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, Jim Fetterman-Chief of Police, Ian Plant-Environmental Advisory Council, Galloway Morris-Zoning Hearing Board, Madeline Harbison-Township Secretary
CALL TO ORDER
The public meeting was called to order by Barbara Cohen at 7:30 PM
Pledge of Allegiance
ANNOUNCEMENTS :
US 422 Master Plan Presentation: Natasha Manbeck, Chester County Planning Commission, and Jerry Coyne, Delaware Valley Regional Planning Committee, gave a brief overview of the US 422 Corridor Master Plan. Ms. Manbeck stated that Schuylkill Township is one of twenty-four municipalities within the study area. She outlined how Schuylkill Township is affected by the rapid growth around the Rt.422 corridor even though the highway is not directly within the township. Ms. Manbeck went on to explain how the study reviewed land development and traffic trends under present growth patterns, mainly low density residential development, and under sustainable alternatives consistent with Chester County’s Landscapes2 development plan. The sustainable alternatives option helps to preserve open space and provides other transportation choices.
The study documents and the Master Plan are available to the public on the website, www.422corridor.com. Public comment on the plan is being sought through August 31, 2010. Township residents are invited to voice their opinions by visiting www.422corridor.com or by contacting Ms. Manbeck, nmanbeck@chesco.org or Mr. Coyne at jcoyne@dvrpc.org .
PUBLIC PARTICIPATION :
Brian Quigg, Schuylkill Township – Bow Hunting in Valley Park: Mr. Quigg was present to petition the Board for permission to hunt deer in Valley Park, the former Pasquale property. Mr. Quigg stated that he and the two to three other residents in his group are prepared to offer the same assurances other approved hunting parties have provided. Mr. Morrisson responded to Mr. Quigg, stating that township property is open to all hunting groups for bow hunting only provided they meet the strictures set up by the township which are: some form of proof of qualifications, i.e., number of years’ experience, number of deer taken, their philosophy of hunting. As well, all applicants must provide identification, proof of a current hunting license, proof of liability insurance, and permission to perform a background check. Mr. Quigg said that his group was prepared to submit all required information. Mr. Parry recommended that before the township moves on this, Mr. Morrisson should contact the PA Game Commission on what requirements are needed and then draw up guidelines for use by the township.
Motion. Mrs. Cohen moved to allow Mr. Brian Quigg, Mr. Morris Quigg and two additional individuals (to be identified at a later date) bow hunting for deer privileges provided all required documentation is submitted and other requirements of the township are met. Mrs. Williams seconded.
Motion. Mrs. Cohen amended her motion and moved to allow Mr. Brian Quigg, Mr. Morris Quigg and two additional individuals (to be identified at a later date) and any other qualified entities bow hunting for deer privileges provided all required documentation is submitted and other requirements of the township are met. Mrs. Williams again seconded.
Motion. Mrs. Cohen again amended her motion, removing the blanket approval, and moved to allow Mr. Brian Quigg, Mr. Morris Quigg and two additional individuals (to be identified at a later date) bow hunting for deer privileges within the boundaries of the township-owned property known as Valley Park provided all required documentation is submitted and other strictures of the township are met. The motion was seconded by Mrs. Williams.
Motion Vote. The motion passed 4-1-0, with Mr. Morrisson dissenting.
Ms. Rebecca Bowser, 102 Magnolia Drive – Property at Rte 23 & Country Club Rd. Ms. Bowser asked if there was anything the township could do about the condition of the property located at 100 Country Club Lane. Ms. Bowser‘s complaint was that while the overgrowth was unsightly, more importantly, it appears to interfere with line-of-sight on the roadway. Mrs. Cohen asked the Township Manager to have the Code Enforcement Officer conduct an investigation of this property.
