SCHUYLKILL TOWNSHIP
BOARD OF SUPERVISORS
MEETING DATE: March 1, 2006

Police – posted. Mr. Colket stated that the preemption device installation on the traffic light at Pothouse and State Roads will be completed on March 3.

Roads – posted. Mr. Colket stated the Township has received a proposal from Reilly Sweeping to sweep township roads the week of April 4 through 7 for approximately $2,700. On motion by Mr. Colket, seconded by Mr. Ledbetter, and passed, the Board approved the quote from Reilly Sweeping. Graham Road – Mr. Colket stated that the Township Roadmaster, Mr. Cinciripino and the Township Chief of Police, Mr. Fetterman have both looked at Graham Road and do not feel that there is a safety issue with the road. He stated that he took exception to the letter from Mr. Moskowitz representing Mr. DiPaolo of Graham Road dated February 13, 2006. Mr. Colket advised that he is waiting for a quote from the Township’s contractor on the cost to repave the road. Mr. Colket stated that the residents have previously stated that they will assume a portion of the cost to repave Graham Road.

Fire – posted. Mr. Beittel, the Township Fire Marshal stated that the Fire Fighter of the Month was Mr. John Shepsko. Substation – Mr. Colket stated that the site is being prepared for paving. He stated that Gateway is running into substandard soil. Mr. Colket advised that Gateway contends that there is only 6” of suitable soil but soil tests have shown 12” – 18”. With regard to excess fill dirt, Mr. Colket stated that a fire company member can use some dirt on his property and the Township can use one to two trucks to fill sink holes in the Pickering Preserve. Substation Lease – Mr. Beittel stated that the remaining language for the lease needs to be worked out between attorneys.

Township Administration – Mr. Ledbetter stated that he met with Ms. Lowrie to begin work on a timeline for permitting requirements for restoring the pond at Valley Park.

Recycling – Mr. Shaughnessy, the recycling chairman, advised that the cardboard recycling dumpster has been delivered and is located in the upper lot of the Township complex for residents to recycle cardboard.

Zoning Administrator – posted. Mr. Ledbetter stated that Mrs. Susan Gurette had applied to the EAC. He stated that although she was not appointed to the EAC she has Zoning Hearing Board experience when she lived in Tredyffrin Township. Mr. Ledbetter advised that she would make a good alternate to the Zoning Hearing Board. Ticket Booth – Mr. Ledbetter stated that the Township is in receipt of a quote from Mr. Tom Carnevale for design development and construction documents for the Valley Park Road Ticket Booth. Mr. Ledbetter advised that because of the scope of work on the structure a biddable document may be needed. He requested that Mr. Sugarman review what has been submitted by Mr. Carnevale to see if it is legally correct. Yerkes Associates will prepare the scope of work and technical detail and prepare the bids after the Township Solicitor reviews the documentation submitted by Mr. Carnevale.

Code Enforcement – nothing to report.

Planning Commission – posted.

Historical Commission – posted.

Emergency Management – NIMS training was held on February 27.

Environmental Advisory Council – posted. Mr. Kreider thanked the Board of Supervisors for amending the EAC ordinance to allow for expansion of membership. Mr. Ledbetter stated that he had received information from Ms. Leslee Eastwood of East Phillip Drive that the Pennsylvania DCNR has recommended that riparian buffers be increased. Mr. Patankar advised that the increase could range from 100’ to 600’ depending on the watershed area. Mr. Ledbetter stated that he will bring the information to the Regional Planning Commission and have it reviewed by the regional consultants.

VFSA – nothing to report.

Joint Board – Mrs. Marquart stated that she has been recognized by the authority as a Joint Board member.

Regional Planning/Traffic – Regional Planning - Mr. Ledbetter stated that public meetings will be held through the region regarding the regional comprehensive plan: March 29 at the Kimberton Fire House; March 30 at the Valley Forge Volunteer Fire Company; and April 6 at the Colonial Theater. All meetings begin at 7:00 p.m. Closed Loop System – report received from Carroll Engineering. Valley Forge Area Transportation Study – Mr. Colket stated that the bids to replace the old Betzwood Bridge are due in 2006 and completion of the bridge is slated for Spring 2008.

