The Schuylkill Township Board of Supervisors held their regular meeting on Wednesday, December 4, 2002 at 7:30 p.m. The meeting was held at the Township hall. Members of the Board present were Mr. Vutz, Mr. Ryan, Mr. Walters, Mr. Ledbetter and Mr. Colket. The Township Solicitor, Mr. Sugarman, and the Township Engineer, Mr. John Sartor, of Gilmore & Associates, were also present.

Public Participation: None

The minutes of the November 6, 2002 Board of Supervisors meeting, the November 13 and November 18 Budget meetings were received and approved on motion by Mr. Ledbetter, seconded by Mr. Colket, and passed.

Mr. Walters read the Treasurer's report. On motion by Mr. Walters, seconded by Mr. Ledbetter, and passed, the report was approved as received. There is a total of $1,871,756.89 in the various accounts of the Township. A budget meeting has been advertised for possible adoption of the budget on December 18 at 7:00 p.m.

Bills were presented and reviewed. On motion by Mr. Ledbetter, seconded by Mr. Colket, and passed, the bills were approved for payment.

Reports:

Police - posted. Mr. Ledbetter stated that the Township received notification from PennDOT that preliminary engineering has begun for the Route 29 reconstruction project with construction expected to start in 2005. The improvement is for approximately three miles of Route 29 between Charlestown Road and Pothouse Road in Charlestown and Schuylkill Townships. Mr. Ledbetter stated that he has received verbal notification from the DVRPC that the South White Horse Bridge may be reconstructed in the near future.

Roads - posted. The township has received a letter from Mr. & Mrs. Dolan of 61 Oakwood Lane requesting that the road surface be textured at the bend in the road near the intersection of Freedom View and Oakwood Lane. Mr. Cinciripino, the Township Roadmaster, stated that he is checking with Asphalt Industries as to the feasibility of tarring and chipping during the winter. He stated that another option is milling which he does not recommend. Mr. Colket suggested placing a 15 mph sign below the curve. Mr. Fetterman, the Township Chief of Police, stated that speed limit signs should be placed above and below the curve. Mr. Fetterman stated that since the signs are advisory they can be erected without an ordinance. Mr. Vutz advised that the Township should hold off on the oil and chip since it may not bond to the road in colder weather. Mr. Cinciripino stated that the oil and chip would be done in the summer.

On motion by Mr. Colket, seconded by Mr. Ledbetter, and passed, the Board authorized payment for the FL60 Dump Truck for $85,200.

Fire - posted. Mr. Beittel, the Township Fire Marshal, stated that the Fire Fighter of the Month was Mike Matta. Mr. Beittel stated that the new fire engineer went into service on December 1. Mr. Beittel thanked the Supervisors for their support in making sure that the hydrants on the Valley Forge Christian College Campus are operational. Mr. Yerkes of Yerkes and Associates, the Township Code Enforcement Officer, was asked by the Supervisors to report on the status of the hydrants before the December 18 budget meeting.

Recycling - Mr. Shaughnessy, the Township Recycling Coordinator, stated that the Township had a good turn out at the Leaf Compost site from residents dropping off leaves and branches as well as volunteers operating the site. Mr. Cinciripino stated that the tub grinder shared with East Pikeland will be at the site to grind the material that was deposited on the three leaf drop off dates.

Planning Commission - posted. Mr. Ledbetter stated that the Phoenixville Area School District will be on the agenda for the meeting on December 18.

Emergency Management - nothing to report.

Environmental Advisory Council - posted.

VFSA - Mr. Vutz stated that talks continue with the labor union.

Joint Board - nothing to report.

Regional Planning - Phoenixville Regional Transportation Study - Mr. Ledbetter stated that the Township has received the draft study from DVRPC and that it is consistent with the working sessions held with municipalities. Valley Forge Area Intermunicipal Planning - Mr. Ledbetter stated that there is not much activity although the group has come out with recommendations for roads east of the park. Intermunicipal Planning - Mr. Ledbetter stated that the group is looking for a "club house" and that the old municipal building may be well suited to hold regional meetings. Mr. Cinciripino stated that he is waiting for an estimate regarding repair of the floor in the meeting room. Mr. Ledbetter stated that the Township could rent the building to the Regional Planning group for $1.00 a year. He stated that the group is also looking for a recording secretary to take the minutes and do clerical work. Slip Ramp - nothing to report. The Township Secretary was asked to contact Charlestown Township regarding the status of the Memorandum of Understanding.

