MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: June 2, 2010
BOARD MEMBERS PRESENT:
Barbara Cohen-Chair, Norman Vutz-Vice Chair, Jim Morrisson, Laurie Williams. Mr. Parry was absent.
Also present:
Mary Bird-Township Manager, William Brennan-Township Solicitor, John Sartor-Township Engineer, Nick Cinciripino-Roadmaster, Jim Fetterman-Chief of Police, Bob Mauch,-Open Space Committee, Madeline Harbison-Township Secretary
CALL TO ORDER
The public meeting was called to order by Barbara Cohen at 7:30 PM
Pledge of Allegiance
ANNOUNCEMENTS:
Mrs. Cohen invited township residents to attend the U.S. 422 Corridor Master Plan presentation at the July 7, 2010 Board of Supervisors meeting
PUBLIC PARTICIPATION:
No items were brought before the Board.
CONSENT AGENDA
- Approval of Minutes of May 5, 2010 Regular Board of Supervisors Meeting.
- Approval of Treasurer’s Report for Period Ending May 31, 2010
- Approval of Payment of Township Bills for Period Ending May 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. Mr. Morrisson seconded
Motion Vote: The motion passed 4-0-0.
BOARD DISCUSSION ITEMS
- Old Business
- Delaware Valley Milling, Inc., West Chester, PA 19380 ..... $ 17,976.60
- G. Antonini, Newtown Square, PA 19073 .......................... $ 36,485.84
- Innovative Construction Services, Folcroft, PA 19032 ....... $ 18,642.40
- Joseph Sucher & Sons, Eddystone, PA 19022 ...................... $ 23,835.64
- Kehoe Construction, Bridgeport, PA 19405 ........................ $ 19,974.00
- Reading Site Contractors, Pottstown, PA 19464 ................. $ 23,303.00
- Rota-Mill Inc., Oley, PA 19547 .......................................... $ 28,733.48
- S.A. Macanga Inc., West Chester, PA 19380 ...................... $ 19,574.52
Motion. Mr. Vutz moved to award the milling contract for Country Lane, Nathan Hale Drive and Patrick Henry Drive per specifications laid out in the Schuylkill Township Milling Contractor Proposal and Contract to Delaware Valley Milling, Inc. of West Chester, Pennsylvania for the amount of seventeen thousand nine hundred seventy six dollars ($17,976.600, contingent upon the review of the bid package by the Township Manager and Township Roadmaster. Mr. Morrisson seconded
Motion Vote. The motion passed 4-0-0.
- Bid for Oiling and Chipping of Roads
- Bids Received:
Mrs. Williams opened the one (1) bid received for the oiling and chipping of roads RFP.
- Asphalt Industries, Chester, PA 19013 ................................ $ 61,250.00
- Mrs. Williams asked why there was only one bid. Mrs. Bird responded that the RFP was advertised; six companies had requested copies of the RFP but only one bid was submitted. Mrs. Williams questioned Mr. Cinciripino on whether re-advertising the RFP would bring in more bidders. Mr. Cinciripino’s opinion was that it most likely would not and could result in receiving no bids because the paving season was already started and contractors would soon be fully employed.
Motion. Mrs. Williams stated she was not comfortable awarding the contract based on one bid received and moved that the Oil & Chip RFP be re-advertised for the July Board meeting. The motion was not seconded.
Motion. Mr. Vutz moved to award the Oil & Chip contract for Clothier Springs Road from Diamond Rock Road to Diamond Rock Road, and Diamond Rock Road from Clothier Springs Road to Clothier Springs Road per specifications laid out in the Schuylkill Township Oil and Chip Contractor Proposal and Contract to Asphalt Industries of Chester, Pennsylvania for the amount of sixty one thousand two hundred and fifty dollars ($61,250.00) contingent upon the review of the bid package by the Township Manager and Township Roadmaster. Mr. Morrisson seconded
Motion Vote. The motion passed 3-1-0, with Mrs. Williams dissenting.
