The Schuylkill Township Board of Supervisors held their regular meeting on Wednesday, March 5, 2008 at 7:30 p.m. The meeting was held at the Township hall. Members of the Board present were Mr. Vutz, Mrs. Cohen, Mr. Ledbetter, Mrs. Williams and Mr. Morrisson. Mr. Vutz chaired the meeting. Also present at the meeting were Mr. John Sartor, the Township Engineer from Gilmore & Associates, and Mr. Robert J. Sugarman, the Township Solicitor.
Public Participation: None.
The minutes of February 6, 2008 were reviewed and approved on motion by Mrs. Cohen, seconded by Mr. Vutz and passed with Mr. Ledbetter abstaining.
The Treasurer’s Report was read. On motion by Mr. Ledbetter, seconded by Mrs. Cohen, and passed, the Board approved the Treasurer’s Report for February 29, 2008. There is a total of $1,430,456.14 in the various accounts of the Township.
Bills were presented and reviewed. Mr. Ledbetter questioned the payment of a $1,600 invoice for membership to the Greater Valley Forge Transportation Management Association (GVFTMA). He advised that the amount was not budgeted for 2008 and could have been budgeted for 2009. Mrs. Cohen stated that the GVFTMA could be a very good resource with regard to traffic matters and for the Township to use the resource it should be a member of the association. Mr. Vutz stated that if the Board is going to talk about being fiscally responsible it needs to be mindful of its responsibility. Mrs. Cohen offered to pay her way for any courses or conferences that she may attend for the Township. Mrs. Williams stated that the Township should look to cut the budget in other areas. On motion by Mrs. Cohen, seconded by Mr. Vutz, and passed, the Board approved payment of the bills.
Reports:
Township Manager – posted.
Police – posted.
Roads – posted.
Fire – posted. The Fire Fighter of the Month was Mr. Raff Henin.
Recycling – nothing to report.
Township Administration – Mr. & Mrs. Bauer of Magnolia Drive came before the Board to request relief from paying engineering bills associated with the review and approval to install an in-ground pool on their property. Mrs. Williams stated that this situation is symptomatic of what is happening to other residents of the Township. Mr. Sartor stated that Schuylkill Township is one of two municipalities in Chester County that has this level of scrutiny in its stormwater management ordinances. Mr. Sartor made the recommendation that Gilmore & Associates would not charge Mr. & Mrs. Bauer for the next design review of the pool that will be based on the possible adoption of a stormwater management amendment this evening. Mrs. Bauer questioned why the review cost is the same as the field cost for the engineer they hired to design the plan. Mr. Sartor stated that as part of the review process, he has had to educate engineers hired by property owners on the Township ordinances. Mr. Vutz stated that with in-fill development what a property owner does to their property affects their neighbor. A motion was made by Mr. Vutz and seconded by Mrs. Cohen that the Bauer’s fees for the pool project be waived beyond the outstanding $3,200 currently owed. The motion was modified on motion by Mr. Ledbetter and seconded by Mrs. Cohen that Gilmore & Associates not invoice the Township on this property and only for this project for further review fees and construction observation. The motion and amended motion were passed, with Mrs. Williams dissenting.
Payroll – Mr. Ledbetter stated that he would like the Township to move to an automated payroll process with a payroll service. He would like the administration office to look into it this year in anticipation of switching to a payroll service in 2009. On motion by Mrs. Williams, seconded by Mrs. Cohen and passed, the Board approved the administration office beginning the process of moving the current payroll to an automated service.
Zoning Administration – posted. Mr. Morrisson advised that he would like committees and commissions while reviewing a subdivision/land development plan to visit the site that is under review as a matter of policy. Mr. Ledbetter stated that it was his experience that the Township commissions do walk the properties. He advised that the commissions need to check with the property owner before entering a property. Mr. White of the Historical Commission questioned if the Zoning Hearing Board has conducted a site visit at the Reeves property. Mr. Sugarman stated that they can if they so choose.
