MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: September 2, 2009

BOARD MEMBERS PRESENT:
Norman Vutz, Chair; Barbara Cohen, Vice-Chair; Lee Ledbetter; Jim Morrisson, Laurie Williams

Also present: 
Mary Bird, Township Manager; William Brennan, Township Solicitor; John Sartor, Township Engineer.
Rick Beittel, Jr., Fire Chief; Nick Cinciripino, Roadmaster; Jim Fetterman, Chief of Police; Marlou Gregory, EAC; Steve Kunz, EAC; Bob Mauch, Open Space Committee; Jim Shaughnessy, Recycling Committee.

Fourteen (14) Township residents were present.

CALL TO ORDER

The public meeting was called to order by Mr. Vutz at 7:30 pm.

Pledge of Allegiance

ANNOUNCEMENTS:  

Letter of Commendation. Mrs. Cohen mentioned the letter from Mr. Brian M. Gallagher, President of the Northern Chester County Fire Chiefs Association, which called out Chief Beittel and the Valley Forge Volunteer Fire Company (VFVFC) as a model example of a community fire service.  Mrs. Cohen personally thanked Chief Beittel on behalf of the Board for the dedicated service VFVFC provides to Schuylkill Township.

PUBLIC PARTICIPATION:   

Mr. David G. Lee, 99 Diamond Rock Road, addressed the Board on the matter of a letter received from the Township regarding a dead tree presumed to be on his property.  Mr. Lee stated that he invited Mr. Cinciripino, Roadmaster, and Mrs. Bird, Township Manager to inspect the tree and its location.  Mr. Lee went on to say that the letter should never have been sent to him, that an evaluation of the situation should have been done by the Township and, further, if the tree is in the Township’s right-of-way, it is the Township’s responsibility to maintain it, not his.  Mr. Lee suggested that if the Township deems the tree a hazard, then the Township should pay to take it down.

Mr. Cinciripino responded to Mr. Lee, stating that according to the Pennsylvania Second Class Township Code, Section 2325, the Township has the right to remove trees deemed hazardous, but not the obligation to do so.  Mrs. Bird asked the Board to formalize a Board policy on this issue; if a standing dead tree is deemed a risk to street traffic, the Township will take the tree down at the expense of the property owner.
Mr. Lee countered, stating he thought perhaps a compromise could be reached whereby the Township would pay to take the tree down and he would take care of the removal of the wood.

Mr. Morrisson replied saying that, in his opinion, there were four options to this issue:

  1. The property owner bears the entire cost of the tree removal;
  2. The Township pays the entire cost of removal;
  3. An agreement is reached whereby the property owner and the Township each pay half of the cost of removal; or
  4. The Township compiles a list of arborists, craftsman, etc., people who take down the trees for the wood, and the Township could rotate through the list when hazardous tree situations came up

Mrs. Bird replied to Mr. Morrisson saying that his last option could incur serious insurance liability issues.  Mr. Vutz recommended that the subdivision plans be pulled to determine exactly where the Township’s right of way lies—the responsibility of removal rides on this point.  Mr. Ledbetter added that once the right-of-way was clear, then the Township should sit down with the landowner to work out a plan of action.

Motion.  Mrs. Williams made a motion that the Township should take the tree down and bear the entire cost.  Mrs. Cohen seconded the motion conditional upon adherence to the Second Class Township Code.

Mr. Brennan asked Mr. Lee if the tree in question was on his property or on Township property.  Mr. Lee responded that the tree was located in the Township right-of-way.  Mr. Brennan stated that dedication of roads and establishment of rights-of-way do not change the underlying legal ownership of the property.  Mr. Brennan added that Mr. Lee is the owner of the land and the trees on that land; a right-of-way gives the Township the right to remove hazards to traffic and the lien law allows the Township to pass the cost of removal to the legal property owner.

Mrs. Cohen asked Mr. Lee if he would be willing to split the cost for the tree removal with the Township.  Mr. Lee said that he would do this.

Mrs. Williams withdrew her motion that the Township wholly pay for the removal of the tree on Mr. Lee’s property.

Motion.  Mrs. Williams made a motion that the cost for the removal of the tree located on Mr. Lee’s property at 99 Diamond Rock Road and deemed to be a hazard at this time be split between Mr. Lee and the Township on a fifty-fifty basis, not to exceed $450.00.  Mrs. Cohen seconded the motion.

