PRESENT: Norman Vutz-Chair, Barbara Cohen-Vice-Chair, Lee Ledbetter, Jim Morrisson, Laurie Williams,
William Brennan-Township Solicitor, Mary Bird-Township Manager
John Sartor, Township Engineer, was excused from this meeting by the Board as there were no agenda items requiring his input.
7:30 PM Called to Order
Pledge of Allegiance
7:31 PM Ms. Cohen made a motion to convene an Executive Session which was approved as follows:
Moved: Cohen Second: Vutz Approval: Cohen, Ledbetter, Morrisson, Vutz Dissent: Williams
7:49 PM The Board reconvened the regular meeting. Mr. Brennan announced that items discussed during the Executive Session were possible litigation matters.
Ms. Mary Jane Riley of 1432 State Road, Phoenixville was recognized by the Chair. She stated her objections to the Safe Kids to School Trail’s plan to have crossings installed on State and Pothouse Roads. Mrs. Riley told the Board she considers this intersection too dangerous and any trail for the school children should use an alternate route along Russell Road. Mrs. Riley is also concerned with maintenance responsibilities for the trail; she wants to know who will be responsible for upkeep and liability. Additionally, Mrs. Riley stated that she felt taxpayers should not be funding a trail leading to the YMCA, which is a private enterprise. Mrs. Riley also questioned the Phoenixville Area School Board’s commitment to the project and informed the Board of Supervisors that, in her opinion, the entire project should be reconsidered.
Mr. Jim Morrisson explained to Mrs. Riley that PennDOT conducted its own study which concluded that, with signal modifications, the safest crossing would be on State Road and PennDOT will not install a traffic light elsewhere for an alternate route. The signal would be set up for pedestrian crossings with handicapped crossing safety features included.
Ms. Barbara Cohen thanked the residents for attending and added that while she respected the residents’ current concerns, the Safe Kids to School Trail project has been in progress and before the Board of Supervisors since 2005, and the School Board was involved at the onset of planning through the participation of Dr. David Noyes, Superintendent of the Phoenixville Area School District at that time. The School District signed on to the project through Dr. Noyes participation in the grant writing process. Ms. Cohen reiterated Mr. Morrisson’s statement that PennDOT deemed the crossing on State and Pothouse Roads as not hazardous. Ms. Cohen went on to list the positive impact she felt the trail could have on individual properties and the Township as a whole and mentioned that funding for construction was already in place and the Township has already invested $140,000.00 in the Safe Kids to School trail project. Mr. Morrisson mentioned the September workshop held with two members of the School Board at which Gilmore & Associates presented detailed drawings with all standards and safety requirements included.
Ms. Riley asked why homeowners’ input was not solicited and how would property values along the proposed trail path be affected. Mr. Vutz responded that homeowners were not directly consulted, that the concept of the trail was initiated at the request of a body of students who came before a previous Board of Supervisors of Schuylkill Township and asked for a safe pathway.
Mr. John Riley of 185 Hawthorne Lane was recognized by the Chair and read a prepared statement objecting to the trail project. Mr. Norman Vutz responded that the residents’ objections and concerns may be better addressed to the Phoenixville Area School District's Building & Grounds Committee. Ms. Cohen restated the terms of the grant and said that the approximately $140,000 spent in planning and design by the Township as its contribution to the trail project would be lost by not going forward. Mr. Morrisson responded to one of Mr. Riley’s concerns, tree damage, with the information that the trail would be installed a good distance from the trees with a pervious surface and there would be no deep excavation to disturb tree roots.
The Chair then recognized Ms. Lisa Schnell of 275 Shelbourne Lane. Ms. Schnell made a statement regarding the current dire economic climate and concluded with her objection to spending Township monies on luxuries such as a trail when there are many other things about which to worry. Mr. Vutz reminded Ms. Schnell and other residents that the money for actual construction of the trail was grant money, not taxpayer dollars.
The Chair recognized Mr. Peter Brown. Mr. Brown stated he applauds the Township Board of Supervisors for the trail project which is ambitious but a good idea; however, the Board does not appear to be getting the buy-in of property owners for the trail to the YMCA. He asked the Board to reconsider the route after the discussion at a recent School Board meeting. The alternate route may be more acceptable to parents, property owners and the School Board. Ms. Cohen thanked Mr. Brown for his comments and observations and reiterated that the trail project has been in the works for a long time and, in the Board’s opinion, will bring value to the Township. Mr. Brown asked Ms. Cohen if it was not possible to redesign the trail. Ms. Cohen replied that, at this stage, it was not an alternative. Mr. Vutz interjected that all things are possible; the Township could walk away from the $140,000.00 already spent on this project. However, the Board of Supervisors feels it made a prudent decision except for not directly contacting property owners.