Ms. Mary Myers, 45 S. Forge Manor – 1930 Schuylkill School. Ms. Myers identified herself as a teacher in the Phoenixville Area School District for over 30 years and president of the teachers’ association. She then asked the Board what residents had to do to have the 1930 Schuylkill School knocked down. Ms. Myers said that the building was not only an eyesore but also a major health hazard. She told the Board that she taught in the school for many years and she, as well as the children in the school, had personal health issues related to the condition of the building. Ms. Myers again asked what can be done because the township residents do not want to spend money to restore the 1930 Schuylkill School.
Motion. Mr. Parry moved to award the Phoenixville Area School District (“PASD”) a demolition permit for the 1930 Schuylkill School upon the proper filing of an application and adherence to all code requirements for said demolition. Mrs. Williams seconded.
Motion Vote. The motion did not pass 2-2-1, with Mrs. Cohen abstaining.
Mrs. Williams stated that the only option was to take down the building; it is very unhealthy and likened it to a science project gone bad. Mrs. Cohen responded that she wanted to work with the PASD in partnership; the Board did not want to spend money on lawyers and she was trying to find a compromise between taking down the building at any cost and saving it at any cost. She stated there was a concept in the works that she wished to discuss with the Board in executive session. Mrs. Cohen went on to say that she was not ready to discuss the concept in public as yet because she had not had an opportunity to present it to the school board. Mrs. Cohen did mention that, because the latest study done in April indicated the walls of the building were sound, it could be repurposed as an open air pavilion.
Mr. Parry stated he would still say tear it down; there could be no public access to the structure because of its proximity to the elementary school. Ms. Myers added that to create a pavilion with no defined purpose was a waste of money. She told the Board that because of the demanding curriculums in place today, teachers do not have the time for open-air classes and/or activities; the building will not be used. She said this issue has been argued back and forth since 2002, all the concepts cost the taxpayers money and, at this point, no amount of money can make the structure usable. Mr. Morrisson interjected that a consideration should be made that the building has Designation of Eligibility (“DOE”) for the National Register of Historic Places.
Mr. Bill Myers, 45 S. Forge Manor Drive, requested that the Board set aside passion and emotion when considering this issue and make a fiscally sound decision on behalf of Schuylkill Township and PASD taxpayers.
A resident asked when the Board would vote on this subject again with all the information and dollar amounts in place. Mrs. Cohen responded it would be on the agenda in September after the PASD Building & Grounds meeting in August.
CONSENT AGENDA
Motion to approve Consent Agenda: Mr. Parry moved to accept the Consent Agenda; Mr. Morrisson seconded.
Motion Vote: The motion passed 5-0-0.
BOARD DISCUSSION ITEMS
Motion. Mrs. Cohen moved to approve the Freedom Valley YMCA Trail Easement agreement in order to move forward conceptually. Mr. Morrisson seconded.
Motion. Mrs. Williams moved that the Environmental Advisory Council be officially tasked with updating the Schuylkill Township Open Space and Recreation Trail Map, Table 13, Map 8 using measurable criteria. Mr. Parry seconded.
Motion Vote. The motion passed 5-0-0.
Motion. Mr. Vutz moved to approve the purchase of a new vehicle for the Schuylkill Township Police Department. Mr. Parry seconded.
Motion Vote. The motion passed 4-1-0, with Mrs. Williams dissenting.
Motion. Mrs. Cohen moved to appoint Mr. Joshua A. Seib, 27 Terrace Drive, Phoenixville, PA 19460 to a four (4) year term as a member of the township Planning Commission, said term to expire December 31, 2013. Mrs. Williams seconded.
Motion Vote. The motion passed 5-0-0.
Motion. Mr. Vutz moved to approve Gilmore & Associates to produce a preliminary plan for the proposed new Schuylkill Township leaf recycling site for PaDEP at a not to exceed cost of $2,500.00. Mr. Parry seconded.
Motion Vote. The motion passed 5-0-0.
