MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: July 1, 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
Rick Beittel, Jr., Fire Chief; Nick Cinciripino, Roadmaster; Jim Fetterman, Chief of Police; Bob Mauch, Open Space Committee

John Sartor, Township Engineer, was excused as there were no agenda items requiring his input

CALL TO ORDER
The public meeting was called to order by Mr. Vutz at 7:35 PM

Pledge of Allegiance

ANNOUNCEMENTS:  
There were no announcements

PUBLIC PARTICIPATION:   
Mr. Peter Mercuri, President of the Pickering Glen Homeowners Association, requested the Board look into the perceived problem of excessive overgrowth on the property along the public trail on W. Pothouse & State Roads.  Mr. Vutz responded to Mr. Mercuri, saying the matter would be brought before the Code Enforcement Officer to see what, if any, action was warranted.  Mr. Mercuri then updated the Board regarding the on-going Pickering Glen Homeowners’ Association legal matters in the Pulte lawsuit.

Mr. Frank McMullen, 1308 Natalie Road, was recognized by the Chair.  Mr. McMullen addressed the Board with his concerns regarding an apparently abandoned house at 1312 Natalie Road.  Mr. McMullen presented his perceptions of health and welfare concerns because of the state of the property.  Mrs. Bird responded on behalf of the Board stating the Township was aware of this property and the Code Enforcement Officer was investigating the situation.  Mr. McMullen expressed his dissatisfaction and replied that in his opinion, the Township was not doing anything to rectify the problem.  Mrs. Bird went on to explain that while it may appear that nothing is being done, the Township’s due process was being followed to ensure that applicable ordinances and codes would be enforced and that Mr. McMullen was welcome to contact the Township office at any time to check on the status of the investigation.

Mr. Rick Fanucci, present on behalf of his son, Mr. Jonah Fanucci, 424 Valley Forge Road, was recognized by the Chair.  Mr. Fanucci’s statement regarding the dispute between Mr. Jonah Fanucci, owner of record of 424 Valley Forge Road, and the residents of 18 Kleyona Avenue over the use of a paper street was dismissed by the Board because of its vitriolic and abusive language.  The Board advised Mr. Fanucci that the roadway in question was not a Township road and therefore this was not a Township issue.

CONSENT AGENDA      

  • Approval of Minutes of June 3, 2009 Regular Board of Supervisors Meeting. 
  • Approval of Treasurer’s Report for Period Ending June 30, 2009
  • Approval of Payment of Township Bills for Period Ending June 30, 2009
  • Acceptance of Department, Committee, Commission and Council Reports as posted and received by the Board of Supervisors.

Motion:  Mrs. Cohen made a motion to approve the consent agenda.  Mr. Ledbetter seconded the motion. 

Motion Vote: The motion passed 5-0.

