The Schuylkill Township Board of Supervisors held their regular meeting on Wednesday, November 5, 2008 at 7:30 p.m. The meeting was held at the Township building. Members of the Board present were Mr. Vutz, Mrs. Cohen, Mr. Ledbetter, Mr. Morrisson and Mrs. Williams. Mr. Vutz chaired the meeting. Also present at the meeting were Mr. William Brennan, the Township Solicitor and Mr. John Sartor, the Township Engineer.
Public Participation: Mrs. Susan MacSorley of 211 Kleyona Avenue questioned why the Township did not do curbside pickup of leaves. Mr. Cinciripino stated that the Township does not have the equipment or the crew to provide leaf pickup to residents. He stated that he and his crew clean leaves from storm drains and drainage swales along Township roads so as not to impede stormwater flow. Mr. Peter Brown stated that he has taken classes through Chester County and has become a certified composter. He offered his services to hold a class at the Township to pass along what he had learned. Mr. Ledbetter stated that the EAC meeting may be the proper venue for environmental education for residents.
Another resident of the Township questioned why there were no sidewalks on West Pothouse Road going west. Mrs. Cohen stated that the Township is in the beginning stages of a trail network and that the Township is currently working eastward with the PASD/YMCA walking path and now in the planning stages and awaiting grant funding for a walking path from the YMCA to the Schuylkill Elementary School that will tie into the proposed Toonerville Trolley Trail. That trailway will ultimately connect to the Horseshoe Trail. Mr. Ledbetter stated that a walking path along West Pothouse Road would help to connect to the Valley Forge Christian College trail network.
Mrs. Cohen announced that Mr. Jeff Amerine, formerly a member of the EAC, will be giving a presentation on Phoenix Bridges on December 2 at the Heritage Center.
Public Participation Resolution – Mr. Vutz read the draft resolution. Mrs. Williams stated that she did not want to limit public comment. She advised that it was more government and more red tape and that there needs to be more discourse. Mr. Brennan suggested that the Board have a 30 minute comment period in the beginning of the meeting with each commenter having 5 minutes and if there was further discussion beyond the 30 minutes to pickup at the end of the meeting. Mrs. Cohen stated that the resolution was a useful tool. Mr. Morrisson stated that the Board should try to limit the overall length of the meetings. Mr. Peter Mercuri, a resident of the Pickering Glen development, stated that there should be a limit to the discussion of agenda items especially the reports from the various commissions. The consensus of the Board was to let Mr. Brennan review and redraft the resolution to include a public participation section at the end of the meeting.
The minutes of October 1, 2008 were reviewed and approved on motion by Mrs. Cohen, seconded by Mr. Ledbetter and passed. The minutes of the October 14, 2008 will be approved at the November 12 budget meeting.
The Treasurer’s Report was read. On motion by Mr. Vutz, seconded by Mr. Ledbetter and passed, the Board approved the Treasurer’s report for October 31, 2008. There is a total of $2,904,317.18 in the various accounts of the Township.
Bills were presented and reviewed. On motion by Mrs. Cohen, seconded by Mr. Ledbetter, and passed, with Mrs. Williams dissenting, the Board approved payment of bills.
Township Manager – posted. Resolution #2008-14 for electronic access to PaDOT for E-Filing of end of year forms was approved by Mr. Vutz, seconded by Mrs. Cohen and passed.
Police – posted.
Roads – posted. Mr. Morrisson will follow-up regarding Graham Road.
Fire – posted. Mr. Edward Gotshall, the Valley Forge Volunteer Fire Company’s Fire Prevention Officer, was named Fire Fighter of the Month.
Emergency Management – Mr. Fred Honigman, Emergency Management Coordinator, gave his report. The need for volunteers and special needs registration were two items of major concern.
Recycling – the leaf drop-off dates are November 8, 15, 22 and December 6.
Township Administration – nothing to report.
Zoning Administration – posted.
Zoning Hearing Board – Mr. Brennan stated that the Township has received a letter from the Zoning Hearing Board Solicitor requesting that the Township either re-evaluate the inclusion of the stormwater management ordinances in the Zoning Ordinance or provide in ZHB application that deal with stormwater management an engineer to appear as a witness for the ZHB. Mr. Galloway Morris, a member of the ZHB, stated that the members of the ZHB are not stormwater engineers. He advised that the ordinance calls for Best Management Practices (BMP) and the ZHB is unclear as to what they are. The consensus was to have the Township Engineer or an EAC member meet with the ZHB after the opinion is rendered on the Reeves/Pohlig matter.
Code Enforcement – Mr. Brennan noted that arguments were heard at the State Supreme Court in the Fire Suppression matter.
Historical Commission – Mrs. Momyer invited everyone to the Founders Day celebration on November 8. This year’s honoree will be Mrs. Joanne Brown for her historic preservation efforts. Mrs. Momyer stated that unfortunately the Township lost the historic building owned by Royal Bank. The building is slated for demolition. She advised that the commission will begin work on revising the Township’s historical preservation ordinance and will be enlisting the services of a consultant that has offered to work with the commission for free.
