BOARD MEMBERS PRESENT:
Norman Vutz, Chair; Barbara Cohen, Vice-Chair; Lee Ledbetter; Jim Morrisson, Laurie Williams; William Brennan, Township Solicitor
John Sartor, Township Engineer, was excused by the Board from this meeting as there are no agenda items requiring his attention.
Also present: Mary Bird, Township Manager; Jim Fetterman, Chief of Police, Fred Honigman, EOC, Bob Mauch, Open Space Commission, Sandy Momyer, Historical Commission, Jerry O’Dell, EAC and Jim Shaughnessy, Recycling Committee.
7:30 PM
Called to Order
Pledge of Allegiance
7:30 PM
PUBLIC PARTICIPATION: Josh Gould of the Phoenixville Area School District (PASD) Board was recognized by the Chair. Mr. Gould reiterated the PASD Board’s invitation to Schuylkill Township to participate in an ad hoc, cross-municipality meeting regarding the best ways to optimize commercial development in the three municipalities participating in this meeting. Mr. Gould asked the Board to name its representatives to the meeting so a date could be chosen and invitations to participate could be generated. The Board consensus was enthusiastic support of the meeting and named as Schuylkill Township representatives Barbara Cohen and Laurie Williams, Jim Morrisson in his capacity as Board liaison to the Township Planning Commission and the Phoenixville Regional Planning Committee, and Mary Bird, Township Manager, as alternate.
The Chair recognized Mr. Peter Mercuri, President, Pickering Glen HOA. Mr. Mercuri updated the Board on the current status of the litigation between Pickering Glen HOA and Pulte Homes, Inc.. Mr. Mercuri then addressed the Board regarding the Pickering Glen Walking Trail. He stated that the Pickering Glen HOA wants no responsibility for maintaining that portion of the Pickering Glen Walking Trail which traverses the Levin Property, including trail surfacing, fencing or landscaping, and petitioned the Board on behalf of the Pickering Glen HOA that this request be guaranteed by the Township Board of Supervisors in writing. No action was taken by the Board at this time.
7:45 PM
Approval of the Minutes of the January 14, 2009 Special Meeting of the Schuylkill Township Board of Supervisors regarding Public Discussion of the proposed Reeves property/Pohlig development. Mrs. Cohen abstained because she was not present at the January 14, 2009 meeting.
Moved: Ledbetter Second:Morrisson Approval: Ledbetter, Morrisson, Vutz Dissent: Williams Abstain: Cohen
Approval of the Minutes of the February 4, 2009 Regular Meeting of the Schuylkill Township Board of Supervisors.
Moved: Cohen Second:Ledbetter Approval: Cohen, Ledbetter, Morrisson, Vutz Dissent: Williams
Approval of the Treasurer’s Report as of February 28, 2009 as read with a total of $2,600,810.72 in various Township accounts.
Moved: Ledbetter Second:Cohen Approval: Unanimous
Mrs. Williams made a motion to place General Fund monies in non-penalty CDs to garner a higher interest rate. There was no second and the motion did not go forward. The Board did suggest that the Township Manager look into the question of whether there are CDs available for municipal accounts with no penalty for early withdrawal of funds.
Approval of Payment of Township Bills as presented on the Unposted Check/Warrant Register and Vouchers to be Paid reports for the Period Ending March 4, 2009.
Moved: Cohen Second:Morrison Approval: Unanimous
Mrs. Williams asked the Township Manager to investigate and report what percentage of the total Township Budget is expended on attorney fees.
POSTED
Approval of Resolution #2009-07, Declaration of local disaster emergency. The Board of Supervisors appoints Barbara Cohen, until a successor may be named, to serve as the person to declare an emergency should a local disaster emergency prompt such action. Should Mrs. Cohen be unable to serve, the Board appoints Jim Morrisson as First Alternate and Norman Vutz as Second Alternate, until successors may be named.
Moved: Ledbetter Second:Cohen Approval: Unanimous
Mr. Ledbetter took this opportunity to remind the Board members of the importance of completing and maintaining their certifications in emergency response training.
