MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: April 7, 2010

BOARD MEMBERS PRESENT:
Barbara Cohen-Chair, Norman Vutz-Vice Chair, Jim Morrisson, Fred Parry, 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, John Gregory-Historic Commission, Madeline Harbison-Township Secretary

CALL TO ORDER

Mrs. Cohen being detained, the public meeting was called to order by Mr. Vutz at 7:30 PM.  Mrs. Williams was also detained.

Pledge of Allegiance

ANNOUNCEMENTS  

  • Audit Report of the Board of Auditors:  Ms. Martha M. Majewski of the Schuylkill Township Board of Auditors, read the Executive Summary of the Auditors Report for 2009 which stated that, with the exception of the Real Estate Tax Account upon which the results are inconclusive as of this meeting of the Board of Supervisors, the books and records fairly represent the financial position of the Township.
  • Mr. Vutz reminded the residents present about the importance of completing and mailing in their census forms. 

PUBLIC PARTICIPATION   

No items were brought to the Board.

CONSENT AGENDA

  • Approval of Minutes of March 3, 2010 Regular Board of Supervisors Meeting. 
  • Approval of Treasurer’s Report for Period Ending March 31, 2010
  • Approval of Payment of Township Bills for Period Ending March 31, 2010
  • Acceptance of Department, Committee, Commission and Council Reports as posted and received by the Board of Supervisors.

    Motion to approve Consent Agenda.  Mr. Parry moved to accept the Consent Agenda.  Mr. Morrisson seconded.

    Motion Vote: The motion passed 3-0-0.  Mrs. Cohen and Mrs. Williams were not present for this vote.

BOARD DISCUSSION ITEMS

  • Old Business

    Mrs. Williams arrived at 7:37 PM.

    • Amend minutes of May 6, 2009 to delete the name of Ms. Kristine McArthur.
      • Motion.    A motion was made by Mrs. Williams, seconded by Mr. Morrisson, to amend the Board of Supervisors Meeting Minutes for May 6, 2009 to delete the name of Ms. Kristine McArthur as requested in Ms. McArthur’s letter of March 25, 2010.
      • The Board briefly discussed the circumstances under which Ms. McArthur’s name was, as stated in her letter of March 25, 2010, incorrectly recorded in the May 2009 meeting minutes as having attended the meeting.  It was determined that the issue being discussed in that portion of the minutes is not changed by amending the minutes and it was deemed appropriate to grant her request.
      • The official minutes of May 6, 2009 (2009 Official Minutes page 56, paragraph 8, line 1) are hereby amended to read “… Mr. Nilan was present with a neighbor to discuss a drainage problem on their properties. …”.
      • Motion Vote.  The motion passed 4-0-0.  Mrs. Cohen was not present for this vote.
    • Drafting of Ordinance Language & Advertising regarding Brake Retarders from Creek Road to Buckwalter Road. 

      Mrs. Cohen arrived at 8:03 PM.

