SCHUYLKILL TOWNSHIP
BOARD OF SUPERVISORS
MEETING DATE: February 6, 2008

Township Manager – posted.

Police – posted

Roads – posted.

Fire – posted. Mr. Chris Shepsko was the Valley Forge Volunteer Fire Company Fire Fighter of the Month.

Township Administration – Draft Minutes - Mrs. Williams stated that only board approved minutes should be placed on the website. She did request that minutes after approved be placed on the website as quickly as possible.  Mrs. Williams questioned if it was appropriate for the Township Manager to be present during executive session meetings. Mr. Sugarman stated that it is up to the Board as to the Township Manager’s attendance during an executive session and as general policy it is entirely proper.

Zoning Administration – posted.

Zoning Hearing Board - Reeves property - hearing on February 13 at 7:00 p.m. at the VFVF Co. Brackman Property – hearing on February 13 at 7:00 p.m. Mr. Sartor stated that the Brackman’s attorney Mr. Butera contacted him regarding the T1 and T2 character zones as outlined in the updated comprehensive plan and asked if Mr. Sartor could testify on the matter. The property is in the T1 zone. Mr. Morrisson questioned if every property located in the T1 zone in the FR District cannot be developed. Mr. Sartor stated that the Brackman’s and their consultants have known since day one that they needed relief. Mr. Sartor questioned if he as Township Engineer should testify on behalf of the applicant. Mr. Sugarman advised that should the Zoning Hearing Board subpoena him he should attend. Mr. Morrisson questioned that in updating the Comprehensive Plan did the Board do something that has unintended consequences. Mrs. Cohen stated that Mr. Sartor should attend the hearing to respond to questions. Mrs. Williams stated that the Township should stick to the ordinances. Mrs. Cohen made a motion to instruct Mr. Sartor to attend the Brackman zoning hearing and to present objective information to the Zoning Hearing Board. The motion did not carry. Mrs. Williams stated that she values the viewshed and the property could be in a position to be considered by the Township as a candidate for open space. She advised that giving relief could open the floodgate to more development and spot zoning.  Mr. Vutz stated that the consensus of the Board was to grant relief of the Brackmans and the answer to the Brackman’s attorney was that the Township Engineer would not be present at the ZHB hearing at the attorney’s request. EDC Property, Township Line Road – hearing on February 18 at 7:30 p.m.

Code Enforcement – posted. The report contained the site inspection as requested by the Board of 630 Valley Forge Road to inspect the property to determine if stormwater management was going to be required for the 700 square foot addition to the existing structure. It has been determined that stormwater management is not necessary.

Historical Commission – posted. Mrs. Williams stated that flexibility should be added to the Historical Ordinance. Mrs. Momyer stated that an ordinance amendment is in progress. Mr. Morrisson questioned if the Historical Commission was staying with its original recommendation with regard to the Reeves property. Mrs. Momyer stated that the commission has held to its recommendations. Mrs. Momyer stated that the commission continues to work on a priority list of historic properties. Mrs. Williams questioned why structures such as the building adjacent to the Royal Bank should be saved. Mrs. Cohen stated that the Township has an extraordinary number of buildings that should be saved and the Royal Bank building is one of them. Mr. Vutz stated that the Township is in the middle of a litigation process to save the building. Mrs. Williams stated that she is asking that cost be minimized and that she is open to hearing more about why the Township wants to save it. Mrs. Cohen stated that the Historical Commission should not be put in a defensive position. She advised that the Township values its historic resources and it is the property owners that should prove why it should not be saved.

EAC – On motion by Mrs. Cohen, seconded by Mrs. Williams, and passed, the Board will send a letter to PaDEP in support of the Pickering Creek Watershed being re-designated from a high quality to an exceptional value area. Trees – Mr. Sugarman requested the Pickering Glen HOA Declaration of Covenant and Restrictions document to review with regard to placement of trees by the Township in the trail easement area.

Open Space Commission – There was a brief executive session before the Board of Supervisors meeting this evening with the Board of Supervisors, Township Manager and two members of the Open Space Commission in attendance. The purpose of the executive session was to discuss land acquisition with regard to two specific properties. Mr. Morrisson stated that the commission is getting down to the “nitty-gritty” of two possible properties. He advised that once there is an agreement with the landowners, public hearings about the specific properties will be held.

Deer Management – Mr. Morrisson stated that there was a record harvest reported by Whitetail Deer Associates. Eighty-eight deer were harvested, 81 antler-less and 7 antlered. He advised that in the past 15 years Whitetail Deer Associates have harvested 1,084 deer with a high percentage being female. Mr. Morrisson suggested revisiting the start up of a small committee to approach property owners about using their properties to hunt on.

Emergency Management – Mr. Honigman stated that Comcast has been contacted and they will be installing internet service to the EOC at no charge. He advised that improved internet service is essential in communication with the county. Mr. Honigman reported that a weather information station is being made available to the EOC from Chester County through funding under Act 31, The Radiological Resources Act, that could help for example in making decisions about evacuation in the case of a release from the Limerick Generating Station. Mr. Beittel stated that the National Incident Management System (NIMS) was adopted by the Township two years ago. He recommended that the Board of Supervisors take the NIMS courses to keep the Township in compliance. He advised that the courses can be taken online.