A relative of Ms. Riley was recognized by the Chair and questioned whether the money spent so far was a mistake by not selecting what appeared to be the safest route in light of his perception of the high accident rate at the proposed intersection crossing.
Mrs. Laurie Williams interjected that, in her opinion, the project should be stopped; that the objections from three property owners along proposed path should be enough to reconsider trail location. Mr. Lee Ledbetter stated the grant was in place and construction plans were underway, and it could well be too late to start over.
At this time, due to disruptions from the audience, Mr. William Brennan was forced to remind residents that under the Second Class Township Code, citizens were required to speak one at a time and only after being recognized by the Chair.
Ms. Cohen added that, at this point, if construction does not commence, the Township may lose the grant funding entirely. Mrs. Williams responded that funding would not be lost; she had been in touch with a representative of the DVRPC who had assured her the funds would remain in place. Ms. Cohen corrected Mrs. Williams stating that her information was erroneous and most likely the grant money would be withdrawn if the DVRPC was unsure of consensus in the Township.
Ms. Doretta Edinger, 15 Dogwood Lane, was recognized by the Chair. Ms. Edinger stated she has been a resident of the Township for 40 years and, as far as she knows, students have always taken the back way to the YMCA, not walked along Rte. 29. Ms. Edinger asked why disrupt properties if it isn’t necessary. Ms. Edinger informed the Board that, in her opinion, the trail simply wasn’t necessary. Mr. Vutz responded that it was a safety issue; improvements will be made to the intersection. Children currently use the back way because of existing unsafe crossing conditions and the Board of Supervisors worked with the School Board on plans for trail. Mr. Vutz went on to say the steps taken by the Board made sense and it does not make sense to start again. Mr. Vutz explained the present route emerged during planning as the most logical and safest and the Board has heard your requests and, short of a petition to reconsider, will continue with present course. Mr. Vutz questioned Mr. Brennan, Township Solicitor, if a public referendum was required. Mr. Brennan responded that, as duly elected public officials of the Township, the Board was under no obligation to conduct a public vote but that it was the Board’s duty to consider the majority opinion of residents on any given topic.
A resident inquired whether elementary school-age kids would be using the walking trail. Ms. Cohen mentioned that the Safe Kids to School Trails Phase II would run from the elementary school to YMCA. Ms. Edinger interjected that the trail was not necessary, children would not use it.
At 9:00 PM, with outbursts from audience disrupting orderly progression of the meeting, Mr. Vutz as Chair of the Board declared a five minute recess.
At 9:11 PM, Mr. Vutz reconvened the meeting. Mr. Vutz informed residents that he would allow the discussion on the trail to proceed for an additional five minutes only.
Mr. Peter Brown was recognized by the Chair. Mr. Brown asked the Board for an explanation of why they could not review redrawing the trail, what was the reason; would something be lost or were present plans too far along? Mr. Vutz responded that the design consultation and grant process was fundamentally complete and that Mrs. Williams had contacted the DVRPC independently of Board authorization. Mr. Vutz recapped that Mrs. Williams has one answer, Ms. Cohen has another—he don’t know which is correct; however, he does know that the DVRPC does not like warring factions.
Mr. Brown questioned whether the Township already had the money. Mr. Vutz responded that backing up at this point in time would not be prudent because of the investment to date by the Township and the concurrence of other parties. Mr. Brown’s reply was that the answer was the Board did not want to back up, not that another route isn’t possible, and the Board did not want to risk losing the cooperation of other parties.
Ms. Marlou Gregory, Chair of the Township Environmental Advisory Committee (EAC), was recognized by the Chair. Ms. Gregory stated that this trail, and any other planned trails, should follow the same procedures as any other project in the Township. Ms. Gregory questioned whether an Environmental Impact study was done for the proposed route. Mr. Ledbetter responded that this had been done as part of the PennDOT process. The trail route was walked by DOT consultants and all environmental issues were under control. Ms. Gregory informed the Board that the EAC had not seen anything from PennDOT regarding environmental issues. Ms. Gregory then mentioned that an arborist / tree expert should be involved to ensure trees along trail path are protected. Ms. Cohen assured Ms. Gregory this has been addressed.
