BOARD MEMBERS PRESENT
Norman Vutz, Chair, Barbara Cohen, vice-Chair, Lee Ledbetter, Jim Morrisson. Mrs. Williams
Also present:
Mary Bird, Township Manager; William Brennan, Township Solicitor; Rick Beittel, Jr. Fire Chief; Nick Cinciripino, Township Roadmaster; Jim Fetterman, Chief of Police; Bob Mauch, Open Space Commission, Jim Shaughnessy, Recycling Committee; Sandy Momyer, Historical Commission and Mr. John Sartor of Gilmore & Associates, the Township Engineer.
CALL TO ORDER
The public meeting was called to order by Mr. Vutz at 7:30 pm
Pledge of Allegiance
CONDITIONAL USE HEARING – Hearing to consider the Phoenixville Area School Districting application for disturbance of man-made slopes in connection with construction of a new middle school. A court reporter was present to take the Notes of Testimony. The Township has 45 days to make a decision on what has been presented.
Motion Vote. The motion passed 4-1-0 with Mr. Vutz dissenting.
ANNOUNCEMENTS
Mrs. Cohen announced that she will be giving a lecture “Then and Now… The Foundry, the Story of the Schuylkill River Heritage Center” at the DuPortail House in Chesterbrook, PA on Wednesday November 11.
Mr. Morrisson recognized newly elected supervisor Mr. Fred Parry, re-elected tax collector, Mr. Charles McCarthy and re-elected Board of Auditor member Mr. Rick Loughery. Mr. Morrisson stated the supervisor race was a close one with a margin of six votes and was an example as to why it is everyone’s civic duty to vote.
PUBLIC PARTICIPATION
Mr. Michael DePaolo of Graham Road came before the Board and asked that since the residents paved the road, would the Township continue to plow. Mrs. Williams stated that the public road, in her terms, would be plowed. Mr. Vutz stated that Graham Road was a glorified driveway foisted on a previous Board. He advised that the plan of record shows that the Township is to maintain the road but not improve it.
Motion Vote. The motion passed 4-1-0 with Mr. Vutz dissenting.
CONSENT AGENDA
• Approval of Minutes of the October 7, 2009 Regular Board of Supervisors meeting.
• Approval of Treasurer’s Report for Period Ending October 31, 2009.
• Approval of Payment of Township Bills for Period Ending October 31, 2009.
• Acceptance of Department, Committee, Commission and Council Reports as posted and received by the Board of Supervisors.
Motion to approve Consent Agenda: A motion to approve the Consent Agenda was made by Mrs. Cohen and seconded by Mr. Ledbetter.
Motion Vote: The motion passed 5-0-0.
Resolution No. 2009-27 - commending & recognizing Mr. Jim Shaughnessy for securing recycling grants. Mr. Shaughnessy has since at least 2000 applied for and received $236,879 in recycling grant funding.
Motion to approve Resolution No 2009-27: A motion to approve Resolution No, 2009-27 commending Mr. Jim Shaughnessy was made by Mrs. Cohen and seconded by Mrs. Williams.
Motion Vote: The motion passed 5-0-0.
BOARD DISCUSSION ITEMS
• Old Business
Motion to allow Whitetail Associates to hunt the former Pasquale Property located on Valley Park Road. Mrs. Williams questioned if the neighbors to the property support the deer hunting. Mr. Morrisson stated that two of the neighbors are in support and the other two need to be contacted. Mr. Morrisson stated that the Township has actively had a Deer Management Committee since 1993 and that during that time Whitetail Associates has harvested over 1,000 deer in the Township. Mr. Rolf Gerstenberger of Beacon Hill Lane questioned if the use of Whitetail was exclusive in the Township. Mr. Morrisson advised that if another group presented itself to the Township similar to how Whitetail is structured, the Board of Supervisors may allow that group to hunt as well on Township property. Mr. Vutz stated that the motion would be to allow Whitetail to hunt on Township property but it is not exclusive to Whitetail, it is restricted to Whitetail for the 2009 hunting season until another group comes forward that matches criteria.
Motion: A motion to allow Whitetail Associates to hunt the former Pasquale Property for the 2009 Bow Hunting Season was made by Mrs. Cohen and seconded by Mrs. Williams.
