MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: August 5, 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; Ken Kissler, President Valley Forge Volunteer Fire Co.; Bob Mauch, Open Space Committee

CALL TO ORDER

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

Pledge of Allegiance

ANNOUNCEMENTS:  

There were no announcements.

PUBLIC PARTICIPATION:   

  • Mr. Peter Mercuri, President-Pickering Glen Homeowners Association (HOA), requested the Board address the issue of soliciting in Schuylkill Township; specifically, the increased number of aggressive solicitors reported by residents of Pickering Glen to the HOA.  Mr. Mercuri requested that as a first step “No Soliciting” signs be installed in the Pickering Glen development.  Mrs. Bird, Township Manager, responded that there is a soliciting ordinance in place in the Township, registration and some background checks were done by the Schuylkill Township Police Department, but the Township’s understanding is that under the First Amendment, soliciting could not be banned outright.  Mr. Brennan, Township Solicitor, will do some research into what, if any, restrictions may legally be placed upon soliciting and review his findings with the Chief of Police.  Mr. Morrisson stated he will add solicitation practice restrictions to his ordinance review project as well.  Mr. Mercuri asked if the Pickering Glen HOA could install its own “No Soliciting” signs at the development’s entrance.  Mr. Brennan informed Mr. Mercuri that the sign could be posted on private property but there could be no enforcement action taken by any Township entities to restrict ordinary solicitation activity in Pickering Glen.
    • Motion.    Mrs. Williams made a motion to allow the Pickering Glen HOA to place a “No Soliciting” sign at the entrance to the Pickering Glen development provided said sign did not violate any Township ordinances and with the understanding that placement of the sign did not in any way represent Township policies on restriction of solicitation practices in place at this time.  The motion was seconded by Mrs. Cohen.
    • Motion Vote.  The motion passed  5-0-0.
  • Mr. Ken Kissler, President of the Valley Forge Volunteer Fire Company (VFVFC) presented the Board with an overview of the financial oversight process of VFVFC including the audit process and adherence to generally accepted accounting principles.   The Board thanked both Mr. Kissler and Mr. Beittel for the information and expressed their gratitude for the dedication and extreme professionalism of all members of the VFVFC.
    • Motion.    Mr. Ledbetter made a motion that the issue of Township auditors auditing the VFVFC’s books be considered closed.  Mrs. Cohen seconded the motion.
    • Motion Vote.  The motion passed  5-0-0.

CONSENT AGENDA      

  • Minutes of July 1, 2009 Regular Board of Supervisors Meeting. 
  • Treasurer’s Report for Period Ending July 31, 2009
  • Payment of Township Bills for Period Ending July 31, 2009
  • Acceptance of Department, Committee, Commission and Council Reports as posted and received by the Board of Supervisors.

    Motion to approve Consent Agenda:  Mr. Ledbetter made a motion to approve the Consent Agenda.  The motion was seconded by Mrs. Cohen
    Motion Vote: The motion passed  5-0-0.

  • Mr. Fred Honigman, Chair of the Emergency Management, gave a brief report on the recent DVRPC Rte. 422 transit field trip and meeting.  A discussion ensued on various aspects of transit oriented development and the feasibility of such plans.

