MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: October 7, 2009

BOARD MEMBERS PRESENT
Norman Vutz, Chair, Barbara Cohen, vice-Chair, Lee Ledbetter, Jim Morrisson. Mrs. Laurie Williams joined the meeting late.

Also present:
Mary Bird, Township Manager; William Brennan, Township Solicitor; Rick Beittel, Jr. Fire Chief; Nick Cinciripino, Township Roadmaster; Jim Fetterman, Chief of Police; Ian Plant, EAC; Bob Mauch, Open Space Commission, Jim Shaughnessy, Recycling Committee; Sandy Momyer, Joann Brown and John Gregory all from the Historical Commission. Mr. John Sartor of Gilmore & Associates, the Township Engineer, was excused from the meeting

Seventeen (17) audience members were present.

CALL TO ORDER
The public meeting was called to order by Mr. Vutz at 7:30 pm

Pledge of Allegiance

ANNOUNCEMENTS
The Board of Supervisors announced that Mrs. Harbison, the Township Secretary, was resigning from Schuylkill Township. The Board expressed their thanks for her hard work with the Township for the past two years and wished her well in her new endeavors.

Mrs. Cohen thanked the Township Road Department for the excellent job with the 2009 road paving project.

PUBLIC PARTICIPATION
Mr. Peter Brown questioned Mrs. Cohen regarding the rumored possibility of installing the Phoenix Wheel on the newly acquired Township property on Valley Park Road, the former Pasquale Property. Mrs. Cohen stated that she has high hopes that the wheel will be ultimately installed in the Borough of Phoenixville since the wheel was made from Phoenix steel.

Mr. Ian Plant of the EAC questioned deer hunting on the former Pasquale Property. Mr. Morrisson stated that the EAC unanimously recommended White Tail Associates be allowed to hunt that property. The topic will be further discussed as an agenda item.

A resident of Jug Hollow Road questioned if public sewers would become available on that road. Mr. Vutz stated that the Act 537 Plan for the Township does not provide for sewers in that portion of the Township.

CONSENT AGENDA
• Approval of Minutes of the September 2, 2009 Regular Board of Supervisors meeting.
• Approval of Treasurer’s Report for Period Ending September 30, 2009
• Approval of Payment of Township Bills for Period Ending September 30, 2009
• Acceptance of Department, Committee, Commission and Council Reports as posted and   received by the Board of Supervisors

Motion to approve Consent Agenda: A motion to approve the Consent Agenda was made by Mrs. Cohen and seconded by Mr. Ledbetter.

Motion Vote: The motion passed 4-0-0.

BOARD DISCUSSION ITEMS

Old Business
            There were no items requiring Board attention this month.

New Business

Purchase of 2009 Crown Victoria police are to replace car #5. Mr. Fetterman  stated that two cars were budgeted for 2009. This is the first car to be purchased for 2009. Another car is needed but disbursements v budget will be reviewed prior to the second vehicle purchase for 2009.

Motion. A motion was made by Mr. Ledbetter and seconded by Mrs. Cohen to approve the purchase of a 2009 Crown Victoria police car.

Motion Vote. The motion passed 4-0-0.

Mrs. Williams arrived.

YMCA – Tree at 20 Creek Road. Mr. Brennan questioned who was the legal owner of the land on which the tree sits. He stated typically with older roads, property owners own to the middle of the road. Mr. Greenauer, representing the YMCA, stated that they will look at their deed. The Township will research if there is a Deed of Dedication for Creek Road. Mr. Greenauer stated that as an aside they have just purchased a $6,000 piece of equipment to plow the
YMCA sidewalks and they will by verbal agreement with the Township plow the newly constructed Safe Route to School trail from the light at Route 29 to the YMCA. No decision regarding the removal of the tree was made.

Motion to accept the proposal from Bob Wise for conducting the historic resources inventory. 

Motion. A motion was made by Mrs. Cohen and seconded by Mr. Ledbetter to accept the proposal from Bob Wise in the amount of $7,688 to conduct the historic resources inventory.

Motion Vote. The motion passed 4-1-0 with Mrs. Williams dissenting.

Opening of Equipment Rental/Snow Removal bids for 2009/2010. 

Motion: A motion was made by Mr. Ledbetter and seconded by Mrs. Cohen to accept the bid from Cedar Springs Construction for Equipment Rental/Snow Removal bids to September 30, 2010 conditioned upon review and acceptance by the Township Manager, Roadmaster and Solicitor.

Discussion:  Two bids were received out of the 20+ mailed to contractors. Cedar Springs bid both the equipment and snow removal per the instructions of the bid packet. Reid Paving only bid the equipment rental portion of the bid package which is considered an incomplete bid. Mrs. Williams felt that the bids received were too high and the package should be rebid.

Motion Vote: The motion passed 4-1-0 with Mrs. Williams dissenting.

Motion to allow White Tail Associates to hunt the former Pasquale Property. Mr. Plant a member of the EAC cautioned allowing hunters on the property. He stated that there is dissent from the neighbors living on Schofield Road. Mr. Ledbetter objected to an EAC member reversing a recommendation from the EAC. Mr. Mike Civatella of 265 Clothier Springs Road stated that there are no property demarcations on the former Pasquale Property and that White Tail hunters scouting the area have trespassed on his property to get to the property to be hunted. He is also concerned for his children’s safety, as well as what they may see as part of the hunting activity. Mr. Morrisson stated that hunters, White Tail especially, know the difference between a child and a deer. He stated that White Tail is willing to work with the neighbors and are careful about how the deer are removed. Mr. Ledbetter stated that White Tail does not butcher the deer on site.

A resident of the Township and a hunter questioned why Township residents who pay taxes to the Township and whose tax money paid for the property cannot hunt the property. Mr. Morrisson stated that there is an advantage to having one entity.