Motion Vote: The motion passed 4-1-0 with Mr. Vutz dissenting.
• New Business
Brake Retarder Ordinance. Mr. Brennan advised that the Township needs PennDOT permission prior to enacting an ordinance and installing of brake retarder prohibition signage on State roads and that a study by PennDOT needs to be conducted prior to such approval. Mr. Brennan advised that road grade percentage may also be a factor when under review by PennDOT. He stated that the ordinance as drafted some time ago covers the entire Township and does not specify any specific State road. Mr. Ledbetter stated that if the truck is correctly equipped with brake retarders and it is correctly maintained, it is not a problem. He stated that the problem arises when truck operators modify their trucks. Mrs. Lee Halliday of State Road (Route 29) stated that the noise from dump trucks is constant as they travel from the quarry in Devault, up Route 29 and into Phoenixville. She stated that they are using the brake retarders to slow down and not just to navigate the hills. Mr. Ledbetter stated that the Township should send a request to PennDOT to do a study of both north and south Route 29 between Buckwalter Road and Pothouse Road. Mr. Fetterman stated that dump trucks are running straight pipes and using the brake retarder to slow down before they hit the first curve. Mr. Morrisson suggested that the Township should contact the State police. Mr. Fetterman stated that it may not help since the Township has a full-time police department. Mr. Fetterman advised that the offending drivers are independents. He also advised that brake retarders are standard on vehicles of this size. He questioned how the Township can restrict the use of equipment that is standard on a vehicle. The Township Manager will contact PennDOT.
Motion to approve Escrow Release #1 in the amount of $10,143 for the Pitter Patter (Kiddie Academy) Daycare.
Motion: A motion to approve Escrow Release #1 for the Pitter Patter daycare was made by Mr. Ledbetter and seconded by Mrs. Cohen.
Motion Vote: The motion passed 5-0-0.
Motionto direct the Open Space Commission to engage appropriate conservancies to establish conservation easements on Township properties. Mrs. Cohen stated that there is a fee paid to the French & Pickering Creeks Trust for their monitoring of properties. Mrs. Cohen advised that she does not want too much restriction placed on properties if it would mean that there could not be public gathering on a property or a public trail running through it. Mr. Mauch stated that the use of such an easement should be explored. If the Township purchased property with grant funding, there is already a covenant of restrictions on the property. The Township Manager will provide deed language for the three properties owned by the Township and the covenants and restriction for each to Mr. Mauch and the Township Solicitor.
Motion tabled.
Motion to develop and purchase a sign for the former Pasquale Property similar to the Franklin Township design as provided by Natural Lands Trust for approximately $200. The sign will acknowledge that the property was bought in part with County funding.
Motion: A motion to purchase a sign for the former Pasquale Property acknowledging County funding was made by Mr. Ledbetter and seconded by Mr. Morrisson.
Motion Vote: The motion passed 5-0-0.
Motion to switch from the current health insurance plan with BC/BS Personal Choice to BC/BS Health Savings Account plan beginning January 1, 2010 with a potential cost savings of approximately $180,000.
Motion: A motion to approve new health plan beginning January 1, 2010 was made by Mr. Ledbetter and seconded by Mrs. Cohen.
Motion Vote: The motion passed 5-0-0.
Legal Matters
Mr. Brennan gave a brief update on certain legal matters in the Township.
Pulte Homes – Oral Arguments coming up in December; trial in
January
Levin Property – a new trial date will be set
City Switch – ZHB session #3 is November 23. Discovery deadline in Chester County in March 2010.
Higby – Trial rescheduled to February 2010. There could be a possibility of resolution prior to trial. A Potters Pond homeowner questioned why the estimate to fix outstanding items in the development was more than the escrow being held by the Township. Mr. Brennan stated that the figure for the outstanding items was just that, an estimate, and that the escrow should cover the work to be done.
Reeves – Briefs due October 22.
Resolutions/Ordinances
Resolution No. 2009-26 to adopt the amendment to the Phoenixville Regional Comprehensive Plan
Motion: A motion was made by Mr. Ledbetter and seconded by Mrs. Cohen.
Motion Vote: The motion passed 5-0-0.