Mr. Vutz reminded Ms. Gregory that the Township jumps the same hurdles as any developer within the Township. Mr. Vutz then concluded the discussion on the Safe Kids to School Trail.
Motions were made to approve the following:
1. Approval of the Minutes of September 3, 2008 Regular Board of Supervisors Meeting and Minutes of September 25, 2008 Special Budget Meeting – Receipts. Mr. Ledbetter stated that he and other members of the Board had not had an opportunity to review minutes and made a motion to table approval of the September 3 and September 25, 2008 meeting minutes until the October 14, 2008 Special Budget Meeting of the Board.
Moved: Ledbetter Second: Williams Approval: Unanimous :
2. Approval of Treasurer’s Report – September 30, 2008 as read with a total of $3,446,622.78 in various Township accounts.
Moved: Vutz Second: Ledbetter Approval: Unanimous
Mrs. Williams asked Ms. Cohen for an analysis of the budget vs. expenditures. Ms. Cohen responded that she would be happy to review the manner in which you would like the Treasurer’s Report to be presented. Ms. Cohen asked Mrs. Williams to contact her before the next meeting so that Mrs. Williams suggestions could be appropriately discussed.
Mr. Vutz invited residents to attend the Board of Supervisors Budget Meeting-Roads on October 14, 2008 at 8:30 PM.
3. Payment of Township Bills as presented on the Statement of Expenditures, Encumbrances & Appropriations for Period Ending 09/30/2008.
Mrs. Williams objected to overspending; specifically engineering costs. Mr. Vutz asked Mrs. Williams to identify the specific line items to which she objected. Mrs. Williams responded that she would go into detail at the time Mrs. Cohen did so. The motion for payment of the Township Bills was made and approved as follows:
Moved: Ledbetter Second: Cohen Approval: Cohen, Ledbetter, Morrisson, Vutz
Dissent: Williams
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Joint Community Shredding Event. Mary Bird, Township Manager, reported to the Board that arrangements for the Joint Community Shredding Event with the Borough of Phoenixville and East Pikeland Township are in place and will be held on Saturday, October 25, 2008 at the CAT Pickering VoTech campus from 9:00 AM – 12:00 PM.
Mr. Morrisson asked about single waste hauler system for Township; the Township Manager replied that Schuylkill Township was following East Pikeland’s progress on the issue and that she would report back to the Board periodically on it.
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911 System. No discussion
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Open Snow Removal Bids. No bids received.
Road Inspection. No discussion.
Graham Road. The Board asked Mr. Nick Cincirpino, Township Roadmaster, about the status of the Graham Road repaving. Mr. Cincirpino reported that when he was on-site measuring Graham Road, Mr. Michael DiPaolo informed him that the residents’ portion of the funding was short. Mr. Cincirpino asked the Board if they would prefer to wait until spring to repave Graham Road. Mr. Ledbetter asked what the total cost and the Township’s share of that total cost would be. Mr. Cincirpino replied that the project would cost between $21,000 - $31,000. Mr. Vutz responded that the cost would be split 50/50 between the Township and Graham Road residents. Mr. Ledbetter asked Mr. Morrisson, as this project’s coordinator, to contact the resident(s) to move project along. Mr. Vutz asked Mr. Morrisson to remind residents that a condition of repaving would be for the Township to be allowed to vacate Graham Road. Mr. Morrisson informed the Board that there was an agreement on the table but, to date, no response had been received from the residents. Mrs. Williams interjected with the question that, as Chair of the Roads Department, should she be handling the negotiations and coordination. Mr. Ledbetter advised that as Mr. Morrisson had been handling the issue up to this point, it might be more conducive to resolution to allow him to continue as coordinator. Mrs. Williams concurred and asked Mr. Morrisson to do so.
Leaf Recycling Yard. Mr. Vutz asked Mr. Cincirpino about dates when the recycling yard would be open for leaf drop-off. Mr. Cincirpino announced the dates were November 8, November 15, November 22 and December 6.
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Doug Maxton Firefighter of the Month
Fire Chief Rick Beittel mentioned that the Valley Forge Volunteer Fire Company has a new website and invited the Board and residents to visit the site.
