MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: March 3, 2010

BOARD MEMBERS PRESENT:
Barbara Cohen-Chair, Norman Vutz-Vice Chair, Jim Morrisson, Fred Parry, Laurie Williams

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-Chair, Open Space Committee, Madeline Harbison-Township Secretary

There were about 53 residents present for this meeting.

CALL TO ORDER

The public meeting was called to order by Barbara Cohen at 7:30 PM

Pledge of Allegiance

ANNOUNCEMENTS:  

Mrs. Cohen requested that any member of the audience wishing to address the Board on an agenda item sign in for the record.

Resolution of Commendation No. 2010-06 to the Schuylkill Township Road Department and Cedar Springs Construction Company.  Mr. Vutz read the Resolution of Commendation to the Schuylkill Township Roads Department and Cedar Springs Construction Company for their outstanding efforts in keeping the Township roadways open and safe during the 2009/2010 winter season.  Mr. Cinciripino thanked the Board, saying that it was a team effort on the part of the members of the Roads Department, Steve Mihalcik-Assistant Roadmaster, Bill Prosock and Louis Baughman, along with the help of Police Chief Jim Fetterman, Fire Chief Rick Beittel and their departments.  Mr. Cinciripino added that the job would be impossible without a good contractor such as Floyd Mendenhall, owner of Cedar Springs Construction and his subcontractor, Randy Ravis.

PUBLIC PARTICIPATION:   

Mrs. Pat Rodenbaugh, 175 Country Lane, was recognized by the Chair.  Mrs. Rodenbaugh stated she was upset about her mailbox being destroyed during plowing operations and that many of her neighbors are also angry at the damage done to their boxes.  Mrs. Rodenbaugh recognized the difficulty of the job the Roads Department has clearing Township roads during storms, but her opinion was perhaps they could be a little more careful regarding residents’ mailboxes. 

CONSENT AGENDA

  • Approval of Minutes of February 3, 2010 Regular Board of Supervisors Meeting. 
  • Approval of Treasurer’s Report for Period Ending February 28, 2010
  • Approval of Payment of Township Bills for Period Ending February 28, 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 accept the Consent Agenda.  The motion was seconded by Mr. Parry.

    Motion Vote: The motion passed 5-0-0.

