SCHUYLKILL TOWNSHIP
BOARD OF SUPERVISORS
MEETING DATE: July 2, 2008

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

ABSENT:      None
7:30 PM         Called to Order
                        Pledge of Allegiance

PUBLIC PARTICIPATION:    Monica Kirk of Country Club Road inquired whether there will be a tax increase in the Township.  Mr. Vutz informed her that discussion on taxes takes place during the budget process which begins in September.  Mr. Ledbetter invited Ms. Kirk to attend the meetings and participate in the process.

Peter Mercuri, President, Pickering Glen Homeowners Association asked for clarification on the process for filing complaints against Colket & Levin properties.  Mr. Vutz said it is a matter of Code Enforcement and must be done through the Zoning Officer.

Mr. Mercuri then mentioned that there were dangerous elements on these properties, i.e., nails, fence pieces.  Mr. Ledbetter asked Yerkes & Associates to meet with Mr. Mercuri to discuss these elements.  Township Manager to facilitate meeting.

CONSENT AGENDA

Motion made to approve the following, as submitted

  1. Minutes of June 4, 2008 regular Board of Supervisors meeting, as amended.

          Moved:  Ledbetter     Second:  Cohen            Approval: Unanimous
  2. Minutes of June 24, 2008 Special Board of Supervisors meeting.  Mr. Vutz recapped the minutes for Mr. Brennan, Interim Township Solicitor.

          Moved:  Vutz            Second:  Cohen            Approval: Cohen, Ledbetter, Morrisson, Vutz       Dissent:  Williams
  3. Treasurer’s Report as read with a total of $3,524.742.04 in various Township accounts.

          Moved:  Ledbetter     Second:  Vutz              Approval:  Unanimous
  4. Township Bills as presented on Statement of Expenditures, Encumbrances & Appropriates for Period Ending 06/30/08.  There was a brief discussion of the General Code expenditure line item which was earnest money for project initiation.  Mr. Vutz gave a brief overview of the project underway to codify Township Ordinances.  Ms. Williams objected to cost of project as being over budgeted amount.  Mr. Vutz explained that the project is spanning two budget years and thus falls within budgeted dollars.

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

REGULAR AGENDA

REPORTS:

Township Manager:

POSTED

Police:

POSTED
Traffic Report/Stop Signs - Anderson Ave: Chief Fetterman summarized requested traffic count report.  Ms. Williams asked about average speeds on Kleyona.  The reported numbers were 26 mph westbound traffic and 28 mph eastbound.  Mr. Ledbetter asked about best site for stop sign, if installed.  Chief Fetterman stated the Kleyona would offer more traffic control than Anderson.  The Board concluded that, at this time, the justification for installing stop sign(s) did not exist.  The Township Manager will post the Gilmore & Associates traffic count report on the Township website for residents’ information.  Chief Fetterman said he will keep an eye on the situation.  There will be no further action on this item until after the start of the school year when the Board will discuss the feasibility of an additional traffic study.
No Action

Roads: 

POSTED
There was a brief discussion regarding a dip in road at corner of White Horse and Valley Park.  Mr. Cinciripino informed her the hole was being filled.  There was a brief discussion of the PennDot bridge replace project (White Horse Road).  Ms. Cohen stated that she would like to review the bridge plans as it ties into the Toonerville Trolley plan.
Road Equipment Rental Bid: No bids received
2002 F350 Utility Truck Bid:  One bid received from Cedar Hollow Recycling for $14,200.00.  A motion to accept the bid was made and approved as follows:
      Moved:  Ledbetter        Second:  Vutz     Approval:  Unanimous         

Fire: 

POSTED
Fire Fighter of the Month – Tom Reed

Emergency Mgmt: 

POSTED
Mr. Honigman reiterated the lack of response to his request for volunteers for Township emergency response team.

Recycling: 

POSTED
Mr. Shaughnessy informed Board that the 2007 Township Recycling Report had been submitted to Chester County and that the recycling grant application will be sent in before the next Board meeting.

Township Admin:

POSTED
Ms. Cohen mentioned the outstanding job done by Gorden Eadie and the Township Manager on the Administration campus landscaping.  Ms. Bird commended Mr. Cinciripino on his work in maintaining of plant beds.  Ms. Cohen then spoke briefly about plans to replant slope beside Township Building with ground cover to reduce erosion.

