MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: May 5, 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, Gary Gounaris - Open Space Commission, Galloway Morris – Zoning Hearing Board, Ian Plant-EAC, Jim Shaughnessy-Recycling Committee, Madeline Harbison-Township Secretary

CALL TO ORDER

The public meeting was called to order by Mrs. Cohen at 7:30 PM.  Mrs. Williams was detained.

Pledge of Allegiance

ANNOUNCEMENTS  

Earth Day 2010:  Mrs. Cohen shared her observations of an Earth Day celebration in Croatia where students created a colored map of the world using plastic bottle caps they had saved for 2 years.  The map was put together in a 2,000 year old amphitheater.

Police Week 2010:  Mr. Parry announced that National Police Week is May 9 through May 15, 2010 and that Monday, May 3rd was “Police Officers’ Memorial Day” in the Commonwealth of Pennsylvania.  On behalf of the Board and the residents of Schuylkill Township, Mr. Parry gave wholehearted thanks to our police officers who put their lives on the line every day to protect and serve our citizens.

PUBLIC PARTICIPATION   

Ms. Eva Lemker, 29 Saddlebrook Lane, was recognized by the Chair.  Ms. Lemker questioned why the most recent Board meeting minutes, April 7, 2010, were not up on the website prior to the May meeting.  Mrs. Bird explained that meeting minutes are not posted until approved by the Board; therefore the April minutes, which are approved at the May meeting, would be posted immediately after the May meeting.

Mr. Peter Mercuri, President-Pickering Glen Home Owners Association (“HOA”), addressed the Board regarding several old trees in the development which, in the opinion of the arborists hired by the HOA, need to be taken down.  Mr. Mercuri questioned whether a special permit was required in order to remove the trees.  Mrs. Bird responded that no permit was needed at this time.  Mr. Mercuri added that new trees would be planted to replace the trees removed.  Mr. Mercuri then mentioned that some additional trees on a neighboring property were also becoming a safety concern for a school bus stop located nearby, and asked if there was anything the township could do about the perceived problem.  Mrs. Bird responded that if the trees were on private property, the township could not dictate any action(s) and suggested that Mr. Mercuri either approach the owner of the property to see if any agreement could be made regarding the trees, or work with the school district to move the bus stop. 

CONSENT AGENDA      

  • Approval of Minutes of April 7, 2010 Regular Board of Supervisors Meeting. 
  • Approval of Treasurer’s Report for Period Ending April 30, 2010
  • Approval of Payment of Township Bills for Period Ending April 30, 2010
  • Acceptance of Department, Committee, Commission and Council Reports as posted and received by the Board of Supervisors.

    Motion to approve Consent Agenda: Mr. Parry moved to approve the consent agenda.  Mr. Vutz seconded.
    Motion Vote: The motion passed 4-0-0. Mrs. Williams was not present for this vote.

