MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: June 3, 2009

BOARD MEMBERS PRESENT:
Barbara Cohen, Vice-Chair; Lee Ledbetter; Jim Morrisson; Laurie Williams

Norman Vutz was not present; Mrs. Cohen chaired the meeting in his absence.

Also present:
Mary Bird, Township Manager; William Brennan, Township Solicitor; John Sartor, Township Engineer; Rick Beittel, Jr., Fire Chief; Nick Cinciripino, Roadmaster; Jim Fetterman, Chief of Police; Bob Mauch, Open Space Committee.

Ten (10) Township residents were in attendance.

7:30 PM

Called to Order
Pledge of Allegiance

PUBLIC PARTICIPATION: No items were brought to the floor.

AGENDA

Minutes

A motion was made to approve the Minutes of May 6, 2009 of the Regular Board of Supervisors Meeting.

Moved: Morrisson   Second: Ledbetter   Approval: Unanimous

Treasurer’s Report:

A motion was made to approve the Treasurer’s Report for the Period Ending May 31, 2009 as read with a total of $4,727,530.06 in various Township accounts.

Moved: Ledbetter   Second: Morrisson   Approval: Unanimous:

Township Bills:

A motion was made to approve the Payment of Township Bills as presented on the Statement of Expenditures, Encumbrances & Appropriations for the Period Ending May 31, 2009.

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

Jug Hollow Road Culvert Liner Installation - DiRocco Payment Request No. 2. Upon the recommendation of the Township Engineer that the payment amount requested by DiRocco Bros., Inc. is reflective of work completed for the referenced project, a motion to issue payment in the amount of $62,917.50 was made.

Moved: Ledbetter   Second: Cohen   Approval: Unanimous

REPORTS

Township Manager:

POSTED

Police:

POSTED
Beacon Hill Speed Limit - Ordinance #2009-04. A motion to approve Ordinance #2009-04 amending “An Ordinance Prescribing Traffic and Parking Regulations in Schuylkill Township, Chester County, And Providing Penalties for the Violation Thereof”, Article II, Section 1: Speed Limits Established shall be amended to include Beacon Hill Land and Beacon Hill Drive. The roads are to be posted for a maximum speed limit of twenty-five (25) miles per hour.

Moved: Ledbetter   Second: Williams   Approval: Unanimous

Roads:

POSTED
Graham Road. Mrs. Williams made a motion to approve the repair of Graham Road by the Township. Discussion ensued regarding the level of repair required and the proposed offer by residents of Graham Road to pay half the cost of repairs. Mr. Ledbetter commented that there were too many loose ends at present on this item; no representative of the Graham Road residents was present at tonight’s meeting and a more concrete plan was needed before taking action. The Board requested that the Township Manager contact Mr. Michael DiPaolo, as the Graham Road residents’ representative, and ask if the residents of the road would provide a written commitment to pay half the costs of repairing the road. Mrs. Williams suggested that the Township Solicitor draw up any necessary documents and/or agreements needed for this commitment, including an escrow account, for the Board’s review at the July 1, 2009 Board meeting.

Mrs. Williams amended her motion to approve the repair of Graham Road by the Township to use the current Township contractor to repair the road and to make said repair contingent upon the residents’ commitment to pay half the cost of any repairs. The motion was not seconded. Since no action was taken, Mr. Brennan was then instructed that no documents should be prepared.

Fire:

POSTED
Doug Fuller Firefighter of the Month

Volunteer Fire Companies Statistics. As a non-agenda item, Chief Beittel updated the Board with statistics for volunteer fire company members state-wide, county-wide and for the Valley Forge Fire Company (VFVFC). Overall, in Pennsylvania and the County, volunteer participation has declined while the VFVFC’s numbers have more than doubled.

85 S. Forge Manor Fire. As a non-agenda item, Chief Beittel expressed to the Board his dissatisfaction with this incident investigation; specifically, the methods used by Supervisor Morrisson to conduct the investigation. Mr. Morrisson responded by stating his reasons for the manner in which he investigated the incident and apologized if any of his efforts were misunderstood. Mrs. Cohen and Mrs. Williams stated their full support for the VFVFC.

Emergency Management (EOC):

POSTED

Recycling:

POSTED

Township Administration:

POSTED

Legal Advertising. The Township Manager informed the Board that Township legal advertising would be placed the Pottstown Mercury after June 20, 2009 because The Phoenix newspaper would no longer be a paper of daily circulation as required by Pennsylvania state law after that date.