Zoning:

POSTED

Zoning Hearing Board:

Reeves property hearing to be rescheduled.  Ms. Williams asked if continuance was needed to allow new solicitor time to prepare.  Mr. Ledbetter stated no additional time was required.

Code Enforcement: 

POSTED
Mr. & Mrs. Luthor Coots informed Board of problems they encountered with a contractor during a recent porch construction project at their home.  Asked why permits did not generate automatic inspections to protect homeowners.  Suggested increasing penalties for contractors and that Township should do follow-up for inspections on pulled-permits.  Mr. Ledbetter asked Township Manager about procedures in place.  Ms. Bird stated that each permit issued informs homeowners they need to call Township when any project work starts so Township can inform building inspector.  A question was raised by a resident about keeping lists of bad contractors.  Mr. Vutz stated that would lead to liability on the part of Township.  Mr. Ledbetter added that the Township cannot endorse any contractors; this again leaves the Township vulnerable to lawsuits.  Mr. Morrison stated there are many avenues available to citizens to check on records of contractors with whom they do business.  A suggestion came up that Schuylkill Township should license contractors as does East Vincent Township.  Township Manager to investigate feasibility and present findings at either the August or September Board meeting.

Historic Commission:

POSTED
Sandy Momeyer gave an update on Friends of Schuylkill School.  The Term Sheet has been finalized.  The project is in “quiet” phase of fundraising, i.e., getting all paperwork, materials and procedures in place.  Ms. Momeyer requested that the Board officially recognize the project by approving Schuylkill School Resolution.  Ms. Williams asked Mr. Michael De Palo of Graham Road his opinion as a builder on the school restoration.  His main concern is to what use will the building be put. Severe restrictions are in place because of proximity to elementary school.  He estimates that rehabilitation of the school will run about $200/s.f with +/- 12,000 s.f  in building.  This estimate excludes any treatment for mold removal if required.  Mr. Morrisson then asked about the specificity of certain categories in the resolution and asked if they should be more open.  Mr. Ledbetter inquired if the Phoenixville Area School Board approves of the Resolution language.  Ms. Williams then reiterated her concerns that this project is consuming too many Township resources at which point Mr. Morrisson asked for clarification on whether the Resolution fiscally commits the Township in any way.  He was told by Sandy Momeyer that it did not.  Mr. Vutz then chastised Board members for taking too much time on the matter and reminded them they were voting on the Resolution.  A motion to approve the Schuylkill School Resolution was made and approved as follows:
           Moved:  Ledbetter          Second:  Cohen          Approval:  Cohen, Ledbetter, Morrisson    Dissent: Vutz, Williams

Environmental Advisory Committee:

POSTED
Mr. Ledbetter shared that at the Regional Planning Meeting, Christine McNeil unveiled plan to work on a Regional Trail and Recreation plan and extended an invitation to the Phoenixville regional municipalities to attend.  He asked the Township Manager to pass this information to the EAC.

Open Space Commission:

POSTED
Resolution to repay bond – tabled until Mr. Brennan as Interim Solicitor can review.  Mr. Ledbetter gave brief overview of Resolution to Mr. Brennan.

Deer Management:

Renewing discussions with EAC on Pickering Preserve.  Whitetail Association will make a presentation at next EAC meeting

Planning: 

POSTED
There may be a need to replace Mr. Brennan on Planning Commission.  There are seven seats on panel; with Mr. Brennan’s departure,  only five serving at present.  Commission will go ahead with this number for now.  Mr. Ledbetter stated his opinion that at least one of the two empty slots must be filled as soon as possible and asked the Township Manager to review list of former candidates.  Mr. Ledbetter suggested the Township advertise the need of a member on Planning Commission.  Township Manager will attend next Planning meeting to talk to members.

Joint Board: 

No discussion.

VFSA: 

Mr. Vutz gave an update on plans to expand plant.  Stated that a roadblock has come up  with the DEP.  DEP wants an enforcement plan on on-site septic systems.  Township Manager will put together packet for next Planning Commission Meeting.  Mr. Ledbetter asked what the requirements are; is the Township responsible?  Township Manager said this is an unfunded mandate; homeowners are responsible.  Mr. Ledbetter inquired if the VFSA can be manager of plan.  Township Manager will get back to Board when all information is available.

Regional Planning/Traffic:

VFNHP Steering Committee Meeting – no discussion  

GVTMA – Ms. Cohen gave an update on the closed loop system, implementation should be complete by January 2009.