Approval of Resolution #2009-06, Electronic Access to PaDOT Systems. The Pennsylvania Department of Transportation and Schuylkill Township have agreed to use the dotGrants on-line reporting system to file the required Liquid Fuels forms annually; including but not limited to the MS-965, MS-329 and MS-999 forms.
Moved: Vutz Second:Ledbetter Approval: Unanimous
POSTED
Approval to advertise bid solicitation for 2005 Ford Crown Victoria police car.
Moved: Ledbetter Second:Cohen Approval: Cohen, Ledbetter, Morrisson, Vutz Dissent: Williams
POSTED
The Township Manager, on behalf of the Roads Department, reported that the culvert liner replacement work was starting on Clothier Springs Road and that this road would be closed to through traffic for about a month. Residents of Clothier Springs Road may use the road to access their driveways. The road closing was advertised as required by the Second Class Township Municipal Code. No action was required by the Board.
POSTED
Ed Jackson Firefighter of the Month. Mr. Jackson is a twenty-six (26) year veteran of the Valley Forge Volunteer Fire Company.
POSTED
POSTED
POSTED
Nothing to report.
POSTED
Mr. Morrisson brought to the Board’s attention the memo from Mr. Francis M. Newhams, Senior Inspector, of Yerkes Associates, Inc. dated March 2, 2009 regarding the Proposed Adoption of IBC Appendix D (International Building Code, Fire Districts). Mr. Morrisson informed the Board he was not in agreement with Mr. Newhams’ conclusion that the adoption of this appendix would not benefit Schuylkill Township, and suggested to the Board that Schuylkill Township look into what other municipalities have adopted in regards to this issue. He requested that the Township Manager set up a meeting with Mr. Newhams, himself and the Township Manager in attendance. Mr. Ledbetter asked Mr. Morrisson to include the Fire Company in the meeting.
POSTED. The next meeting is March 16 at 7:00 PM.
POSTED. The next meeting is March 24 at 7:30 PM
SALDO Amendment –plant species. Mr. Jerry O’Dell of the EAC gave a brief recap of the steps taken by the EAC which led to the recommendation of an updated native plant species list for the Schuylkill Township SALDO. After a brief discussion of the merits of certain plant species, a motion was made to draft an ordinance to adopt the SALDO plant species amendment recommended by the EAC as presented to the Board at the March 4, 2009 Board meeting
Moved: Ledbetter Second:Cohen Approval: Unanimous
POSTED
SEPA VOAD (Southeastern Pennsylvania Voluntary Organizations Active in Disasters) Introduction to Disaster Course. Mr. Honigman thanked the Board for permission to hold this training class in the Township Building on Saturday, April 25, 2009, 9:00 AM – 12:00 PM. Twenty-one slots are already filled for the course by members of the Kiwanis Club of Phoenixville. The course is free to Township residents and staff but space is limited. Reservations will be taken on a first-come, first serve basis.
POSTED. The next meeting is March 30, 2009 at 7:30 PM.
Approval for release of funds. Mr. Bob Mauch of the OSC informed the Board that another landowner in the Township is interested in moving to the appraisal stage. He petitioned the Board for approval to release $4,000.00 from the Open Space funds for the appraisal. A motion was made to approve release of funds not to exceed $4,000.00 from the Township’s Open Space account for the purpose of appraising a certain piece of property.
Moved: Ledbetter Second:Cohen Approval: Unanimous
Mr. Mauch updated the Board on the OSC’s candidate search. He reported that one letter of interest and resume has been received at this time.
Mr. Morrisson reported that the comment phase for the Draft Environmental Impact Statement and Deer Management Plan released by Valley Forge National Historic Park has been closed. The National Park Service is currently evaluating comments received and will publish the final document this summer.
POSTED. The next meeting is March 18, 2009 at 8:00 PM.
Procedures for municipal purchase of property as open space. Mr. Ledbetter questioned Mr. Brennan on the proper procedure for Board approval of the purchase of a property by the Township which is to be designated as open space. Mr. Brennan replied that, first, the Board should have in hand an agreement of sale which has been signed by the property owner; the Board then accepts the action in a public meeting. No special hearing has to be convened.