Deer Management - Mr. Goodman, chairman of the Deer Management Committee, stated that he walked the Pickering Preserve with Mr. Maddock of The Whitetail Associates, a bow hunting group. Mr. Goodman stated that a controlled hunt can be accomplished on the preserve. Hunting would be by the professional archery group that are registered and insured. Hunting would be between 6:00 a.m. and 10:00 a.m. Mr. Goodman advised that there are between 12 - 18 deer on the property. On motion by Mr. Ledbetter, seconded by Mr. Walters, and passed, the Board empowered Mr. Goodman to organize a controlled hunt and work out the details with the Chief of Police and report back to the Board of Supervisors with a full report as to what the hunters want to do but not conduct the hunt until approved by the Board and the Chief of Police. Mr. Morrisson of the Valley Forge Citizens for Deer Control stated that the State has mandated that hunters hunt at their own risk and that hunting groups carry liability insurance. He stated that there has never in the State been an injury to a non-hunter by a bow hunter. Mr. Goodman advised that there is no problem with the game commission with hunting on the Pickering Preserve.

Zoning Administrator - posted. Mr. Ledbetter stated that a workshop will be held on December 6 to review the proposed Township fee schedule. Open Records Policy - Mr. Ledbetter stated that the policy should point to the fee schedule for fees associated with the policy. He stated that there is no regulation in the policy as to what a person could request. Mr. Sugarman stated that the statute is specific in that a response to a request is needed from a municipality in five days but the work does not need to be done. The Township Solicitor was asked to check on the policy regarding emails, office hours and whether or not the fees have to be listed in the policy. Tom Potts' Zoning Hearing - Mr. Vutz stated that there is a history with the zoning officer monitoring Mr. Potts' Sunoco station at the intersection of Valley Forge Road. Mr. Vutz advised that the Township should make an appearance at the hearing for Mr. Potts' use of a property on North White Horse Road for a mechanic's garage to work on vehicles. He stated that the Township should head off replicating the appearance of the Sunoco at another site. Mr. Vutz requested that Mr. Yerkes attend the hearing on December 10 on behalf of the Township.

Code Enforcement - Russ Yerkes - posted.

Solicitor - School District Boundary - Mr. Sugarman stated that he has not received signed documents back from the Borough of Phoenixville. Mr. Ledbetter stated that he would take the documents to Mr. Messina, a borough council member. Public Facilities Zoning District - comments have been received by Mr. Sugarman. Pickering Preserve - Mr. Sugarman stated that the Township will need Chester County to do the proposed land swap of open space with the YMCA. Mr. Ledbetter stated that he would contact the County. Mr. Ryan questioned if the 20 acres to be given to the Township for the 10 acres of the Pickering Preserve is usable land that is equivalent to the Pickering Preserve. Mr. Sugarman advised that the State, since they contributed funds to the original purchase of the Pickering Preserve, may also need to agree to the land swap with the YMCA as well. South Second Avenue Water Line - Mr. Ryan stated that two property owners of three properties have declined to hook up to public water. He stated that there is an effort on PaDEP's part to get those homeowners to install public water. Mr. Ryan stated that as per the Township we could force them to connect to public water. PaDEP wants written guarantees that there is no liability on the State. Mr. Ledbetter stated that the Township should request a release from the homeowners and the Township should then amend its ordinance to exclude those property owners from receiving public water through the PaDEP grant. Mr. Colket stated that should those homeowners in the future want to sell their properties, the wells will have to be tested by the Chester County Health Department and at that time those homeowners may need to hook up at their expense to public water. Mr. Ledbetter stated that the Township should respect the residents' position. Mr. Sugarman stated that the Township needs formal documentation from PaDEP.

Supervisor Vacancy - Mr. Colket requested that Mr. Ryan stay on the Board of Supervisors to see the South Second Avenue Water Line project through. Mr. Ryan stated that he would be happy to stay on.

Subdivisions:

Moorehall - Schuylkill Township has not met the warrants to install a light at Moorehall Drive and Route 23. PennDOT has denied the Township twice, once on November 27, 2001 and after the Township supplied PennDOT with additional information at their request on September 27, 2002. The Township has held in escrow a $50,000 letter of credit from Rouse/Chamberlin Ltd for the installation of the traffic signal. On motion by Mr. Ledbetter, seconded by Mr. Ledbetter, and passed, due to not meeting warrants with PennDOT for the installation of a signal at Moorehall Drive and Route 23, the Board approved the release of the $50,000 to Rouse/Chamberlin.

Fernleigh - Mr. Brandolini stated that he will take care of all the open items that are listed in the November 25, 2002 Gilmore & Associates memorandum. Regarding the burned area near the development entrance on Springview Lane the Township will go to the vehicle owner's insurance company for repair of the damaged road. The Board will review and consider approval of the final escrow release #21 for the project on December 18.