BOARD DISCUSSION ITEMS

  • Old Business
    • Paving of Graham Road: 
      • Mr. Michael DiPaolo, 120 Graham Road and representing the residents of Graham Road, was recognized by the Chair.  Mr. DiPaolo presented to the Board the reasons behind the Graham Road residents’ decision to privately contract with Mr. Harris of HPI Paving for the resurfacing of Graham Road.  Mr. DiPaolo stated that although Graham Road is a Township road, the residents did not want to wait any longer to have the road repaved and decided to arrange and pay for the job without Township involvement.  Mr. DiPaolo went to say that the residents felt confident that the job was done well by a certified paving company; the work is guaranteed and the resurfacing should last ten years.  Mr. DiPaolo went on to say the residents of Graham Road felt the private paving should not preclude the Township’s continued maintenance of the road, especially as the Township receives Liquid Fuels monies from PaDOT for that purpose.  Mrs. Bird, Township Manager, corrected Mr. DiPaolo, stating that the Township does not and has not received Liquid Fuels monies for Graham Road because Graham Road does not meet PaDOT specifications.  Mr. DiPaolo responded saying he was sure that the Township had received these monies in the past.  Mrs. Bird said she would investigate the matter but that she knew for a fact that no monies had been received from the state for the last ten years.
  • New Business
    • Police & Non-Uniform Pension Plans – Decision by Board regarding Investment Firms: 
      • Mrs. Bird recapped for the Board the Pension Committee’s research into investment firms to handle the Township pension funds.  Mrs. Bird stated that the search for a new firm was initiated because of issues with the level of service being received by the Township after the Morgan Stanley/Smith Barney merger combined with the level of loss sustained by the pension funds over the past 18 months and the Township’s need to maintain actuarial solvency. 
      • Mrs. Bird summarized the information provided to the Board in the Overview of Investment Firms Interviewed write-up.  She reported that the Pension Committee and Tom Anderson, the Township’s pension specialist, felt that InR, W. State Street, Media, PA was the best choice for handling the Township Police & Non-Uniform Pension funds because of their experience with government pensions, municipal obligations thereof and state requirements.
      • Mrs. Williams commended Mrs. Bird and the Pension Committee members on the extensive effort made to procure the best possible fiscal management for the pension funds of the Township.
      • Motion.    Mr. Ledbetter made a motion to accept the Pension Committee’s recommendation to appoint InR of Media, PA as the Township’s investment agent for Police and Non-Uniform Pension Funds and to authorize the Township Manager to immediately take the necessary steps to transition the Police and Non-Uniform Pension Funds from Morgan Stanley to InR  of Media, PA.  The motion was seconded by Mrs. Cohen.
      • Motion Vote.  The motion passed  5-0-0.
    • Approve Memorandum of Understanding (MOU) with the TRF Sustainable Development Fund for Installation of Solar Panels on the Township building: 
      • Mr. Brennan informed the Board that there were issues with some of the language in the MOU dealing with Township liability and costs.  Mr. Brennan suggested that the pertinent paragraphs be rewritten to protect the Township’s interests and resubmitted to TRF Sustainable Development.
      • Motion.    Mr. Ledbetter made a motion to conditionally accept the MOU provided that the paragraphs at issue in the TRF Sustainable Development MOU were rewritten by the Township Solicitor to protect the Township’s interests and were accepted as rewritten by TRF Sustainable Development.  The motion was seconded by Mrs. Cohen.
      • Motion Vote.  The motion passed  5-0-0.
    • Appointment of 2 new members to the Historical Commission – Ginny Stearly and David Keifer – per recommendation of the Historical Commission: 
      • Motion.    Mrs. Cohen moved to accept the recommendation of the Historical Commission for the appointment of 2 new members, Ginny Stearly and David Keifer, to serve a 3-year term expiring December 31, 2011.  The motion was seconded by Mr. Ledbetter.
      • Motion Vote.  The motion passed  5-0-0.
    • Legal Matters: 
      • Mr. Brennan reported briefly on certain legal matters within the Township:
        • Pulte – The Township received a summary judgment in this case.  The Township has 30 days to respond.
        • Levin – on the Chester County Court trial docket for September
        • City Switch – City Switch, LLC appeared before the Zoning Hearing Board on July 14, 2009.  The major issue raised by City Switch on the application for relief from the Township Enforcement Notice was that the wrong tax parcel number was cited in the Notice.  The subject tax parcel number on the Enforcement Notice is the same as that on all applications and paperwork submitted by City Switch to the Township.  The court case has been remanded to the Chester County Court and the Township Solicitor has filed a motion to reflect the tax parcel number on which the communication tower has already been erected.
        • Higby – Mr. Brennan had no updates for the public meeting.
    • Motion to censure Supervisor Morrisson for publicly moving to have the elected Township auditors audit the books of the VFVF Company
    • Motion to censure Supervisor Williams, Roads Liaison, for directing the Roadmaster to inspect the recent unauthorized Graham Road paving and to receive paperwork on said paving: 
      • Motion.    Mrs. Williams made a motion to dismiss both censure motions.  The motion was seconded by Mr. Morrisson.
      • Motion Vote.  The motion passed  2-1-2, with Mr. Vutz dissenting, and Mrs. Cohen and Mr. Ledbetter abstaining.
  • Resolutions/Ordinances
    • Resolution No. 2009 -16.  Establishing Procedures and Guidelines for reviewing Open Space Property Interest under the Open Space Act. 