BOARD DISCUSSION ITEMS

  • Old Business
    • Open Bids Received for 2007 Ford Crown Victoria Police Car
      • Mr. Parry opened the nine (9) bids received.
        • Asia Motors Inc., Chicago IL..................................
          $ 5,865.00
        • Bay Ridge Motors, Staten Island, NY.....................
          $ 5,255.00
        • Chicago Motors Inc., Chicago, IL..........................
          $ 6,707.00
        • Friends Auto Sales, Island Lake, IL......................
          $ 6,168.00
        • Grace Quality Used Cars, Morrisville, PA............
          $ 6,148.00
        • Marks Motors, Maple Shade, NJ...........................
          $ 4,125.00
        • Police Car Store, LLC............................................
          $ 4,779.00
        • Sulli Motors, Ambridge, PA...................................
          $ 4,327.00
        • Ronald Winkelvoss, Wallingford, PA....................
          $ 2,976.00
      • Motion.    Mr. Vutz moved to accept the bid of $6,707.00 from Chicago Motors Inc.  Mr. Morrisson seconded.
      • Motion Vote.  The motion passed 4-0-0.  Mrs. Williams was not present for this vote.
    • Advertisement of Ordinance Amendment #2010-02 pertaining to the Regulation of Wastewater Discharges for the Valley Forge Sewer Authority amending Ordinance #02-04 of July 10, 2002. 
      • Motion.    A motion was made by Mr. Vutz to approve the advertising of Ordinance Amendment #2010-02 pertaining to the regulation of wastewater discharges for the Valley Forge Sewer Authority.  Mrs. Cohen seconded.
      • Mr. Morrisson asked what specific changes the amended would make to the original ordinance.  Mrs. Bird responded that it brings in best management practices and adheres to EPA mandates to update the 2002 ordinance.  Mr. Brennan added that he has reviewed Ordinance Amendment #2010-02 and it is in order.
      • Motion Vote.  The motion passed 4-0-0.  Mrs. Williams was not present for this vote.
    • Freedom Valley YMCA Trail Easement. 
      • Mr. Brennan requested a discussion of certain language and YMCA requests on this easement take place in executive session.  The Board concurred.
      • Tara Handforth, 344 Drummers Lane, had several questions regarding the cost/benefit of the trail(s).  Mr. Plant shared that at a recent Regional Trail planning meeting a connector trail from Valley Forge along Pawling Road and into Schuylkill Township was a topic of discussion. 
      • Mrs. Cohen asked Mr. Plant to work with the EAC to set up a public Open Trails meeting for township residents to make them aware of trail possibilities and regional connections.
  • New Business
    • Acceptance of Natural Lands Trust Proposal (“NLT”) to facilitate the establishment of a conservation easement on parcel F. 
      • Motion.    Mr. Parry moved to accept the Natural Lands Trust proposal to facilitate the establishment of a conservation easement on Parcel F.  Mr. Morrisson seconded.
      • Gary Gounaris of the Open Space Commission was recognized by the Chair.  Mr. Gounaris briefly explained the terms of the easement proposal and noted the funds being requested this evening were in the amount of forty-eight thousand dollars ($48,000.00) for estimated transactional costs. Mr. Gounaris further mentioned that with this agreement in place, Natural Lands Trust becomes the conservator in perpetuity of the conservation easement.
      • Ms. Handforth asked on what property the easement was being placed.  Mr. Morrisson explained that standard operating procedure in any open space transaction was that until all negotiations and terms were agreed to by the landowners, the subject property would remain unidentified to protect both the property owner’s and the township’s interests.  Ms. Handforth then asked how taxpayers knew on what their money was being spent.  Mr. Morrisson added that the decision to finalize any agreement or proposal for conservation easements or fee simple purchases must take place in an advertised public hearing and township residents could make their voice heard at that time.
      • Motion Vote.  The motion passed 4-0-0.  Mrs. Williams was not present for this vote.
    • Approval to Schedule a Public Hearing Date on June 2, 2010 for the Purchase of a Conservation Easement on a Certain Property in the Township. 
      • Motion.    A motion was made by Mr. Morrisson to approve scheduling a public hearing date on June 2, 2010 for the purchase of a conservation easement on a certain property in Schuylkill Township for a not to exceed amount of two million nine hundred and fifty thousand dollars ($2,950,000.00).  Mrs. Cohen seconded.
      • Motion Vote.  The motion passed 4-0-0.  Mrs. Williams was not present for this vote.
    • Waiver of Stormwater Management requirements for St. Anne’s Cemetery for additional impervious pavement. 
      • Motion.    Mrs. Cohen moved to waive stormwater requirements for St. Anne’s Cemetery, Pothouse Road, Phoenixville, Pennsylvania.  Mr. Morrisson seconded.
      • Mr. Morrisson asked if the Township Engineer had reviewed any plans submitted by St. Anne’s with regard to the impervious surfaces.  Mr. Sartor stated he had not and took the opportunity to remind the Board that township ordinance requires that any variance or waiver request over 1,500 square feet of impervious surface must go before the Zoning Hearing Board (“ZHB”).  Mr. Vutz recommended that this request for waiver of stormwater requirements be redirected to the ZHB and that the Board of Supervisors enter an appearance before the ZHB.
      • Mrs. Cohen withdrew her motion to waive stormwater requirements for St. Anne’s Cemetery.  A new motion was entered by Mrs. Cohen to approve the appearance of John Sartor, Township Engineer before the Zoning Hearing Board, if necessary, at the time the request for waiver of stormwater requirements for St. Anne’s Cemetery, Pothouse Road, Phoenixville, PA is scheduled before the ZHB.  Mr. Parry seconded.
      • Motion Vote.  The motion passed 4-0-0.  Mrs. Williams was not present for this vote.

Mrs. Williams arrived at 8:25 PM.