- Freedom Valley YMCA Trail Easement:
- Mr. Brennan updated the Board on his discussions with the YMCA’s attorneys, Baer Romain, LLP, on the easement agreement. Mr. Brennan went over Mr. Romain’s letter of May 11, 2010 outlining proposed language to be added to the easement agreement for insurance and environmental indemnity in connection with the construction of the trail. Mr. Brennan informed the Board that the language is fine and the Board is currently in a position to finalize the proposed agreement for a trail easement through Freedom Valley YMCA property. Mr. Brennan went on to say that a separate issue may be brought to the table regarding zoning matters.
- Mrs. Williams commented that her understanding is that the YMCA is seeking a variance on impervious surface zoning ordinances because they are currently maxed out. Mrs. Williams went on to say that she did not believe the Board should vote on the easement agreement at this time because the township’s Environmental Advisory Council (EAC) has not prioritized this trail. Additionally, she stated that Mrs. Cohen should recuse herself because of her association with the YMCA’s law firm.
- Mrs. Cohen responded that no conflict of interest existed and she did not perceive a need to recuse herself on this matter. Mrs. Cohen noted that the Toonerville Trolley Trail “TTT”) had been prioritized in 2008 by the BOS as an extension of the Safe Kids to School walking path and an EAC representative has been an on-going member of the TTT planning task force as well.
- Mrs. Williams repeated that the trail has not been prioritized by the EAC and that the YMCA is seeking an impervious coverage increase as a condition of the trail being constructed on its property.
- Mr. Vutz interjected that the agreement on the table lays out general conditions for any trail easement on the YMCA property and is not carte blanche approval to start construction on any specific trail.
- Mr. Brennan added that normally a township cannot trade zoning changes for an agreement; all variance requests must go through due process. He went on to explain that the zoning issue is in play because the surface of the proposed trail exceeds impervious coverage allowances for the YMCA property.
Motion. Mrs. Williams moved to table any vote on the proposed agreement for a trail easement through the Freedom Valley YMCA property until the EAC’s Ian Plant can hold an informational meeting for township residents on the Regional Trail plans. Mr. Morrisson seconded.
Motion Vote. The motion did not pass 2-2-0.
- Results of Traffic Study in Moorehall at Valley Forge; Cut-Through Traffic & Speeding:
- Mr. Sartor of Gilmore &Associates explained that he would be giving his preliminary thoughts on the results of the study; that it was not ready to be published at this time.
- Mr. Sartor informed the Board that Automatic Traffic Recorder (ATR) counts had been conducted along five (5) roadways within Moorehall to determine the speed and volume of vehicles. The roads were:
- Wetherill Lane between Buckley Court & Rhinehart Lane
- Rhinehart Lane between Wetherill Lane & N. Whitehorse Road
- Biddle Lane between Rhinehart Lane & Adamson Court
- Moorehall Road between Valley Forge Road & Biddle Lane
- Moorehall Road between Wetherill Lane & N. Whitehorse Road
- The preliminary findings, Mr. Sartor stated, seem to indicate that there is not a problem with speeding, however, cut-through traffic may be an issue. Mr. Sartor requested that the Board schedule a workshop meeting to review the traffic study findings in detail and discuss options. The Board agreed and Mrs. Cohen asked Mrs. Bird and Mr. Sartor to set up the meeting.
- New Business
- Open Space: Motion to Approve Ranking of Parcel D-2:
- Public Hearing for the Purchase of a Conservation Easement of Development Rights:
- At 8:10 PM, on behalf of the Board, Mr. Brennan, Township Solicitor, opened the public hearing for the proposed acquisition of a Conservation Easement of Development Rights for the Thompson property, which easement would encumber certain tax parcels containing a total of about 380 acres in Charlestown Township and Schuylkill Township. Mr. Brennan explained the purpose of the public hearing was to describe the property being considered and listen to any public comment on the acquisition prior to the Board’s vote on the matter. Mr. Brennan announced that several members of the Thompson family were present for this hearing. Mr. Brennan then invited Mr. Morrisson to provide a description of the Thompson property and the proposed acquisition.