Valley Forge Woods - Mr. Cappelli, of Toll Brothers advised the Board that Mr. Jason Yancy was not on the Homeowners' Association board anymore. Mr. Cappelli stated that the HOA has an attorney and he is currently reviewing the HOA's position. Mr. Cappelli advised that Mr. Civetella has asked that he speak to the Board on his behalf. Mr. Civetella would like to have the stormwater work done on his property even though the work is not finalized for the Valley Forge Woods development. Mr. Ledbetter questioned who would own the maintenance obligation for the Civetella property. He stated that if Mr. Civetella is willing to accept the maintenance, the Township needs to see evidence that he is accepting it. Mr. Vutz stated that his flexibility may help to get the situation resolved. Mr. Sugarman stated that an easement also needs to be given by Mr. Civetella to the HOA. Mr. Sugarman stated that Mr. Civetella can give the HOA an easement without them accepting it. Mr. Ledbetter stated that Toll's attorney should work with the Township Solicitor to draft easement language. Mr. Ledbetter stated that it is in the HOA's best interest to accept the maintenance on the Civetella property. Mr. Ledbetter stated that he would be happy to meet with new HOA board. Mr. Vutz stated that the problem is that the HOA is asked to take over maintenance of something that is outside the Valley Forge Woods development. Mr. Sugarman asked that Mr. Cappelli send him the documentation regarding covenants for the development. Mr. Ledbetter stated that the first casualty of stormwater problems after the Civetellas' is roadways within the Township.

Horseshoe Pointe - Mr. Ledbetter stated that Mr. Zoller, an adjacent property owner, has an engineer looking at the site. A site meeting is scheduled for December 13 with the Township engineer and developer to review stormwater issues.

YMCA - Mr. Schaeffer stated that he will be coming forward with a plan in conjunction of the proposed Public Facilities Zoning Ordinance. Mr. Schaeffer stated that the Township Planning Commission unanimously endorsed the concept of the Public Facilities Zoning, the land swap concept between the YMCA and the Township and the concept of the YMCA master plan. On motion by Mr. Ledbetter, seconded by Mr. Colket, and passed, the Board granted an extension for review of the land development plan for the YMCA facility located on Pothouse Road to March 7, 2003.

Freedom Valley Girl Scouts - On motion by Mr. Ledbetter, seconded by Mr. Colket and passed, the Board granted an extension for review of the Freedom Valley Girl Scout Council Land Development plan to February 7, 2003.

Valley Forge Deli - On motion by Mr. Ledbetter, seconded by Mr. Walters, and passed, the Board granted an extension for review of the final plans for the Valley Forge Delicatessen on Valley Forge Road to February 7, 2003.

Mortimer/Sparhawk Subdivision - on motion by Mr. Ledbetter, seconded by Mr. Ryan, and passed, the Board granted an extension for review of the four-lot subdivision on South Second Avenue to January 10, 2003. The consensus of the Board was not to discuss the matter at the December 18 budget meeting. Mr. Sartor stated that he has met with Mr. Smith of Conver and Smith and Mr. Sparhawk to go over the recent review letter and discuss drainage issues. Mr. Sartor advised that Mr. Sparhawk is willing to upsize the stormwater pipe will be increased from 15" to 18" in diameter. Mr. Ryan questioned if any changes to the plan would hamper the public water installation project with PSW and PADEP. Mr. Sartor stated that he will call Mr. Smith. Mr. Ledbetter stated that a preliminary plan approval is conditioned upon the developer not interfering with the water line installation. Mr. Sartor stated that the developer and his engineer have the same information that the Township has.

Piazza/Barnaik Subdivision - On motion by Mr. Ledbetter, seconded by Mr. Colket, and passed, the Board granted an extension for review of the two-lot subdivision located on Jug Hollow Road to March 7, 2003.

Old Business:

Pension Resolution for 2003 - On motion by Mr. Ledbetter, seconded by Mr. Colket and passed, the Resolution Eliminating/Reducing Police Officers' Contributions to the Police Pension Plan for 2003 as required by State Act 600 was approved with a 3% contribution by all employees, up from 2.5% for 2002, to the Police and the Non-Uniform Pension Plan.

New Business: As per the agenda there was no new business for the Board to address. However, residents and parents of Schuylkill Elementary School children in attendance at the meeting spoke with the Board regarding the Phoenixville Area School District's proposal for a new school.