A settlement has been reached by the township with CitySwitch and an agreement has been signed. Mr. Brennan read the following from the settlement agreement. “For technical reasons, the recently constructed tower located in Schuylkill Township has been deemed incompatible with railroad usage, and will be removed from its base, including the base bolts within ninety (90) days from the date of Schuylkill Township’s acceptance of the settlement terms set forth..” Some details are still being ironed out but the tower will be taken down by September 18, 2010. County Court Judge Jacqueline C. Cody will retain jurisdiction over the case until the terms in the settlement agreement are met. Mr. Brennan thanked the residents adjacent to the tower for the assistance they had given to the case. The residents of The Meadows at Valley Forge gave the Board and Mr. Brennan their thanks for pursuing the case and bringing it to an acceptable resolution. A round of applause was given to Mr. Brennan by both the residents and Board members for his efforts in bringing this case to settlement.
Agricultural Land Protection. The purpose of this ordinance is to preserve and protect prime farmland soil for current or future agricultural use. There are two categories of agricultural soils – Prime Farmland Soils and Farmland Soils of Statewide Importance as shown on the draft map (“the Map”) with Schuylkill Township’s most recent geographic information system (“GIS”). Mr. Morrisson pointed out that since the most recent USDA ARCS Soil survey was done, more than 50% of Schuylkill Township’s prime farmland soil has been developed. The Pennsylvania Municipal Planning Code encourages municipalities to preserve and protect prime farmland soil. Three neighboring municipalities, Pocopson Township, East Bradford Township and East Pikeland Township, have some form of agricultural land protection ordinance in place. The purpose of the ordinance is not to ban all development; it will allow some prime farmland soil development but will protect the majority. This is an additional tool in the arsenal to protect open space in the township. Basically, land development on prime farmland soil as it exists on the Map would not be allowed on parcels of 10 acres or more where the percentage of prime farmland soil is at least 20% of the total parcel. Exceptions to this would be if the area of prime farmland soil is less than 20% of the total, or the area of prime farmland soil is 20% or greater of the total land area and a maximum of 20% of the total prime farmland soil is to be developed, or if access corridors are necessary. On any parcel restricted by the agricultural land protection ordinance, development on non-prime farmland soil will be allowed at a residential density of up to 125% of the density allowed by right. The restrictions are parcel-based and apply to parcels of 10 acres or more. Any dispute of designated prime farmland soils will be resolved by a field survey of the parcel using a certified professional soil scientist and a Pennsylvania licensed land surveyor. The cost of the surveys will be borne by the disputing party.
Mr. Sartor commented that the Map showing Schuylkill Township’s prime farmland soils and farmland soils of statewide importance had been extracted directly from the federal government’s website. There were no field checks done on current conditions and it is probable that some farmland soils shown on the Map simply do not exist anymore.
Mr. Brennan commented that agricultural soils protection encouragement could be argued to be community based, that is, geared more towards farming communities rather than mostly residential townships such as Schuylkill. Mr. Brennan requested that the Board direct the township solicitor to investigate and submit a legal memorandum on the viability of an agricultural land protection ordinance in Schuylkill Township. The Board concurred.
Mr. Parry mentioned that the Planning Commission had expressed some reservations about this ordinance. Mrs. Williams added that the EAC had reservations as well.
Uniform Construction Code Appendices C & D. Mr. Morrisson mentioned that the International Fire Code, Appendices C & D (fire hydrant locations and spacing, and fire apparatus access roads) should be specifically adopted because it has been excluded from the currently adopted UCC code.
Historic Preservation. Mr. Morrisson commented that under current ordinance, the demo approval process is convoluted. His recommendation is that the Historic Preservation Ordinance be stand-alone, removed from Zoning Ordinance, the purpose of the which would be to clean up the path and protect historic structures. East Brandywine Township’s Historic Preservation ordinance has been the model for the rewriting.
Mr. Brennan commented that under the existing framework, demolition and restructuring fall under the Zoning/Code Enforcement Officer and the Zoning Hearing Board. With a stand-alone ordinance, conditional use renovation and demolition would come to the Board of Supervisors. The Zoning Hearing Board would be excluded from the process.
General Code Editorial Analysis. Mr. Morrisson reported that a consolidated ordinance document (Zoning, SALDO and stand-alone) is close to completion and he hopes to present it to the supervisors for review and a vote at the next Board meeting.