Regional Planning/Traffic – Regional Planning - Mrs. Cohen stated that Mr. Richard Kirkner, Borough of Phoenixville Councilman, was appointed to the Regional Planning group. Mr. Ciruelos, a Borough councilman, recently stepped down from the Regional Planning group. Closed Loop – Mrs. Cohen stated that the project began on January 28. She stated that the project may be tied into the reconstruction of the Gay Street bridge. Greater Valley Forge Transportation Management Authority (GVFTMA) – Mrs. Cohen stated that the GVFTMA is a good advocacy organization and she recommended that the Township join the group at a $1,600 membership fee. Mr. Vutz stated that when Mr. Ryan, a former supervisor, attended for the Township he paid no membership fee. Mrs. Cohen stated that the Township needs to pay its dues to be a player and it may give the Township leverage in transportation and traffic matters. On motion by Mrs. Cohen, seconded by Mrs. Williams, and passed with Mr. Vutz dissenting, the Board approved the expenditure of $1,600 to the GVFTMA.

Solicitor – Potters Pond – Mr. Sugarman stated that he is not sure what the status is between the developer and Yerkes Associates. Fire Suppression – nothing to report. Royal Bank – an appeal has been filed to the State Supreme Court.  Mrs. Williams stated that the Township has lost two appeals and that she is against litigating the matter any further. Mr. Sugarman stated that the Township is catching up in areas of enforcement of its historical ordinance. Mrs. Williams stated that the Township is at risk to pay the other sides legal fees if the Royal Bank case and the Fire Suppression case would be considered nuisance cases. Mr. Sugarman advised that both those cases would have to be considered frivolous and he does not see that in either case. Mrs. Williams stated that the Township should do a cost benefit analysis before it litigates. 

Pickering Glen – Mr. Sugarman stated that the case is ongoing at the Court of Common Pleas. Mrs. Williams stated that the Pickering Glen HOA should be a party to the case with their own attorney. Mr. Sugarman stated that the Pickering Glen HOA is assisting the Township. Mrs. Williams stated that she is in favor of the developer installing the improvements such as the trail in the development properly.  Horseshoe Pointe – Mr. Sugarman stated that the fire company will assist if needed with the watering of the mulching and seeding in the spring of a berm along the backyard of Lot #7 to finish the stormwater management fix for the development. Mr. Morrisson questioned why the fire company needed to use water from Aqua Pa instead of pumping it from natural source. Mr. Colket, a member of the fire company, stated that since the tanker trucks are used to fill residential pools at a cost to the resident, only chlorinated water goes into the trucks. On motion by Mr. Vutz, seconded by Mrs. Cohen and passed, with Mr. Morrisson dissenting, the Township will pay the VFVF Co. for any expenses incurred with the watering of the berm area to fix the stormwater management problem. Levin property – Mr. Sugarman stated that the Judge sustained the complaint and the Township will prevail in getting the deed restriction language in the deed.

Anderson Farm – Mr. Sugarman will draft a deed of dedication for the end walls to the road culverts on Anderson Farm Road and Schofield Road.

Pitter Patter (Kiddie Academy) Daycare – Mr. Sartor stated that Gilmore & Associates had reviewed documentation and drop-off and pickup counts from another Kiddie Academy daycare located in Collegeville of  similar size and surrounding uses as the daycare proposed off of Township Line Road, Lot #1 of the French Creek Business Park. He stated that he did not see a stacking or queuing problem with drop-offs and pick-ups and vehicle counts were under the threshold needed for a Traffic Impact Study. Mr. Sartor recommended that the Board accept the studies. Mr. Sartor stated that plan corrections have been made but the corrected plan has not been submitted for review of those corrections. Mr. Griggs representing Pitter Patter stated that the Chester County Conservation District letter is also forthcoming.  On motion by Mrs. Cohen, seconded by Mr. Vutz, and passed, the Board of Supervisors granted preliminary/final approval to the Pitter Patter Daycare Center conditioned on the plan entitled Proposed Daycare Center Lot 1 French Creek Business Park be submitted for review of the corrections made to the plan, all issues in the December 20, 2007 Gilmore & Associates review letter being addressed, receipt of all outstanding documents including the Chester County Conservation District, review and approval by the Township Solicitor of the Land Development and Escrow Agreements, a letter of clarification and explanation being submitted to the Township regarding why grading within 5’ of a property line is needed and  the granting of the following four waivers: 1)Article V. Section 508.B.2 – to permit placement of the paved driveway partially within the existing sanitary sewer easement; 2) Article V. Section 503.K & 503.O – to allow 9’ x 18’ parking stalls instead of 10’ x 20’ minimum required; 3) Article IV, Section 401.C.2.a & 401.C.16.d.(1) – from showing existing features within 400’ of the site and 4) Article V Section 518.D.3 – to permit grading within 5’ from the tract boundary line.