Mrs. Diane Masucci, a resident of Guilford Circle questioned why the Board of Supervisors hired a consulting firm for $2,200 to review the elementary school. Mr. Sugarman stated that, Vitetta, an architectural firm specializing in historic preservation was hired to assess the reuse of the old building of the Schuylkill Elementary School. Mr. Sugarman advised that Vitetta is a premier firm in the East Coast area in assessing architecture. Mr. Ledbetter stated that the report will be made public after review by the Board of Supervisors. Mr. Ledbetter stated that the Phoenixville Area School District is behaving mercenary and that they have no plans for the adoptive reuse of the older part of the school. He stated that in hiring Vitetta the hope was to get an objective answer. Mr. Ledbetter stated that the PASD has zero willingness to reuse the building and the Township had no choice but to undertake its own review. Mr. Ledbetter stated that after the zoning hearing board meeting, he, Mr. Vutz and Mr. Reading of the Planning Commission has a great meeting with Dr. Noyes and the PASD consultants for the project. Mrs. Masucci stated that it would cost the school district $1.5 million to $3.7 million to save the school. Mr. Ledbetter stated that the building should be saved for a purpose and that the school district should define what to do with it. Mr. Ledbetter advised that the Township is not trying to pick a fight and it is not trying to save a building with no value. Mr. Ledbetter stated that the PASD, parents and the Township need to collaborate to come up with a conducive reuse. Mr. Ledbetter advised that the renovation amount is a guess since no objective has been given for the building. He stated that there is no relevance to the number without knowing what renovation is needed. Mrs. Masucci questioned if the Township had surveyed Township residents with concern to the school and whether the building should be saved. Mr. Vutz stated that the Township has not done a survey but that residents could submit a petition. Mrs. Masucci stated that her daughter currently attends the Schuylkill Elementary School and that it is potentially unsafe. She stated that there are exposed pipes, no security and that children and teachers are breathing mold.

Mrs. Jeanne Schanzenbach of Nathan Hale Drive stated that every issue ought to be explored. She questioned where the money was going to come from to pay for renovating the building for an adoptive reuse. Mrs. Schanzenbach stated that the PASD is proposing to build a new building with an attractive look. She questioned if the Township is willing to put up money for the renovation. Mr. Ledbetter stated that Barkley Elementary School renovation was paid for by taxpayers from Phoenixville Borough, East Pikeland and Schuylkill Townships through PASD. Mr. Ledbetter advised that the concept of making Schuylkill Township responsible for Schuylkill Elementary School but not for Barkley is inequitable. He stated that the Township must be prudent custodians of what it has and the Township understands that it is using taxpayers' money. Mrs. Schanzenbach questioned how much control the Township has with this project. Mr. Ledbetter stated that the Township owns land planning. If the school district stays within the ordinances those rights prevail. Mr. Ledbetter advised that the Township is not arguing the non-conforming use. Mr. Ledbetter stated that the proposed 50' roof peak that is higher than the 35' allowed by ordinance in the Township would require the Township to buy a new ladder truck and a new building to house such a large vehicle so that the building has fire protection. Mrs. Schanzenbach stated that people are making assumptions with regard to the school. Mr. Ledbetter stated that the PASD is not in a standoffish mode and that the PASD and the Township are working together to build a school that everyone can be proud of.

Mrs. Nancy McAvoy of Picket Post Lane questioned how high the Phoenixville Area Middle School is. Mr. Ledbetter stated he did not believe it was higher than 35'. Mrs. McAvoy stated that if the project did not move forward there will be a delay in the construction of the new building. She stated that there are currently maintenance issues in both the upper and lower school buildings. Mr. Ledbetter stated that if there are health issues in the school, the Township could close the school if it is a health crisis. Mr. Ledbetter stated that the PASD needs to get through the fact gathering phase including traffic circulation in and around the site. Mrs. McAvoy questioned the reuse of the old building considering the potential health issues. Mrs. McAvoy stated that the PASD is trying to eliminate the problem and are spending additional monies to have the school tested on a regular basis. Mr. Sugarman questioned if anyone is looking into doing more to alleviate the problem. Mr. Ledbetter stated that the PASD is already going to extreme lengths. Mrs. McAvoy stated that the school is as safe as the PASD can make it. Mr. Sugarman stated that it was his understanding that the school is on a sound foundation and that the peripheral leaks have been corrected. Mr. Ledbetter stated that the gating factor is not adoptive reuse, the gating factor is land planning. He stated that the Township collaborating with PennDOT on traffic issues that will benefit the school. PennDOT is currently planning for the reconstruction of Route 29 in 2005. Mr. Ledbetter stated that he has also heard that the bridge on South White Horse Road may also be reconstructed. Mr. Ledbetter stated that the Township is offering its assistance to ensure that the work to be done is enough and the best that PASD can do. Mr. Ledbetter stated that the Township is not trying to buy more time but it is trying to alleviate apprehension. Mrs. McAvoy stated she wants to be sure the project is moving forward. She stated that PASD is learning as they go through the process. Mr. Sugarman stated that the architects for the PASD know that plans have to come to the municipality on a timely basis. Mr. Sugarman advised the audience that the parents of Schuylkill School need to monitor the PASD to make sure that they are moving forward.