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EDC Conditional Use Hearing. Tuesday, October 14, 2008 7:30 PM at the Township Administration Building
Mrs. Williams questioned Mr. Ian Plant of the Environmental Advisory Committee about the EDC Development, at the foot of which is a vacated rail line abutting the proposed East Pikeland trail head of the planned French Creek trail. Mr. Ledbetter advised Mrs. Williams that this matter should be discussed at an Environmental Advisory Committee meeting.
Mr. Ledbetter invited Mr. Ian Plant of the Environmental Advisory Committee to attend the EDC Conditional Use Hearing to discuss trails.
Reeves Property. Hearings scheduled for Monday, October 13, 2008 7:00 PM and Thursday, October 23, 2008 7:00 PM. Both meetings are at the Township Administration Building.
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Fire Suppression. Mr. Vutz brought up the item from Yerkes & Associates September 2008 report which indicated that the Uniform Construction Code (UCC) voted to adopt a residential sprinkler requirement in the International Residential Code. Mr. Ledbetter commented that as it was the International Code, the Commonwealth of Pennsylvania may not recognize it. Mr. Vutz replied that, according to the Yerkes report, it appears the International Residential code has already been adopted by the state.
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Meeting on Monday, October 20, 2008 7:00 PM at Township Administration Building.
Founders Day. Ms. Sandy Momyer announced that the 3rd Annual Founders Day program would be held Saturday, November 8, 2008 at Moore Hall. Details will be available at a later date.
Ms. Cohen asked Ms. Momyer about progress on interpretative signage along trails. Ms. Momyer responded that the Historic Commission has plans for signage and is working on getting cooperation from Valley Forge National Historic Park.
Meeting on Tuesday, October 28, 2008 7:30 PM at Township Administration Building.
Pickering Preserve Hunting. Ms. Marlou Gregory reported that the EAC has ready signs to post on the Preserve for deer season and permit-only bow hunting.
Clean Energy. Ms. Gregory brought up an issue of concern regarding the Township’s 100% purchase of clean energy. The proposed supplier, Native Energy, is no longer generating clean energy in Pennsylvania and, according to the Clean Energy campaign 20% of energy purchased must be Pennsylvania generated. The EAC recommends that the Township purchase 20% of its energy from PECOWind and 80% from non-Pennsylvania generated Native Energy.
Pasquale Pond. Ms. Gregory inquired of the Board if the Pasquale Pond clean-up was on hold. Mr. Ledbetter responded that it was not on hold; the easement was in place. He informed Ms. Gregory that plans had been sent to Mr. Pasquale but, as yet, no response had been received from Mr. Pasquale. Mr. Ledbetter said the Township is ready to go to the DEP and that Ms. Gregory would be needed whenever that took place. Mr. Ledbetter stated the Township Manager was coordinating the project and Ms. Gregory would be kept informed.
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Meeting on Monday, October 27, 2008 7:30 PM at Township Administration Building
Nothing to report.
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Meeting on Wednesday, October 15, 2008 8:00 PM at Township Administration Building.
Mr. Vutz reported on the following:
Nothing to report.
VFNHP Steering Committee. Mr. Morrisson reported on the following:
GVTMA. No discussion.
Mr. Ledbetter reported on the following:
Ms. Cohen asked Mr. Ledbetter which major issues the Regional Planning Commission was addressing. Mr. Ledbetter listed 1) Coordinated Planning, 2) Water, and 3) Traffic. Two additional issues not presently being considered due to the lack of readiness of the regional for their implementation are regional zoning and regional policing.
Mr. Brennan reported on the following:
Fire Suppression. Nothing new to report
Royal Bank. No discussion
Pickering Glen. Had administrative conference with Judge Griffith. Achieved Township’s main goal of taking case off immediate trial list. Discovery process on-going. Mr. Brennan would like to set up a meeting sometime within the next 3 weeks with a Township Supervisor, himself, John Sartor-Township Engineer, Pulte Homes and a representative from the Pickering Glen HOA with counsel. The Board concurred with this request and asked Mr. Brennan to set up the meeting towards the end of the month.
Levin Property. Had the administrative conference with Judge Riley. Received a four month extension.
Horseshoe Pointe. If improvements take (i.e., grass grows), case will be closed.
Potters Pond. Moving ahead. Answers filed. Mr. Brennan met with John Sartor to go over completed items.