      • Motion.    Mrs. Williams moved to allow the drafting of ordinance language and advertising for prohibition of brake retarders from Creek Road to Buckwalter Road.  Mr. Parry seconded the motion
      • The Township Manager explained briefly that the Pennsylvania Department of Transportation (“PaDOT”) cannot approve installation of Brake Retarder Prohibited signs on Route 29 from Buckwalter Road to Pothouse Road because the downhill grade exceeds the required 4% for a distance of approximately 500 feet. Ms. Bird went on to say PaDOT will approve signs prohibiting the use of “brake retarders” from Creek Road/Fox Run Lane to Buckwalter Road providing the Township enacts an ordinance for this prohibition, the Township Police Department takes responsibility for enforcement of such ordinance, and the Township assumes responsibility for obtaining the “Brake Retarder Prohibited” and “End Brake Retarder Prohibition” signs, their installation and maintenance.
      • Ms. Lee P. Halladay, 1593 State Road, was recognized by the Chair.  Ms. Halladay stated that, as the initiator of the residents’ efforts to prohibit brake retarders on Rte. 29 in the township, the section of road proposed by PaDOT (Creek Road to Buckwalter Road) is the problem area about which the residents are concerned and wish to have the prohibition put in place.  Ms. Halladay thanked the Board for their attention to this issue.
      • Motion Vote.  The motion passed 5-0-0.
    • Letter of Map Revision (“LOMAR”) to FEMA for the former American Inks & Coatings property owned by Ratosky & Trainor, Inc. 
      • Mr. Rob Ratosky, of Ratosky & Trainor, Inc., was recognized by the Chair.  Mr. Ratosky petitioned the Board for approval of a conditional LOMAR (“CLOMAR”) as requested by the Federal Emergency Management Agency (“FEMA”).  Mr. Ratosky briefly explained the circumstances which required the Board to revisit this issue from a year ago; that the Department of Environmental Protection changed the community acknowledgement form slightly, and the new reviewer assigned by FEMA to this project at 330 Pawling Road requires that the FEMA Form MT-2 be executed by each municipality affected by said project to acknowledge that it has received and reviewed the CLOMAR request.  Mr. Ratosky further stated that this form in no way binds the Board to any future course of action; that he understands that the project will still have to go through all required zoning, planning and building code requirements and/or variance processes with the Township.  Mr. Ratosky pointed out to the Board that Lower Providence Township and Montgomery County had signed off on the CLOMAR. 
      • Mr. John Sartor, Township Engineer, pointed out that the Township did not have the supporting calculations which he assumed would be required by FEMA to be submitted with the CLOMAR.  Mr. Ratosky stated that the calculations were already in FEMA’s hands and assured Mr. Sartor that he would provide the documentation to the Township Engineer.
      • Mr. Rick Beittel, Jr., Chief-Valley Forge Volunteer Fire Company, was recognized by the Board.  Chief Beittel informed the Board that the proposed plan for parking underneath for this project is an emergency responders’ nightmare and strongly urged the Board not to approve this concept.
      • Motion.    Mr. Morrisson moved to conditionally approve the Conditional Letter of Map Revision (FEMA MT-2 Form) providing that the Township Engineer is satisfied with the calculations provided by Mr. Ratosky.
      • Mr. Brennan stated his concern over the fact that, by signing this CLOMAR as it stands before the Board, the Township is asserting that it has received and reviewed the application and that it conceivably could abrogate the future rights of the Township.  Mr. Vutz suggested that this concern could be addressed by crossing out the “and reviewed” portion of the statement.
      • Motion.    Mr. Morrisson amended his original motion to conditionally approve the Conditional Letter of Map Revision (FEMA MT-2 Form) providing that the Township Engineer is satisfied with the calculations provided by Mr. Ratosky and the words “and reviewed” are removed in addition to the other strikeouts.  This motion was seconded by Mrs. Cohen.
      • Motion Vote.  The motion passed 5-0-0.
  • New Business
    • Mobile Video Recorders Policy for the Township Police Department: 
      • The Board asked the Police Chief to explain the purpose of putting this policy in place.  Chief Fetterman stated that it was necessary to have an official policy to back up set procedures.  The format and content of the policy has been approved by the District Attorney and is already in place in some neighboring municipalities.
      • The Chief was questioned by the Board on why, if procedures were already in place, a formal policy was required.  Chief Fetterman responded that with the addition of audio capability to the video recording, the use of the equipment falls under the wiretapping laws and subsequently requires a formal department policy in addition to existing departmental procedures.
      • Motion.    A motion was made by Mr. Vutz to approve the Mobile Video Recorders Policy/Standard Operating Procedure for the Schuylkill Township Police Department.  Mrs. Cohen seconded.
      • Mrs. Williams objected to voting on this item as she had not reviewed certain changes made to the document prior to the Board meeting.
      • Motion Vote.  The motion passed 4-1-0, with Mrs. Williams dissenting.
    • Mutual Aid Agreement for Emergency Services to Political Subdivisions in Montgomery County: 
      • Motion.    Mr. Morrisson moved to approve the Mutual Aid Agreement for Emergency Services to Political Subdivisions in Montgomery County.  Mr. Vutz seconded.
      • Motion Vote.  The motion passed 5-0-0.
    • Contract with Wise Preservation Planning LLC to review and revise the Historic Preservation Ordinance. 
