PRESENT: Norman Vutz, Chair; Barbara Cohen, Vice Chair; Lee Ledbetter; Jim Morrisson, Laurie Williams, William Brennan, Township Solicitor; Mary Bird, Township Manager
Two (2) township residents were in the audience for this meeting.
7:30 PM Called to Order
Solicitor: Mr. Brennan reported on several matters underway for the Township.
Potters Pond. Depositions have been scheduled. A letter was received from the lawyer representing the Potters Pond HOA expressing concern that the development escrow monies may be at risk. Mr. Brennan informed the Board that this signifies the trial date is now public knowledge.
Levin Property. Mr. Brennan is working on having this removed from the trial list. Currently have additional four months for discovery. Counsel for developer has requested depositions from Mr. Vutz and Mr. Ledbetter. The Township Manager will work with Mr. Brennan to schedule these.
Historic Schuylkill School. The Phoenixville Area School District (PASD) Board has tabled the term sheet pending discussions between the Township Solicitor and PASD Board attorney, Ron Kalyan, regarding demolition language. Mr. Brennan is not clear on what needs to be discussed as no direction was given by the PASD Board. The PASD Board wants approval by the Schuylkill Township Board for a demolition permit prior to signing the term sheet. Mr. Vutz stated that this would be an exemption and would bypass the Zoning Hearing Board process. Mr. Brennan stated that “exemption” is not a zoning term. The approval could only be through a variance or special exception. Ms. Cohen asked if the Township Solicitor should write an opinion letter to the School Board. Mr. Ledbetter questioned where the PASD Board stood on the term sheet at present. He stated that, while the Schuylkill Township Board of Supervisors had met every request made to date by the PASD Board and written a term sheet consistent with those requests, the PASD Board was not acting in good faith; that each time a term made by the PASD Board was met, new issues were brought up and he was not inclined to negotiate any further with the PASD Board. Mrs. Williams made a motion that the Township Solicitor write an opinion letter that the PASD Board would get a demolition permit if funding to restore the historic Schuylkill School was not obtained by the agreed-upon date of September 30, 2009.
Ms. Cohen reminded Mrs. Williams that she had recused herself from matters concerning the School Board. Mrs. Williams rescinded the recusment stating that her research indicated there was no conflict of interest.
Mr. Brennan stated he would be more comfortable with a revised motion that the opinion letter should state that with appropriate research into the matter, the Board of Supervisors will issue a demolition permit under exception. He further stated it would be more appropriate if he advised the PASD Board in the letter that an Ordinance was already in place with exception language.
Mrs. Williams withdrew her original motion and made a modified motion to write an opinion letter incorporating Mr. Brennan’s comments which was approved as follows:
Moved: Williams Second: Cohen Approval: Cohen, Morrisson, Williams
Dissent: Ledbetter, Vutz
Mr. Brennan asked Mr. Vutz and Mr. Ledbetter about dates for the Levin depositions. Mr. Vutz and Mr. Ledbetter stated they are available most evenings. Mr. Brennan will present this option to opposing counsel and request that the depositions take place at the Schuylkill Township building.
EDC Property: The Township Manager requested a date be set for the Conditional Use Hearing for this property. Mr. Vutz suggested that it be scheduled in conjunction with the next Budget Meeting of the Board. The date selected by the Board was October 14, 2008, with the Conditional Use Hearing at 7:30 p.m. and the Budget Meeting to commence at 8:30 p.m.
Budget: Receipts were discussed. The Township Manager prefaced the discussion on Real Estate Taxes with information that the County was approving a large number of property owners’ reassessment requests. She presented the Board with a listing of reassessments in the Township. Due to this, in drawing up the receipts budget, she had used conservative figures. Numbers were drawn from the tax collectors estimated anticipated revenue report, and the mid-level range was incorporated into Township figures. The Township will be given the 2009 valuations in November. Mr. Ledbetter suggested that, in light of the present state of the economy, the Township go to a “hunker-down” budget overall and recommended using the low-end numbers presented by the tax collector.
Local Service Tax. The Township Manager reported that there has been a gradual increase in Real Estate Transfer Fees in the Township. Mr. Ledbetter requested that the Franchise Fee line item of $130,000.00 be readjusted downward to $115,000.00 to stay flat with 2008 revenues.
Intergovernmental Revenues. The Township Manager reported that grant monies were slowly disappearing and therefore has not reflected many of the 2008 grant monies received in the 2009 budget.
Service Charges. There was a discussion regarding Zoning and Subdivision Fees, whether they are covering Township costs and if these fees would have to be adjusted for expense outlay in administrative and enforcement costs. Mr. Ledbetter asked that a line item be added for regionally significant review fees.
The Township Manager suggested to the Board that she investigate placing the Township ’s General Fund monies in Certificates of Deposit next year. The Board agreed that this route should be investigated as a means of a better ROI on the Township’s funds.
At 9:37 PM, ., there being no further business for discussion, a motion to adjourn was approved as follows:
Moved: Ledbetter Second: Williams Approval: Unanimous
Respectfully submitted,
Madeline M. Harbison
Assistant Township Secretary