BOARD DISCUSSION ITEMS

  • Old Business
    • Paving of Graham Road: 
      • Mrs. Cohen called an executives session to order at 7:50 p.m., seconded by Mr. Morrisson.  Supervisors Cohen, Ledbetter, Morrisson, Vutz and Williams were present.  Also present were Township Manager, Mrs. Bird, and Township Solicitor, Mr. Brennan.  A discussion took place on legal matters regarding Graham Road.  Mr. Vutz moved to adjourn the meeting at 8:04 p.m., seconded by Mr. Ledbetter.  The public meeting was reconvened at 8:05 p.m.
      • Motion.  Mrs. Williams made a motion to pave Graham Road, presumed to be a public road; with estimated cost of paving to be about $26,000.00 and to accept the adjacent landowners’ offer to pay fifty percent (50%) of costs to pave Graham Road and to escrow said fifty percent (50%) of paving costs to the Township.   Mrs. Cohen seconded the motion. 
      • Motion Vote.  The motion did not pass 2-3, with Mr. Ledbetter, Mr. Morrisson and Mr. Vutz dissenting.
  • New Business
    • Insurance Firehouse Substation. 
      • Motion.  A motion was made by Mr. Vutz that, as the Township already provides insurance coverage for Fire Substation 68 at 300 W. Pothouse Road, the Board of Supervisors of Schuylkill Township no longer finds it necessary for the Valley Forge Volunteer Fire Company (VFVCO) to maintain in full force and effect an insurance policy to insure the structure of the Fire Substation 68 at 300 W. Pothouse Road.  The motion was seconded by Mr. Ledbetter. 
      • Motion Vote. The motion passed 5-0.
      • An amendment to the motion was made by Mr. Ledbetter that the VFVCO must continue to insure the contents of the substation.  The amended motion was seconded by Mr. Vutz.  
      • Motion Vote. The amended motion passed 5-0.
    • 225 Valley Park Road. 
      • Motion.  A motion was made by Mr. Ledbetter to grant conditional approval of the Historical Commission’s (HC) recommendations regarding proposed additions and renovations at 225 Valley Park Road as approved at the HC’s February 17, 2009 meeting and presented to the Board by the HC in a letter dated February 20, 2009.  The condition of the approval is that the HC review the proposed reconfiguration of the driveway at 225 Valley Park Road for consistency with their previous approval of February 17, 2009.  The motion was seconded by Mrs. Cohen. 
      • Motion Vote.  The motion passed 4-1 with Mrs. Williams dissenting.
    • Agreement between Schuylkill Township and Construction Methods & Coordination, Inc. d/b/a CMC Engineering for Construction Observation of the Safe Kids to School/YMCA Trail. 
      • Motion.  A motion was made by Mr. Ledbetter to execute Agreement No. 068253 for construction observation work and services to be performed on the PaDOT project S.R. 1036 Section SRD Operation Safe Kids for the amount of $40,174.70.  Mrs. Cohen seconded the motion. 
      • Motion Vote.  The motion passed 4-1 with Mrs. Williams dissenting.
    • YMCA – Requiring the YMCA to donate twenty-five thousand dollars ($25,000.00) in lieu of future improvements to the intersection of Pothouse Road and State Road superseded by PaDOT’s requirement of widening Pothouse Road in front of the YMCA property.  
      • Motion.  A motion was made by Mr. Ledbetter to release the YMCA at 400 E. Pothouse Road, Phoenixville PA  19460 from the condition of approval for subdivision to donate $25,000.00 as a fee in lieu of future improvements to the intersection of Pothouse Road and State Road as superseded by PaDOT’s requirement of widening Pothouse Road in front of the YMCA property.  The motion was seconded by Mrs. Williams. 
      • Mr. Ledbetter questioned the Township Solicitor on the process of the release; whether there had to be a complete re-approval of the YMCA subdivision.  Mr. Brennan responded that it could be handled between the solicitors for the Township and the YMCA and did not have to go through reapproval. 
      • Motion Vote:  The motion passed 5-0.
    • Waiver of Time Limits (Extensions) for Review of a Subdivision/Land Development Plan. 
      • Mr. Brennan explained that there were strict deadlines for a municipality’s approval or disapproval of development plans and if these deadlines were missed, it is considered “deemed approval.”
      • Many municipalities have incorporated a standard waiver of time limits agreement with the development filing package.  The waiver removes the municipality’s requirement to act on submitted development plans within ninety (90) days and the need to request extensions from the submitting party.