      • Motion.    Mr. Ledbetter moved to approve Resolution No. 2009-16 Establishing Procedures and Guidelines for reviewing Open Space Property Interest under the Open Space Act.  The motion was seconded by Mrs. Williams. 
      • Motion Vote.  The motion passed  4-0-0. Mrs. Cohen was not present for this vote.
  • Public Hearing for Purchase of Open Space
    • On behalf of the Board, Mr. Brennan, Township Solicitor, opened the public hearing for purchase of Tax Parcel Nos. 27-6-147 & 27-6-147.1, located on Valley Park Road and owned by Mr. & Mrs. Don Pasquale.  The parcels comprise 15.75 acres opposite Waverly Circle.  Mr. Brennan reviewed the events leading up to the proposed purchase and informed the public that notice of public hearing for this purchase had been given at the July 1, 2009 Board of Supervisors meeting and that an agreement of sale for the aforementioned property was in hand with a purchase price of $685,000 for Tax Parcel Nos. 27-6-147 & 27-6-147.1 (15.75 acres).   Mr. Brennan stated this was a fee-simple purchase and that public funds were being used.  Mr. Brennan then requested Mr. Mauch, Chair of the Township Open Space Commission, to explain the proposed open space benefits of these parcels.
    • Mr. Mauch opened his remarks with the information that these parcels were ranked in the Township’s top twenty most desirable open space properties based on criteria drawn up in 2007.  Maintaining these parcels as open space will have an extremely positive impact on the area’s quality of life and environment including, but not limited to, the watershed which directly affects the quality of our drinking water, extending the greenspace, wildlife corridor and trailways (the parcels are contiguous to the Fernleigh development open space).  Additionally, these parcels encompass a pond/wetlands which the Township has committed to restoring. 
    • Mr.Mauch added that these parcels are so desirable as open space that Chester County has committed $150,000.00 towards the purchase price.
    • Mr. Ledbetter added that a fee-simple purchase now qualifies the Township for grant applications for projects such as the remedial wetlands.
    • A resident questioned whether the Township had tried to negotiate a lower purchase price and if there were any issues which would make this property undesirable as open space.  Mr. Mauch responded that the price was based upon the appraisals (averaged at $685,000) and fair market value.   Mr. Ledbetter added that a Phase I Environmental Study would be done no later than August 15, 2009 and that any material issues found could terminate the agreement of sale.
      • Motion.    Mr. Ledbetter moved to close the Public Hearing for Purchase of Open Space.  Mr. Vutz seconded the motion.  . 
      • Motion Vote.  The motion passed  5-0-0.
  • Resolution No. 2009-19:  Resolution of the Board of Supervisors Adopting An Amendment to the Open Space, Recreation and Environmental Resource Plan Dated December 2, 1992.  
    • Motion.    A motion was made by Mr. Ledbetter to approve Resolution No. 2009-19:  Resolution of the Board of Supervisors Adopting An Amendment to the Open Space, Recreation and Environmental Resource Plan Dated December 2, 1992.  Mr. Vutz seconded the motion
    • Motion Vote.  The motion passed 3-1-0, with Mrs. Williams dissenting.  Mrs. Cohen was not present for this vote.
  • Resolution No. 2009-20.  Resolution of the Board of Supervisors to Approve Acquisition of the Pasquale Parcels
    • Motion.    Mr. Ledbetter made a motion to approve Resolution No. 2009-20.  Resolution of the Board of Supervisors to Approve Acquisition of the Pasquale Parcels (Parcel IDs 27-6-147 & 27-6-147.1).  The motion was seconded by Mrs. Cohen.
    • Motion Vote.  The motion passed  4-1-0, with Mrs. Williams dissenting.
  • Resolution No. 2009-21.  Resolution of the Board of Supervisors to Reimburse Original Expenditures for the Project to be paid by the Township from General Funds of the Township with the proceeds of the Tax-exempt Obligations.
    • Motion.    Mr. Ledbetter moved to approve Resolution No. 2009-21.  Resolution of the Board of Supervisors to Reimburse Original Expenditures for the Project to be paid by the Township from General Funds of the Township with the proceeds of the Tax-exempt Obligations.  Mrs. Cohen seconded the motion.
    • Motion Vote.  The motion passed  4-1-0, with Mrs. Williams dissenting.
  • Resolution No. 2009-18.  Authorizing the Township to Become a Permanent Associate Member of the Central Westmoreland Council of Governments (COG).
    • Motion.    Mr. Ledbetter moved to approve Resolution No. 2009-18.  Authorizing the Township to Become a Permanent Associate Member of the Central Westmoreland Council of Governments (COG).  Mrs. Cohen seconded the motion.
    • Motion Vote.  The motion passed  4-1-0, with Mrs. Williams dissenting.
  • Subdivisions/Land Development
    • Miller Subdivision: should improvements be shown on the newly created lot (Lot 1) of the 2-lot subdivision 
      • Dr. Charles Miller, 50 Diamond Rock Road, with Mr. Bill Conver of Conver & Smith Engineering, Royersford petitioned the Board for permission to defer SALDO requirements until such time as development occurs and building permits applications are submitted.
      • Discussion ensued regarding the implications of this request; various ways it might be granted without detriment to the Township and SALDO.  No action was taken by the Board on this request; Dr. Miller was instructed to go through the next Planning Commission cycle, the Board would receive the engineer’s report and Planning Commission recommendations and proceed from that point.
      • Mrs. Williams requested of Mr. Conver and Dr. Miller that special attention be paid to the need for driveway easements for that portion of the existing driveway which will be shared by both lots.
  • Additional Business
    • Pickering Glen Homeowners Association Matters: 
      • Mr. Peter Mercuri, President – Pickering Glen Homeowners Association (HOA), updated the Board regarding the on-going legal case between Pickering Glen HOA and the Pulte developers.