Pass-Through Legal Fees – Resolution No. 2009-13. A motion was made to approve Resolution No. 2009-13 by which Schuylkill Township may require repayment of solicitor’s fees at the rate of $150.00 per hour or any such rate paid by the Township to its solicitor in connection with land development projects in connection with, and as authorized by the Pennsylvania Municipalities Planning code.

Moved: Ledbetter   Second: Cohen   Approval: Unanimous

Zoning Administration:

POSTED

Zoning Hearing Board:

Appointment of alternate member. The Township Manager presented the resume of (ZHB) Mr. Sean Dempsey of 115 Diamond Rock Road who is recommended by the ZHB to fill the vacant Alternate spot. A motion was made to ratify the appointment of Mr. Sean Dempsey to the ZHB as Alternate member, to serve a 3 year term ending December 31, 2011.

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

Code Enforcement:

No report was provided for the month of May.

Historic Commission (HC):

POSTED. The next meeting is Monday, June 15, 2009 at 7:00 p.m.

Environmental Advisory Committee (EAC):

POSTED. The next meeting is Tuesday, June 23, 2009 at 7:30 p.m.

Free Solar Power System. The Township Manager and Mr. Steve Kunz of the EAC are investigating the best Township location for installation of the 1.26kWh solar array received as a result of Schuylkill Township’s achievement of Clean Energy Community status.

DEP MPDES MS4. The Board requested that the Township Engineer review the PAG13 permit for clarification and confirmation of applicability to Township.

Native Plantings – SALDO Ordinance No. 2009-03. A motion was made to approve Ordinance No. 2009-03 amending the Schuylkill Township Subdivision and Land Development Ordinance as Amended by Amending Article V, Section 514.

Moved: Ledbetter   Second: Cohen   Approval: Unanimous

The Board expressed its appreciation to Mr. Jerry O’Dell of the EAC for his work in drafting the ordinance.

Open Space Commission (OSC):

POSTED. The next meeting is Monday, June 29, 2009 at 7:30 p.m.

Appointment of alternate member. Mr. Bob Mauch, Chair of the OSC, presented the resume of Ms. Linda Hartman, 206 Meetinghouse Lane, who is recommended by the Open Space Commission to fill the vacant Alternate spot. A motion was made to ratify the appointment of Ms. Linda Hartman to the OSC as Alternate member, to serve a 3 year term ending December 31, 2011.

Moved: Ledbetter   Second: Morrisson   Approval: Ledbetter, Morrisson, Williams    Abstain: Cohen

Appraisal of a certain property. Mr. Bob Mauch, Chair of the OSC, petitioned the Board for authorization to expend open space funds on the appraisal of a certain parcel. The OSC has met with the Natural Lands Trust on this parcel and would like to move forward. A motion was made to release funds not to exceed $10,000.00 to conduct an appraisal of this parcel A in the Township.

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

Offer to Purchase. A motion was made to send an offer of purchase for a certain Parcel B, for which the Township has secured grant commitments to assist in funding the purchase.

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

Mrs. Williams voiced some concern over the transparency of the OSC transactions. Mr. Ledbetter responded that the OSC meeting dates are published as are every other Township meeting; that they meet every month in an open session and residents cannot be forced to participate in their government.

Open Space Map. Mr. Ledbetter briefly reviewed the adoption of the December 1992 Open Space Recreational and Environmental Resource Plan, part of which was an Open Space Map. The OSC has revised and updated the Open Space Map contained as part of the Open Space Plan and submitted it to the Board for approval. A motion was made to have the Township Solicitor draw up the necessary ordinance language to revise the December 1992 Open Space Recreational and Environmental Resource Plan as prepared by the Open Space Commission to incorporate the revised and updated Open Space Map as submitted by the Open Space Commission to the Board for approval.

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

Reeves Property/Pohlig Builders. Mr. Todd Pohlig addressed the Board regarding a revised plan for the development of the Reeves property which incorporates additional open space. The Board consensus was that time was needed to consider the proposal and the proposal presentation was deferred to the June 29, 2009 meeting of the Open Space Commission.

Deer Management:

Nothing to report.

Planning Commission:

POSTED. The next meeting is Wednesday, June 17, 2009 at 8:00 p.m.
Mr. Morrisson recapped the meeting minutes.

Valley Forge Sewer Authority:(VFSA)

331 Pawling Road. After due consideration of Mr. Walter Ozorowski’s complaint against the VFSA on the removal and/or relocation of survey monuments on his property, the Board has determined that this is not actionable by the Township and requested that the Township Manager send a letter to Mr. Ozorowski to that effect.