Zoning Hearing Board – Brackman property – Mr. Sugarman stated that the applicant is challenging the validity of the ordinance with regard to the T1 Character Zone with Prime Ag soils in which the property is located within the R-1 District. He questioned that if the applicant would prevail that the ordinance is invalid what would it do to the ordinance. Mr. Ledbetter stated that the Township should weigh in at the hearing. Mr. Morrisson stated that the challenge to the T-1 character zone may have an impact on the T-2 character zone as well. Mr. Sugarman stated that Mr. Sartor can be subpoenaed by the Zoning Hearing Board and be compelled to testify. He advised that the subpoena could be quashed by either the Board or Mr. Sartor. Mr. Ledbetter stated that Mr. Sartor should be limited to testify only to factual matters. Mr. Vutz stated that Mr. Sartor can only testify if the Township Solicitor is present. Mr. Sartor questioned if the time was billable to the Township. Mr. Sugarman stated that the Brackman’s subpoenaed Mr. Sartor through the Zoning Hearing Board and they should pay for his time at the Zoning Hearing Board. On motion by Mr. Ledbetter, seconded by Mrs. Cohen, and passed, with Mrs. Williams dissenting, the Board requested that Mr. Sugarman represent the Township in the Brackman zoning hearing matter. On motion by Mr. Ledbetter, seconded by Mrs. Cohen, and passed, with Mrs. Williams dissenting, the Board requested that Mr. Sartor respond positively to the subpoena and the Township will pay his fees minus the subpoena fee received by him.
Code Enforcement - posted.
Historical Commission – Mrs. Momyer stated that the first workshop was held to look at amending the historical ordinance. Mrs. Williams questioned when the renovations will be done on the Valley Park Pavilion (formerly noted in minutes as the Ticket Booth). Mrs. Momyer stated that architectural drawings have been completed and there will be a report at the next meeting on the status of the renovation project. Mrs. Momyer was pleased to advise that there is also volunteer support for the project. Mrs. Cohen requested from the historical commission documentation on the Royal Bank building.
EAC – Mrs. Bowser stated that the council needs 30 more residents to sign up for clean energy in the Township. She requested that Board members and Township council and commission members take the lead and sign up. Mrs. Bowser gave a brief presentation on the Great Pennsylvania Clean-up effort that will be held every Sunday from March 30 to April 27. Volunteers will plant trees and cleanup bags will be available for anyone wishing to help pick up litter from the Township. Mr. Ledbetter requested that the Road Department make compost available to the volunteers at the Pickering Preserve. Mrs. Williams stated that Westrum Tree Service has volunteered to dig the holes for the trees.
Mr. Morrisson complimented Mr. Stephen Kunz of the EAC on his research with regard to Chapter 105 of PaDEP regulations in relation to the Aqua PA public water supply at the Pickering Reservoir. He advised that his research has helped with Green Valleys with upgrading the Pickering Creek to an Exceptional Quality waterway.
Open Space Commission – Due to the Zoning Hearing Board schedule, the OSC will meet on March 31 at 7:30 p.m. instead of March 10. Mr. Cooney stated that the commission was awarded its first grant of $150,000 to purchase a property that will be publicly announced once negotiations with the property owner are final.
Appraisal procedures – the Board requested that in the future the OSC present any items to the Board in advance of the meeting so they have had time to review the material. Mr. Sugarman stated that the Township should have an appraisal of a property on its own. He stated that no other municipality that he has provided legal counsel has allowed a landowner to pick the appraiser or the municipality pay half the appraisal cost. Mr. Cooney stated that the landowner can pick an appraiser from a list provided by the Township and that approval to obtain the appraisal is obtained from the OSC and the Board of Supervisors. Mr. Ledbetter made a motion that the Board approves the OSC recommendation for appraisal procedure as presented this evening conditioned upon the Township Solicitor’s review. The motion was dropped. Mr. Sugarman will review the appraisal procedure and provide comment. Mrs. Williams stated that she wants the Township to buy easements and not land. Mr. Morrisson stated the appraisal procedure as discussed is about getting assessment value of a potential open space property for either easement or land purchase.
Deer Management – nothing to report.
Planning Commission – posted.
Emergency Management – Mr. Fred Honigman stated that the Comcast internet service has been installed and the weather station equipment has been delivered. He advised that the Township is getting very good support from the county on its EOC efforts. Mr. Honigman stated that he is short on personnel and would like to publicize the need for volunteers in the Township newsletter. He stated that an EOC is required to have staff for each 12 hour shift. On motion by Mr. Ledbetter, seconded by Mrs. Williams, and passed, the Board named the Township Manager, Mrs. Bird, as a person authorized to declare a local emergency for the Township.