Regional Planning Commission:

Regional Planning Commission received report from KSK on Reeves application from Pohlig.  Planning Commission will need a consistency review for approval for the work by consultant covered by a County grant.

Solicitor:

Mr. Brennan thanked the Board for the opportunity to serve as Interim Solicitor.

Pittman v. Schuylkill Township – matter concerning 605 Clean Stream Law; discharge of stormwater without permit in place.  Township Manager stated it was a paper violation.  Consent agreement finalized.  Best course is to execute agreement and close matter. A motion to approve the Consent Agreement was made and approved as follows:
    Moved:  Williams            Second:  Ledbetter     Approval:  Unanimous

Higby/Potters Pond – Commonwealth litigation claims dismissed/developer has option to appeal.

Pulte – spoke with Kaplan.  No objection to extension.  Protection order for developer will be granted.  They should contact judge to extend.
   Moved:  Ledbetter          Second:  Vutz             Approval:  Unanimous

Levin Property – on trial list as of 6/26/08 with Judge Riley.  Discovery currently going on.

Reeves – nothing new to report. 

Fire Suppression – State Supreme Court will hear Fall 2008.  Brief will be circulated to Board.

Anderson Farm – Mr. Ledbetter stated need to pursue revising easement requests to remaining homeowners.

City Switch Cell Tower – matter to be considered in Executive Session

Construction Easements – will be sent to homeowners with recommendation to sign.  If homeowners do not sign, Township has option to condemn land.  Solicitor will discuss with Township Manager.  Manager to initiate communication with Mr. Civatelli describing need for easement.

Royal Bank – waiting for decision from Supreme Court, doubt it will be heard.  Need to reconsider whether to proceed with amicable efforts.  Mrs. Momeyer to make sure Barbara Cohen up to speed.

School YMCA Trail – looking for direction on mechanics of deed of easement.  Township Manager to set up meeting.  Mr. Ledbetter asked Manager to contact Superintendent of Phoenixville Area School District to meet at her office as soon as possible, Mr. Ledbetter will attend meeting.  Ms. Williams stated her wish to participate in meeting.

SUBDIVISIONS/LAND DEVELOPMENT

McAvoy:

Mr. Ryan Costello present with Mr. McAvoy to explain intent of consolidation plan is to simply consolidate plots, not develop and asked what additional information is needed by Board to make this happen.  Mr. Ledbetter asked Township Engineer about survey issues.  Mr. Sartor stated there were no engineering concerns.  A motion to approve the consolidation with a codicil preventing future subdivision of the property was made and approved as follows:
    Moved:  Ledbetter           Second:  Cohen       Approval:  Unanimous  
Mr. Costello requested that the Board sign the plans immediately.  A motion to sign the plans with amendment to notes indicating no future subdivision can take place was made and approved as follows:
    Moved:  Ledbetter           Second:  Vutz             Approval:  Unanimous

Potters Pond: 

Matter to be considered in Executive Session.

OLD BUSINESS

PASD/YMCA Walking Trail:

Ms. Cohen submitted meeting notes from May 30, 2008 Toonerville Trolley Trail meeting and gave brief update on project.  Noted that legislation is in place to protect homeowners on trail path against liability on trail users.

Phase 2 of the Safe Kids to School walking trail project from the YMCA to the elementary school ready to start.  Mr. Ledbetter requested Ms. Cohen get property owners on board early to prevent future contention.  Ms. Williams asked Gilmore about possibility of donating their services.  Mr. Ledbetter explained that the engineering fees were the Township’s contribution to the project.

NEW BUSINESS

Green Building Forum:

Ms. Cohen announced a seminar for Township residents on September 7, 2008 at 7:30 p.m. at Township Hall.  Heidi Kunsch, a LEED accredited professional with DEP, will present green building alternatives to inform residents of choices available to them.  Mr. Ledbetter asked that Ms. Kunsch be present at July EAC meeting and have the EAC endorse the program.

At 10:15 PM, a motion to convene an Executive Session was made and approved as follows:
 Moved:  Ledbetter           Second:  Vutz              Approval:  Unanimous

The Board reconvened the regular meeting at 11:20 p.m. The following motions were considered and approved as follows:

  • A motion to approve the Natural Lands Trust proposal for an unnamed property pending Solicitor review was made and approved as follows:

   Moved:  Ledbetter           Second:  Cohen          Approval:  Unanimous

At 11:45 p.m., 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