BOARD MEMBERS PRESENT:
Norman Vutz, Chair; Barbara Cohen, Vice-Chair; Lee Ledbetter; Jim Morrisson; Laurie Williams;
Mary Bird, Township Manager; William Brennan, Township Solicitor; John Sartor-Gilmore & Assoc., Township Engineer
Mrs. Williams was not present for the first hour of the meeting due to a schedule conflict.
Also present: Rick Beittel, Jr., Fire Chief; Nick Cinciripino, Roadmaster; Jim Fetterman, Chief of Police; Fred Honigman, EOC; Steve Kunz, Environmental Advisory Council, Bob Mauch, Open Space Commission; Galloway Morris, Zoning Hearing Board and Jim Shaughnessy, Recycling Committee.
Eleven (11) Township residents were in attendance.
7:30 PM
Called to Order
Pledge of Allegiance
PUBLIC PARTICIPATION:
Mr. Michael DiPaolo, 120 Graham Road, was recognized by the Chair. Mr. DiPaolo informed the Board that he was present on behalf of the homeowners on Graham Road to determine the status of the repairs to Graham Road. Mr. DiPaolo said that residents of Graham Road feel the road is deteriorating significantly and, although the road is a Township road and maintenance is a Township responsibility, residents of Graham Road are willing to pay half the cost of repairing Graham Road. Mr. DiPaolo stated that his understanding of the most recent Board consensus was the Township did not want the on-going maintenance of what it considered to be a private driveway for a very limited number of homeowners, and the Township would repair the road only if Graham Road residents are willing to take it back as a private thoroughfare. Mr. DiPaolo informed that Board that residents will not take back the road and asked the Board for an update.
Mr. Vutz responded that the Township is maintaining Graham Road according to the dedication agreement and that the Township does not want the road because it does consider it to be, in effect, a private drive. Mr. Vutz went on to say that the Township can vacate roads without owner concurrence.
Mr. DiPaolo reminded the Board that the dedication agreement was made prior to the present owners’ occupancy and prior to the current Board’s terms of office. He went on to say that the Graham Road residents thought they were meeting the Board half-way by offering to pay a portion of the road repair cost. Mr. DiPaolo stated that vacating Graham Road by the Township would, in effect, be a condemnation and residents of the road would be willing to take the dispute to court, if needed.
Mrs. Cohen said that if the residents of Graham Road and the Township could come to an agreement that the road would be repaired and revert to the homeowners, it could be a plus. Mrs. Cohen stated that, in her opinion, a private road would be a value-add to the adjacent properties, it would be many years before major work would again be required on the road and routine maintenance cost would be shared by multiple homeowners. Mrs. Cohen then asked Mr. DiPaolo if both parties could move forward by proposing a scheduled turn-over in five years and asked Mr. Brennan if this action was allowed. Mr. Brennan responded that it was if all parties were in agreement.
Mr. DiPaolo told Mrs. Cohen that the Graham Road residents would not be a party to any turnover agreement. They are willing to pay half of the $35,000.00 +/- required to bring the road to Township standards.
Mr. Ledbetter stated that it is the Township’s opinion that Graham Road does not need the level of investment for which residents of the road are asking. He went on to say that the Board felt it was meeting the Graham Road residents more than half-way by offering to fix the road with the understanding that it would be turned over to the homeowners immediately after repairs were completed. Mr. Ledbetter further stated that the Township road maintenance plan is done on a priority basis. He said there are other roads in the Township in more urgent need of work and Graham Road does not warrant a high priority at this time.
Mr. DiPaolo stated that he would have an estimate done to repair the holes and cracks in Graham Road and would bring the estimate for discussion at the next Board meeting. He requested the Board’s permission to work with Mr. Cinciripino to prepare the estimate request. On behalf of the Board, Mr. Vutz granted permission and requested that Mrs. Williams be included as Chair of the Highway Committee.