There were no Township attendees at the monthly VFSA meeting. Mrs. Williams reported that there is still no labor contract in place; however, operations at the plant are going smoothly and a strike contingency plan is prepared.
Nothing to report.
GVFTMA. Mr. Morrisson reported there will be a meeting in the Schuylkill Township Hall on March 16, 2009 at 2:00 PM sponsored by the US Route 422 Corridor Coalition. Mr. Morrisson noted that one of the items on the agenda is the R-6 Extension Study plan. The R-6 rail extension would first connect Norristown with Valley Forge National Historic Park and, ultimately, extend to Reading. One of the subjects in the study plan is the levying of tolls on Route 422 to fund the extension.
The next meeting is March 25, 2009 at 7:30 PM. Mr. Morrisson gave an update to the Board.
The Phoenixville Regional Planning Commission consultant is conducting a consistency review to determine if municipal ordinances are consistent with PRPC objectives. This will be the focus of the Regional Planning Commission’s March 25, 2009 meeting. Mr. Morrisson strongly recommends that Schuylkill Township Board members attend. The PRPC consultants, Kise Straw Kolodner (KSK), will appear before the Schuylkill Township Planning Committee on April 15, 2009.
Mr. Morrisson went on to report that a special TDR (Transfer of Development Rights) presentation is being planned (date to be determined) and recommends that the Schuylkill Township Board of Supervisors, the Open Space Committee and the Planning Commission members make an effort to attend.
Mr. Morrisson reported that the PRPC has made a recommendation that development/ building applicants be required to post a $10,000 escrow in the “hosting” municipality to cover regional review expenses. Mr. Brennan asked if the legality of this escrow recommendation under the MPC has been reviewed. Mr. Ledbetter responded that Mr. McMasters, on behalf of the PRPC, has qualified the recommendation under Act 67/68.
The last item on which Mr. Morrisson reported was the BARTO development in Phoenixville. A question is on the table regarding TDR—what are the receiving municipalities’ benefits? Mr. Ledbetter gave a brief explanation of how the TDR might work. A developer, where allowed, has a sending and a receiving zone. The developer is required to obtain the TDR by purchase. This allows high-density Townships to obtain lower density. He went on to state that Act 67/68 allows TDRs on a regional level. However, if benefits are not perceived for all municipalities in PRPC, the concept probably will not come to pass.
Mr. Brennan updated the Board on four (4) on-going legal matters.
Levin. The response to the summary judgment is scheduled for March 25, 2009.
Potters Pond. Depositions are scheduled next week for the engineer(s).
City Switch. Mediation will take place in April. Mr. Brennan requested that a more detailed update take place in Executive Session.
Higby II. Mr. Brennan requested that a detailed update take place in Executive Session
Audio Recording of Board Meetings as an ancillary record to longhand notes for Township Secretary’s use in compiling Minutes. Mr. Brennan reported that audio recordings, even though not the primary record of Minutes for the Board Meetings, become Open Records. To use audio recording or not is entirely up to the Board’s discretion. Discussion ensued regarding the pros and cons of continuing the audio taping of Board Meetings. A motion to suspend Audio Recording of Board Meetings as an ancillary record to longhand notes for Township Secretary’s use in compiling Minutes was made.
Moved: Ledbetter Second:Cohen Approval: Cohen, Ledbetter, Vutz
Dissent: Morrisson, Williams
The Board asked the Township Manager to poll surrounding municipalities on their recording practices in compiling official Board Meeting minutes.
9:25 PM
Escrow Release #3. A motion to approve the release of Escrow No. 3 in the amount of $69,836.60 as recommended in the Gilmore & Associates, Inc. letter of November 26, 2008 was made. It was noted that this reduces the escrow amount to $0.00.
Moved: Ledbetter Second:Cohen Approval: Unanimous
9:30 PM
Outdoor Sketch/Idea. Mrs. Cohen expressed her disappointment regarding the cessation of dialogue between Schuylkill Township and the Phoenixville Area School District (PASD) on the Historic Schuylkill School. Mrs. Cohen noted that, as the duly appointed Supervisor liaison to the PASD, she should have had the opportunity to review the idea being presented this evening by the PASD before it was brought before the Board of Supervisors. She stated her opinion that a partnership needed to be formed to procure funding to secure the restoration of the school.