    • Authorization for Township Engineer to Perform a Traffic Study of Moorehall Development regarding Cut-Through Traffic and Speeding at a Not-to-Exceed Price. 
      • Motion.    Mr. Morrisson moved to authorize the Township Engineer to perform a traffic study of the Moorehall at Valley Forge residential development regarding cut-through traffic and speeding at a not-to-exceed cost.  Mr. Parry seconded.
      • Mrs. Bird asked Mr. Sartor if he could conduct such a study.  Mr. Sartor replied he could, the estimated cost would be about five thousand six hundred dollars ($5,600.00) and it would be done to PaDOT requirements, i.e., establish volume and speeds; analyze crash data-reported and non-reported and evaluate sight distances.  Mrs. Bird questioned whether the study would include cut-through counting (how many and at what speeds) and methods to deter this practice.  Mr. Sartor agreed this would be part of the study and that there would be two (2) counters at nine (9) different locations for seven (7) days.  Mrs. Bird asked if the study could be completed prior to the closing of the White Horse Road bridge on May 17, 2010 so altered traffic patterns due to the closing would not skew the study results.  Mr. Sartor thought this could be done.
      • Mrs. Cohen suggested that PaDOT be petitioned to re-establish the right-turn lane onto Starr Street.  She thought the reinstallation of the right turn lane would eliminate much of the back-up on Valley Forge Road and greatly reduce the amount of cut-through traffic in the Moorehall development.  Mr. Sartor thought this could possibly be pursued with PaDOT.
      • Motion Vote.  The motion passed 4-1-0, with Mr. Vutz dissenting.
    • Designation of FEMA Agent to Recoup Cost of Snow Event between February 5 – 11, 2010.
      • Motion.    Mr. Vutz moved to designate Mary R. Bird, Township Manager, as the township Federal Emergency Management Agency (“FEMA”) Agent in the matter of recouping costs of the snow event between February 5 – 11, 2010.   Mrs. Cohen seconded.
      • Motion Vote.  The motion passed 5-0-0.
    • Legal Matters.
      • Mr. Brennan updated the Board on certain on-going township legal matters.
        • Levin.  Currently on the trial list, however, two new motions have been filed by opposing counsel, to amend pleadings and for Summary Judgment.  It is likely the case will be removed from the trial list.
        • Higby I.  The case was sent back to the lower court.
        • Higby II.  The work on completion of the improvements has started according to the terms of the agreement reached between the developer, the HOA and the township.  The matter is moving ahead.
        • CitySwitch LLC.  The fine case is scheduled before District Judge Michaels on May 19.  A deposition of a Norfolk Southern representative is scheduled for May 29.  Possible trial date in July.
  • Resolutions/Ordinances
    • Resolution No. 2010-09, Revision of Resolution 2010-07: to purchase Asphalt using the Pennsylvania State Contract No. 5610-36 through Independence Construction Materials (“ICM”). 
      • Motion.   A motion was made by Mr. Morrisson to approve Resolution No. 2010-09, Revision of Resolution 2010-07: to purchase Asphalt using the Pennsylvania State Contract No. 5610-36 through Independence Construction Materials.  Mr. Parry seconded.
      • Mrs. Williams noted that the base prices in Resolution No. 2010-09 were higher than those stated in Resolution 2010-07 and asked if ICM could be held to the original pricing.  Mrs. Bird explained that the prices noted in the prior Resolution (2010-07) were the asphalt index price for April. The cost shown in Resolution 2010-09 is the base price.  Actual cost depends on the asphalt index and will fluctuate according to the price of oil.
      • Motion Vote.  The motion passed 5-0-0.
    • Ordinance No. 2010-01:  An Ordinance Prohibiting the Use of Brake Retarders on Route 29 (State Road) from Creek Road/Fox Run Lane to Buckwalter Road. 
      • Motion.    A motion was made by Mr. Vutz to approve Resolution No. 2010-01 prohibiting the use of brake retarders on Rte. 29 (State Road) from Creek Road/Fox Run Lane to Buckwalter Road.  Mr. Morrisson seconded.
      • Mr. Galloway Morris was recognized by the Chair.  Mr. Galloway inquired about the safety issue in the prohibition of brake retarders on a road with downhill grades such as Rte. 29.  Mrs. Bird explained that PaDOT had stringent specifications on where such prohibitions could be placed depending on grade calculations, and the level stretch between Creek Rd/Fox Run La. and Buckwalter Rd. is an allowable area.