Mr. William L. Wynn of 16 Beacon Hill Drive was recognized by the Chair. Mr. Wynn stated his reason for appearing before the Board was to petition for 25 mph speed limits to be posted on Beacon Hill Drive and Beacon Hill Lane. Mr. Wynn went on to say it was his understanding that, without speed limit signs, the speed limit in residential areas was 35 mph. Mr. Wynn’s opinion is that is too high for this type of residential area and the amount of pedestrian traffic therein. Mr. Ledbetter was informed by Chief Fetterman that a traffic study need not be done before posting new speed limits but he would have to check on whether the change must be advertised before implementation. A motion to initiate the ordinance process for posting speed limits of 25 mph on Beacon Hill Drive and Beacon Hill Lane was made.
Moved: Ledbetter Second: Cohen Approval: Cohen, Ledbetter, Morrisson, Vutz
Mrs. Williams was not present for this vote.
Mr. Ross Nilan, 75 N. Russell Road, was recognized by the Chair. Mr. Nilan, with his neighbor, Ms. Kristine L. McArthur, 69 N. Russell Road, was present to discuss a drainage problem on their properties due to stormwater runoff from the road; which they perceive to be a Township issue. Mr. Cinciripino, Township Roadmaster, replied that this has been a problem area for some time because (a) the road is higher than the adjacent properties and (b)there are no stormwater inlets on the road and no place for runoff to drain. He went on to say that he and the Township Manager have looked at it in the past and come to the conclusion that the only fix is to build a slope from the road to the existing swale on the property where the water can sheetflow naturally. Ms. Cohen interjected that the Board would need to know the scope of the work and cost before anything could be started. Mr. Cinciripino replied that this was really a property owner issue and not the Township’s responsibility; however, he would like the Board’s permission to have the Township Engineer look at the problem area and render his opinion. The Board granted permission for the Township Engineer to investigate the drainage issue and informed Mr. Nilan and Ms. McArthur that the problem would be taken under advisement by the Board.
A motion was made to approve the Minutes of the April 1, 2009 Regular Board of Supervisors Meeting.
Moved: Cohen Second: Ledbetter Approval: Cohen, Ledbetter, Morrisson, Vutz
Mrs. Williams was not present for this vote.
A motion was made to approve the Treasurer’s Report for the period ending April 30, 2009 as read with a total of $3,991,031.22 in various Township accounts.
Moved: Vutz Second: Cohen Approval: Cohen, Ledbetter, Morrisson, Vutz
Mrs. Williams was not present for this vote.
A motion was made to approve the payment of Township bills as presented on the Statement of Expenditures, Encumbrances & Appropriations for the Period Ending April 30, 2009.
Moved: Cohen Second: Vutz Approval: Cohen, Ledbetter, Morrisson, Vutz
Mrs. Williams was not present for this vote.
Clothier Springs Road Culvert Replacement Payment Request #2 in the amount of $96,145.00. Upon the recommendation of the Township Engineer that the payment amount requested by Passerini Construction, Inc. is generally reflective of work completed for the project, a motion to issue payment in the amount of $95,645.00 was made. Mr. Sartor noted that this amount paid to Passerini would close out all monies due but a $500.00 retainage to be withheld until the grass seed is established at the project site.
Moved: Vutz Second: Cohen Approval: Cohen, Ledbetter, Morrisson, Vutz
Mrs. Williams was not present for this vote.
Jug Hollow Road Culvert Liner Replacement Payment Request #1 in the amount of $38,610.00. Upon the recommendation of the Township Engineer that the payment amount requested by DiRocco Bros. Inc. is not reflective of work completed for the referenced project and subtracting a retainage of 10% of the amount completed to date, a motion to issue payment in the adjusted amount of $28,417.50 was made.
Moved: Vutz Second: Cohen Approval: Cohen, Ledbetter, Morrisson, Vutz
Mrs. Williams was not present for this vote.
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Draft Resolution for Taping of Board of Supervisors Meetings. The Township Manager presented the draft resolution to the Board as requested by Mrs. Williams. After a brief discussion, it was the consensus of the Board that this draft resolution for audio recording of Township Board of Supervisors Meetings be tabled.