Mr. Vutz cautioned that this would be setting a precedent to which the Township may not be able to live up to in the future.  Mr. Morrisson responded that this was straddling middle ground.  Mrs. Cohen stated the situation should be reviewed to come up with a policy to address the issue.  Mrs. Bird concurred, stating that a Board policy was needed.

Motion Vote.  The motion passed 3-2-0, with Mr. Vutz and Mr. Ledbetter dissenting.

Mrs. Marlou Gregory, Chair-Environmental Advisory Council (EAC), addressed the Board regarding the need to create a master plan for the Pasquale property.    Mr. Ledbetter concurred, stating that there is a need for oversight on the overall plan and if the EAC is willing to take on that responsibility, he will give his support. Mrs. Cohen interjected that the EAC should maintain good communications with the Toonerville Trolley Trail Task Force regarding the future use of the Pasquale property.  

Mr. Sartor suggested that a feasibility study should be used as the next step in the planning process and should also form a base plan for the “master plan” of the Pasquale property.  Mr. Ledbetter said that the project will need to be owned by a “go-to” person or entity.  Mrs. Gregory said that it seems it would fall under the EAC’s mantle and the EAC is willing to take on the responsibility.  Mr. Ledbetter suggested that the EAC review the base plan to be created by Mr. Sartor and then come back to the Board with a decision on whether to take on the oversight role for building a master plan.

  • Motion to approve expenditure of not to exceed amount of $800 to prepare a site feasibility analysis for the two Pasquale parcels.
    • Motion.  Mr. Ledbetter made a motion to authorize Gilmore & Associates, through Mr. Sartor, to conduct a feasibility analysis on the two Pasquale parcels -- the purchase of which by the Township is anticipated to go to settlement on September 16, 2009 -- with a not-to-exceed amount on the feasibility analysis of $800.00.  The motion was seconded by Mrs. Cohen.
    • Motion Vote.  The motion passed 5-0-0.

Mr. Ledbetter advised all Township parties involved with the Pasquale property to keep the Township Manager in the loop.

CONSENT AGENDA      

  • Approval of Minutes of the August 5, 2009 Regular Board of Supervisors Meeting. 
  • Approval of Treasurer’s Report for Period Ending August 31, 2009
  • Approval of Payment of Township Bills for Period Ending August 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 Mr. Ledbetter and seconded by Mrs. Cohen. 
Motion Vote: The motion passed 5-0-0.

  • Pennsylvania Department of Environmental Protection (PaDEP)Right-to-Know Appeal
    • Mr. Stephen Kunz, Environmental Advisory Council (EAC), updated the Board on the status of the Right-to-Know appeal with the PaDEP.  Mr. Kunz said that in June 2009, a response had been received from Mr. John Hanger, Secretary of PaDEP, that the agency’s determination that the wetlands in and around the Reeves property on the Pickering Reservoir were not exceptional value would stand.  Mr. Kunz immediately filed a Right-to-Know request with the PaDEP for documentation supporting this determination.  Mr. Kunz received a response from the PaDEP in July but did not receive all the records requested because, according to the PaDEP, certain documents fell under attorney/client privilege or attorney work privilege protection.  Mr. Kunz filed an appeal to this with the Pennsylvania Right-to-Know office on August 20, 2009 and is waiting for a determination on his appeal.  Mr. Morrisson commended Mr. Kunz on his efforts and attention to detail on this matter.