CitySwitch. Mr. Brennan received a call from Gene Cohen representing CitySwitch. CitySwitch is going ahead with their planned cell tower. Mr. Brennan asked the Board what they would like to do; no definitive course of action resolved.
Dr. Piskai – Escrow Release #1. A motion to release escrow in the amount of $91,416.37 was made and approved as follows:
Moved: Morrisson Second: Cohen Approval: Unanimous
Mrs. Williams asked Mr. Morrisson to meet with Gilmore on why the remaining withholding amount is so high. Mr. Ledbetter recommended that Mrs. Williams do so if she needed the information.
Reeves Property. A motion to accept Pohlig Builders’ Letter of Extension to November 7, 2008 was made and approved as follows:
Moved: Morrisson Second: Cohen Approval: Unanimous
A motion was made to proceed with the Safe Kids to School Trail – Phase I. Mrs. Williams objected to the motion stating the Board should not continue with the project based upon the objections raised by residents attending this meeting. Mr. Vutz responded that only four individuals voiced direct opposition to the trail and, of those four, one was not a resident of the Township. The motion was seconded and approved as follows:
Moved: Cohen Second: Morrisson Approval: Cohen, Ledbetter, Morrisson, Vutz
Dissent: Williams
A motion was made by Ms. Cohen that no member of the Schuylkill Township Board of Supervisors may contact an outside agency as a representative of the Board without authorization from the Board. A discussion of the motion ensued. There was no second and the motion did not go forward.
Ms. Cohen reported that she, Mr. Earl Cram of the EAC, Mr. Morrisson and Mr. Sartor met to walk the proposed route of the Toonerville Trolley Trail. The purpose of this meeting was to discuss trail layout and composition. Ms. Cohen stated that Mr. Sartor’s presence was both very useful and important as his input was required on the trail. Mrs. Williams raised an objection to incurring engineering costs without prior Board approval. Mr. Morrisson stated that, in his opinion, this was a prudent use of Gilmore & Associates time. Ms. Marlou Gregory raised EAC concerns on the path of the trail through Pickering Preserve; Mr. Ledbetter asked Ms. Cohen to clarify this issue with the EAC and recommended that the EAC stay on top of this trail project by appointing a representative to the Toonerville Trolley Task Force. Ms. Cohen responded to Mr. Ledbetter stating the Mr. Earl Cram is already on the task force as a representative from the EAC. Ms. Cohen mentioned that the task force is very happy with, and grateful for, his participation, especially since Mr. Cram brought in Mr. Charles Glanville, a representative from the Horse Shoe Trail Club, as an additional task force participant.
Mr. Ledbetter made a statement that, in his opinion, the Schuylkill Township Board of Supervisors had met every request and objection raised by the Phoenixville Area School District (PASD) Board and that the Township Board of Supervisors had dealt in good faith by approving a resolution incorporating all such requests and objections. The PASD Board approved the resolution but has come back to the Township with further changes and requests. Mr. Ledbetter then asked the Board if they wanted to take any further action on this issue. Mr. Vutz replied no, the Resolution as it had been approved was what it was and no further action would be taken. Ms. Cohen will be attending the next PASD Board meeting.
No Discussion Items/No Action
11:45 PM A motion to convene an Executive Session was made and approved as follows:
Moved: Ledbetter Second: Vutz Approval: Cohen, Ledbetter, Morrisson, Vutz
Dissent: Williams
12:20 AM The Board reconvened the regular meeting. Mr. Vutz reported that land acquisition matters had been discussed.
A motion was made to approve the expenditure of $3,000.00 for an appraisal of an unnamed property for a conservation easement and to apply for a grant application through the Chester County Preservation Partnership Program for a conservation easement purchase for the same unnamed property.
Moved: Ledbetter Second: Cohen Approval: Unanimous
A motion was made to set up a meeting to discuss the next steps for the same project.
Moved: Ledbetter Second: Cohen Approval: Unanimous
A motion was made to approve Resolution 2008-07 authorizing the reimbursement of prior expenditures of the Township relating to purchase of open space and conservation easements from the proceeds of bonds or notes to be issued in the amount of $350,000.00.
Moved: Ledbetter Second: Vutz Approval: Unanimous
12:30 AM There being no further business for discussion, a motion to adjourn was approved as follows:
Moved: Vutz Second: Ledbetter Approval: Unanimous
Respectfully submitted,
Madeline M. Harbison
Assistant Township Secretary