LED Traffic Signal Program. The Township Manager updated the Board on the LED replacement program for Township traffic signals. In an effort to reduce the operating cost of the Township’s traffic signals, Schuylkill Township requested an energy audit from the power company. PECO performed an audit of Township signals and found that a number of traffic signals within the Township still use incandescent lights rather than LED. Of the eight (8) traffic signals within the Township, four (4) either have installed or will shortly have LED’s installed as part of the Closed Loop System project currently underway by PennDOT on State Route. 23. The Township Manager requested the approval of the Board to move ahead with the replacement of incandescent lights with energy efficient LED bulbs on two (2) of the remaining four (4) traffic signals without LED lamps. The cost for the retrofit of the two traffic signals is $6,436.00 (the White Horse and Pothouse Roads intersection is $3,296.00; the White Horse, Creek and Valley Park Roads intersection is $3,140.00) and has been accounted for in the Township’s 2009 budget. In addition to the energy savings, the Township’s potential savings on the maintenance and operating costs of these two traffic signals after five years is $6,203.85; after seven years is $11,259.79 and $18,906.70 in ten years. These figures reflect savings after the initial payback period of two and a half years. Schuylkill Township will be applying to the Pennsylvania Department of Community and Economic Development for grant money to offset this cost. A motion to approve a work order for replacing the incandescent bulbs at the White Horse and Pothouse Roads intersection and the White Horse, Creek and Valley Park Roads intersection with energy efficient LED lamps was made.
Moved: Vutz Second: Ledbetter Approval: Cohen, Ledbetter, Morrisson, Vutz
Mrs. Williams was not present for this vote.
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Commendation for Corporal Robert E. Crabtree. Chief Fetterman briefly recapped the April 24, 2009 explosion at the Phoenixville water treatment plant and Corporal Crabtree’s role as the first on-site respondent to the emergency. Chief Fetterman read an excerpt from the Phoenixville’s Chief of Police letter of commendation to Corporal Crabtree for his exemplary actions and aid to the injured worker he found at the scene. The letter has been placed in the Corporal’s file. Mr. Ledbetter, on behalf of the Board, asked Chief Fetterman to add a letter of commendation from the Township to Corporal Crabtree’s file and to thank the Phoenixville police chief for his letter. Mr. Ledbetter then brought up the need to establish an official award plaque and award criteria for outstanding actions by police officers, firemen, and others in the Township.
A discussion ensued amongst the Board members and the Police Chief on the Township’s ongoing interaction with Chester County regarding county communications systems.
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Jug Hollow Road Culvert Liner Installation Change Order Nos. 1, 2 & 3. Mr. Vutz asked Mr. Sartor for a brief run-down of the change orders and circumstances at the site which caused DiRocco Bros. Inc. to issue them. Mr. Sartor complied.
Change Order No. 1 - $19,850.00. It was discovered that there was not a stable base at the existing level in the stream bed; additional depth would be required as well as an additional concrete tunnel footer and additional storm pipe, inlets and concrete work would be required to tie into the existing culvert under the driveway at 30 Jug Hollow Road. Also, the original quote for the liner installation included removal of a reasonable amount of material from the work site – 5 truckloads of debris was removed. These issues were hidden prior to construction and the contractor could not have foreseen them. It is Gilmore & Associates’ recommendation that this change order be approved.
Change Order No. 2 - $850.00. After the additional material was removed from the culvert, a bump-out into the culvert was discovered by DiRocco Bros. It appears to be a structural component of the original culvert and was not visible prior to the debris being removed. There was a work-stop to meet with Township officials to inspect the problem and determine how the liner installation could proceed. DiRocco lost a day’s work for which the change order was issued. It is Gilmore & Associate’s recommendation that this change order be approved.
Change Order No. 3 - $8,735.00. Because of the bump-out into the culvert, the liner could not be installed as originally planned. The liner would have to be angled around the existing bulwark which required additional concrete work. It is Gilmore & Associate’s recommendation that this change order be approved.
Mr. Sartor offered photographs of the impediments to the liner installation and mentioned that even with the issues encountered; the job was ahead of schedule. Completion was originally to be the first week in June but at this time, it appears there are only three or four days of work left.
Mr. Sartor recapped, stating the original price quoted for the liner installation was $61,900.00 and now, with the 3 change orders, it is $91,335.00. Mr. Ledbetter stated that the Board knew this would be a problematic fix, that he felt the Township was being fairly treated by DiRocco and asked for a motion to approve the change orders. A motion to approve DiRocco Bros. Inc. Change Order Nos. 1, 2 and 3 in the amounts of $19,850.00, $850.00 and $8,735.00, respectively, was made.