BOARD DISCUSSION ITEMS

  • Old Business
    • There were no items requiring Board attention this month.
  • New Business
    • Right-to-Know Appeal with Pennsylvania Department of Environmental Protection (PaDEP): 
      • Motion.    Mr. Morrisson made a motion to allow the EAC to act on behalf of the Board of Supervisors on the Right-to-Know appeal with PaDEP and to allow Schmidt & Co. as an extension of the EAC through Stephen Kunz to continue to do pro bono work on the appeal.
        • Mr. Vutz asked the Township Solicitor if he saw any problems with this action.
        • Mr. Brennan responded that there were no legal issues with Mr. Kunz’s working on the appeal; that he has discussed the appeal with Mr. Kunz and that Mr. Kunz will continue to consult with the Township Solicitor as the action progresses.
        • Mrs. Cohen expressed her concern that this may jeopardize the possibility of reaching a compromise with Mr. Todd Pohlig regarding development of the Reeves property.  Mr. Brennan addressed her concern, stating that the preservation of the creek and wetlands should be divorced from Mr. Pohlig’s development application.
      • Motion Vote.  The motion passed 5-0-0.
    • City Switch
      • Mr. Brennan gave a brief update on the City Switch communications tower matter:
        • The most recent issue is the electrification of the tower.  Electrical poles have been installed along the access road to Valley Forge Sewer Authority (VFSA).  VFSA was contacted to see if an objection could be raised on rights-of-way (ROW).  Mr. Brennan was informed that the ROW was originally owned by Amtrak and subsequently sold to Norfolk Southern so no action could be pursued on that point.
        • An administrative conference is scheduled for September 10, 2009 with Judge Jacqueline Cody; the purpose of which is to set a trial date.  The case is moving ahead.
        • Mr. Walter Ozorowski, 331 Pawling Road, has hired an attorney to pursue private action against the installation of the communications tower.
    • Extension of current Equipment Rental Contract with Dan Malloy Paving Co. to September 30, 2009
      • Mrs. Bird informed the Board that while the paving campaign is currently on schedule, due to the overabundance of rain received during the current paving projects, she and the Roadmaster wanted the contract extended as a precaution against delays in completing the paving. 
      • Motion.    A motion was made by Mrs. Cohen to extend the current Equipment Rental Contract with Dan Malloy Paving Co. to September 30, 2009.  The motion was seconded by Mrs. Williams.
      • Motion Vote.  The motion passed 5-0-0.
    • Motion to advertise the Equipment Rental Contract/Snow Removal for October 1, 2009 to August 31, 2010
      • Mr. Vutz asked the Township Manager if there were any obstacles to lumping the Equipment Rental and Snow Removal contracts together.  Mrs. Bird replied that there were no issues; this is the way the Township has always advertised.
      • Mr. Ledbetter suggested that, in light of the previous discussion item extending equipment rental to September 30, 2009, the time period for the Equipment Rental/Snow Removal Contract be extended to September 30, 2010.
      • Motion.    Mr. Ledbetter made a motion to authorize the advertising of the Schuylkill Township Equipment Rental Contract/Snow Removal for October 1, 2009 to September 30, 2010.  The motion was seconded by Mrs. Cohen.
      • Motion Vote.  The motion passed 5-0-0.
    • Motion to approve expenditure from the Capital Road Fund for blacktop in conjunction with Aqua PA repaving of entire roadways that had water mains replaced.
      • Mrs. Bird informed the Board that Aqua PA had struck a deal with Schuylkill Township in that Aqua PA would repave those sections of Flintlock Lane, Powderhorn Drive, Forge Hill Lane, Riverwood Lane, Carolina Avenue and Pennypacker Avenue on which water mains were replaced provided the Township purchased the blacktop for the project.  Mrs. Bird estimated that this would provide equipment rental savings for the Township as some of the abovementioned roads were already included in this season’s paving campaign.
      • Mr. Ledbetter commended Mrs. Bird and Mr. Cinciripino on negotiating this deal with Aqua Pennsylvania.
      • Motion.    Mrs. Williams made a motion to approve expenditure from the Capital Road Fund for blacktop in conjunction with Aqua Pennsylvania repaving of entire roadways that had water mains replaced.  The motion was seconded by Mr. Ledbetter
      • Motion Vote.  The motion passed 5-0-0.
    • Motion to purchase upgraded security system for the Township complex
      • Mrs. Bird informed the Board that she and Chief Fetterman had selected Crime Intervention Alarm for the Township complex security through the CO-STARS state contract program.  This company offered the best return on investment; providing the highest equipment and monitoring service level for the best price.  The cost is $20,600.00 which is $3,900.00 below budget.