- Mr. Morrisson’s presentation explained that the Thompson property was a very significant amount of land, 380 acres in total of which +\- 192 acres are within Schuylkill Township. The property also encompasses The Pickering Golf Course. There were two appraisals done for the property and these showed the potential for about 150 homes to be built on the property.
The property is co-owned by the 6 Thompson brothers. They, together with the Schuylkill Township Open Space Commission, Charlestown Township and the North American Land Trust, established a new concept under the proposed Conservation Easement of 23 single family dwelling lots with each lot averaging 11 acres. With this plan, 76 acres within Schuylkill Township will be under the easement, protecting the viewshed and preserving the pond on the property. The purchase of development rights on the Thompson property will be a coordinated purchase in partnership with Charlestown Township. The total purchase price is six million dollars ($6,000,000.00) with Charlestown Township agreeing to pay three million ninety-five thousand dollars ($3,095,000.00) on tax parcels Chester County UPI Nos. 35-2-119.1, 35-2-119.1A, 35-2-119.1J, 35-2-119.1K, 35-2-122 and 35-2-122.4 and Schuylkill Township agreeing to pay two million nine hundred and five thousand dollars ($2,905,000.00) on tax parcels Chester County UPI Nos. 27-5-57, 27-5-57.7, 27-5-62, 27-5-62.1 and 27-5-62.2. A single Conservation Easement will encumber all tax parcels noted above, and will be in favor of the North American Land Trust. Mr. Morrisson concluded his presentation and opened the floor to questions.
- It was asked how the purchase would be financed, i.e., how much of the approximately $3,000,000.00 is provided for, and where the money comes from for open space purchases. Mr. Mauch replied that the township Open Space fund currently has about $2,000,000.00 in certificates of deposit, that 0.25% of the 1.25% earned income tax is dedicated to Open Space funding, and interim short-term financing is used when necessary for open space purchases.
- Mr. Peter Mercuri questioned whether the Pickering Golf Course would remain. Mr. Jerry Thompson took this question, stating it had not yet been decided if the golf course would stay; that the family has more discussions planned on the sub-division plan’s final shape and placement of open space.
- Mr. Brennan questioned Mr. Jerry Thompson on the status of the easement agreements; are all parties in a position to sign? Mr. Thompson replied that there were several minor changes which needed to be addressed and the agreements were with the attorneys.
- Mr. Mercuri asked if the township would be incurring any financial burden for maintenance of open space under this agreement. Mr. Brennan said there would be no financial upkeep; this was not a fee simple purchase but simply the purchase of development rights and as such the township did not own any real property in fee.
- There being no further questions, the public hearing was closed at 8:35 PM.
Motion. Mr. Morrisson moved to approve Resolution No. 2010-10 authorizing the coordinated purchase of a Conservation Easement of Development Rights with Charlestown Township including the following Schuylkill Township parcels Chester County UPI Nos. 27-57-57, 27-5-57.7, 27-5-62, 27-5-62.1 and 27-5-26.2 with Schuylkill Township agreeing to pay two million nine hundred and five thousand dollars ($2,905,000.00). Mrs. Williams seconded.
- Mr. Brennan advised the Board that he would prefer the signing of the resolution be postponed until the agreements of sale were finalized and ready for signature. Mr. Brennan suggested Resolution No. 2010-10 be tabled until the July meeting of the Board. After some discussion, the Board concurred that the outstanding items appeared to be minor and would not incur any substantive changes to the agreements. Mr. Brennan reiterated his advice to postpone approval of Resolution 2010-10 to the July Board meeting.
Motion. Mr. Morrisson amended his motion to approve Resolution No. 2010-10 to be conditional upon the outstanding issues of the Purchase of a Conservation Easement of Development Rights agreement being resolved to the satisfaction of the Township Solicitor. Mrs. Cohen seconded the amended motion.
Motion Vote. The amended motion passed 4-0-0.
- Levin: waiting for briefing and oral arguments to be scheduled
- Higby II: apparently there was a misunderstanding on the part of the developer regarding the scope of work and no work has been done to date. Mr. Brennan believes the matter has been cleared up and progress will be made on the Gilmore punchlist. Mr. Brennan asked the Potters Pond HOA president, Ms. Maryellen Menz, to keep him apprised of the situation.