Moved: Cohen Second: Vutz Approval: Cohen, Ledbetter, Morrisson, Vutz
Mrs. Williams was not present for this vote.
Resolution No. 2009-11 (Asphalt). A motion to approve Resolution No. 2009-11 to participate in Pennsylvania State Contract No. 5610-36 entitled Bituminous Material, Plant Mixed, Districts 1-12 for a contract period to February 28, 2010 was made.
Moved: Vutz Second: Cohen Approval: Cohen, Ledbetter, Morrisson, Vutz
Mrs. Williams was not present for this vote.
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Rafe Henin Firefighter of the Month
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Spring Cleanup 2009. The leaf recycling yard was open on Saturday, May 2. Drop-offs by resident were not numerous but were steady throughout the day.
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SEPA-VOAD Training. Mr. Morrisson commended Mr. Honigman on the disaster training organized in April and asked about additional training. Mr. Honigman replied that the Township Supervisors should be certified in disaster training in the event there is a call up and recommended checking the SEPA-VOAD for the free training seminars offered in the area.
Mr. Honigman mentioned that he has received a grant from Chester County to purchase AV equipment and software.
EOC Volunteers. Mr. Honigman reported that, with 11 EOC volunteer members, he is confident that the Township will perform well in the Limerick Power Plant emergency response exercises scheduled in the fall of 2009. Mr. Morrisson then questioned Mr. Honigman on the availability of potassium iodide (K1) tablets in the event of a true emergency at the Limerick plant. Mr. Honigman responded, reminding the Board and residents that the function of K1 tablets is to limit the accumulation of radiation in the thyroid of the person taking the tablets; that they are not a total systemic or comprehensive protection against radiation. He then informed Mr. Morrisson that K1 tablets for public use should be available anytime at the Chester County Health Department office at the Government Services Center on Westtown Road in West Chester. In the event of an emergency, the lines of distribution are currently unclear. It should be a PODs (Points of Distribution) issue-Chester County has committed to participating but is a bit behind.
Mr. Morrisson asked Mr. Honigman to investigate the County’s readiness with PODs and to make this research a priority; it is applicable not only to a power plant emergency but other types of emergencies as well, such as a flu epidemic. Once the process has been clarified, Mr. Morrisson asked Mr. Honigman to ensure it is posted on the Township
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8:40 PM Mrs. Williams joined the meeting.
No meetings have been scheduled.
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Mr. Morrisson mentioned that he has seen a good number of signs littering roadways in the Township. Mrs. Bird advised Mr. Morrisson that he, and any other concerned resident, should call the Township Zoning Administration Officer regarding inappropriate signage.
POSTED.
The next meeting is Monday, May 18, 2009 at 7:00 p.m. in the Township building.
Historic Preservation Consultant Request for Proposals (RFP). Mrs. Cohen reported that Mr. Robert Wise, of Wise Preservation Planning consulting service, gave a superb presentation to the Historic Commission on how preservation efforts are conducted throughout Chester County. Mr. Wise had some questions on the RFP issued by the Historic Commission in April, and offered several suggestions on how it might be clarified. Mrs. Bird, Township Manager, reported to the Board that the RFP has been recalled. The document will be rewritten, incorporating Mr. Wise’s suggestions, and an amended RFP will be reissued in the near future.
POSTED.
The next meeting is Tuesday, May 26, 2009 at 7:30 p.m. in the Township Building.
Clean Energy Community Campaign. Steve Kunz announced to the Board that, appropriately enough, on Earth Day 2009 (April 22), Schuylkill Township received Pennsylvania Clean Energy Community status and has been awarded its free solar energy system. Mr. Kunz congratulated and thanked the residents of Schuylkill Township for their commitment to renewable energy sourcing. Mr. Kunz went on to say that the details were being worked out for installation of the free solar panel array (valued at $10,000.00) at the Township municipal complex.
New committee members. Mr. Kunz presented, for the Board’s consideration, the names of two (2) new members for the EAC. To fill the currently vacant slot, the EAC proposed Mr. Douglas L. White, 930 Valley Forge Road. Mr. Mark H. Fischer, 312 Buckwalter Road, is proposed for the alternate member seat. Mr. Kunz requested that the Board ratify the selection of these two candidates. A motion to approve Mr. White and Mr. Fischer for seats on the Township Environmental Advisory Committee was made.