      • Mrs. Williams questioned Chief Fetterman on the necessity of having a security camera system in the Township complex.  Chief Fetterman responded that foremost it will protect the Township against liability issues.  Mr. Vutz added that the system would be useful in the event of vandalism and burglary attempts as well.
      • Motion.    Mr. Ledbetter made a motion to purchase an upgraded security system from Crime Intervention Alarm for the Schuylkill Township municipal complex.
      • Motion Vote.  The motion passed 5-0-0.
    • Motion to approve Whitetail Associates to hunt the Pickering Preserve during the 2009-2010 archery season.
      • Motion.   Mr. Ledbetter made the motion to approve Whitetail Associates to hunt the Pickering Preserve during the 2009-2010 archery season.  The motion was seconded by Mrs. Williams
      •  Motion Vote.  The motion passed 5-0-0.
      • Mr. Morrisson asked for an amendment to the motion which would add the Pasquale properties to the allowed hunt by Whitetail Associates.  Mr. Morrisson said the property was prime habitat for deer which present hazards on Valley Park Road.
      • Mr. Ledbetter suggested that this amendment should be tabled until 1) the purchase of the Pasquale properties was completed and 2) the EAC has time to consider, in their oversight role for the use of the Pasquale parcels, whether hunting should be allowed on that property.  Mr. Ledbetter added that the fact that Anderson Cemetery abuts the Pasquale parcels is an issue on which the Township would have to tread carefully with regard to hunting.
      • There was no second on the amended motion to include the Pasquale parcels in the allowed hunt by Whitetail Associates.
    • Motion to approve joining with Charlestown Township in their application to PaDOT for PaDOT to conduct a study of the intersection of Ashenfelter and S. White Horse Road for a 3-way stop sign.
      • No action was taken by the Board on this item.
    • Motion to accept the 2010 Financial Requirement and Minimum Municipal Obligation report for both the Police & Non-uniform Pension plans.
      • The 2010 Financial Requirement and Minimum Municipal Obligation for both the Police and Non-Uniform Employees was presented to the Board.
      • Motion.    A motion was made by Mrs. Cohen to accept the 2010 Financial Requirement and Minimum Municipal Obligation for both the Police and Non-Uniform Employees as presented to the Board.  The motion was seconded by Mr. Ledbetter
      • Motion Vote.  The motion passed 5-0-0.
    • Motion to authorize the Open Space Commission to make an offer, subject to Board of Supervisors approval, and subject to confirmation of public access to the eased property, to fund conservation easement scenario 1 on Parcel A.
      • Motion.    Mr. Ledbetter made a motion to authorize the Open Space Commission to make an offer, subject to Board of Supervisors approval, and subject to confirmation of public access to the eased property, to fund conservation easement scenario 1 on Parcel A.  The motion was 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 – the Township’s reply to the summary judgment was filed and is currently under consideration.  Potentially a trial date could be set for late September; however, it is likely to be postponed to a later date.
        • Levin – A motion for a summary judgment is pending; opposing counsel cannot make certain dates on which the trial is scheduled.
        • Higby – The developer’s on-going stance was that the Township did not respond to a MPC Completion Notice within the allowed time period.  An agreement was reached for a global settlement through an independent arbitrator; however, the developer is concentrating on other matters regarding his business at this time and has declined to settle.  An administrative conference is scheduled for September 25, 2009 with Judge Griffith in Chester County Court.  The Township’s case is ready to go.
    • Safe Kids to School Path and Pickering Glen Walking Trail (non-agenda item)
      • Mr. Ledbetter commented that he had personally walked the new path at SR 29 and Pothouse Road.  Mr. Ledbetter stated that the new path installed by PaDOT is safe and easy to walk on; however, he added, that portion of the trail under the aegis of the Pickering Glen Homeowners Association (HOA) is virtually impassable due to neglect; the surface of the trail is pockmarked and has weeds growing in it.  Mr. Ledbetter questioned Mr. Peter Mercuri, President of the Pickering Glen HOA who was present at the Board meeting, as to the intentions of that development’s HOA in maintenance of the trail.
      • Mr. Mercuri’s response was that the trail within Pickering Glen was maintained, that the portion of the trail to which Mr. Ledbetter was referring was on Levin property and the HOA did not feel it was their responsibility to maintain it.
      • Mr. Ledbetter reminded Mr. Mercuri that under the HOA charter granted to Pickering Glen, maintenance of the entire trail including the section traversing the Levin property and up to SR 29 was the responsibility of the Pickering Glen HOA.