With regard to the American Revolution Center, the Historical Commission recommended that the Township support the ARC project. Mr. Morrisson requested that the Board make a resolution in support of the ARC proposal on Pawling Road. Mr. Vutz questioned if the Township had any stake in the matter. Mrs. Cohen stated that she would abstain from such a resolution since she is a member of the Friends of Valley Forge NHP. Mrs. Williams felt the museum should be in the VFNHP. Mr. Morrisson stated that the Pawling Road site is a larger site and the ARC tells the story of the entire American Revolution not just Valley Forge. He stated that he was in favor of the ARC on Pawling Road. Mr. Morrisson made a motion that the Township takes a position in favor or ARC on Pawling Road in Lower Providence Township. There being no second to the motion, the motion died.
EAC – Exceptional Value Aqua Reservoir– Mr. Morrisson stated that it is discussion for executive session.
Open Space Commission (OSC) – the grant money that the Township has received from the County for the purchase of lots 3 & 4 from Mr. Pasquale may need to be returned to the county since Mr. Pasquale has not changed his mind about selling the property. Mr. Ledbetter stated that the OSC is in discussion on the following three issues: 1) a conservation easement with an unnamed property owner; 2) agricultural preservation with another unnamed property owner; and 3) the large lot within the Anderson Farm subdivision that is not restricted from further subdivision. During the development of the entire Anderson Farm, deed restrictions were not considered for the created lots within the development. Mrs. Williams questioned if the Township would consider buying the property on Anderson Farm, deed restricting it and then sell it to a private landowner. Mr. Ledbetter stated that the OSC has too many opportunities to purchase open space. Mr. Morrisson advised that a conservation easement is stronger than a deed restriction.
Deer Management – Mr. Morrisson stated that a large property owner has allowed Whitetail to hunt the property.
Planning Commission – posted. The October meeting with Pohlig Builders discussion focused on a second entrance to the development on East Phillip Drive and how to discourage potential cut-throughs from the Reeves development.
VFSA – Mr. Vutz stated that the authority is commencing negotiations with Teamsters. The plant expansion is on hold.
Joint Board – nothing to report.
Regional Planning/Traffic – Regional Planning – Mr. Ledbetter stated that the November and December meeting of the PRPC will be canceled and a new date between those dates will be advertised for the meeting. He advised that the word “draft” on the Regional Planning document will be discussed at the meeting. GVFTMA – Mrs. Cohen will attend the transportation seminar.
Solicitor – Mr. Brennan advised that he will give the Board a confidential report on litigation. City Switch – a complaint has been filed by the Township at the Court of Common Pleas. He stated that it will probably be moved to Federal Court. Mr. Brennan stated that City Switch may be looking for discussion and settlement. Horseshoe Pointe – case is settled. The Township Engineer is satisfied that the work is completed. On motion by Mr. Ledbetter, seconded by Mrs. Cohen and passed, the Board approved release of $1,420 to Pickering Valley Construction.
Pickering Glen – Mr. Brennan stated that there will be a review status meeting regarding the litigation matter.
Potters Pond – Mr. Eric Sitarchuk, a resident of Potters Pond, asked for the Township’s assistance and information regarding the finalization of the development. He advised that no punchlist items have been completed by the developer. He requested that the Township allow the HOA to complete the work and the escrow be released to the HOA. Mr. Brennan stated that a proposal has been made in settling the litigation. Litigation is at the State Supreme Court. Mr. Brennan stated that he respects the HOA’s need to know but the Township cannot discuss litigation matters in public. Mr. Morrisson stated that the Township is trying to expedite the matter. Mr. Brennan advised the HOA to speak with their attorney since he has been kept apprised of the matter.
Reeves Property – on motion by Mr. Ledbetter, seconded by Mr. Morrisson, and passed, the Board approved a letter of extension for review of the preliminary subdivision plan for the Reeves property on Valley Forge Road to December 5, 2008. ALTA Survey – Mr. Snyder stated that they have submitted to the Township a certified survey of the entrance width to the Reeves property from Route 23. Mr. Morrisson stated that there could be a fundamental change in thinking with the change in Township Solicitor. He stated that he would like to rewind and review the matter. Historic Commission (HC) – Mr. Snyder stated that should anything be found on the site during construction, work will stop and the area will be preserved. Mrs. Momyer stated that the PHMC has advised that there is a high probability that there are archaeological sites on the property. She advised that the site should be evaluated before construction begins. Mr. Morrisson stated that there was an Indian settlement along the Pickering Creek and there may be a burial site. Mrs. Cohen stated that it would be helpful to know the antecedents of the property. Mr. Snyder stated that process would be done under normal protocol. On motion by Mr. Morrisson, second by Mrs. Cohen, and passed, the Board requested that the Historical Commission dig into the history of the site further than what has been perceived to be done and report back to the Board. Mr. Ledbetter stated that a representative from the HC visit the site with a representative from PHMC with the applicant. Mr. Snyder stated that Pa Historical Museum Commission has limited jurisdiction. Mr. Ledbetter stated that areas that will not be disturbed will not need to be reviewed. Mrs. Momyer stated that the recommendation of the HC was that the developer preserve the homes. Mr. Snyder stated that the preservation of the homes is not an ordinance issue but a negotiating issue. Mr. Snyder stated that the September 12 letter from the HC cites the Comprehensive Plan. He advised that the Comprehensive Plan is not an ordinance. Mr. Vutz stated that the applicant’s intention is that they are in compliance with the ordinances. A ZHB opinion should be rendered by January 2009.