Moved: Williams Second: Cohen Approval: Unanimous
Subdivision and Land Development (SALDO) Native Plant Ordinance No. 2009-03. Mrs. Bird informed the Board that comments from both the Township and Chester County Planning Commissions have been received. There were no comments from the Township’s commission and Chester County’s comments were minor clarifications regarding placement of plant list tables and specifying references to the new plant list. The county input has been reviewed by the EAC and the Township Engineer and both concur with the changes recommended by the county. Gilmore & Associates has suggested additional changes to the language in sections 514.d.4.a (1) and 514.D.5c (2) of the SALDO regarding conflicting statements on the installation of street trees in rights of way. Mr. Ledbetter said his thoughts were to make the county-recommended changes now and incorporate the language correction noted by Gilmore & Associates into the ordinance codification project currently underway. The Board concurred and requested that Mr. Morrisson, as liaison to the codification project, make a note of the clarifications recommended by Gilmore.
Mrs. Bird questioned Mr. Brennan on the next steps in the process of approving the revised ordinance. Mr. Brennan stated that minor changes to ordinances need not be advertised but major revisions must be advertised prior to being adopted. A motion was made to incorporate the changes recommended by Chester County’s Planning Commission to Draft Ordinance No. 2009-03 amending the Township’s Subdivision and Land Development Ordinance Article V, Section 514, and to advertise the revised Draft Ordinance for the June 3, 2009 Board of Supervisors meeting.
Moved: Ledbetter Second: Cohen Approval: Unanimous
POSTED.
The next meeting is Monday, June 1, 2009 at 7:30 p.m. in the Township Building.
New commission members. Mr. Bob Mauch reported that candidate interviews for the vacant Alternate seat on the Open Space Commission will take place on Thursday, May 21, 2009. There are two candidates for the Alternate seat. Mr. Mauch recapped the status of an Alternate member for the Board. The Alternate member functions as a full member of the Commission with one exception; the Alternate only votes if one of the full members is absent from a meeting. The Alternate participates in all OSC meeting discussions and, depending on the skill set of the Alternate, may be asked to perform certain action items on behalf of the OSC.
Expenditure approval. Mr. Bob Mauch petitioned the Board for approval to expend $10,000.00 for the appraisal of a certain property, subject to the property owner’s approval. Mr. Mauch informed the Board that this is an “at-risk” property, the owner of which is seriously considering selling to developers. The OSC has had several meetings with the owning entity’s CEO and Board of Directors and will have the opportunity to present a proposal on behalf of the Township. Mr. Mauch stated the petition for expenditure is being made now in order that the OSC be in a position to move ahead rapidly once the property owner gives official approval. A motion was made to approve the expenditure of $10,000.00 for the appraisal of a certain at-risk property once official permission is given by the property owner.
Moved: Cohen Second: Morrisson Approval: Unanimous
Mr. Morrisson reported that an action plan for 2009 is currently being devised. The deer population in the Township has increased slightly because of the low harvest last season.
POSTED.
The next meeting is Wednesday, May 20, 2009 at 8:00 p.m. in the Township Building.
Mr. Morrisson recapped the April 15, 2009 Planning Commission meeting for the Board.
Nothing to report.
GVFTMA. Nothing to report.
The next meeting is Wednesday, May 27, 2009 at 7:30 p.m. in the Township Building.
Mr. Ledbetter recapped the April 29, 2009 PRPC meeting and presented two items requiring action by Schuylkill Township’s Board of Supervisors.
