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, Madeline Harbison-Township Secretary
Pickering Glen Homeowners’ Association: Peter A. Mercuri-President, James T. Tegler-Secretary, Thomas F. Lemker-Treasurer
CALL TO ORDER
The public meeting was called to order by Barbara Cohen at 7:05 PM. Mrs. Cohen informed the attendees that this was a special meeting of the Board of Supervisors, requested by the Pickering Glen Homeowners’ Association (“PGHOA”), to discuss the items presented by PGHOA as follows:
Mrs. Cohen opened the floor to the PGHOA members.
PGHOA Trail. Mr. Lemker, 29 Saddlebrook Ln, briefly recapped the issues with the condition of the PGHOA trail, centering on the unsuitability of the original materials used. He added that too much time has been spent on “dueling documents” discussions - the fact that the PGHOA documents in the hands of Pickering Glen homeowners differ from the officially recorded PGHOA documents on the matter of trail maintenance is indisputable and that it is time to move forward. Mr. Lemker went on to say that the goal of the PGHOA is to find a solution and come to an agreement with the Board of Supervisors which will make this trail an asset, not only to the PGHOA but to the entire township.
Mr. Lemker said the PGHOA received estimates in the fall of 2010 for repairing the trail within the Pickering Glen development (2,232 linear feet) – one for replacing in kind the trail surface for $27,000.00, and the other to rebuild the trail with a macadam surface for $54,000.00 (the quote is for a 4” base, and 2” compacted surface for a base width of 6’ and a top width of 5’). Based on the advice received by the PGHOA, Mr. Lemker went on to say, the best solution to fix the trail is to replace the current material with macadam.
On behalf of PGHOA, Mr. Lemker proposed that PGHOA and Schuylkill Township partner in seeking a grant as a township program to finish the entire trail (3,524 linear feet). PGHOA would be willing to contribute the $27,500.00 received in the Pulte settlement as “good faith” or “seed” money for such a township grant program.
Mrs. Cohen replied that, while a grant may be an option to investigate, at present grant monies are rapidly disappearing and obtaining the necessary funds for the PGHOA trail is not likely at this time.
Mr. Parry asked about the soundness of the present trail; specifically how much submersion there is on the trail after a heavy rain. Mr. Parry stated this issue is key to determining what material(s) should be used for repair or replacement.
Mr. Lemker responded that the majority of the trail has no run-off issue; there is, however, a portion of the trail near Rt. 29 on the Levin property which collects run-off from the road. Mr. Mercuri added that, in his opinion, PennDOT should take ownership of at least part of the runoff issue on the trail near Rte. 29. Mrs. Bird responded that the Township had an on-site review of the problem last fall with PennDOT and it is on PennDOT’s list. Mr. Lemker said there is no standing water problem on the Pickering Glen development part of the trail, however, PGHOA’s contractor recommended the trail be completely dug out and replaced.
Mrs. Cohen asked Mr. Lemker what specifically the PGHOA was asking of the Board. Mr. Lemker responded that at present PGHOA is requesting permission to redo the trail with a macadam surface and petitioning the township to consider an agreement to take over structural maintenance of the trail. Mr. Lemker added that with only forty-eight homes in the development, PGHOA would have trouble maintaining the trail on its own. Mr. Mercuri said that PGHOA would continue to do ordinary maintenance such as mowing and snow clearing.
Mr. Brennan presented the Board with some of his concerns regarding the issue: 1) PGHOA is the legal owner of the trail with an easement in place for public use; as such does PGHOA need township approval in the form of a land development plan to work on the trail?; 2) is there anything in the approved land development plan regarding trail material and would a revision need to be prepared and recorded?; and 3) discussions so far only encompass that portion of the trail on the Pickering Glen development property, not what is involved in paving the entire trail? There are issues involved with the trail repair stopping at the Levin property line. Mr. Brennan then asked Mr. Lemker if PGHOA has an easement across the Levin property for the trail. Mr. Lemker confirmed that this was the case. Mr. Lemker went on to say that paving the entire trail was the impetus behind the suggestion of PGHOA and Schuylkill Township jointly pursuing a grant for the trail. Mr. Mercuri added that the PGHOA trail has more public use than development residents’ use.