    9:30 PM – Mrs. Williams left the Board meeting.

    • Board Policy.  Should one person sit on two committees: 
      • Mrs. Cohen suggested the following:  If a commission, committee or council has a full complement  of members with a seat filled by a volunteer serving on two commissions, committees or councils simultaneously and a new volunteer expresses a wish to serve, the chair should request that the dual-serving member consider vacating his/her seat.
      • The consensus of the Board was that each committee/commission/council chair should oversee participation on more than one Township committee/commission/council. .
    • Board Policy.  Should Commission members directly contact the Township Solicitor: 
      • The consensus of the Board was that a policy is already in place that all correspondence and communication with the Township Solicitor should be channeled through the Township Manager and, except in rare and unusual circumstances, the Township Solicitor should not accept communications from other Township entities or persons but should redirect those entities or persons to the Township Manager.
  • An Executive Session was called at 9:57 PM. 
    • Supervisors Cohen, Ledbetter, Morrisson and Vutz; the Township Manager, the Township Solicitor and Mr. Mauch, Chair of the Township Open Space Commission, participated.
    • The public portion of the meeting was reconvened at 10:40 PM
    • Mr. Vutz reported that Open Space legal matters had been discussed.

    ADJOURNMENT

    At 10:45 PM, a motion was made by Mr. Vutz to adjourn the meeting.  Mr. Ledbetter seconded the motion.  The motion passed  4-0-0.  Mrs. Williams was not present for this vote.

    Next Board Meeting:  September 2, 2009 7:30 PM

    Respectfully submitted,

     

    Madeline M. Harbison
    Township Secretary