Schuylkill River National Heritage Area. The PRPC is requesting that member municipalities send a letter to the Chester County Planning Commission recommending 1) the Schuylkill National Heritage Area be included on the Landscapes 2 Livable Landscapes Map: Protection Areas of National Significance and 2) the National Heritage Area be discussed in the policy elements addressing Natural Resources, Economic Development and Historic Resources. Mrs. Cohen expressed her opinion that the Schuylkill River Heritage Center at Phoenixville should be also be included in the Schuylkill River National Heritage Area and asked that the Board request this as well in any letter sent to the county. A motion was made to send a letter to the Chester County Planning Commission with the recommendation suggested by the PRPC that 1) the Schuylkill National Heritage Area be included on the Landscapes 2 Livable Landscapes Map: Protection Areas of National Significance; 2) the National Heritage Area be discussed in the policy elements addressing Natural Resources, Economic Development and Historic Resources and 3) to include as part of the Schuylkill River National Heritage Area the Schuylkill River Heritage Center at Phoenixville. Some discussion ensued regarding who should be the signatory of this letter with the concurrence of the Board being that Mr. Vutz should sign. The motion was amended accordingly.
Moved: Ledbetter Second: Cohen Approval: Unanimous
Rt. 23 & Township Line Rd Intersection. A multi-municipal meeting will be scheduled to discuss the straightening of Township Line Road over French Creek. The three municipalities involved are East Pikeland Township, Schuylkill Township and the Borough of Phoenixville. Mr. Ledbetter recommended that Gilmore & Associates attend the meeting as well and made a motion to approve the expenditure of having the Township Engineer attend the meeting(s) of East Pikeland Township, Schuylkill Township and the Borough of Phoenixville to discuss the straightening of Township Line Road over French Creek.
Moved: Ledbetter Second: Morrisson Approval: Unanimous
Executive Session May 4, 2009. Mr. Brennan reported that items discussed were the Reeves property/Pohlig Builders real estate and litigation matters, and that an executive session has been scheduled immediately following this Board meeting on May 6, 2009.
Mr. Brennan updated the Board on several on-going litigation matters.
Falcone Tax Appeal Settlement – Tax Parcel No. 27-8-18. The Phoenixville Area School District and Chester County Board of Assessment have accepted a proposed settlement for this property at a fair market value of $925,000.00/assessed value of $478,225.00. Mr. Brennan asked for a motion to approve the settlement for Schuylkill Township. A motion was made to approve Schuylkill Township’s concurrence with the proposed settlement accepted by the Phoenixville Area School District and Chester County Board of Assessment of a fair market value of $925,000.00/assessed value of $478,225.00 for Tax Parcel No. 27-8-18.
Moved: Ledbetter Second: Cohen Approval: Cohen, Ledbetter, Morrisson, Williams Dissent: Vutz
City Switch Cell Tower. Mr. Brennan reported that the April 7, 2009 mediation had resulted in a conclusion/proposal which would be discussed in the executive session immediately following the Board meeting. Mr. Brennan went on to state that it had come to the Township’s attention this day that City Switch had recommenced construction of the communication tower. The Township’s options regarding this would be discussed as well in executive session.
A resident of The Meadows at Valley Forge (MVF) expressed his concern that this matter would be pursued in executive session and his worry that (MVF) homeowners’ interests were not being adequately represented.
Mr. Brennan responded that it is a standard municipal practice while in litigation to discuss strategy and options in executive sessions; it is simply a matter of exercising due diligence. Mr. Brennan told the residents of MVF who were present that he is not in a position to advise them directly; his client is the Board of Supervisors of Schuylkill Township. Mr. Brennan went on to say that the homeowners may, at any time, hire their own attorney to pursue a case against City Switch, independent of the Township’s case, if they feel their interests are not wholly in sync with the Township’s. Some discussion ensued regarding the basis of the Township’s case. No action was required by the Board at this time.
Levin. Mr. Brennan informed the Board that oral argument on the Levin motion for summary judgment was scheduled before Judge Howard Riley, Chester County Court House, on May 15, 2009 at 9:30 a.m.
Cash Deposit in lieu of Letter of Credits being held. The Phoenixville Area School District (PASD) sent a letter to the Township Manager, dated April 28, 2009, requesting the consideration of Schuylkill Township to release two (2) letters of credit (L/C), SM413399 in the amount of $2,326 and SM421860 ($225,206.00) currently held by the Township through Wachovia Bank, and to accept cash deposits from the PASD in their stead. Mrs. Bird informed the Board that the Township is holding $11,720.00 in L/C SM212364W for the Schuylkill Elementary School Project, for the PASD, Phase 1 project, L/C SM413399C in the amount of $2,224.33 and for the PASD, Phase 2B project, L/C SM421860W in the amount of $225,205.90. Mrs. Bird went on to explain that on March 3, 2005 a letter was sent to Ms. Diekow, former Business Manager for the PASD, releasing $223,205.90 from L/C SM421860W, leaving in escrow $2,000.00 for that project; however, the Township never received an amendment to the L/C reducing the escrow after the escrow release was approved by the Township. Mr. Ledbetter asked why monies were still being held if the projects were completed. Mrs. Bird replied the escrows were still in place because the Township Engineer has not received signed and sealed as-built plans or stormwater management calculations for these three projects despite repeated requests for the items made by the Township Engineer.