      • The waiver of time limits can be revoked by the submitting party by giving the Township forty-five (45) days prior notice of revocation.
      • Signing of the Waiver of Time Limits is strictly voluntary by the submitting party.  The Township cannot turn down the submittal of any developer based upon a refusal to sign the waiver.
      • Motion.  A motion was made by Mr. Ledbetter to accept the recommendation of the Township Manager and Township Solicitor for the inclusion of a Waiver of Time Limits in the Subdivision/ Land Development Plan filing package.  The motion was seconded by Mrs. Cohen.
      • Motion Vote.   The motion passed 5-0.
    • Tower One Cellular Tower Proposal.  Board Recommendation regarding proposal. 
      • Mr.  Morrisson noted that the Township municipal complex was largely deed-restricted which precluded any use other than passive recreation.
      • Mr. Ledbetter explained that a tower cannot be placed on any part of the Township parcel obtained with state, county or private grant monies.  Locating a communication tower on any part of the property not deed-restricted creates a problem with the Township’s fall-zone safety ordinances.
      • Mr. Ledbetter went on to say that he did not believe it would be possible to obtain relief from the deed-restrictions on the property obtained through grants nor was he in favor of even attempting to do so.
      • Mr. Ledbetter reminded the Board that the municipal complex was not zoned for the placement of communication towers.
      • Motion.  A motion was made by Mr. Ledbetter to decline this offer from Tower One Partners to locate a communications tower on Township property and to decline as well any and all future offers to locate communications towers on any Township property not zoned for such towers.  The motion was seconded by Mrs. Williams. 
      • Motion Vote.  The motion passed 5-0.
      • The Township Solicitor was instructed by the Board to draw up a statement which unequivocally summarizes the position that Schuylkill Township has no interest in locating a communications tower on Township property not zoned for such activities. 
    • Legal Matters Update
      • Mr. Brennan updated the Board on several on-going legal matters:
        • Pulte.  Matter is in Chester County court.  The current issue is whether the Township and Pickering Glen Homeowners’ Association cases will be consolidated; opposing counsel stating it is a hardship to retry what is essentially the same case with two separate parties.
        • Levin.  A court date has been set for late July; Mr. Brennan expects it will be moved to August.
        • City Switch.  City Switch is scheduled to appear before the Schuylkill Township Zoning Hearing Board on July 14, 2009 in its application for relief from the Schuylkill Township Enforcement Notice served on May 7, 2009.  Mr. Brennan requested that the Board take an official position to oppose the installation of the City Switch communications tower in the Norfolk Southern rail yard and to oppose the application by City Switch to the Zoning Hearing Board for relief of the Township Enforcement Notice. 
          • Motion.  A motion was made by Mr. Ledbetter to officially oppose the tower installation by City Switch and to oppose the application for relief from a Township Enforcement Notice made by City Switch to the Zoning Hearing Board scheduled for July 14, 2009.  The motion was seconded by Mr. Morrisson. 
          • Motion Vote.  The motion passed 5-0.
          • Mr. Vutz amended the motion authorizing Mr. Brennan as Township Solicitor to represent the Board of Supervisors at the July 14, 2009 Zoning Hearing Board.  The motion was seconded by Mr. Ledbetter.
          • Motion Vote.  The amended motion passed 5-0.
        • Higby.  Waiting for a decision from the Pennsylvania State Supreme Court on the allocatur petition submitted by the developer.
    • Venting of the Historic Schuylkill School.
      • Mrs. Cohen petitioned the Board, on behalf of the Historical Commission, to send a letter to the Phoenixville Area School Board (“PASD”) requesting that the Historic Schuylkill School be vented to prevent further structural damage due to accumulated moisture in the interior of the building.  Mrs. Cohen asked the Township Manager to check with the Historical Commission to get the exact wording of the request to be sent to the PASD.
      • Mr. Ledbetter suggested that prior to sending any correspondence, the Township Code Enforcement Officer review the implications of the potential damage to the structure, i.e., can it be construed as demolition by neglect.