      • Mr. Mercuri replied that when the HOA charter was installed, it was understood by the HOA that the farm parcels adjacent to the Pickering Glen development, including the Levin property, were to be part of the HOA.  Mr. Mercuri went on to say that, in his opinion, the HOA was misled by certain members of the Board at that time in that proprietary interest in those farm parcels was not disclosed and that a deal had been struck with the developer, outside of the HOA’s knowledge, to exclude those farm parcels from the HOA.  Mr. Mercuri concluded that as no maintenance fees were being received by the HOA from the properties on which the subject trail section lay, the HOA did not feel it was their responsibility to maintain that section of the trail.
      • Mr. Ledbetter rebutted, stating that under the current charter of the Pickering Glen HOA, it was their legal responsibility to maintain the trail—no matter whose property it occupied—and again asked Mr. Mercuri if the Pickering Glen HOA was going to maintain that section of trail under discussion.
      • Mr. Mercuri replied that no, they would not maintain that section of the trail traversing the Levin property.
      • Mr. Ledbetter ended the discussion, stating that the Board would take the matter under consideration.
  • Resolutions/Ordinances
    • Resolution No. 2009-22 removing the condition requiring the Freedom Valley YMCA to donate $25,000 as a fee in lieu of future improvements to the intersection of Pothouse Road and State Road. 
      • Motion.    Mr. Ledbetter made the motion to accept Resolution No. 2009-22 removing the condition requiring the Freedom Valley YMCA to donate $25,000 as a fee in lieu of future improvements to the intersection of Pothouse Road and State Road.  Mrs. Williams seconded the motion.
      • Motion Vote.  The motion passed 5-0-0.
    • Resolution No.2009-23 Police Pension Plan and Resolution No. 2009-24 Non-uniform Pension Plan to terminate the services of Smith Barney and moving pension assets for both plans to Vanguard Group and Charles Schwab through INR Advisory Services LLC. 
      • Motion.    Mr. Ledbetter made the motion to accept Resolution No. 2009-23 Police Pension Plan and Resolution No. 2009-24 Non-uniform Pension Plan to terminate the services of Smith Barney and moving pension assets for both plans to Vanguard Group and Charles Schwab through INR Advisory Services LLC.  Mrs. Williams seconded the motion.
      • Motion Vote.  The motion passed 5-0-0.
  • Additional Business
    • Toonerville Trolley Trail
      • Mrs. Cohen updated the Board on the project:
        • The project is currently in hiatus; did not receive the federal grant monies to move ahead.
        • The task force did meet with the Chester County Planning Commission Trails Advisor, Jake Michael, who is excited about the possibilities opened with the acquisition of the Pasquale properties.
      • Mrs. Cohen emphasized that good communication must be maintained between the EAC and the Toonerville Trolley Trail Task Force.  Mr. Ledbetter suggested that Mrs. Cohen attend EAC meetings on a regular basis to update the EAC on trail matters as management of the Township trails systems is owned by the EAC.  Mrs. Cohen noted that Earl Cram is the EAC liaison on the Toonerville Trolley Trail Task Force and has been in that position since the formation of the task force.
    • Phoenixville Regional Planning Committee (PRPC): 
      • Mr. Morrisson updated the Board on the consistency review.
        • Schuylkill Township was found to be generally consistent.
        • Approval of the final version of the Regional Plan and Consistency Review Report prepared by KSK will be addressed at the September 30, 2009 meeting of the PRPC.
    • Initiative to encourage commercial v. residential development in the municipalities within the Phoenixville Area School District
      • Mr. Cohen reported on the 1st meeting, August 17, 2009, of the initiative task force.
        • The focus of the meeting was how municipalities could be proactive in attracting commercial development in appropriate areas.
      • Mr. Ledbetter commented that concerns such as this were under consideration by the Regional Planning Committee and some early conclusions were:
        • Municipalities should not compete against each other in non-productive ways, i.e., Schuylkill Township should not compete with the Borough of Phoenixville for commercial ratables.
        • The Township should approach commercial development carefully; there is a need to consider the scale of commercialism versus the scale of the community and if development will change the character of the Township.
        • Lastly, what is the Board of Supervisors’ vision?  The Township cannot compete with the Borough and the infrastructure already in place there to support commercial development.  The Township’s infrastructure is already at capacity.
  • At 9:45 pm, an 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 10:30 p.m.  Mr. Vutz reported that certain legal matters were discussed.

ADJOURNMENT

At 10:30 pm, a motion was made by Mr. Vutz to adjourn the meeting. Mrs. Williams seconded the motion.  The motion passed 5-0-0.

Next Board Meeting:  October 7, 2009 at 7:30 PM

Respectfully submitted,

 

Madeline M. Harbison
Township Secretary