Mrs. Cohen agreed the trail saw much public use and asked what options there were considering that grant funding at this time was almost non-existent; how would construction work on the Levin portion of the trail be handled and the fact that doing this for PGHOA would set precedents for other developments to make the same case.
Mr. Mercuri said that if PGHOA and the township come to an agreement. PGHOA could start saving now to maintain the trail. If the township does something now, PGHOA will maintain the trail but someone has to come up with the money to fix the trail. Mrs. Williams asked how much money PGHOA had available to put towards the trail over and above the $27,500.00 settlement from Pulte. It was her opinion that, regardless of what agreement was being proposed, the PGHOA should pay the majority of costs associated with any repair or reconstruction of the PGHOA trail.
Mr. Brennan added that if an entity decides to pave that portion of the trail crossing the Levin property, the existing easement could suffice. Mr. Lemker said he would be willing to contact the Levins regarding the possibility of trail work.
Discussion ensued regarding safety and liability as regards to the PGHOA trail. Mrs. Cohen requested that the Township Solicitor research the Pennsylvania Recreational Use of Land and Water Act as to whether it protects private as well as government entities and what essentially constitutes an improvement which may negate any protection under the Act. Mrs. Williams suggested that the Chester County trail planners must know this, and that the Township Manager could check with the County on this matter.
Mr. Parry suggested that another meeting be set up as this issue could not be resolved at this time. Action items regarding the trail discussion are as follows:
Lamp Post. Mr. Mercuri opened the discussion on the driveway lamp post PGHOA states is needed at 22 Saddlebrook Drive. Mr. Mercuri said he provided a letter addressed to the property owner at 22 Saddlebrook Drive to the Township Manager. Mrs. Bird stated that the letter had been given to the property owner.
Mrs. Bird then informed the Board that she had reviewed the Pickering Glen plans, township Board of Supervisors and Planning Commission meeting minutes and the PGHOA recorded documents. Mrs. Bird said that the plans started with street lights (six in the whole development) and eventually moved to lights installed at every new driveway. Mrs. Bird also said the plans defined a difference between lots v. farm lots.
Mr. Lemker said the PGHOA viewed this not as an aesthetic but rather a safety concern. Mrs. Bird responded that this was not an enforceable township problem but rather a neighbor to neighbor issue and suggested that PGHOA approach the property owner on that basis. Mr. Mercuri responded that he is not allowed on the 22 Saddlebrook Drive property. Mr. Lemker replied that he would be willing to contact the property owner. Mrs. Bird asked if the PGHOA might suggest a solar lamp post to the property owner to alleviate any concerns about the cost of laying a utility line.
HOA Documents. Mrs. Bird told Messrs. Lemker, Mercuri and Tegler that the Township as well as the PGHOA is bound by the HOA documents legally recorded at the County. Mr. Vutz added that, to the best of his knowledge, the recorded version has been in place since 2001 and the township had and has no control over what version of HOA documents was provided to homeowners.
Mr. Parry suggested that the PGHOA obtain copies of the legally recorded HOA documents for its members. Mrs. Bird offered to provide a copy to Mr. Tegler for distribution to the PGHOA residents.
ADJOURNMENT
At 8:40 pm, on motion by Mrs. Cohen, seconded by Mrs. Williams and passed, the Board of Supervisors meeting was adjourned.
Next Board of Supervisors’ Meeting:
Regular Business Meeting.............. Wednesday March 2, 2011. 7:30 pm
Special Meeting – Pickering Glen.. Thursday, March 10, 2011. 7:00 pm – 9:00 pm
Respectfully submitted,
Madeline M. Harbison
Township Secretary