      • Motion Vote.  The motion passed 5-0-0.
  • Subdivisions/Land Development
    • Approval of the As-Built Plan for Phoenixville Area School District (“PASD”) Phase 1 and Phase 2B Projects. 
      • Motion.   Mr. Morrisson moved to accept the as-built plan for PASD Phase 1 and Phase 2B projects conditional upon the acceptance of the current PASD Middle School project plans.
      • Motion Vote.  The motion passed 5-0-0.
    • Escrow Release No. 3 for PASD Phase 1.
      • Motion.    Mrs. Williams moved to approve Escrow Release No. 3 for PASD Phase 1 in the amount of $2,224.33 as recommended by the Township Engineer, Gilmore & Associates, Inc., in their review report dated April 28, 2010.  The amount remaining in this escrow account is $0.00.
      • Motion Vote.  The motion passed 5-0-0.
    • Escrow Release No. 2 for PASD Phase 2B. 
      • Motion.    Mrs. Williams moved to approve Escrow Release No. 2 for PASD Phase 2B in the amount of $2,000.00 as recommended by the Township Engineer, Gilmore & Associates, Inc., in their review report dated April 28, 2010.  The amount remaining in this escrow account is $0.00.
      • Motion Vote.  The motion passed 5-0-0.
    • Approval of Contractor to Fix Certain Sidewalks in Pickering Glen Development. 
      • Mrs. Bird read the results of the RFP for the Pickering Glen residential development sidewalk repair project.  Six (6) companies were contacted to provide proposals.  Three (3) responded, attended the obligatory site meeting, and submitted proposals.
        • Delaware Valley Paving Inc., Valley Forge, PA.....
          $ 2,087.20
        • Forcine Wall & Patio, Inc, West Chester, PA........
          $ 6,350.00
        • R.J. Sell Excavating, Inc., Pennsburg, PA..............
          $ 2,800.00
      • Motion.    A motion was made by Mrs. Williams to accept the Delaware Valley Paving Inc. proposal of $2,087.20 for the repair of certain sidewalks in the Pickering Glen development.  Mr. Parry seconded.
      • Motion Vote.  The motion passed 5-0-0.
    • Escrow Release No. 4 for the EDC Property, 1000 Township Line Road. 
      • Motion.    Mrs. Williams moved to approve Escrow Release No. 4 for the EDC property, 1000 Township Line Road, in the amount of $93,874.58 as recommended by the Township Engineer, Gilmore & Associates, Inc., in their review report dated April 28, 2010.  The amount remaining in this escrow account is $97,458.43.
      • Motion Vote.  The motion passed 5-0-0.
    • Approval of As-Built Plans for H & S Plumbing, French Creek Business Park (“FCBP”) Lot #6. 
      • Motion.    Mrs. Williams moved to approve the as-built plans for H & S Plumbing, FCBP Lot #6 based upon recommendations of the Township Engineer, Gilmore & Associates, Inc., in their review report dated April 28, 2010.  Mrs. Cohen seconded.
      • Mr. Sartor was recognized by the Chair.  Mr. Sartor noted that there was one minor outstanding issue noted on page 2, item 4, of the review report.  He stated the unresolved issue is that of riprap installation in the swale along the full width of the Buckeye Partners LP pipeline easement per Sheet 3 of approved plans.  Mr. Sartor went on to say that he considers this a minor issue because he has done site visits and, in his opinion, no erosion within the swale has been observed. Mr. Sartor said the riprap installation in the swale along the pipeline was a requirement of Buckeye Partners LP.   The Board recommended that the riprap requirement for the swale be reviewed with a representative of Buckeye Partners LP to determine if it was still required, and the as-built plan approval for FCBP, Lot #6 could be revisited once the Township Engineer reported back to the Board of Supervisors.
      • Mrs. Williams withdrew her motion to approve the as-built plans for H & S Plumbing, FCBP Lot #6.
    • Escrow Release No. 6 for the Pitter Patter Daycare, FCBP Lot #1. 
      • Motion.    Mrs. Williams moved to approve Escrow Release No. 6 for the Pitter Patter Daycare, FCBP Lot #1, in the amount of $38,986.25 as recommended by the Township Engineer, Gilmore & Associates, Inc., in their review report dated April 26, 2010.  The amount remaining in this escrow account is $156,234.57.
      • Motion Vote.  The motion passed 5-0-0.
    • Escrow Release No. 1 for the Stormwater System, Pitter Patter Daycare, FCBP Lot #1. 
      • Motion.    Mrs. Williams moved to approve Escrow Release No. 6 for the Pitter Patter Daycare, FCBP Lot #1, in the amount of $58,574.64 as recommended by the Township Engineer, Gilmore & Associates, Inc., in their review report dated April 26, 2010.  The amount remaining in this escrow account is $3,318.16.