BOARD DISCUSSION ITEMS

  • Old Business
    • City Switch – Settlement Agreement:
      • Ms. Tara Handforth, 344 Drummers Lane, was recognized by the Chair to voice the concerns and objections of the residents of the Meadows at Valley Forge (the “Meadows”) regarding the City Switch communications tower and any type of settlement other than removal of the tower.  Ms. Handforth submitted a cover letter with her written summary of events to date in this matter and asked that this correspondence be included in the minutes.  The Board agreed to this request and those items are attached and included herein by reference.  Ms. Handforth then asked to poll individual supervisors as to where they stood in regards to the City Switch communications tower matter.  The supervisors were unanimously opposed to the tower staying in place. 
      • The Chair recognized Mr. Daniel McGroary, 344 Drummers Lane, who thanked the Board for their efforts to date on the City Switch case.  Mr. McGroary went on to state his and his immediate neighbors’ concerns about the fall zone safety issues regarding the City Switch communications tower.
      • Motion.    Mr. Vutz moved that the Township Solicitor formally notify City Switch that the proposed settlement offer dated February 16, 2010 is unanimously rejected by the Schuylkill Township Board of Supervisors.  The motion was seconded by Mrs. Williams.
      • Mrs. Williams stated that in addition to rejecting the settlement, the Township should send a letter to City Switch instructing them to take the tower down completely.
      • Motion.  Mrs. Williams moved to send official correspondence to City Switch stating they were in violation of the Building Codes and Zoning Ordinances of Schuylkill Township and that the communications tower erected by them in the Norfolk Southern Railroad yard was to be taken down to the concrete pad and removed immediately.  Mrs. Williams’s motion was seconded by Mr. Parry.
      • Motion Vote.  The motion to send official correspondence to Cityswitch instructing them to remove the communications tower passed 5-0-0.
      • Motion Vote.  The motion to formally notify Cityswitch that the proposed settlement dated February 16, 2010 is unanimously rejected by the Schuylkill Township Board of Supervisors passed 5-0-0.
    • Historic Schuylkill School – Structural Evaluation – Hiring of Consultant:  
      • Motion.    A motion was made by Mr. Parry to approve the hiring of Spotts, Stevens and McCoy, a structural engineering services consultant, to provide an evaluation of the structural stability of the stone walls and investigate the effect of underground springs if present underneath the Historic Schuylkill School building located at 290 South White Horse Road for a not to exceed amount of three thousand six hundred dollars ($3,600.00).  Mr. Morrisson seconded.
      • Mrs. Williams objected to this expenditure, stating that it was simply going over old ground and that the report commissioned by the Phoenixville Area School District in 1996 should be reviewed prior to any new consultant being hired.
      • Mrs. Cohen responded that this current review was necessary to determine, through an objective evaluation of the structure, if it was feasible to go forward with repurposing plans for the Historic Schuylkill School building.  Mrs. Cohen added that the expenditure for this evaluation had been voted into the 2010 township budget.
      • Motion Vote.  The motion passed 4-1-0, with Mrs. Williams dissenting.
  • New Business
    • Advertising for Sale – 2007 Crown Vic Police Car: 
      • Motion.    Mr. Vutz made a motion to approve advertising for sale the 2007 Crown Victoria Police Car, seconded by Mrs. Cohen.
      • Mrs. Williams questioned Chief Fetterman on the cost to the Township to keep the 2007 Crown Vic car running.  Chief Fetterman responded that he could not give an estimate going forward; that the most recent expenditure for repairs was about $1,500.00 and that,  according to the vehicle rotation schedule, this car is due to be retired at this time.
      • Mrs. Williams then asked the purchase price of a new police vehicle.  Chief Fetterman replied that it would be about $22,300.00 and that the expenditure had been budgeted for this fiscal year.
      • Motion Vote.  The motion passed 4-1-0, with Mrs. Williams dissenting.
    • Purchase of new Crown Vic Police car: 
      • Motion.    Mr. Vutz moved to approve the purchase of a new Crown Victoria Police Car.  Mr. Morrisson seconded.
      • Motion Vote.  The motion passed 4-1-0, with Mrs. Williams dissenting.
    • Open Space
      • Ranking of Parcel I
      • Motion.    Mr. Morrisson moved to approve the ranking of Parcel I.  Mr. Vutz seconded the motion.
      • Mr. Mauch, Chair of the Open Space Commission, addressed the Board.  He stated that the recommended ranking (per 2007 Ranking Criteria) approved by the Board in December has not changed.  Mr. Mauch explained that Parcel I is a large open space surrounded by highly developed areas and obtaining a conservation easement on this property would not only protect against further development, but would preserve scenic vistas and ease traffic concentrations.
      • Motion Vote.  The motion passed 4-1-0, with Mrs. Williams dissenting.
      • Authorization for the Open Space Commission to make an offer, subject to future Board of Supervisors approval, to fund a conservation easement on Parcel I.
      • Mrs. Cohen asked Mr. Mauch to discuss increased township privileges if the township funds a conservation easement on this property.  Mr. Mauch responded that he will follow through on this during negotiations with the property owner.
      • Motion.    Mr. Morrisson moved to authorize the Open Space Commission to make an offer, subject to future Board of Supervisors approval, to fund a conservation easement on Parcel I not to exceed the appraised value obtained by the Open Space Commission and conditional upon the provision of greater public access.
      • Motion Vote.  The motion passed 4-1-0, with Mrs. Williams dissenting.
    • Legal Matters

      Mr. Brennan updated the Board on certain on-going legal matters.