Eastern Die Cutting (EDC) Property – Ms. Kristen Camp representing Mr. Reynolds owner of the property located at 1020 Township Line Road stated that the Mr. Reynolds will be seeking zoning relief due to his building being non-conforming and the proposal to build a 18,725 square foot addition. She stated that the proposed addition will maintain the existing non-conformity and not extend any further into the setback area. Ms. Camp advised that the variances and special exception sought by the property owner would be a benefit to the property. Ms. Camp stated that the first hurdle is zoning relief and the second hurdle would be conditional use approval for disturbance of a steep slope area a majority of which is manmade. Mrs. Cohen stated that she would like the property owner to incorporate green elements into the building and land development design including using a water absorbent material of the parking area instead of macadam. Mr. Vutz stated that the plan as shown for discussion this evening made sense.

Reeves Property – On motion by Mrs. Cohen, seconded by Mr. Morrisson, and passed the Board approved a letter of extension for review of the preliminary subdivision plan for the Reeves property to March 7, 2008. Mr. Sartor stated that his firm has completed its review of the ALTA survey provided by Pohlig builders and that they are ready to unfold their conclusions with the developer’s engineer.

Fernleigh Stop Sign – Mrs. Cohen stated that she spoke to Mr. Marshall regarding Fernleigh’s request for a stop sign at Woodmere Drive and Springview Lane. She advised that she has also travels down Springview and it is hard to slow down since Springview is downhill to Woodmere. Mrs. Cohen advised that what the homeowners are requesting is suitable and the Board should respect the Fernleigh homeowners’ request. Mr. Marshall, the homeowner association president, stated that it was a safety issue. Mrs. Cohen stated that the grade and length of the road making a stop sign a reasonable request and the most logical solution. Mr. Marshall also requested that stop bars be painted on the roads as well. The Township Manager advised the Board that at the November 2007 Board meeting this issue was not approved.  On motion by Mrs. Cohen, seconded by Mrs. Williams and passed with Mr. Vutz dissenting, stop signs were approved for the intersection of Woodmere Drive and Springview Lane. An ordinance will be drafted and advertised.

Trail Feasibility Study – Mrs. Cohen stated that she is working with Gilmore & Associates to develop a feasibility study for a trail that would link Schuylkill Township to the Schuylkill River Trail. She advised that she has already spoken with two supervisors in Tredyffrin Township and they are willing to work in partnership with her on the trail. Mrs. Cohen advised that the Township could also work with the Fernleigh/Valley Forge Woods homeowners associations to use their trail as a link. Mr. Marshall stated that they are willing to talk about the issue. Mrs. Cohen stated that the trail could tie together historic and active recreation and will follow the route of the old Toonerville Trolley. Mr. Sartor advised that the feasibility study flushes out constraints and tries to maximize the trail’s effectiveness. Mr. Michael Berish, a Rossiter Avenue resident, stated that the trail shown on the plan runs right through one of the worst traffic areas in the Township at Creek, South White Horse and Valley Park Roads.

Schuylkill School Term Sheet – Mrs. Cohen stated that she has circulated a draft of the revised term sheet to the Schuylkill Township Board members and the PASD and she has not had any feedback from the school district. Mrs. Cohen stated that the Township would be actively seeking grants for the school. Mr. Berish questioned putting students in an unsafe building. Mrs. Cohen advised that ultimately the building will be clean and safe. Mrs. Williams stated that the Township will be looking for viable uses with private funds and grants. Mrs. Cohen stated that she does not want to totally negate taxpayers’ money.  Mr. Vutz questioned if it was legal for the current Board to obligate a future Board with the term sheet whether it is to move ahead with the project or to allow the school district per the term sheet to demolish the school. Mr. Sugarman stated that the legality would have to be decided by a court. Ms. Williams stated that she does not support the project at taxpayers’ expense but does support it through private funding and grants. Mrs. Cohen stated that there may be a need for matching funds from the Township. On motion by Mrs. Williams, seconded by Mrs. Cohen and passed with Mr. Vutz dissenting, the Board approved the term sheet as revised by Mrs. Cohen and dated February 6, 2008.
PASD/YMCA Walking Path Engineering RFP – On motion by Ms. Cohen, seconded by Mr. Vutz, and passed, with Mrs. Williams dissenting, the Board approved the advertising of the Request for Proposal for construction management, inspection and documentation for the Operation Safe Kids walking path from the Phoenixville Area middle/high complex to the Phoenixville Area YMCA.

Stormwater Management Amendment – under review by the Chester County Planning Commission.

EPA Stormwater Webcast Series – as part of the NPDES Phase II educational component the EPA is offering “webinars” on various stormwater issues. Several of the web broadcasts are suitable for students.  Mr. Sartor stated that Gilmore & Associates has participated in the EPA webinar on BMP Performance. The Township Manager will also send the information to the environmental sciences teacher at the Phoenixville Area High School.