- CitySwitch LLC: Mr. Brennan requested that this matter be conveyed to executive session. The Board concurred. Mr. Vutz asked Mr. Brennan if District Judge Michaels had awarded Schuylkill Township the full amount of the fines requested to be levied against CitySwitch and Norfolk Southern Railroad as well as legal fees. Mr. Brennan confirmed that Judge Michaels had done so. Ms. Tara Handforth, a resident of the Meadows at Valley Forge, requested that in all discussions regarding the CitySwitch matter, the Board keep residents’ safety in the forefront of their minds.
- Resolutions/Ordinances
- Subdivisions/Land Development
- Escrow Release #7 for French Creek Business Park Lot 1 – Pitter Patter Learning Center:
Motion. Mrs. Williams moved to approve Escrow Release # 7 for French Creek Business Park Lot 1 – Pitter Patter Learning Center in the amount of $150,602.19 as recommended by the Township Engineer, Gilmore & Associates, in their review report dated May 24, 2010. The amount remaining in the escrow account is $5,633.38.
Motion Vote. The motion passed 4-0-0.
- Escrow Release #5 for the EDC Property – 1000 Township Line Road:
Motion. Mrs. Williams moved to approve Escrow Release # 5 for the EDC Property Company – 1000 Township Line Road in the amount of $69,330.78 as recommended by the Township Engineer, Gilmore & Associates, in their review report dated June 1, 2010. The amount remaining in the escrow account is $28,127.65.
Motion Vote. The motion passed 4-0-0.
- Additional Business
- Two-Minute Reports:
- Valley Forge Sewer Authority (VFSA): Mr. Vutz gave a brief update on the expansion plans of the VFSA and noted several items that will be brought before the township Planning Commission on June 16th. The Board briefly discussed these items and concurred on a recommendation not to oppose before the Planning Commission.
- Community Health Seminars: Mrs. Williams noted that turnout was less than expected, most likely due to the bridge closing, but she was hoping to schedule additional seminars in the fall at the Phoenixville YMCA. Mrs. Williams requested a $200.00 check for the services of Ms. Katie Tandon, RYT, presenter for the yoga and nutrition portion of the June 9 health seminars. The Board approved the request.
- PASD Initiative: Mrs. Cohen said that Heidi Kunsch of the PaDEP and Lorna Rosenberg, representing the EPA and US Green Building Council, gave a presentation at the most recent task force meeting. They were able to give Josh Gould of the Phoenixville Area School Board several ideas/leads on green building grants available. Mr. James Reading, of the township Planning Commission, also attended and the feasibility of LERTA incentives in the township was revisited. Mrs. Cohen was pleased to note that there may be one commercially zoned parcel in the township eligible for this incentive.
- Historic Schuylkill School: Mrs. Cohen reported that no action was taken on the school at the most recent school board meeting. She would be attending the PASD Building & Grounds meeting on June 3.
- Toonerville Trolley Trail: No substantive discussion.
- Regional Planning: No update in Mr. Parry’s absence.
EXECUTIVE SESSION
Motion. 9:25 PM, Mrs. Cohen moved to enter into executive session to discuss various litigation and personnel issues. Mr. Morrisson seconded.
Motion Vote. The motion passed 4-0-0.
At 10:05 PM, the public meeting was reconvened. Mr. Brennan informed the public that litigation matters had been discussed and informed the attending residents of the Meadows at Valley Forge development that the township litigation with CitySwitch LLC was still on-going. The residents once again asked the Board to keep what they consider to be the main issue, public safety, first and foremost during this process.
At 10:10 PM, the Board unanimously consented to move back into executive session.
The public meeting was reconvened at 10:45 PM. Mr. Brennan announced that personnel and litigation matters had been discussed.
ADJOURNMENT
At 10:46 PM, a motion was made by Mrs. Cohen to adjourn the meeting. Mr. Morrisson seconded the motion. The motion passed 4-0-0.
Next Board Meeting: July 7, 2010 7:30 PM
Respectfully submitted,
Madeline M. Harbison
Township Secretary