Lighting Ordinance. Mr. Morrisson’s opinion was it would be advisable to modify the lighting ordinance and the township code enforcement officer was working on some alternatives to present to the Board. Mr. Morrisson asked the Board if, in their opinion, it should be a stand-alone ordinance?
Mrs. Cohen asked if the ordinance could regulate the types of light bulbs used, i.e., halogen versus incandescent, to be ahead of the curve in “going green”. Mr. Vutz replied that the purpose of the ordinance was to negate annoyances, not dictate what to use. Mr. Morrisson added that the concern right now is inappropriate brightness.
Motion. Mr. Vutz moved to adopt Ordinance 2010-05 to reduce the speed on Forge Hill Lane between Ferry Lane and Powderhorn Drive to twenty-five (25) miles per hour. Mr. Morrisson seconded.
Motion Vote. The motion passed 5-0-0.
The Board concurred that this matter should be tabled pending further review and discussion.
The Board concurred that this matter should be tabled pending further review and discussion.
Motion. Mrs. Williams made the motion to approve advertising Ordinance 2010-08 to place stop signs on Moorehall Drive at Wetherill Lane. Mr. Parry seconded
Motion Vote. The motion passed 4-1-0, with Mr. Vutz dissenting.
Motion. Mrs. Cohen moved to submit a final draft of the revised Historic Site Overlay District Ordinance to the Chester County Planning Commission no later than July 26, 2010 for review and comment prior to the September 1, 2010 Board of Supervisors meeting. Mr. Vutz seconded.
Motion Vote. The motion passed 4-1-0, with Mrs. Williams dissenting.
Motion. Mr. Parry moved to approve Resolution 2010-11 authorizing Schuylkill Township’s participation in the Southeastern Pennsylvania Municipalities Consortium.
Motion Vote. The motion passed 5-0-0.
Motion. Mr. Vutz moved to approve Resolution 2010-12 resolving that the Township of Schuylkill, County of Chester, opposes any measure, initiative, or plan that mandates the forced merger or consolidation of local governments and that the General Assembly be urged to oppose HB 2431, SB 1357, and any similar kind of legislation that has been or may be introduced in the future to weaken the responsiveness and effectiveness of local government. Mrs. Cohen seconded.
Motion Vote. The motion passed 4-1-0, with Mrs. Williams dissenting.
Motion. Mrs. Cohen moved to approve Escrow Release No. 4 for Springs Meadows (McCann Trailer Park) in the amount of $49,357.71 as recommended by the Township Engineer, Gilmore & Associates, in their review report dated July 7, 2010. The amount remaining in the escrow is $7,366.10. Mr. Vutz seconded.
Motion Vote. The motion passed 5-0-0.
Motion. Mrs. Williams moved to ratify and accept the June 18, 2010 Settlement Agreement in the matter of Schuylkill Township v. CitySwitch LLC and Pennsylvania Line, LLC. Mr. Vutz seconded.
Motion Vote. The motion passed 5-0-0.
Motion. Mrs. Cohen moved to accept the resignation of Rhonda L. Jones from Schuylkill Township effective June 18, 2010 per Ms. Jones’ resignation letter of April 29, 2010. Mr. Parry seconded.
Motion Vote. The motion passed 5-0-0.
At 10:50 PM, the Board voted to go into executive session to discuss certain personnel and litigation matters.
The public meeting was reconvened at 12:05 AM. Mrs. Cohen reported that personnel matters had been discussed.
Motion. Mrs. Williams moved to approve the expenditure of $1,500.00 in postage costs as requested by the Board of Auditors. Mrs. Cohen seconded.
Motion Vote. The motion passed 4-1-0, with Mr. Vutz dissenting.
ADJOURNMENT
At 12:10 AM, a motion was made by Mrs. Cohen to adjourn the meeting. Mrs. Williams seconded. The motion passed 5-0-0.
Next Board Meeting: August 4, 2010 7:30 PM
Respectfully submitted,
Madeline M. Harbison
Township Secretary