MINUTES OF A REGULAR MEETING OF THE BOARD OF SUPERVISOR
SCHUYLKILL TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA
MEETING DATE: September 7, 2011

BOARD MEMBERS PRESENT:  Barbara Cohen, Chair, Norman Vutz, Vice Chair, Fred Parry, Treasurer, Jim Morrisson, and Laurie Williams

Also present:  Mary Bird, Township Manager, William Brennan, Township Solicitor, John Sartor, Township Engineer, Jim Fetterman, Chief of Police, Rick Beittel, Jr., Fire Marshal, Sandy Momyer, Chair, Historical Commission.

CALL TO ORDER

The meeting was called to order by Mrs. Cohen at 7:30 p.m. Mr. Morrisson stated that he was video recording the meeting.

ANNOUNCEMENTS

Mrs. Cohen thanked the Valley Forge Volunteer Fire Department, the Police Department and the Road Department for their assistance during Hurricane Irene.  Mr. Parry stated that the Township has one of the finest Emergency Management teams. He echoed Mrs. Cohen’s thanks to the departments.

Mrs. Cohen announced that on September 13, 2011 the Schuylkill River Heritage Center will present the progress being made to complete the Schuylkill River trail.

Mrs. Williams stated that she is suing Mrs. Cohen and Mr. Morrisson for slander.  She stated that there are numerous factual slander items in the August 3, 2011 minutes.  Mr. Vutz advised that Mrs. Williams’ objections are to the resolutions regarding her censure and request for resignation and the action that the Board took and not the minutes themselves.  Mr. Parry stated that the matter should be discussed in executive session. Mrs. Williams stated that she preferred to discuss the matter in the sunshine but will do it in executive session.

Mrs. Williams stated that the Freedom Foundation has many trails.  She stated that she recently participated on the panel for the Eisenhower Award for humanitarian efforts.  She stated that she would like the Township to recommend Mr. Khalil Hihi of the Historical Commission for that award for his photography and documentation of historic structures in the Township.

CONSENT AGENDA

  • Approval of the minutes of August 3, 2011 Board of Supervisors meeting
  • Approval of Payment of Township bills for Period ending August 31, 2011
  • Acceptance of Department, Committee, Commission and Council reports as posted and received by the Board of Supervisors

Motion to approve Consent Agenda. Mr. Vutz moved to approve the Consent Agenda.  Mr. Morrisson seconded.

Motion Vote:  The motion to pass the Consent Agenda passed 4-1-0 with Mrs. Williams dissenting.

  • Treasurer’s Report.   Mr. Parry gave an overview of the General Fund finances. He advised that the gap that the Township had in receiving Earned Income Tax monies has closed.  To date overall, the Township has received approximately $5 million in revenues and has expended approximately $3 million. The first budget meeting was set for September 22, 2011 at 7:30 pm.  Mr. Parry requested that Payment of bills be moved out of the Consent Agenda and into the Treasurers Report portion of the meeting.
  • On motion by Mr. Parry, seconded by Mrs. Williams, and passed, the Board of Supervisors approved the release of $33,888.40 to the Pickering Glen Homeowners Association for the paving of the trail.  Mr. Lemker expressed his thanks to the Board of Supervisors.
  • On motion by Mr. Parry, seconded by Mrs. Williams and passed, the Board of Supervisors approved the expenditure of $308,830 from the Valley Forge Volunteer Fire Company Capital Fund for the purchase of a new Pumper truck. The total cost of the truck is $610,666. 

PUBLIC PARTICIPATION

Mrs. Marlou Gregory stated that residents of White Horse Road received no notification that White Horse Road was to be milled in anticipation of paving. She requested that the Township get the exact schedule from PennDOT and post it on the township website.  Chief Fetterman stated that the Creek Road traffic light is not functioning properly because the traffic signal loop detectors were cut by PennDOT when White Horse Road was milled.  The loops will be repaired by PennDOT.