Joint Board:

Nothing to report.

Regional Planning Traffic:

GVTMA. Mrs. Cohen recapped prospective plans to convert Rt. 422 to a toll road and advised Board members and residents obtain updates from the GVFTMA website and/or meetings.

Phoenixville Regional Planning Commission:

The next meeting is Wednesday, June 24, 2009 at 7:30 p.m. (PRPC) Mr. Morrisson advised the Board that he is continuing to work with the Township Manager on the PRPC ordinance review. Transfers of Development Rights (TDRs) are under discussion at the PRPC and educational seminars are tentatively scheduled for sometime in the fall for residents of municipalities within the PRPC. Mrs. Cohen suggested Mr. Morrisson contact Mr. Bob Tedesco regarding the use of the Foundry Building/Heritage Center as a possible public meeting space.

Solicitor:

City Switch. Mr. Brennan reported that the communication tower was erected in May. An Enforcement Notice was delivered by the Township Code Enforcement Officer. The matter is moving ahead in federal court. Ms. Tara Handforth, 344 Drummers Lane, presented a short video clip on communication tower safety demonstrating that the towers do not always fall onto themselves as designed to do. Ms. Handforth and other residents of the Meadows at Valley Forge reiterated their opposition to the placement of the City Switch communications tower at the Norfolk Southern rail yard.

Fire Sprinklers. Nothing to report

Higby. Nothing to report

Levin. The case is moving ahead.

SUBDIVISIONS/LAND DEVELOPMENT

Nolan Property:

APO-II Reserve Area Sketch Plan. Mr. Jim Nolan presented the sketch plan for the proposed development. The property is 30.7 acres and the plan shows 13.18 acres to be developed with nine (9) two-story buildings consisting of eight (8) dwelling units per building and a recreation building. 17.52 acres have been set aside as a permanent conservation site on the plan presented. The entrance to the development will be across from Ferry Lane with an emergency-only access road towards the back of the property. Mr. Nolan estimates that the plan will be presented to the Zoning Hearing Board in 60 +/- days.

Ms. Handforth stated that current residents in the Meadows at Valley Forge development would object to this new proposed development. Another Meadows resident expressed her opinion that it seemed “underhanded” on the part of the developer to propose building apartments at this date, and that purchasers should have been notified of the plans prior to buying their homes in the Meadows. Mr. Ledbetter responded that this area had been designated as APO-II from the inception of the development plan for the entire property, the Meadows included, and this was noted on the recorded plans on file with the Township; the plans are, and have been, available to the public for review.

Phoenixville Area School District: (PASD)

Schuylkill Elementary School Escrow Release #2. Upon the recommendation of the Township Engineer, Gilmore & Associates, Inc., that the May 14, 2009 escrow release request by the Phoenixville Area School District was generally reflective of the work performed to date on the project, a motion was made for Escrow Release No. 2 in the amount of $11,720.00. This release reduces the amount remaining in the escrow account to $0.00.

Moved: Williams   Second: Cohen   Approval: Unanimous

Mr. Ledbetter questioned the Township Manager if this zeros out all escrows being held by the Township on the PASD. Mrs. Bird responded that the escrow just released by the Board was for the Schuylkill Elementary School project only; escrows in the amount of $2,000.00 and $2,200.00 were still being held for the middle school and high school projects as the Township Engineer still has not received as-built plans for either of the projects.

Middle School Sketch Plan. Mr. Glen Harris, of ReNew Design Group, presented the sketch plan for the proposed Phoenixville Area Middle School reconstruction and gave an overview of the proposed plan to the Board with special attention to the various sustainable design elements being incorporated into the new school. Mr. Ledbetter then recapped for the Board and the attending PASD representatives the steps taken in the past between Schuylkill Township and PASD middle school environmental studies students to incorporate creative stormwater management practices at the middle school and asked that the new plan continue to pursue these practices. Mr. Ledbetter informed the PASD representatives that Schuylkill Township would offer the services of its Township Engineer on a pro bono basis to work with the environmental studies program at the middle school on creative stormwater management concepts for the new middle school campus.

Pickering Glen:

Nothing new to report, per Mr. Brennan.

Dr. Piskai:

Escrow Release No. 3. Upon the recommendation of the Township Engineer, Gilmore & Associates, Inc., that the updated escrow release request by Thomas P. Piskai, D.D.S. was generally reflective of the work performed to date on the project, a motion was made for Escrow Release No. 3 in the amount of $12,550.81. This release reduces the amount remaining in the escrow account to $0.00.