      • Motion Vote.  The motion passed 5-0-0.
  • Two Minute Reports
    • PASD Commercial Development Task Force.   Mrs. Williams updated the Board on the progress of the PASD initiative for commercial development.  There are 96 commercial parcels; a short list of those eligible for local tax rebates is being prepared.
    • GVFTMA.  Mrs. Cohen updated the Board on GVFTMA activities.  She noted that a DVRPC representative will be giving a presentation at the Board of Supervisors meeting in July on 422 Corridor plans.
    • Historic Schuylkill School.  Mrs. Cohen will be presenting the survey report to the PASD Building and Grounds Committee on May 6.
    • Regional Planning.  Mr. Parry gave a brief summary of the PRPC activities, noting that Mr. Morris Quigg has replaced Mr. Reading as the Schuylkill Township representative.
    • Codification of Township Ordinances.  Mr. Morrisson reported that the initial phase of the project has been completed.
    • Motion.  Mr. Morrisson moved that the Board approve the advertisement for approval at the July 7, 2010 Board of Supervisors meeting the Subdivision and Land Development Ordinance Revision List, the Zoning Ordinance Revision List and the Stormwater Ordinance Revision List to be incorporated into existing ordinances.  Mrs. Cohen seconded.
    • Motion Vote.  The motion passed 5-0-0.
  • Additional Business
    • Approval for Chester County Planning Commission and the DVRPC to present an Overview of the US 422 Master Plan at the July 7, 2010 Board meeting. 
      • Motion.   Mrs. Cohen moved to approve a presentation of the US 422 Master Plan by the Chester County Planning Commission and the DVRPC at the July 7, 2010 Board of Supervisors meeting.  Mr. Vutz seconded.
      • Motion Vote.  The motion passed 5-0-0.
  • Executive Session
    • At 9:45 PM, Mrs. Cohen called for a motion to move into executive session.  Mr. Vutz so moved; Mr. Morrisson seconded and the motion passed 5-0-0.  Mr. Brennan stated that certain personnel and litigation matters would be discussed.
    • 12:05 AM.  The public meeting of the Board reconvened.
  • Audit Extension. 
    • Motion.   Mr. Morrisson moved to authorize the Schuylkill Township Board of Auditors to extend the audit of the township’s real estate tax account to include the period fiscal year 2009 and related items for the period fiscal year 2008 and, when necessary, using third party resources.  Further, the status of this audit is to be reported to the Board of Supervisors at their regular meetings on a monthly basis through September 2010.  Finally, the extended audit is to be completed by October 6, 2010 for a not to exceed amount of $3,000.00.   Mrs. Cohen seconded.
    • Motion Vote.  The motion passed 5-0-0.
  • Reeves/Pohlig Builders. 
    • Motion.   A motion was made by Mr. Vutz to ratify the taking of the appeal by Lamb McErlane in the case of Pohlig Builders LLC v. Schuylkill Township in the Court of Common Pleas of Chester County.  Mrs. Cohen seconded
    • Motion Vote.  The motion passed 5-0-0.
  • Sergeant Clifford Barnett. 
    • Motion.   Mrs. Cohen moved that the Board of Supervisors of Schuylkill Township will continue to pay the salary of Sergeant Clifford Barnett of the Schuylkill Township Police Department conditional upon 1) Sergeant Barnett uses all his sick and vacation time; 2) Sergeant Barnett continues to aggressively pursue his workers’ compensation case; and 3) if Sergeant Barnett wins his workers compensation case, he turns over to the township all sums paid to him by the compensation carrier.  Additionally, the decision to continue to pay the salary of Sergeant Barnett is without prejudice and the township reserves the right to discontinue the payment of Sergeant Barnett’s salary at any time.  Furthermore, any payment is also subject to the approval of the workers compensation carrier so the township is not compromising the compensation carrier’s case.  Mr. Morrisson seconded the motion.
    • Motion Vote.  The motion passed 5-0-0.
  • Full-time status for Madeline Harbison. 
    • Motion.   Mrs. Cohen moved that the Board approve Madeline Harbison to move from part-time to full-time status effective May 10, 2010 with a salary of $17.50 per hour to be effective June 1, 2010.  Mr. Vutz seconded.
    • Motion Vote.  The motion passed 5-0-0.

ADJOURNMENT

At 12:15 AM, a motion was made by Mrs. Williams to adjourn the meeting.  Mrs. Cohen seconded the motion.  The motion passed 5-0-0.

Next Board Meeting:  June 2, 2010  7:30 PM

Respectfully submitted,

 

Madeline M. Harbison
Township Secretary