BOARD DISCUSSION ITEMS

  • Old Business

•           Bid opening for repair to Valley Park Pavilion stone walls. The following bids were received:

Contractor Base Bid Alternate #1 Total Bid
CRJ Construction $6,975 $11,300           $18,275
J. Dugan, Inc. $26,065           $17,835          

$43,900
Highline Construction $23,965 $11,982           $35,947
Old Philadelphia Assoc $18,200           $37,300          

$55,500
Powder Valley Contractors $8,500 $15,950          

$24,450          

Schneider Restorations $24,300           $24,300           $48,600

Motion: Mr. Parry moved to award the bid for both the base bid and alternate #1 to CRJ Construction for a total amount of $18,275 contingent on references being checked; if the contractor references are lacking, the bid is to be awarded to next lowest bidder.

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

  • Discussion regarding Schuylkill School cupola.  Mrs. Momyer stated that she and the Township Manager met with PASD representatives regarding the cupola and the proposed pedestal and patio to be installed under the cupola. The PASD is still committed to the project. However, the last two bids for the project came in very high and the PASD rejected the bids.  Mrs. Momyer advised that the PASD would like the Township to bid the restoration of the cupola and the PASD to bid the pedestal and patio.  Mr. Vutz stated that the PASD owns the cupola and the ground on which the memorial will be placed.  Mr. Morrisson stated that splitting the project - stone work and wood restoration - made sense but splitting it between the entities did not make sense.  Mrs. Williams stated that Friends of Schuylkill School (FOSS) should raise the money.  Mrs. Momyer stated that FOSS, a 501.C.3 non-profit entity, was created and their mission was to save the entire school.  FOSS cannot now change its mission to do something else even if the school is now demolished. 

The motion was tabled.

  • New Business

• Accept the resignation of Mr. Richard Loughery from the Board of Auditors.

Motion: Mrs. Williams moved to accept the resignation of Mr. Richard Loughery from the Board of Auditors. Mr. Parry seconded.

Motion Vote: The motion passed 5-0-0

  • Ms. Lorri Sarosy, 610 Pennypacker Avenue, Stream behind her property.  Ms. Sarosy stated that two years ago the stream behind her property flooded her backyard to only a couple of yards from her house. Last year the situation got worse.  She advised that debris and trash float downstream and are deposited into her yard. Ms. Sarosy stated that she has tried digging out rocks from the stream to alleviate some of the water problem but to no avail.  She stated that the flooding occurs when the flash storms occur. She advised that water does recede quickly when the rain event has passed. Mr. Morrisson stated that this is an opportunity for stormwater education to learn about techniques to ameliorate flooding. He suggested that the Township Environmental Advisory Council look at each property along the stream.  The Township can then communicate with property owners about an educational forum. Ms. Sarosy stated that the volume of water is coming from somewhere upstream. Mrs. Hernon of Henredon Drive stated that the Chester County Conservation District may be of some help to her and her neighbors. Mr. Vutz stated that there has been no development upstream within the development. Mr. Morrisson explained the geography of the stream.

    Mr. Parry stated that he was not in complete agreement with Mr. Morrisson. He advised that getting other commissions and entities involved muddies the waters. Mrs. Gregory, chair of the EAC, advised that the stream behind Ms. Sarosy’s house is not mapped by FEMA.  It is considered a feeder stream. She stated that the role of the EAC would be educational. Mr. Morrisson stated that he would obtain the names of the property owners adjacent to the stream.  He asked that Ms. Sarosy be a conduit for her neighbors getting and receiving information. Mr. Shirkness of 602 Pennypacker Avenue stated that his basement floods because of the stream as well.

  • Approve the Police and Non-Uniform Pension Minimum Municipal Obligation (MMO) for 2012.

Motion:  Mr. Parry moved to approve the Police and Non-Uniform 2012 MMO. Mrs. Cohen seconded.