      • Motion.    A motion was made by Mrs. Cohen to approve the contract with Wise Preservation Planning LLC to review and revise the Historic Preservation Ordinance.  Mr. Morrisson seconded.
      • The Board questioned Mr. John Gregory of the Historic Commission on the figures in the contract and stated that there was some question on the unnamed future costs of some portions of that contract. It was noted that a “not to exceed” clause might best serve the Township.  Mr. Gregory briefly explained the background of the project; that there were sufficient funds budgeted for Phase I (±$960.00) and Phase II (±$2400.00) of the project and that the Phase III section, which is the unnamed cost portion contained in the Wise Preservation proposal, is the public approval process and Wise may not be involved for that part of the project.
      • Motion Vote.  The motion passed 4-1-0, with Mrs. Williams dissenting.
    • Waiver of Requirement that an Escrow/Financial Security be posted by the Phoenixville Area School District (“PASD”) for the Phoenixville Middle School Project: 
      • Motion.    Mrs. Williams moved that Schuylkill Township waive the requirement that an escrow/financial security be posted by the PASD for the Phoenixville Middle School Project.  The motion was not seconded.
    • Approval of Land Development Agreement, Escrow Agreement and Letter of Credit, and Signing of Final Plans for the Phoenixville Middle School Project. 
      • Motion.    Mrs. Cohen moved to approve the Land Development Agreement, Escrow Agreement and the use of a Letter of Credit as Financial Security, and Signing of Final Plans for the Phoenixville Middle School Project.  Mr. Morrisson seconded.
      • The Board requested some guidance in this matter from the Township Solicitor as the Township Subdivision and Land Ordinance (SALDO) requires a cash escrow or letter of credit to be in place prior to approval of agreements.
      • Mr. Brennan’s opinion was that the developer agreement and escrow agreement can be signed and released and the plans can be released for recording once the letter of credit is received by the Township Manager.
      • Motion.    Mrs. Cohen amended her motion to approve the Land Development Agreement, Escrow Agreement and Letter of Credit, and Signing of Final Plans for the Phoenixville Middle School Project conditional upon the receipt of a Letter of Credit as Financial Security from the PASD.  Mr. Morrisson seconded.
      • Motion Vote.  The motion passed 5-0-0.
    • Legal Matters: 
      • Mr. Brennan updated the Board on certain on-going legal matters.
        • Levin – The case did not go to trial.  Currently waiting for new trial date list.
        • City Switch
          • The Township can move ahead in the process to levy any appropriate fines.  Mr. Brennan requested that the manner of issuing fines be discussed in executive session.  The Board concurred
          • Mr. Brennan reported a new settlement agreement has been received by him from CitySwitch, LLC.  He requested that a discussion of the settlement be conducted in executive session.  The Board concurred.
        • Higby II/Potters Pond
          • Mr. Brennan reported that mutually agreeable settlement terms have been reached with the developer, Higby, the Potters Pond Home Owners Association (“HOA”) and the Township for completion of the improvements at Potters Pond.  The terms reached are as follows. Higby will promptly complete the improvements on the Gilmore and Associates punchlist (as updated if necessary) and will submit a statement of work done to the Township.  This statement of work done will be reviewed by an outside engineer, Mr. Mark S. Mayhew, P.E. of Taylor Wiseman & Taylor of Chalfont, PA, and approved as appropriate under the Municipal Planning Code (“MPC”).  Mr. Mayhew’s services will be funded by the Higby escrow currently held by Wachovia Bank.  The Township will pay Mr. Mayhew directly and be reimbursed through escrow funds.  The Township reserves all rights to call the escrow if the work is delayed or is not done properly.  Mr. Brennan stated that he invited Mr. Mayhew, Ms. Mary Ellen Dronitsky, President – Potters Pond HOA, and Mr. Andy Cappelli of Higby to be present in order to confirm all involved parties’ understanding.
          • Mr. Brennan asked Ms. Dronitsky if she understood and agreed on behalf of the Potters Pond HOA to the terms.  Ms. Dronitsky replied that she did but added that the HOA required to be kept in the loop with Higby and Mr. Mayhew; that the improvements be coordinated with the Potters Pond HOA landscaper and that the HOA landscaper have a final review prior to escrow release.  Additionally, Ms. Dronitsky requested that an eighteen (18) month maintenance bond be put up by Higby in order that a review could be done fourteen (14) to sixteen (16) months from completion of the improvements.
          • Mr. Brennan asked Mr. Cappelli if he understood and agreed on behalf of Higby to the terms of this settlement, including the engineering reviews by Mr. Mayhew and the payment for those reviews being paid by the Township from the Higby escrow account.   Mr. Cappelli stated he did.
          • Mr. Brennan requested approval from the Board to hire Mr. Mayhew in order to move ahead with this settlement agreement.
        • Motion.    Mr. Parry moved that Schuylkill Township approve hiring Mr. Mark S. Mayhew, P.E. of Taylor Wiseman & Taylor of Chalfont PA for outside independent review of the work done by Higby to complete the improvements at Potters Pond in accordance with the MPC and the Gilmore and Associates punchlist (as updated if necessary) with the understanding that Mr. Mayhew’s services will be paid directly by the Township which in turn will be reimbursed from the Higby escrow funds currently being held in Wachovia Bank.  Mr. Vutz seconded.
        • Motion Vote.  The motion passed 5-0-0.