      • Motion.  Mrs. Cohen made a motion to send a letter to the PASD requesting the venting of the Historic Schuylkill School conditional upon the results of the Township Code Enforcement Officer’s investigation of the situation with their appropriate personnel. 
      • Motion Vote.  The motion passed 4-1 with Mrs. Williams dissenting.
    • Revised Quote for Municipal Complex signage. 
      • Motion.  A motion was made by Mrs. Cohen to approve the bid of $3,856.00 submitted by Sign Source for the purchase and installation of signage for the Township municipal complex.  The motion was seconded by Mr. Vutz.
      • Mrs. Williams questioned whether competitive bids had been solicited.  Mrs. Bird, Township Manager, replied that bids had been received last year when the sign replacement project had been initiated and that all prices were higher than the current bid from Sign Source.  Mrs. Williams expressed her dissatisfaction with using bids from 2008 as comparisons with the current bid from Sign Source.
      • Motion Vote.  The motion did not pass 1-4 with Mr. Ledbetter, Mr. Morrisson, Mr. Vutz and Mrs. Williams dissenting.
      • The Township Manager was instructed by the Board to obtain current competitive bids for the municipal complex signage to present to the Board at the August meeting.
      • This item will be revisited at the August Board of Supervisors meeting.
    • Proposals for Phase I Environmental Site Assessment (“ESA”) for Purchase of Property. 
      • Mrs. Bird, Township Manager, requested that the Board approve one of the two proposals received for conducting a Phase I ESA for the purchase of a certain property.
      • Proposals were received from Gilmore & Associates ($2,000.00) and Evans Mill Environmental LLC ($2,290.00).
      • Motion.  A motion was made by Mr. Ledbetter to accept the proposal from Evans Mill Environmental LLC to conduct a Phase I ESA on a certain property in the Township for the purchase of the property by the Township.  The motion was seconded by Mr. Vutz.
      • Mrs. Williams questioned why Mr. Ledbetter would choose the more expensive proposal from Evans Mill Environmental.  Mr. Ledbetter responded that he felt, based on the proposals received, that the Township would receive a more comprehensive product from Evans Mill. 
      • Motion Vote.  The motion passed 5-0.
    • Purchase of Property. 
      • Mr. Brennan announced on the Board’s behalf the Township’s intention to purchase 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 recapped the purchase process to date and informed the public that a signed agreement of sale has been received by the Township.  Mr. Brennan went on to state that the required fifteen (15) day  public comment and response period has begun with the announcement of intent to purchase at the July 1, 2009 Board of Supervisors meeting.  All public comments must be submitted in writing to the Township Manager within the allotted response period.
      • Mr. Brennan explained to the Board that the Township Planning Commission must approve a modification to the Township Open Space Map and make a recommendation to the Board of Supervisors that Open Space funds be expended to acquire the named property prior to the public hearing on the purchase of the property.  Mr. Brennan noted that three (3) items need to be addressed at the public hearing on the purchase of the property:
        • The Board must approve a resolution to adopt the new Open Space Map as approved by the Planning Commission;
        • A Public Hearing on the purchase of the property must be conducted.
        • The Agreement of Sale must be approved and signed by the Board at the abovementioned Public Hearing
      • Mr. Brennan announced that a Public Hearing on the Township’s intention to purchase Tax Parcels No. 27-6-147 & 27-6-147.1 would be held on August 5, 2009 during the Regular Meeting of the Board of Supervisors of Schuylkill Township.
      • A discussion ensued among the Board members regarding a certain piece of pipe on the property to be purchased.  The pipe is part of an abandoned Sunoco transmission line.  Mr. Ledbetter mentioned that Phase I ESA’s have been conducted on both the adjacent north and south sides of the parcels to be purchased, and nothing environmentally detrimental has been uncovered.  Mrs. Williams questioned why the current landowner cannot be made to remove the pipe before the property changes hands.  Mr. Brennan responded that the offer has already been made and accepted.  Mrs. Williams stated she could not see why the issue of removing the pipe could not be raised with the current owners prior to closing of the sale.