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

  • Approve Whitetail Associates to once again hunt in the Pickering Preserve during deer season.  Mr. Handforth of Drummers Lane questioned if the Township would allow hunting on the undeveloped Nolen property. Mrs. Cohen stated that it is not Township property and therefore would not require Township approval. She advised that the property owner, Nolen Companies, should be contacted by residents of the Meadows at Valley Forge regarding hunting on the Nolen property adjacent to Pawling Road.

Motion:  Mr. Morrisson made a motion to approve Whitetail Associates to hunt the Pickering Preserve provided all required documentation is submitted and other strictures of the township are met. Mrs. Cohen seconded the motion.

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

  • Legal Matters

Levin – the Levins have filed a post trail motion against the order from Common Pleas Court.  The Township has filed its brief in support of the order.

Higby – Mr. Brennan advised that there has been a change in counsel with the Township’s insurance company.  The Township is not named as a defendant in the case but the five sitting supervisors at the time the suit was filed are.

Reeves – Mr. Brennan advised that the Township is waiting for the State Supreme Court to decide the Township’s petition to review the matter.

  • Resolutions/Ordinances
  • Advertise ordinance #2011-10 authorizing participation in the Municipal Risk Management Workers’ Compensation Pooled Trust.  The Township Manager advised that the Township had passed a resolution last month to participate in the trust.  However, the Trust requires an ordinance to be passed.  She stated that the Township does have Workers Comp Insurance coverage under MRM. MRM needs the ordinance to be submitted to complete the paperwork.

Motion:  Mr. Morrisson made a motion to advertise Ordinance #2011-10.  Mrs. Cohen seconded the motion.

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

  • Adopt Resolution #2011-17 in support of PSATS Resolution #11-30 opposing the transfer of additional unfunded mandates from the Commonwealth to municipalities..

Motion: Mrs. Cohen made a motion to adopt Resolution #2011-17. Mrs. Williams seconded the motion.

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

  • Adopt Resolution #2011-18 in support of PSATS Resolution #11-64 to authorize municipalities to use up to 25 percent of open space fund revenues to maintain properties purchased through the open space program.

Motion: Mr. Morrisson made a motion to adopt Resolution #2011-18. The motion was seconded by  Mrs. Cohen.

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

• Subdivision/Land Development

• Mortimer/Sparhawk two-lot subdivision plan for South Second Avenue.  The plan had originally received conditional preliminary/final plan approval from the Township Board of Supervisors on October 3, 2007.  Mr. Tom Smith of Conver & Smith was on hand at tonight’s meeting to answer any questions from the current Board of Supervisors.  The consensus of the Board was that the plans were in order and once all conditions have been met in the Gilmore & Associates review letter of August 19, 2011 including the Land Development and Escrow Agreement, they will sign the plans and associated documents.

• Two-Minute Reports

 Mrs. Williams stated that she will be working with the Chester County Health Department on putting together health seminars to be held at the Township building.

• Additional Business

Mrs. Williams stated that she did not like the “From the Township Manager” section of the Fall 2011 Newsletter.  She stated that what was written goes against everyone’s First Amendment rights especially since what was written stated that the public should direct their comments and questions to the Chair. The Township Solicitor stated that the Board of Supervisors may set policy as to how the public addressees the Board.

At 9:30 pm, the Board of Supervisors went into executive session. Upon their return, Mrs. Cohen stated that personnel and litigation issues were discussed.

Mrs. Williams made a motion to rescind Resolutions 2011-15 and 2011-16 as approved by the Board of Supervisors at the August 3, 2011 meeting. She is contemplating taking a three month leave of absence.  The motion died for lack of a second.

Mrs. Williams stated that she would withdraw her lawsuit against Mrs. Cohen and Mr. Morrisson.

There being no further business for discussion, the meeting was adjourned at 10:30 pm on motion by Mr. Parry, seconded by Mrs. Williams and passed 5-0-0.

Respectfully submitted,

 

Mary R. Bird
Township Manager