      • Pulte Homes.  The matter is closed and the sidewalks will be done.  Mr. Peter Mercuri, President-Pickering Glen Home Owners’ Association (“HOA”), requested that the HOA be kept apprised during the contractor selection process and construction scheduling.
      • Higby (Potters Pond).  The Chester County Court ruled in favor of Schuylkill Township.  Mr. Brennan expressed his thanks to John Sartor and Mary Bird for their contribution to this successful outcome. Mr. Brennan requested any further discussion regarding resolution with Higby take place in executive session.  The Board concurred.
      • Levin.  The trial is scheduled for March 22, 2010.
      • Reeves.  The matter is waiting on Chester County Court’s rendering of an opinion on the Zoning Hearing Board ruling.
      • Fire Suppression.  This is still on hold pending a decision from the Pennsylvania Supreme Court.
  • Resolutions/Ordinances
    • There were no resolutions or ordinances put before the Board.
  • Subdivisions/Land Development
    • Escrow Release #4 for French Creek Business Park (“FCBP”), Lot #1 – Pitter Patter Learning Center: 
      • Motion.    Mrs. Williams moved to approve Escrow Release No. 4 for FCBP Lot 1 – Pitter Patter Learning Center in the amount of $31,153.50 based upon the recommendation of the Township Engineer, Gilmore & Associates dated February 25, 2010.  Mr. Morrisson seconded the motion.
      • Motion Vote.  The motion passed 5-0-0.
    • Escrow Release #4 for French Creek Business Park (“FCBP”), Lot #6 – H&S Plumbing & Heating, Inc.: 
      • Motion.    Mrs. Williams moved to approve Escrow Release No. 4 for FCBP Lot 6 – H&S Plumbing & Heating, Inc. in the amount of $8,096.77 based upon the recommendation of the Township Engineer, Gilmore & Associates dated March 1, 2010.  Mr. Morrisson seconded the motion.
      • Motion Vote.  The motion passed 5-0-0. 
    • Change the Scope of the Valley Park (former Pasquale Property) Wetlands Mitigation/Pond Project to Wetlands Mitigation Only
      • Motion.    Mr. Vutz made a motion to approve changing the scope of the Valley Park (former Pasquale property) wetlands mitigation/pond project to wetlands mitigation only.  This was seconded by Mr. Morrisson.
      • Mrs. Williams thanked Mrs. Bird, Township Manager, for her comprehensive analysis of the project dated March 1, 2010.  Mrs. Williams then asked if reducing the scope of the project opened the Township to any risk in regards to fulfilling its obligation under the PA DEP wetland permit.  Mrs. Bird said that she had confirmed with PA DEP that installation of the wetlands-only would satisfy the permit currently held by the Township.
      • Motion Vote.  The motion passed 5-0-0. 
  • Additional Business
    • Two-Minute Reports: 
      • PASD Commercial Initiative Task Force.  Mrs. Williams reported that the task force is working well with neighboring municipalities in designating commercial areas and that various incentives to encourage commercial development are still being explored.  Mrs. Cohen, also a member of the task force, noted that the group is discussing “green building” development incentives for the three municipalities to consider.
      • Phoenixville Regional Planning Committee.  Mr. Parry reported that the PRPC is continuing its review of revised policy for regional review submission.
    • Bentley Homes Escrow Release: 
      • Mr. Sartor informed the Board that Bentley Homes has requested an escrow release inspection and ultimate recommendation from the Township Engineer for escrow release at the April 7, 2010 Board meeting.  Bentley has requested that Gilmore & Associates enter the Valley Park property to do the inspection and subsequent escrow release recommendation.
      • Motion.   Mrs. Cohen made a motion to approve the performance of an escrow release inspection on the Valley Park property and subsequent escrow release recommendation for Bentley Homes by Gilmore & Associates at the April 7, 2010 Board of Supervisors meeting.  Mrs. Williams seconded.
      • Motion Vote.  The motion passed 5-0-0.
  • Executive Session
    • At 9:15 PM, Mrs. Cohen moved for an executive session to discuss certain litigation and personnel issues.  The motion was seconded and passed.
    • The public meeting was reconvened at 10:00 PM.  Mrs. Cohen reported that litigation and personnel matters were discussed.
    • Resolution No. 2010-04:  Code of Conduct for Township Employees Communicating with the Board  (continued from 02/03/2010 meeting)
    • Motion.    Mr. Morrison made a motion to approve Resolution No. 2010-04:  Code of Conduct for Township Employees Communicating with the Board.  Mrs. Cohen seconded.
    • Motion Vote.  The motion passed 4-1-0, with Mrs. Williams dissenting.

    ADJOURNMENT

    At 10:10 PM, a motion was made by Mrs. Cohen to adjourn the meeting.  Mrs. Williams seconded the motion.  The motion passed 5-0-0.

    Next Board Meeting:  April 7, 2010 7:30 PM

    Respectfully submitted,

     

    Madeline M. Harbison
    Township Secretary