SCHUYLKILL TOWNSHIP
BOARD OF SUPERVISORS
MEETING DATE: October 3, 2018

Duly advertised in The Pottstown Mercury and posted at www.schuylkilltwp.com

In Attendance

Board of Supervisors – Martha Majewski- Chair, Fred Parry – Vice Chair, Jim Morrisson – Treasurer, Mark Donovan, Susan Guerette

Township Administration – William Brennan, Esq. – Township Solicitor, John Sartor, P.E. – Township Engineer, Kimberly Yocom, Assistant Township Secretary/Zoning Administrative Officer.

Other Township Representatives Present – Rick Beittel – President Valley Forge Volunteer Fire Company, Nick Cinciripino – Roadmaster, Chief James Fetterman – Schuylkill Township Police Department, Edward M. Mentry, Jr. – Schuylkill Township Manager Appointee

Call to Order

The monthly public business meeting was called to order at 7:30 p.m. with the Pledge of Allegiance. The meeting was chaired by Supervisor Majewski

Township Manager Appointment

Upon Motion made by Supervisor Majewski, seconded by Supervisor Parry, and unanimously passed, the Board of Supervisors approved the appointment of Edward M. Mentry, Jr., to the position of Schuylkill Township Manager, effective as of October 29, 2018.

Consent Agenda

  1. Approval and acceptance of the September 5, 2018 Board of Supervisor Regular Meeting Minutes, the September 19, 2018 Special Meeting Minutes and the September 27, 2018 Work Session Meeting Minutes
  2. Acceptance of all department, committee, commission and council reports as posted and received by the Board of Supervisors for the month of September 2018.

Upon motion by Supervisor Morrisson, seconded by Supervisor Donovan, and unanimously passed, the Board of Supervisors of Schuylkill Township approved and accepted the Consent Agenda.

Board Member Reports

Environmental Advisory Council – Supervisor Majewski informed the Board that they are looking for volunteers for the Clean Up day scheduled for October 27, 2018. They will be focusing on Route 29 between Pothouse Road and Buckwalter Road. The EAC attended the Green Festival in Phoenixville Borough last weekend and it was a very well attended event.

Open Space Commission – Supervisor Morrisson informed the Board that they are continuing to work with Natural Lands Trust in redeveloping our ordinances do give homeowners and developers more options in designing with open space as a focal point.  Supervisor Morrisson encouraged attendance to the Board of Supervisors work session on 10/25/18 and 11/29/18 at 7:00 p.m.

Regional Planning Committee – Supervisor Donovan reported the next meeting is October 24, 2018.

Treasurer’s Report and Payment of Bills

Supervisor Morrisson, Treasurer, reported to the Board that as of September 30, 2018, the Township’s general fund shows a balance of $3,922,227.26 Supervisor Morrisson reported that the bills for September 2018 have been reviewed and he recommended payment of these bills.

Upon motion by Supervisor Parry, seconded by Supervisor Guerette, and unanimously passed, the Board of Supervisors of Schuylkill Township approved and accepted the Treasurer’s Report for the period ending September 30, 2018, and authorized payment of Township bills for the period ending September 30, 2018.

Board Discussion Items

Old Business

Legal Matters

Solicitor Brennan updated the Board on the Reeves/Sedgely Farm development. The developer has to file their brief regarding the PRD ordinance within approximately two weeks. Wawa was discussed in executive session.

Engineering Matters

Schuylkill Township Valley Park Improvements Project Construction Contract – John Sartor read the bids received for the Valley Park project and recommended the bid from James R Kenney Excavating & Paving Inc in the amount of $333,100.00 be accepted.  The bid is authorized by the County and approved. Supervisor Morrisson asked what the start date is for construction on Valley Park. John Sartor said thirty (30) days from the award date to break ground. Construction can go through the winter months, weather permitting.  Supervisor Guerette asked how this is being funded, who is paying for the work on Valley Park Park.  John Sartor advised that the township received a $100,000.00 grant and the remaining $233,100.00 will be funded from the township.  The township has applied for a second grant in the amount of $110,000.00.  When construction is completed, the township will have a useable park with bike trails, walking tails, educational signage, gathering areas, parking, etc.  John Sartor stated this project has been years in the making.  Upon motion by Supervisor Parry, seconded by Supervisor Guerette, and unanimously passed, the contract award for the Schuylkill Township Valley Park Improvements Project be awarded to James R. Kenney Excavating & Paving Inc contingent upon a compliance review by the Township Manager and Township Engineer.