      • Motion.  A motion was made by Mr. Vutz that the issue of removal of the abandoned Sunoco transmission pipe on Tax Parcel Nos. 27-6-147 & 27-6-147.1, currently under agreement of sale between Schuylkill Township and Mr. & Mrs. Don Pasquale, would not be raised with the current property owners by the Board of Supervisors or any member thereof.  The motion was seconded by Mrs. Cohen.
      • Motion Vote.  The motion passed 4-0-1, with Mrs. Williams abstaining.
      • Mr. Ledbetter reviewed some of the points of the sale and specifically mentioned that the seller would like to discuss with the Township naming rights for the property and plantings to be used on the property.  The seller would like the parcel to be named Valley Park with wording indicating that the property is dedicated to the memory of his parents.
      • Mrs. Williams suggested that the current property owner be approached regarding paying for any memorial signage as stated above.
      • Motion.  A motion was made by Mr. Vutz that the issue of payment for signage on Tax Parcel Nos. 27-6-147 & 27-6-147.1, currently under agreement of sale between Schuylkill Township and Mr. & Mrs. Don Pasquale,  would not be raised with the current property owners by the Board of Supervisors or any member thereof.  The motion was seconded by Mrs. Cohen.
      • Motion Vote.  The motion passed 4-0-1, with Mrs. Williams abstaining.
  • Resolutions/Ordinances
    • Resolution No. 2009-16:  Establishing Procedures and Guidelines for Reviewing Open Space Property Interest under the Open Space Act. 
      • The Board determined that the language in the Guidelines for Purchase of Property Interests with Township Open Space Funding incorporated as part of Resolution No. 2009-16 needs to be improved before the Resolution can be adopted.   The Board requested that the Township Solicitor work with the Open Space Commission to clarify the guidelines.
      • The adoption of Resolution No. 2009-16 was tabled until the August 5, 2009 Board of Supervisors’ meeting.
    • Resolution No. 2009-17:  Support of State Senate Bill 695 suspending “Prevailing Wage” requirements until June 1, 2012.
      • Motion.  A motion was made by Mr. Ledbetter to adopt Resolution No. 2009-17 supporting State Senate Bill 695 suspending “Prevailing Wage” Requirements until June 1, 2012.  The motion was seconded by Mr. Vutz.
      • Motion Vote.  The motion passed 5-0.
    • Ordinance No. 2009-05:  Revising the Police Officers Contribution Rate and Pension Service Increment for the Retiring Police Officers.
      • Motion.  A motion was made by Mr. Vutz to adopt Ordinance No. 2009-05 Revising the Police Officers Contribution Rate and Pension Service Increment for the Retiring Police Officers. The motion was seconded by Mrs. Cohen
      • Motion Vote.  The motion passed 5-0.
    • Resolution 2009-15:  Implementing the same Contribution Rate and Pension Service Increment for retiring Non-Uniform Employees.
      • Motion.  A motion was made by Mr. Ledbetter to adopt Resolution No. 2009-15 Implementing the same Contribution Rate and Pension Service Increment for retiring Non-Uniform Employees. The motion was seconded by Mrs. Cohen
      • Motion Vote.  The motion passed 5-0.
  • Subdivisions/Land Development
    • No agenda items. 
  • Additional Business
    • Mr. Bob Mauch, Chair of the Open Space Commission (“OSC”), was recognized by the Board and presented several items for consideration.
      • Appraisal of a certain at-risk property Parcel C.  Mr. Mauch noted that the Board had previously approved the expenditure of up to ten thousand dollars ($10,000.00) for the appraisal of this property; however, due to the complex requirements regarding this property, the appraisal has been proposed at twelve thousand dollars ($12,000.00).  The OSC feels this is a fair market value proposal and requests permission to spend the additional two thousand dollars ($2,000.00) for the appraisal of Parcel C.
        • Motion.  A motion was made by Mr. Vutz to approve the expenditure of an additional $2,000.00 of Open Space Funds to be added to the originally approved amount of $10,000.00 of Open Space Funds for a total not to exceed amount of $12,000.00 for the appraisal of Parcel C, said appraisal being conditional upon the property owners’ Board of Directors approval.  The motion was seconded by Mr. Vutz.