Moved: Williams   Second: Cohen   Approval: Unanimous

OLD BUSINESS

Earned Income Tax

Tax Collection Committee Delegates Resolution No. 2009-12. A motion was made to approve Resolution no. 2009-12 appointing the following to be Schuylkill Township’s delegates to the Tax Collection Committee as required by County Act 32 § 505(b): Primary voting delegate, Mrs. Mary Bird, Township Manager; First Alternate voting delegate, Ms. Marjorie Belliotti, Auditor; and Second Alternative voting delegate, Mrs. Barbara Cohen, Township Supervisor.

Moved: Cohen   Second: Ledbetter   Approval: Unanimous

NEW BUSINESS

Township Property Purchase Offer:

PaDOT Purchase Offer. A motion was to accept and execute the agreement of sale offered by Pa DOT in the amount of $4,300.00 for the purchase of a 0.025 acre section of a Township municipal complex parcel for construction of the White Horse Bridge and construction easements.

Moved: Ledbetter   Second: Morrisson   Approval: Unanimous

T-Mobile Proposal:

Cell Tower at Township Building. The Township Manager presented a proposal from T-Mobile to place a telecommunications tower on the municipal complex. Mrs. Bird reminded the Board that the Township Building is located in the Public Facilities Zone which does not allow communications towers. Additionally, if the Township chooses to pursue T-Mobile’s proposal, a dialogue would need to take place with the County should the telecommunications tower need to be placed in the deed-restricted open space area. Mr. Ledbetter stated that he did not see how a tower could be placed in the municipal complex; the only available ground to be used is deed-restricted open space which was purchased with grants and other vehicles that unconditionally limit its use. Mr. Ledbetter went on to say that if T-Mobile wishes to place a tower in the Township, the company needs to find space in an area zoned for towers. There being no further discussion, the proposal from T-Mobile was tabled.

Tom Comitta:

Proposal for On-Going Services. Mr. Morrisson presented Mr. Tom Comitta’s proposal for on-going services to the Board. No action was taken by the Board on this item.

PennVEST Funding:

Financial Assistance Application for Pasquale Pond - Resolution No. 2009-14. A motion was made to approve Resolution No. 2009-14 to submit a Financial Assistance Application to the Pennsylvania Infrastructure Investment Authority for the purpose of financing the construction of the Pasquale Pond Restoration and Wetland Mitigation project as a stormwater management facility.

Moved: Ledbetter   Second: Cohen   Approval: Unanimous

Signage:

Township Building Sign. Mrs. Cohen presented the proposal and rendering from Sign Source for the placement of new signage at the Township municipal complex. The total cost of the Sign Source proposal, including installation, is $6,700.26 (custom colors add an additional $604.00 to total cost). Discussion ensued on the viability of obtaining additional bids, even though the total cost proposed by Sign Source is less than $10,000.00. A motion was made to procure competitive bids for the design and installation of new signage for the Schuylkill Township municipal complex.

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

Mr. Brennan mentioned that obtaining bids via telephone was appropriate, as long as the proposal specifications were sent in a timely manner.

Workers Compensation:

Public Law 477 (Heart & Lung Act) Coverage. A motion was made to obtain Workers Compensation reimbursement coverage for Police under a Municipal Liability Policy from H.A. Thompson for a premium of $6,605.00 per year with a coverage limit of $40,000 per person which applies when workers compensation benefits have been determined and approved.

Moved: Ledbetter   Second: Cohen   Approval: Unanimous

Assisted Listening System:

The Township Manager updated the Board on her research into assisted listening systems. Mrs. Bird reminded the Board that under the Americans with Disabilities Act, the Township is required to provide reasonable accommodation for persons with disabilities. Mrs. Bird informed the Board that she had received a quote for $8,000.00 for a full assisted listening system for the Township Hall. Mr. Ledbetter requested that the Township Manager continue to research available systems and report back to the Board.

9:58PM A motion to convene an Executive Session was made.

Moved: Cohen   Second: Ledbetter   Approval: Unanimous

10:45 PM The Board reconvened the regular meeting. Mrs. Cohen reported that real estate matters had been discussed.

10:45 PM There being no further business for discussion, a motion to adjourn was made.

Moved: Cohen    Second: Williams   Approval: Unanimous

Respectfully submitted,

 

Madeline M. Harbison
Township Secretary