    • Resolutions/Ordinances
      • Resolution No. 2010-07:  Approval to Purchase Asphalt using the Pennsylvania State Contract through Independence Construction Materials (ICM). 
        • Motion.    A motion was made by Mr. Morrisson to approve Resolution No. 2010-07, that Schuylkill Township will participate in Pennsylvania State Contract No. 5610-36 entitled Bituminous Material, Plant Mixed, Districts 1-12 by purchasing material from Independence Construction Materials and based upon the terms and conditions of the contract and at the prices included herein.
        • Motion Vote.  The motion passed 5-0-0.
      • Resolution No. 2010-08: Adoption of the Chester County Multi-Jurisdictional Hazard Mitigation Plan
        • Motion.    Mrs. Williams moved for approval of Resolution No. 2010-08, that the Chester County Multi-jurisdictional Hazard Mitigation Plan be hereby adopted as the official Hazard Mitigation Plan of Schuylkill Township.
        • Motion Vote.  The motion passed 5-0-0.
      • Resolution No. 2010-09: Approve Signature of Grant Application to DCNR for Valley Park Wetlands Mitigation Project
        • Motion.    A motion was made by Mrs. Cohen to approve Resolution No. 2010-09, that the Signature Page for Grant Agreement for the Grant Application to DCNR for the Valley Park Wetlands Mitigation Project may be signed on behalf of the Board by the Township Manager, Mary R. Bird.  Mr. Morrisson seconded.
        • Motion Vote.  The motion passed 4-0-0.  Mrs. Williams was not present for this vote.
    • Subdivisions/Land Development
      • Escrow Release #6 for Valley Park Subdivision. 
        • Motion.    Mr. Vutz moved to approve Escrow Release #6 for Valley Park Subdivision in the amount of $58,968.10 as recommended by the Township Engineer, Gilmore & Associates in their review report dated March 12, 2010.  Mr. Parry seconded.
        • Motion Vote.  The motion passed 4-0-0.  Mrs. Williams was not present for this vote.
      • Approval of Contractor to Fix Certain Sidewalks in Pickering Glen Development: 
        • Mrs. Cohen recommended that this item be tabled until the May Board meeting in order that certain contractors recommended by Mr. Peter Mercuri have an opportunity to review the project specifications as defined by the Township and determine if they wish the opportunity to bid on the project.  The Board concurred.  The approval of a contractor to fix certain sidewalks in the Pickering Glen Development will be addressed at the May 5, 2010 regular Board meeting.
      • Escrow Release #5 for the Pitter Patter Daycare: 
        • Motion.    Mrs. Cohen moved to approve Escrow Release #5 for the Pitter Patter Daycare in the amount of $26,644.27 as recommended by the Township Engineer, Gilmore & Associates in their review report dated April 7, 2010.  Mr. Vutz seconded.
        • Motion Vote.  The motion passed 5-0-0.
      • Escrow Release #3 for the EDC Company: 
        • Motion.    Mr. Vutz moved to approve Escrow Release #3 for EDC Company in the amount of $57,871.88 as recommended by the Township Engineer, Gilmore & Associates in their review report dated April 7, 2010.  Mr. Morrisson seconded.
        • Motion Vote.  The motion passed 5-0-0.
    • Additional Business
      • Two-Minute Reports: 
        • PASD Commercial Development Initiative – Mrs. Williams and Mrs. Cohen continue to meet with the task force to develop strategies for encouraging commercial development within the PASD municipalities.  The task force will be going before the full school board in April or May.  Mrs. Cohen is arranging for a representative of the Delaware Valley Green Building Council to address the task force on branding the PASD region as a “green” region.
        • Healthy Community Seminars – Mrs. Williams announced that two (2) sessions of health education seminars will be presented for Schuylkill Township residents; the first on April 28th and the second, June 3rd, at the Township Building.  Both sessions will cover Cancer Awareness Education, Exercise and Nutrition, and Lyme disease.
        • GVFTMA – Mrs. Cohen reported that the proposal for installing tolls on I-80 has been shot down; this does not bode well for the consideration of tolling on Rte. 422 to fund the planned R6 line.  She will continue to provide updates on this subject as information becomes available.  GVFTMA is working with PaDOT during the reconstruction of the White Horse Road bridge for a dedicated bicycle/pedestrian lane on the new bridge.  The start date for the bridge construction project has not been set by PaDOT as of the date of the April Board meeting.
        • Phoenixville Regional Planning Committee – Mr. Parry commented that the current focus of the Committee is a report on what the PRPC is about and how it should interface with participating municipalities.
        • Historic Schuylkill School – Mrs. Cohen reported that the visual assessment report has been received from Spotts Stevens McCoy (SSM) and their initial observations were that the stone and brick walls of the school were sound and that no mold was visible.  SSM could not provide a definitive answer on the water issue(s) and recommended a new roof be installed as soon as possible.  Mrs. Cohen will be sharing the report results with the PASD Building & Grounds Committee at the first opportunity.  Mrs. Cohen offered that the National Trust was being approached for possible funding for the restoration.
        • MS4 Requirements – Mr. John Sartor updated the Board on the Valley Creek Act 157 Study.  There is an aggressive deadline; the draft has been received and must be reviewed by April 23.  Comments will be assembled by Chester County and submitted to DEP by the end of June.  This county-wide study is important to the Township because Schuylkill Township may only have 1% of the watershed but is on the receiving end of everything upstream