Subdivisions/Land Developments
Motion to approve the preliminary/final 2-lot subdivision plan entitled Subdivision Plan for Dr. Charles F. & Mary F. Miller” dated June 10, 2009.
Motion: On motion by Mr. Ledbetter and seconded by Mrs. Cohen: A) granting of six permanent waivers to be shown on the plan and applied to both Lots #1 and #2 of the subdivision plan: 1) SALDO 501.A.3 and 502.C.1.c – cartway improvements for Diamond Rock Road shall not be required; 2)SALDO 503.C – the shared driveway shall not be considered as a private street and therefore the requirement of providing a cartway width of 24 feet for the shared driveway on Lot #1 shall not be required;3) SALDO 504.A – sidewalks along Diamond Rock Road shall not be required;4) SALDO 504.B – granite curbs along Diamond Rock Road shall not be required;5) SALDO 508.B.2 – the existing paved area for the driveway shall be permitted to be within an easement on Lot #1, the purpose and intent of which easement shall be to provide driveway access to Lot #2 over Lot #1;6) SALDO 514.D.4 – street trees along Diamond Rock Road shall not be required. B) granting of six temporary SALDO waivers to be shown on the plan and applied to Lot #1 should Lot #1 be developed, built upon or improved in anyway: 1) SALDO 401.C.1.d & 402.B.7 – depiction of the location of all trees and vegetation on Lot #1 shall be deferred until a building permit application for Lot #1 is submitted to Schuylkill Township; 2) SALDO 401.C.2.a – depiction of the existing offsite features within 400 feet of Lot #1 shall be deferred until a building permit application for Lot #1 is submitted to Schuylkill Township; 3) SALDO 410.D.16, 420.B.9, 510.B – calculations pertaining to the stormwater management and construction of stormwater management facilities for Lot #1 shall be deferred until a building permit application for Lot #1 is submitted to Schuylkill Township; 4) SALDO 402.B.8 – preparation of a Construction Improvement Plan for Lot #1 shall be deferred until a building permit application for Lot #1 is submitted to Schuylkill Township; 5) SALDO 402.B.10 – preparation of an As-built Plan for Lot #1 shall be deferred until a building permit application for Lot #1 is submitted to Schuylkill Township; 6) SALDO 518.C.7 – preparation of a Grading, Excavation and Sediment Control Plan for Lot #1 shall be deferred until a building permit application for Lot #1 is submitted to Schuylkill Township; C) the developer of lot #1 shall comply in full with all SALDO requirements contained in or relating to the above noted SALDO sections; D) Township Solicitor’s satisfaction that the above notes are adequately represented on the plan and that any and all legal documents are completed; and E) Township Engineer’s satisfaction that all items in the August 26, 2009 Gilmore & Associates review letter are adequately addressed
Motion Vote: The motion passed 5-0-0.
Additional Business: the next budget meeting is November 10, 2009
At 9:30 pm am Executive Session was convened by Mr. Vutz. Supervisors participating were Mr. Vutz, Mrs. Cohen, Mr. Ledbetter, Mr. Morrisson and Mrs. Williams. Also present were Mrs. Bird, Township Manager and Mr. Brennan, Township Solicitor.
The public meeting was reconvened at 9:45 pm. Mr. Vutz reported that personnel issues and legal matters were discussed.
Motion: A motion by made by Mrs. Williams and seconded by Mrs. Cohen to approve the return of Madeline Harbison as a part-time employee at the same pay rate as when she resigned.
Motion Vote: The motion passed 5-0-0
Motion: A motion was made by Mr. Ledbetter and seconded by Mrs. Cohen to grant approval to the conditional use application as presented by the PASD for disturbance of steep slopes in conjunction with the land development plan for the new middle school. The approval is conditioned upon the applicant complying with the testimony as given and the walking path as agreed to by the PASD beginning from the sidewalk in the Borough south to the property line with Meadowbrook Golf Course as consistent with Township ordinances with the southern terminus of the path in the road right-of-way.
Motion vote: The motion passed 4-1-0 with Mr. Vutz dissenting.
There being no further business for discussion, the meeting was adjourned at 10:00 pm.
Respectfully submitted,
Mary R. Bird
Township Manager