from donations or any other source in the past eight years to save this school building.

Mrs. Cohen stated that it was premature to make a decision this evening. Dr. Fegley stated that he has only been superintendent of the PASD for several weeks and he has been trying to get up to speed on this issue. He stated that the 1930 school should be honored in some way. Dr. Fegley stated that he was amazed that the building in that condition was still standing and he worried about the safety of the children who attended the operational Schuylkill School.  He stated that the old school is a liability. He advised that Dr. Garritano, the principal of Schuylkill School, could possibly use the building occasionally. He stated that even once the buildings were saved he was not sure if people over time will remember the original school as it once stood.

Dr. Fegley suggested using some of the stone from the building to erect a tower on top of which the cupola from the 1930 school building would rest. The tower could be erected where the flag pole was to have been located and have a plaque in remembrance of the school. He advised that another idea would be to use the area near the gym and cafeteria in the operating school as a remembrance area with photos and pictures. Dr. Fegley advised that the wings that are proposed by Mrs. Cohen to be saved are not hermetically sealed and whatever problems are in the main building may also be in the wings. Dr. Fegley stated that he is also concerned about the maintenance of the building and fire safety with potentially trying to save the wings. He advised that he is unsure as to what will happen to the wings structures when the middle section of the school is separated from them.  He questioned if the Zoning Hearing Board would allow increase use of the site.

Mr. Brennan read the Zoning Hearing Board order of 2004 whereby “in the event the old school building is removed, this variance approval is hereby void and Applicant is to construct the required number of parking spaces in accordance with Discussion [in the opinion of 2004] hereinbefore”. Mr. Brennan stated that the relief given for fewer parking spaces becomes void and the site would then need to comply with parking regulation per the Township Zoning Ordinance.

Dr. Fegley stated that the school district would rather work with the Township on the matter and not spend money on legal fees. He stated that he authorized the filing of the demolition permit. Dr. Fegley stated that he is looking forward to working with the Historical Commission to preserve the memory of the school.

Mr. Gregory stated that the entire presentation this evening is based on a false premise.  He stated that in 2002 a letter from the Pennsylvania Historical and Museum Commission (PHMC) opined that the Schuylkill Elementary School was eligible for listing in the National Register of Historic Places. Mr. Kalyan stated that the determination of eligibility (DOE) to be on the list of historic places does not save it from being demolished. He advised that the PASD did not participate in trying to get on that list. He stated that it is the school district’s opinion that the school is not historic.  Mrs. Momyer stated that the application to the PHMC was initiated by the PASD Board and its architect Quad 3. Mr. Kalyan advised that addressed by the PASD Board and signed off by the PASD Board are two different things. Mrs. Momyer advised that the Township has repeatedly asked for proper ventilation of the building and basically better “mothballing” of the building.

Mr. Kalyan advised that the PASD has made attempts in the last eight years to work with the Township to come up with an adaptive re-use of the building. He stated that those efforts have fallen through and there is no plan that is feasible or economical.  Mrs. Cohen stated that it has fallen through for other reasons as well.  Mrs. Cohen stated that she believed in December of 2007 or 2008 that there was a letter sent to Dr. Noyes that the PASD had approval from the PA Department of Education approving the adaptive reuse of the building.

Mr. Parry stated that he had tried to resolve things while he was on the school board. He advised that demographics show there would not be growth that would warrant the need to use the 1930 building. Mr. Parry stated that it will cost more than $250,000 per each wing of the building to rehab.

Mr. Gregory questioned if Article IX, Section 906 of the original Historic Overlay District ordinance also pertains to the amendment of Article IX in Ordinance #2005-02. Mr. Brennan stated that Ordinance 2005-02 concerning historic preservation was a continuation of Article IX. Mr. Brennan stated that the original Article IX asks for 6 items to be produced by the applicant when submitting a demolition permit and the amendment requires 15 items. Mr. Gregory questioned if a Class I asset as defined in Ordinance 2005-02  like the 1930 Schuylkill School building impacts Section 906.A. Mr. Brennan advised that a waiver request from an applicant also applies to Ordinance #2005-02.

On motion by Mrs. Cohen, seconded by Mr. Morrisson and passed, with Mr. Parry and Mrs. Williams dissenting, the matter was tabled to the August 4 Board of Supervisors meeting.  Mr. Kalyan questioned the delay in making a decision. Mr. Morrisson stated that the Board would make a decision on August 4.

A resident of the Township that was present at the meeting stated that she could not believe the PASD and the Township were arguing about taking down the school.  She stated that there is not any base of taxpayers that want to save the 1930 Schuylkill School. She advised that she wanted her tax dollars to go to programs the kids going to the school can use.

On motion by Mrs. Cohen, seconded by Mr. Vutz, and passed, the meeting was adjourned at 8:45 p.m.

Respectfully submitted,

 

Mary R. Bird
Township Manager