Motion: A motion was made by Mr. Morrisson and seconded by Mr. Ledbetter to allow White Tail Associates to hunt the former Pasquale Property.

The motion was amended by Mrs. Cohen to allow qualified Schuylkill Township residents to work with adjacent property owners to hunt the former Pasquale property. The motion died for the lack of a seconded.

Motion Vote: On the original motion, the motion failed 2 -3-0 with Mrs. Williams, Mrs. Cohen and Mr. Vutz dissenting.

Legal Matters

Mr. Brennan gave a brief update on certain legal matters in the Township.

Pulte Homes – Oral Arguments coming up in December; trial in
January

Levin Property – Trial is set for October 19

City Switch – ZHB session #2 is October 15. Discovery deadline in Chester County in March 2010.

Higby – Trial rescheduled to February 2010. There could be a possibly of resolution prior to trial.

Reeves – Briefs due October 22.

Resolutions/Ordinances

Resolution No. 2009-25 to adopt as an amendment to the Open Space Plan and to Map 8 of the Plan a revised Map 8 entitled “2009 Open Space Map, Schuylkill Township, Chester Co., PA”

Motion: A motion was made by Mr. Ledbetter and seconded by Mr. Morrisson.

Motion Vote: The motion passed 5-0-0.

Subdivisions/Land Developments

Motion to accept the 60 day time extension for review of the PASD Middle School land development plan to November 14.

Motion: A motion was made by Mr. Ledbetter and seconded by Mrs. Cohen.

Motion Vote: The motion passed 5-0-0.

Discussion: Conditional Use Hearing date for Steep Slope issues on the land development plan – November 4, 2009

Discussion: Sidewalks – Mr. Glen Harris of Renew Design stated that sidewalks are shown on the plan parallel to State Road/Route 29 as internal sidewalks adjacent to the proposed baseball field. The sidewalks will be provided on the inside of the fence, not on the outside of the fence adjacent to the road. Mr. Ledbetter stated that the proposed sidewalks do not meet the objective of the ordinance which to to connect walkable communities. He stated that the plan as shown defeats the purpose of connectivity. Mr. Vutz seconded Mr. Ledbetter’s comments. Mrs. Cohen stated that the objectives of the community and the school district should be one and the same. Mr. Kalyan of Fox Rothschild, representing the PASD, stated that the Borough of Phoenixville has not requested sidewalks. Mrs. Williams stated that the plan as presented is a safe plan. Mr. Kalyan advised that the PASD could place a public easement for PASD lands south of Beechwood Lane to continue a trail/walking path connection should there be a future trail along State Road/Route 29 in the future. Mr. Ledbetter stated that the PASD would do the maintenance within that easement area. Draft of the easement will be sent to the Township Solicitor.

Motion to accept the time extension for review of the Dr. Miller subdivision plan to November 6.

Motion: A motion was made by Mr. Ledbetter and seconded by Mrs. Cohen.

Motion Vote: The motion passed 5-0-0.

Additional Business:

Mr. Morrisson updated the Board of Supervisors on the possible realignment of Township Line Road. East Pikeland has brought to the attention of Schuylkill Township and the Borough of Phoenixville the need to realign Township Line Road. Currently East Pikeland has a developer proposing approximately 250 homes in the Mowere Road area, Of the 250 homes, 125 of those homes will be accessing the development from Township Line Road. The developer has proposed escrowing $750,000 for potential intersection improvements to Township Line Road. East Pikeland, Schuylkill and the Borough have met twice to discuss the feasibility of the project. Four options were presented all with their own hurdles. The option with the least amount of environmental impact and costing the least amount of money is to use the option to use an abandoned railroad bed in Schuylkill Township as a roadway that would extend to Route 23. The new road would line up with the internal roadway for the Phoenixville Plaza that runs behind K-Mart and is adjacent to Sherwin-Williams. The project cost could be as much as $4 million, to be divided between the three municipalities. Although not a State roadway project, it will have an impact on Route 23. The municipalities will apply to the Transportation Improvements Program for funding.

Does the Board wish to take a position at the VFSA ZHB hearing on November 2, 2009 regarding construction of a building to house an ultra-violet disinfection system. Mr. Ledbetter did not see a reason to weigh in; Mr. Vutz felt it was prudent to allow the UV building; and Mrs. Cohen also stated that the Township did not need to weigh in. Residents of the Meadows at Valley Forge present at the meeting stated that if the construction of the building for the UV system would lessen the odor from the plant they saw no reason to be against it.

Chester County Association of Township Officials – Fall Convention, November 5, 2009. Mr. Ledbetter, Mr. Vutz and Mr. Morrisson will be attending.

The first budget meeting will be on Thursday, October 22 at 7:30 p.m.

Mrs. Cohen updated the Board regarding a meeting with the PASD, the Borough of Phoenixville and East Pikeland Township about increasing commercial development. The next meeting is October 26. Mr. Ledbetter stated that the group needs to coordinate their efforts with the Regional Planning Committee. Mrs. Cohen noted that she would try to attend the Regional Planning meeting to advise them regarding initiatives under discussion by the PASD ad hoc committee.

At 9:30 pm am Executive Session was convened by Mr. Vutz. Supervisors participating were Mr. Vutz, Mrs. Cohen, Mr. Ledbetter, Mr. Morrisson and Mrs. Williams. Also present were Mrs. Bird, Township Manager and Mr. Brennan, Township Solicitor.

The public meeting was reconvened at 10:30 pm. Mr. Vutz reported that employee matters were discussed.

There being no further business for discussion, the meeting was adjourned at 10:30 pm.

Respectfully submitted,

 

Mary R. Bird
Township Manager