        • Motion Vote.  The motion passed 5-1 with Mrs. Williams dissenting.
      • Re-appraisal of a certain property Parcel D.  Mr. Mauch petitioned the Board for authorization to expend Open Space Funds for the reappraisal of Parcel D.  The reappraisal is necessary to take into consideration a conservation easement previously only on a portion of Parcel D which has been extended to the entire property.
        • Motion.  A motion was made by Mr. Ledbetter to approve the expenditure of Open Space Funds for the re-appraisal of Parcel D in an amount not to exceed five thousand dollars ($5,000.00).  The motion was seconded by Mrs. Cohen
        • Motion Vote.  The motion passed 5-0-1 with Mrs. Williams abstaining.
      • Reeves Property.  Mr. Mauch recapped for the Board the current situation on the Reeves property and noted that the OSC has been asked to evaluate the alternate plan G submitted by Pohlig Builders as part of the court-sanctioned negotiation between Pohlig Builders and Schuylkill Township.  Due to the complexities of the situation, the OSC will need to assemble a task force (which will be comprised of volunteers and consultants) before the OSC can assess the plan and render an opinion.   The OSC is therefore requesting approval to expend twenty thousand dollars ($20,000.00) of Open Space funds - five thousand dollars ($5,000.00) for consulting services and fifteen thousand dollars ($15,000.00) for appraisal services - for the purposes of evaluating the alternate plan G submitted by Pohlig Builders for the Reeves property development.
        • Mrs. Cohen stated to Mr. Mauch that while she understood the need to expend funds for independent appraisals, she was not clear on the need for outside paid consultants in this situation.
        • Mr. Ledbetter responded by noting that the complexity of this plan is such that the OSC is not sure what should be appraised and needs the input of consultants to ensure that the proper appraisal services are rendered and to advise on understanding grants available.
        • Motion.  Mr. Morrisson made a motion to approve the expenditure of five thousand dollars ($5,000.00) of Open Space Funds for consultants and fifteen thousand dollars ($15,000.00) of Open Space Funds for appraisals in order to review, assess and render an opinion on Pohlig Builders’ alternate plan G for the development of the Reeves property.  The motion was seconded by Mr. Ledbetter.
        • Mrs. Cohen stated her concern regarding timing on the assessment of Pohlig Builders’ plan and asked for an amendment to Mr. Morrisson’s motion to place the review process within a timeframe.   Mr. Brennan stated that if the Board approves the appraisal, the Chester County Court of Appeals will grant a 60 day extension. 
        • Mrs. Williams asked for an amendment to Mr. Morrisson’s motion that any appraisals done on the Reeves property be both with and without opening the cul-de-sac on East Philip Drive.
        • Motion Vote.  The motion passed 3-2, with Mrs. Cohen and Mrs. Williams dissenting.
        • Motion.  An amended motion was made by Mrs. Cohen to approve the expenditure of five thousand dollars ($5,000.00) of Open Space Funds for consultants and fifteen thousand dollars ($15,000.00) of Open Space Funds for appraisals in order to review, assess and render an opinion on Pohlig Builders’ alternate plan G for the development of the Reeves property with the caveat that review and assessment must take place within the sixty (60) day extension granted by the Chester County Court of Appeals and that any appraisals conducted must be both with and without the opening of the East Philip Drive cul-de-sac.  The motion was seconded by Mrs. Williams
        • Motion Vote.  The motion passed 4-1 with Mr. Vutz dissenting.
    • Assisted Listening Systems.  Mr. Morrisson informed the Township Manager that he had ordered a personal assisted listening system for evaluation of its use in public Township meetings.
    • Valley Forge Volunteer Fire Company (VFVFC).  Mr. Morrisson made a motion to request that the VFVFC be required to submit to the Board of Supervisors a monthly statement or treasurer’s report in which the monthly contribution made by Schuylkill Township to the VFVFC is broken out by expense item.  The motion was not seconded.

ADJOURNMENT
At 9:55 PM, a motion was made by Mr. Vutz to adjourn the meeting.  Mrs. Williams seconded the motion.  The motion passed 5-0.

Next Board Meeting:  August 5, 2009 7:30 PM

Respectfully submitted,

 

Madeline M. Harbison
Township Secretary