Mr. Ledbetter stated that on March 8 a meeting will be held in Upper Providence hosted by the DVRPC regarding the Intercounty Relief Route. He stated that the relief route deals with traffic circulation problems to the west of the Township.

Mr. Ledbetter stated that plans for the Center for American Revolution that was to be located at the Valley Forge National Historical Park are beginning to unravel. He stated that there has been some movement to relocate the center to the Freedoms Foundation. The federal government has deemed the VFNHP as a shrine that should not be tampered with hence the relocation of the center. He advised that he spoke with Mr. Caldwell, Superintendent, and Ms. Pollarine, Deputy Superintendent of the park about the concerns the Township has regrading the Freedoms Foundation site including traffic along Route 23. Mr. Ledbetter stated that the Center for American Revolution will be combining two of the biggest collections of American Revolution artifacts and that the Township should be involved in a positive way.

Mr. Colket stated that East Pikeland has met with the Borough of Phoenixville regarding the Township Line Road/Route 23 intersection. He stated that East Pikeland would also like to have Schuylkill Township involved as well.

Deer Management – Mr. Morrisson, Chairman of the Deer Management Committee, stated that the Whitetail Associates Hunting Club did a fantastic job harvesting deer in the Township during the 2005-2006 deer season. He stated that since the program began 13 years ago 891 deer have been harvested. He stated that the club has had a perfect safety record since it has been operating in the Township. Mr. Morrisson thanked the club for their efforts. Mr. Ledbetter stated that he allows the club to hunt his property and that the club is everything that Mr. Morrisson has stated and that he would be happy to write a letter of commendation to the Whitetail Associates Hunting Club on behalf of the Board. Mr. Joe Maddock, chairman of the club, thanked the residents of the Township. He stated that they have been friendly, curtious and helpful. Mr. Maddock stated that they will continue to do the best they can in harvesting deer. Mr. Bob Cooney, a member of the club and a resident of the Township, thanked Mr. Morrisson for all of his help in setting up properties for the club to hunt on.

Solicitor – NPDES – Mr. Sugarman stated that he, Mr. Ledbetter and Ms. Lowrie met with PaDEP on February 17 regarding the notice of violation for deficiencies in the MS4 Year 2 Annual Report. He advised that based on the settlement conference PaDEP would review and respond to the steps that the Township has taken to abate the violation as identified in return for the Township’s withdrawal of the appeal. PaDEP has determined that the Township has satisfactorily completed the MS4 Year 2 permit requirements and they commended the township for the overall quality and commitment of its MS4 program. Fire Suppression – Mr. Sugarman stated that the Township has until March 15 to submit arguments. Mr. Sugarman advised that at this time the Township is unable to enforce its fire suppression ordinance. He stated that he is trying to see if a stay is legally possible. Horseshoe Pointe – Mr. Sugarman stated that Judge Sarcione has drawn up a proposed share of settlement costs. He stated that the next meeting is March 13. Mr. Sugarman advised that the damage costs and the extent of the damages to the property owned by Mrs. Ash of Jug Hollow Road is widely disputed. Her claim in the case has been split off. Mr. Sugarman stated that the cost of the damage varies which makes it hard to settle the claim. He stated that the Township’s primary concern is to get the stormwater problem fixed which would benefit Mrs. Ash. Levine Property – Mr. Colket stated that he will contact the property owner.

Demolition by Neglect – Mr. Ledbetter stated that there are three properties with dilapidated buildings: Levin Property barn; the house on Charlestown Road owned by Liberty House; and the house on South White Horse Road owned by Royal Bank. Mr. Ledbetter stated that Royal Bank has gone silent about renovating the house. Mr. Sugarman stated that it is up to the Township to authorize the Zoning Officer to proceed. He advised that the Township needs proof that a building is at a risk of falling down. Mr. Sugarman stated that if it is impractical to repair the building, it should be demolished.

Riparian Buffer – Mr. Ledbetter stated that the regional planning consultants have suggested using a 100’ riparian buffer. He stated that DCNR has recommended using up to 600’ to support ecosystems. Mr. Sugarman stated that the Township can identify specific areas that would require wider buffers and create tiered buffer areas within the Township. Mr. Ledbetter stated that the Township could advise an applicant that the riparian buffer is 600’ unless they can provide evidence that the 600’ is excessive or superfluous.