EDC Property – Conditional Use Opinion – on motion by Mr. Ledbetter, seconded by Mr. Vutz, and passed, the Board approved the Conditional Use opinion as drafted by Mr. Brennan.
Piskai Dental Office Development – on motion by Mr. Ledbetter, seconded by Mrs. Cohen, and passed, Escrow Release #2 was approved for release in the amount of $44,084.12 for the Piskai Development.
White Horse Bridge – The EAC has drafted a letter to PaDEP regarding the replacement of the bridge and that a bike/pedestrian lane has not been included in the bridge specs. Mr. Ledbetter stated that the bridge funding program for replacement of older bridges does not allow for expansion of the scope of the project. He advised that the Township requesting changes to the bridge replacement plan could put the funding and ultimately the replacement of the bridge at risk. Mr. Sartor advised that the bridge plan does show a 6’ shoulder on both sides of the bridge. The draft EAC letter will be reviewed by the Township Solicitor.
PASD/YMCA Walking Path – nothing to report.
Toonerville Trolley Trail Update – Mrs. Cohen stated that she checks weekly on the status of the Heritage Grant.
Historic Schuylkill School – on motion by Mrs. Cohen, seconded by Mr. Morrisson and passed with Mr. Vutz dissenting and Mr. Ledbetter abstaining, the 1930 Schuylkill School term sheet as provided by the PASD was approved. Mr. Brennan advised that the document is non-binding.
Louise Symington/Pickering Preserve – Ms. Symington, a resident on State Road adjacent to the Pickering Preserve, came before the Board to request 1)an easement from the Township for a portion of the Pickering Preserve to be able to hook up to sewer if she needs it in the future and 2) assistance from the Township with grant funding. Mr. Ledbetter stated that an easement would not be given. He advised that the Pickering Preserve was purchased with grants and private funding and is deed restricted. Ms. Symington stated that public sewer should have been installed on her property when the Charlestown Hunt sewer line was installed along State Road to the Charlestown Township development. She stated that her property is bordered on three sides by the Pickering Preserve and some of her property is wetlands. Ms. Symington stated that her property will probably not perc should she need to replace her current on-site system. Mr. Vutz stated that the Township is opposed to any other hook-ups to the Charlestown Hunt line other than those that were allowed when the line was being installed. He advised that the Pickering Preserve is not the Township’s to dispose of because of the funding used to obtain the property. Mr. Brennan stated that the Township has the right but not the obligation to grant easements. He advised that the Township is not permitted to give away its property. Mr. Brennan stated that Ms. Symington’s concern about her on-site septic is a landowner property issue. Ms. Symington also stated that people visiting the Preserve are coming onto her property. Mr. Morrisson stated that she is allowed to put up No Trespassing signs and fencing. Ms. Symington also stated that the walking path was not a good idea for the preserve.
Signal Service 2-Year Contract – on motion by Mr. Vutz, seconded by Mr. Ledbetter, and passed, the Board approved the 2-year traffic signal maintenance contract with Signal Service.
At this point in the meeting the Board went into executive session, upon their return Mr. Vutz stated that the Potters Pond litigation matter was discussed. Mr. Brennan stated, with a resident of Potters Pond that was present when the Board returned, that he was authorized by the Board to pursue a settlement with the developer of Potters Pond with the HOA being party to the settlement.
In other matters, the Board approved Mr. Jim Tupitza, a real estate attorney, to be retained by the Township at a not to exceed amount of $10,000 to review the ALTA Survey on motion by Mr. Ledbetter, seconded by Mr. Morrisson and passed, with Mrs. Cohen and Mrs. Willams dissenting.
On motion by Mr. Ledbetter, seconded by Mrs. Cohen, and passed, the Board approved the purchase of a used demonstration model sign/message board as a lease purchase using FY08 and FY09 funds.
On motion by Mr. Ledbetter, seconded by Mrs. Williams, and passed, the Board approved the Level of Service Increment study to be done as the same time the 2007 and 2008 actuarial study is done in January of 2009.
The Board returned to executive session. Upon their return, Mr. Vutz stated that land acquisition was discussed. On motion by Mr. Vutz, seconded by Mr. Ledbetter, and passed, with Mrs. Williams dissenting, the Board requested that the Township Solicitor begin work on agreement of sale language for an unnamed property.
There being no further business for discussion, the meeting was adjourned at 12:30 a.m.
Respectfully submitted,
Mary R. Bird
Township Manager