VFSA – Mr. Vutz stated that the sewer authority is still wrestling with PaDEP expansion plans.
Joint Board – nothing to report.
Regional Planning – On motion by Mr. Ledbetter, seconded by Mrs. Cohen and passed, the Board authorized advertisement of the Intergovernmental Cooperative Implementation Agreement to implement the Regional Comprehensive Plan.
Solicitor – All litigation matters are currently pending. Doyle subdivision/Greco Property Lot #1 – Mr. Ledbetter stated that by virtue of buying lot #1, Dr. Greco has been the recipient of an unfinished basin by the developer Mr. Doyle. The basin on Mr. Greco’s property now contains vegetation and has become a habitat. The Township Engineer has been requested to review: 1) does the existing habitat diminish basin capacity; and, 2) what is the approximate size and amount of soil needed to fix the berm where it is lower than the outfall structure. Mr. Ledbetter has requested that the minimal engineering work to be done to review and correct the basin issues be paid by the Township. The consensus of the Board was to move ahead.
Subdivisions:
Reeves property – on motion by Mr. Ledbetter, seconded by Mrs. Cohen, and passed, the Board approved a letter of extension for review of the preliminary subdivision plan for the Reeves property on Valley Forge Road to April 4, 2008.
Brackman property – on motion by Mr. Ledbetter, seconded by Mrs. Williams, and passed, the Board approved a letter of extension for review of the preliminary subdivision plan for Su Carroll and Henry Brackman on Country Club Road to June 6, 2008.
Old Business:
Historic Schuylkill School Term Sheet – Mrs. Cohen stated that the Board has this one opportunity that the PASD Building and Grounds Committee will sign off on the term sheet. She advised that by being able to save the historic structure and then being able to incorporate the structure into future grant submittals for trails will give the Township a greater opportunity to receive grant funding. Mrs. Cohen advised that there have been revisions to the term sheet since the February Board of Supervisors meeting and she requested that the Board approve the term sheet as revised. The revision has included an indemnification by the Township of the PASD. Mr. Sugarman stated that instead of indemnification, the Township could list the PASD as an additional insured on the Township’s insurance policy. A motion was made by Mrs. Cohen, and seconded by Mrs. Williams that the Board approve the revised Schuylkill School Term Sheet dated February 13, 2008 that includes revisions made by Mr. Sugarman this evening. The motion was amended by Mr. Ledbetter and seconded by Mrs. Williams that the February 13, 2008 term sheet will supersede the previously approved term sheet as adopted at the February 6 Board meeting. The motion and amended motion were passed 4-1 with Mr. Vutz dissenting.
Mrs. Cohen complimented Mrs. Momyer work on the Heritage Grant letter of intent submittal.
Stormwater Management Ordinance Amendment - the Board opened the hearing for Ordinance #2008-02 amending section 4.3.1.A.1.c of the Post Construction Stormwater Management Ordinance, Ordinance #2005-02. There being no discussion, the hearing was closed. On motion by Mr. Ledbetter, seconded by Mrs. Cohen, and passed, the Board adopted Ordinance #2008-02 amending section 4.3.1.A.1.c of the Post Construction Stormwater Management Ordinance.
Clothier Springs Road Culvert Replacement – On motion by Mr. Vutz, seconded by Mrs. Williams, and passed, the Board approved advertising of the Clothier Springs Road Culvert Replacement Project.
Jug Hollow Road Culvert Liner Installation – on motion by Mr. Ledbetter, seconded by Mrs. Cohen and passed, the Board approved advertising of the Jug Hollow Road Culvert Liner Installation.
New Business:
Aqua PA Solid Waste Permit Review – Mrs. Cohen and Mrs. Williams will schedule a meeting with Aqua PA.
At this point in the meeting the Board went into executive session. Upon their return, Mr. Vutz stated that land acquisition was discussed. On motion by Mr. Ledbetter, seconded by Mrs. Cohen and passed, the Board approved the Open Space Commission to apply for a DCNR grant through the State to purchase an unnamed project within Schuylkill Township. On motion by Mr. Ledbetter, seconded by Mrs. Cohen, and passed, the Board authorized the Open Space Commission to engage an appraiser to obtain an appraisal for easement purchase on an unnamed property for an estimated cost of $3,500.
There being no further business for discussion, the Board adjourned the meeting at 11:30 p.m.
Respectfully submitted,
Mary R. Bird
Township Manager