Valley Forge Christian College, Academic Building – Mr. Sugarman questioned if the Township wanted the college to escrow for stormwater improvements on their property. Mr. Sugarman was requested to draft language for a land development agreement to cover stormwater. On motion by Mr. Ledbetter, seconded by Mr. Colket, and passed, the Board granted preliminary/final approval to the Valley Forge Academic Center plans dated February 16, 2006 conditioned on a land development agreement language approved by the Township Solicitor and the college satisfying all items in the March 1, 2006 Gilmore & Associates review letter.

Maisfield Farm – Ms. Patty Taylor of Pulte Homes stated that the punch list items as noted in the site inspection report dated February 28, 2006 from Gilmore & Associates would be completed in the next 30 days. Ms. Taylor stated that Pulte Homes was willing to post $7,500 cash for the remaining items to be fixed. On motion by Mr. Ledbetter, seconded by Mr. Colket, and passed, the Board released the maintenance bond for Maisfield Farm and accepted the $7,500 to cover the remaining items as listed in the February 28, 2006 letter from Gilmore & Associates.

YMCA – Mr. Michael Gill of Buckley Nagle representing the YMCA stated that the Zoning Hearing Board denied all five variances requested by the YMCA. He advised that a protective appeal has been filed with the Court of Common Pleas. Mr. Sugarman stated that the YMCA should find a way to get into compliance or request that the ordinance be amended. Mr. Greenauer of the YMCA stated that it would be beneficial to the YMCA to make the original plan work. Mr. Sugarman questioned the applicant if there was a way to trade a zoning issue for a subdivision issue. Mr. Gill replied no and that the cleanest way to deal with the issue was to discuss the matter with the Board. Mr. Vutz stated that the Zoning Hearing Board has ruled on the issue. Mr. Ledbetter stated that the artificial steep slopes could be netted out as the Girl Scouts of Freedom Valley has already set a precedent with the Zoning Hearing Board. Mr. Sugarman advised that zoning by settlement agreement is a bad precedent since it will give the appearance of spot zoning even though the argument would be that the Township is compromising a dispute. Mr. Gill stated that the bulk of the variances requested were for stormwater management. Discussion ensued regarding stormwater management issues. Mr. Sugarman stated that the issues can be looked at two ways: the YMCA is a tight property with excessive development or the provision of the Public Facilities Zone should to be tweaked. Mr. Gill stated that a big problem is that a large area of the YMCA is netted out due to wetlands. He stated that stormwater management facilities are currently shown on the plan to intrude into the buffer area and not into the wetland areas. The Board consensus was that the YMCA was an asset to the Township. Mr. Ledbetter requested that the Township Solicitor provide guidance to the Board on the issue. Mr. Gill stated that he would provide a copy of the plan to Mr. Sugarman.

Valley Forge Woods – Mr. Chuck Breder stated that Toll Brothers would post a separate bond for $28,000 for three months to complete the punch list items as outlined in the January 30, 2006 maintenance bond inspection punch list from Gilmore & Associates. Mr. Sugarman stated that the bond should be posted for $35,000. On motion by Mr. Ledbetter, seconded by Mr. Colket, and passed, the Board accepted the offer made by Mr. Breder conditioned on receiving a check for $35,000.

Fire Company Substation – On motion by Mr. Colket, seconded by Mr. Patankar, and passed, the Board approved payment request #12 to Gateway Project Management in the amount of $18,000.00. Mr. Colket stated that the two-inch hose line to be used to wash down trucks was run through the sprinkler system which would end up triggering the fire alarm every time the hose is turned on. The contractor will put a switch into the alarm system so that the system can be shut off when the hose is in use. He stated that the architect and township engineer are working on the matter. On motion by Mr. Colket, seconded by Mr. Ledbetter, and passed, the Board approved payment request #7 to TMI Commercial Inc. in the amount of $5,823.50. On motion by Mr. Colket, seconded by Mr. Ledbetter, and passed, the Board approved payment request #8 to Condon Electric in the amount of $9,000.

Wawa – A conditional use hearing for the duel use of a lot for a convenience store/pharmacy use was set for March 15, 2006 before the Planning Commission meeting.