Dr. Terry Mancini, Acting Superintendent of the PASD, was recognized by the Chair. Dr. Mancini opened his statement by complimenting both the Township Police Department for their work with the PASD and the Township Road Department’s excellent job in keeping Township roads clear and safe during the recent storms. Dr. Mancini then moved on to the Historic Schuylkill School. He stated that the objective of the PASD was to do what is best for the children and the intrinsic historic value of the school. He informed the Board that the teaching staff and PASD Building & Grounds worked together to come up with an idea to meet both these ends. He then asked Dr. Frank Garritano, principal of Schuylkill Elementary School, to present the result to the Board. Dr. Garritano provided the Board members with a sketch of an outdoor learning area which incorporated certain elements from the demolished school building. Mrs. Cohen shared her objections to the concept presented by Dr. Garritano and requested an opportunity to meet with Dr. Mancini and Dr. Garritano to show them the concept drawings and plans commissioned by the Friends of Historic Schuylkill School for the adaptive reuse of the building. Ms. Sandy Momyer, Chair, Schuylkill Historical Commission, concurred with Mrs. Cohen’s objections and also asked for a meeting with school officials to present the Historic Commission’s findings on the reuse of the school.
The Board expressed its disappointment that the PASD did not present this new concept on the reuse of the Historic Schuylkill School through the channels created to facilitate communication on this issue. The question was raised by the Board on how to get past the issue of complete demolition and renew discussions on funding options and planning figures. The Chair accepted the sketch of the outdoor learning center from Dr. Garritano for the Board’s comments and suggested that the PASD reopen discussions with the Board’s liaison on this issue, Mrs. Cohen. A suggestion was made by the Board to Dr. Mancini that it might be worthwhile for the PASD to co-host a “Town Hall” meeting on this topic to air both sides of the issue in a public forum.
There was no further discussion or action on this item.
Resolution 2009-08 Approving Agreement with PaDOT. A motion to approve the signing of Resolution No. 2009-08 authorizing the Schuylkill Township Board of Supervisors to sign the Transportation Enhancement Reimbursement Agreement on Behalf of the Township for the Operation Safe Kids Pedestrian Walking Path was made.
Moved: Ledbetter Second:Cohen Approval: Cohen, Ledbetter, Morrisson, Vutz
Mrs. Williams was not present in the meeting room for this vote.
10:10 PM
Review and Approval to Advertise. Ms. Bird, Township Manager, informed the Board that the 537 Regional Plan requires each member municipality to have an on-lot septic ordinance. This ordinance must be stand-alone, not part of SALDO. Ms. Bird told the Board that Schuylkill Township’s proposed ordinance has been reviewed by the County Health Department. The Board discussed the language and requirements of such an ordinance. A motion was made to approve the advertising of the On-Lot Septic Ordinance for Schuylkill Township.
Moved: Ledbetter Second:Vutz Approval: Unanimous
Repeal of ordinance that self-serve is unlawful. A motion was made to prepare the necessary documents to proceed with the repeal of the Township Ordinance that self-serve gasoline is unlawful.
Moved: Ledbetter Second:Cohen Approval: Unanimous
Request new voting precinct. A motion was made to authorize the Township Manager to prepare a letter to Chester County Voter Services requesting that a new, additional voting precinct be established in Schuylkill Township.
Moved: Ledbetter Second:Cohen Approval: Unanimous
At 10:20 p.m., Mr. Brennan announced the Board’s intent to convene an Executive Session at this time and an additional Executive Session on Thursday, March 5, 2008 at 7:30 PM in order to discuss on-going and potential litigation matters. A motion to convene the Executive Sessions was made and approved as follows:
Moved: Vutz Second:Cohen Approval: Unanimous
At 10:40 p.m., the Board reconvened the regular meeting. Mr. Vutz reported that litigation matters had been discussed.
There being no further business for discussion, a motion to adjourn was approved as follows:
Moved: Vutz Second:Cohen Approval: Unanimous
Respectfully submitted,
Madeline M. Harbison
Township Secretary