Mrs. Marquart of Magnolia Drive questioned why the school was unsafe. Mr. Ledbetter stated that he did not think the school was unsafe. He stated that there was a period when maintenance was done on the building and dampness may have turned into a mold problem. Mrs. Marquart stated that there are documents available to the public through the PASD. Mr. Ledbetter stated that the plans were first presented to the Township over the summer. Mrs. Marquart stated that the timeline is much shorter than what is being portrayed by the PASD and the parents present at tonight's meeting. Mr. Ledbetter stated that the PASD needs to know where to put the proposed building so that it knows where to install the modular classrooms. Mrs. Marquart stated that she thought it was great that the parents are getting involved. She advised that they should ask the PASD how long they have known that they needed a new school. Mr. Ledbetter advised that Dr. Noyes is taking a long term view of the school district and that plans are running behind through no fault of his own. Mrs. Marquart stated that there may be funding available for historic preservation of the school.

Mrs. Judith Werner of Hawthorne Lane stated that she would like to see a new school. She stated that the area has a wonderful school district and she believes in Dr. Noyes. Mrs. Werner asked that the Township and the PASD work together.

Mrs. Beth Leech of Manor Lane stated that it is important that parents speak out on the subject. She applauded the Board of Supervisors for their efforts.

Mr. Ledbetter stated that Dr. Noyes has made himself available to the Township. He stated that the PASD job is to hire consultants to help them build a school. Mr. Walters stated that the Township can give the PASD the ordinances they need to go through to build the school. Mr. Ledbetter stated that the Township has nothing for land planning submitted from the PASD that can be reviewed and commented on. Mr. Walters stated that the Township hired a consultant so that it can make a valid decision regarding the school. Mr. Walters stated that he cares about the safety of the kids attending the school. He stated that both he and his father before him attended Schuylkill Elementary School. Mr. Ledbetter advised the audience that Great Valley School District projected the Charlestown Elementary School to cost between $6-7 million. The project is currently at $18 million.

Mr. Stanley Martin of Picket Post Lane stated that the Board of Supervisors is trying to help the residents of the Township. He stated that Dr. Noyes has acquired a problem and all the PASD has to do is ask for help. Mr. Vutz stated that the PASD and the Township have established an understanding. Mr. Ryan stated that the PASD should be prepared and that the Township cannot act on unprepared information.

Mrs. Masucci questioned why the school district needs to do a traffic study when the building is projected to house 120 more students. Mr. Ledbetter stated that although the school is adding a limited number of trips the PASD needs to look at what is happening around in the community. Mrs. Masucci questioned why the Township did not call PASD regarding what their plans were for the school. Mr. Ledbetter stated that the PASD has the Township's ordinances. Mrs. Masucci questioned why the fall 2002 newsletter advocated a certain point of view. She stated that the historical article was propaganda and that the newsletter should be factual. Mr. Ledbetter stated that she cannot insult the Board of Supervisors and he asked that she stop berating the Township and that her comments would be duly noted. Mr. Vutz stated that the Township will treat the PASD like any other developer. Mr. Galloway Morris of Buckwalter Road stated that $2,200 for a consultant was a small amount to pay compared to the money that will be spent on the project. Mr. Sugarman advised that people in Pennsylvania are entitled to historic preservation by the State government and that the Township government is there to ensure that historical preservation is part of projects such as the school. Mr. Ledbetter stated that the draft Public Facilities Zoning that the YMCA has presented to the Township would help the PASD as well by releasing it from its current non-conforming status as well as other changes proposed by the ordinance would also accommodate the site. Mr. John, a former Board of Supervisor member and also a former PASD employee, stated that he has spoken with Dr. Noyes for a year regarding development by the school district. Mr. John stated that they need to follow the zoning ordinance and the subdivision and land development ordinance.

At this point in the meeting the Board went into Executive Session. Upon their return, Mr. Vutz stated that employee matters were discussed.

There being no further business for discussion, the Board adjourned the meeting at approximately 11:30 p.m.

Respectfully submitted,

Mary R. Bird
Township Secretary