Citizens for Open Space – Mr. Morrisson stated that the article that was in the February 26, 2006 Philadelphia Inquirer set the stage for showing the environmental value of the Reeves property. Mr. Morrisson stated that the COS now meet twice a month on the 2nd and 4th Mondays of the month. He stated that there is a core group of 10 people in the group although there are currently about 50 people who are interested in the group. In regard to the workshop meeting to discuss the Comprehensive plan, Mrs. Marquart advised the COS that Mr. Tom Comitta’s time is being paid for by the Township and that the COS should organize their questions and not be specific with regards to the Reeves property. Mr. Ledbetter stated that the focus of the meeting is to explain the current comprehensive plan and recently adopted addendum to it and not to discuss changing the plan. Mr. Ledbetter advised that the Reeves property is about to be a land development plan and the owners of the property and the developer deserve fair treatment in their presentation of the plan. He advised that the discussion at the March 16 workshop should be global in scope. Mr. Morrisson stated that the COS has created a marketing subcommittee, had more discussion with the Brandywine Conservancy, and has been coordinating ideas with Charlestown Township and West Vincent Township. Mr. Ledbetter stated that the COS should go to the Regional Planning meetings. Mr. Morrisson stated that the group has looked at properties five acres or greater as possible open space areas. He stated that the group also looked at acreage that may be suitable for business development. Mr. Morrisson advised that the COS has not spoken with any of the 90 property owners that collectively owned over 1,000 acres in the Township. Mr. Ledbetter stated that the group should not blind side any of the property owners.

Ms. Leslee Eastwood of East Phillip Drive discussed the environmental aspects of the Reeves property. Ms. Eastwood stated that she has looked at the property with the objective to preserve the ecological heritage value of the property based on Pennsylvania state agency guidelines. She stated that her findings were not conclusive and would require appropriate expert review. Ms. Eastwood advised that the PNDI is the first step. She stated that the bald eagle is endangered in Pennsylvania and is imperil for breeding. Mr. Glen Makela who lives on the Reeves property stated that there are eagles, osprey, bog turtles as well as native plants on the site. Mr. Ledbetter asked if Ms. Eastwood would make the same presentation regarding the environmental considerations of the site at the next Planning Commission meeting on March 15. Mr. Ledbetter stated that the EAC should weigh in on the issue as well.

Ordinance #2006-02, Stormwater Management Ordinance Revisions – Mr. Ledbetter stated that he will review the stormwater management protocols and speak with Ms. Jan Bowers at the Chester County Conservation District.

Cingular Wireless – Mr. Ledbetter stated that the proposed stealth sign structure that Cingular is proposing as a telecommunications facility looks like it should be in a borough setting and not a township setting. Mr. Ledbetter stated that if Cingular wants to enter into discussion about a short flagpole the Township would be willing but skeptical to discuss it with them.

Verizon – Mr. Vutz stated that he, Mrs. Marquart and the Township Solicitor met with Verizon representatives regarding a franchise agreement with them. Mr. Vutz advised that Mr. Sugarman raised good points. Mr. Sugarman stated that Verizon is proposing 5% of fees collected by affiliates not gross revenues. Mrs. Marquart stated that she is worried that cable TV could be bundled down when combined with internet and phone service. Mr. Ledbetter stated that a clause should be added to the agreement that Verizon must remove outdated equipment. Mr. Vutz stated that he would like to see income from the franchise fees; competition with Comcast and comparable PEG channels. He stated that Verizon will probably request a long term agreement. Mr. Vutz advised that quality of service was in the agreement. He stated that he is looking for some concurrence on the issues. Mr. Sugarman stated that he is trying to get in touch with the attorney from East Pikeland Township, Ms. Allison Miller, to compare notes.

Police Vehicle – Mr. Ledbetter stated that Mr. Fetterman has submitted a proposal to lease the Ford Expedition and purchase the Crown Vic while staying within the 2006 budget. Mr. Vutz stated that there are two options: 1) a 3-year lease of the Expedition at $10,000/year or 2) a 4-year lease at $8,000/year. Mr. Ledbetter asked the Board if they want to entertain the idea of getting both vehicles. The consensus of the Board was to lease the expedition at $10,000/year. Mrs. Marquart stated that the Township should have looked at leasing as a strategy to begin with.