A motion was made that the Township Manager would verbally inform the Phoenixville Area School District that 1) the figure of $225,206.00 as stated in their April 28, 2009 letter is incorrect and 2) the remaining monies would remain in the L/Cs until the signed and sealed as-built plans and stormwater management calculations, as well as any other required documents, were received by the Township Engineer.
Moved: Ledbetter Second: Cohen Approval: Cohen, Ledbetter, Morrisson, Vutz Dissent: Williams
Litigation issues update. Mr. Peter Mercuri, Pickering Glen HOA president, updated the Board on various legal issues being pursued by the HOA. Mr. Brennan added that a settlement proposal had been received by the Township in its lawsuit claim against Pulte Builders. He went on to state that the proposal requires further review regarding fair figures for both the Township and the Pickering Glen HOA and resolution of the items from the Township Engineer’s maintenance bond punch list.
10:25 PM Mrs. Cohen left due to her physical limitations and was not present for the remainder of the meeting.
Tom Cosgrove Top Soil Proposal. Mr. Ledbetter gave a synopsis of Mr. Cosgrove’s proposal to Schuylkill Township by which he would use the Township’s screener to produce top soil for sale. The proceeds from the sale of the top soil would be split with the Township. Mr. Ledbetter brought up a major issue with the proposal--does the Township provide personnel to do the screening or do we allow non-employees to use Township equipment? The Board was not in favor of either of these options and requested that Mr. Cinciripino and Mrs. Bird speak to Mr. Cosgrove to see if a mutually beneficial solution could be found.
Mrs. Bird informed the Board that Mrs. Williams had requested this item be revisited due to two large trees being removed on a Township resident’s property. Mr. Ledbetter reported that the EAC has plans to incorporate major parts of the proposed tree ordinance into the Natural Resource Ordinance overlay currently under development. Discussion ensued regarding the timing of the EAC’s efforts and the implications of putting such an ordinance into effect. Mr. Sartor commented that the Township Planning Commission is concerned that adoption of such an ordinance would “handcuff” private property owners. Mr. Ledbetter suggested that any discussion of a tree ordinance be tabled and that the Board allow the EAC to continue its efforts in this direction. The Board concurred
Bike Route on Creek Road. The Township is being asked by the PaDOT engineering consulting firm to reconsider its decision that Creek Road and Buckwalter Road should not be used as bicycle route detours. Mrs. Bird reiterated for the Board the Township’s position that neither of these roads is suitable as a bike route; they are too narrow and, due to the curves and contours, have limited visibility for motorists to spot bicyclists. Chief Fetterman concurred with the Township Manager’s statement that the roads are not wide enough for safely incorporating bicycle traffic. Mr. Morrisson suggested PaDOT use the planned car detour as the bicycle route detour as well. The Board requested Mrs. Bird to inform the PaDOT consulting engineers that the Township could not agree to the use of Creek and/or Buckwalter Roads as bicycle route detours.
No discussion items.
At 10:32 p.m. a motion to convene an Executive Session was made and approved as follows:
Moved: Vutz Second: Ledbetter Approval: Ledbetter, Morrisson, Williams, Vutz
Mrs. Cohen was not present for this vote.
At 11:45 p.m. Mr. Vutz reconvened the regular meeting and reported that certain litigation matters had been discussed.
There being no further business for discussion, a motion to adjourn was approved as follows:
Moved: Vutz Second: Ledbetter Approval: Ledbetter, Morrisson, Williams, Vutz
Mrs. Cohen was not present for this vote.
Respectfully submitted,
Madeline M. Harbison
Assistant Township Secretary