          The Township Engineer has received the necessary information from the Township for the obligatory six (6) tasks under the MS4 Permit and the Annual Report will be submitted by the deadline of June 9.

      • Approval of Appointment to Historical Commission: 
        • The Township Manager presented the Board with the candidate recommended for appointment by the Historical Commission, Ms. Rebecca Sitarchuk of 213 Pondside Way.  Mrs. Bird added her recommendation that the Board approve the appointment.
        • Motion.    Mrs. Cohen moved that the Board accept the recommendation of the Historical Commission for the appointment of Ms. Rebecca Sitarchuk of 213 Pondside Way to the Commission.  Mr. Vutz seconded the motion.

          Motion Vote.  The motion passed 5-0-0.

      • A resident of The Meadows at Valley Forge was recognized by the Chair.  The resident thanked the Board for their continued support in the dispute with CitySwitch LLC.
    • Executive Session
      • Motion.    At 9:45 PM, a motion was made by Mr. Fred Parry to convene an executive session to discuss certain litigation and personnel issues.  Mr. Vutz seconded.
      • Motion Vote.  The motion passed 5-0-0.

      The public meeting reconvened at 10:10 PM.  Mr. Brennan reported that certain litigation issues had been discussed.

      • Motion.    Mr. Morrisson moved that the Board authorize the Township Solicitor to seek maximum fines against CitySwitch LLC and Norfolk Southern Rail Road according to the MPC including filing fees and other associated costs.  Mr. Vutz seconded.
      • Motion Vote.  The motion passed 5-0-0.
      • Motion.    Mr. Morrisson moved that the Board summarily reject the CitySwitch LLC settlement offer dated April 1, 2010.  Mr. Vutz seconded.
      • Motion Vote.  The motion passed 5-0-0.
    • Motion.    At 10:12 PM, Mr. Fred Parry moved to reconvene the executive session to discuss certain litigation and personnel issues.  Mr. Morrisson seconded.
    • Motion Vote.  The motion passed 5-0-0.

    The public meeting reconvened at 11:15 PM.  Mr. Brennan reported that certain litigation and personnel issues had been discussed.

    • Motion.    Mr. Parry moved to accept the Board of Auditors Report and Recommendations for 2009.  Mrs. Cohen seconded.
    • Motion Vote.  The motion passed 5-0-0.
    • Motion.    Mr. Morrisson moved that in response to the request made by Mr. Joseph Chupein, Esq. apparently on behalf of certain members of the Police Association, the Board of Supervisors of Schuylkill Township appoints Mr. Fred Parry, Township Supervisor and Board Liaison to the Police, as its designated investigator in accordance with the letters of January 8, 2010 and March 24, 2010 in connection with the Police Department Anti-Harassment Policy.  Mrs. Cohen seconded.
    • Motion Vote.  The motion passed 4-1-0, with Mrs. Williams dissenting.

ADJOURNMENT

At 11:20 PM, a motion was made by Mr. Morrisson to adjourn the meeting.  Mrs. Williams seconded the motion.  The motion passed 5-0-0

Next Board Meeting:  Wednesday, May 5, 2010 7:30 PM

Respectfully submitted,



Madeline M. Harbison
Township Secretary