Update - Creek Road Repair Project – Solicitor Brennan updated the Board on the status of the notice send to the YMCA to remove the log jam which is causing flooding and erosion to the embankment which is undermining the roadway.  The YMCA has requested a 30 day extension to the 15 day time frame that was given to fix the log jam. The YMCA has hired and engineer but they are requesting more time to fix the problem. Supervisor Parry asked Township Engineer Sartor if this extension will be an issue to the road repairs that the township needs to do.  John Sartor advised it will not affect the road work that will be done. John Sartor advised the Board that the Township has received the emergency permit from DEP on 10/3/18.  John Sartor explained to the Board the repairs that will begin immediately to Creek Road. A wire mesh system with an anchor rod system will be placed over the slop and drilled into the embankment. It will begin and the second guiderail and end at the creek. Boulders will be placed at the base of the embankment to help prevent future erosion.  Grant money is not available.

Supervisor Morrisson made a motion to approve the YMCA’s request for a 30 day extension to complete the required maintenance of the creek. Supervisor Parry seconded the motion and it was unanimously passed.

Update – Charlestown/Bridge/Pothouse Traffic Signal project – Construction has begun on the ramps and curbing along this intersection.

2018/2019 Equipment Rental & Snow Removal Contract

Supervisor Morrisson opened the sealed bids for the 2018/2019 Schuylkill Township Equipment Rental and Snow Removal Contract.  One bid was received in the amount of $284,000.00 from Cedar Springs Construction. Supervisor Majewski asked Township Roadmaster why the Township only received one bid.  Roadmaster Cinciripino stated that he did not know, that it was bidded out legally and duly advertised.  Supervisor Guerette did not like that there is only one bid. She felt that is not a good way to do conduct business and how does the township know that is a good bid.  Roadmaster Cinciripino advised the Board that the $284,100.00 is average and about the same as last year’s bid. This company has been the only bidder to the township for at least the past ten years. The rates haven’t been raised and are reasonable.  The contract includes all equipment as needed for snow removal and paving. Supervisor Guerette would still like the Township to look into this more. 

Supervisor Majewski made a motion to award the 2018/2019 snow removal and equipment contract to Cedar Springs Construction contingent upon a bid compliance review by the Township Manager, Roadmaster and Township Engineer. Supervisor Morrisson seconded the motion and it was unanimously passed.

New Business

2018/2019 School Crossing Guard Agreement – Solicitor Brennan advised the Board that the Agreement with the Phoenixville Area School District regarding the one crossing guard was that the PASD would pay 70% of the crossing guard salary/expense and the township would pay 30%. State law states that the municipality and school must share the cost equally, therefore the agreement will be changed to state the township will pay 50% and the PASD will pay 50%.  Supervisor Majewski made a motion to approve the agreement with the PASD. Supervisor Parry seconded the motion and it was unanimously passed.

Animal Protective Services Agreement with Brandywine Valley SPCA – Supervisor Parry made a motion to approve the contract with Brandywine Valley SPCA to provide animal control services to the Township for the annual fee of $1639.00, plus a fee of $100.00 per stray brought in the facility from the township. Supervisor Morrison seconded the motion and it was unanimously approved.

Open Space Appraisal – Supervisor Morrisson made a motion for the approval for the expenditure of up to $12,000.00 of open space funds for a property appraisal on “Parcel N”. The appraisal must adhere to township zoning ordinances and SALDO requirements. Supervisor Parry seconded the motion and it was unanimously passed.

Appointment of Open Space Commission Member – Consideration of Claudia Kiernan, township resident, as an alternate member of the Schuylkill Township Open Space Commission.  Supervisor Parry made a motion to appoint Claudia Kiernan as an alternate member, Supervisor Donovan seconded and it was unanimously passed.

Resolutions/Ordinances

Green Light Go - Supervisor Parry made a motion to adopt Resolution 2018-16, Authorization to Execute 2017 Green Light-Go grant agreement and other grant related documents. Supervisor Morrisson seconded the motion and it was unanimously approved.

Road Signs – Discussion regarding placing a truck traffic prohibited sign on Mill Road took place between Supervisor Parry and Chief Fetterman. Chief Fetterman stated that this will restrict commercial truck traffic, but deliveries to residences are exempt.  There will also be an addition of a stop sign on S. Spring Lane.  Supervisor Parry made a motion to enact Ordinance 2018-02, addition of a stop sign on South Spring Lane and Restriction of truck traffic on Mill Road.  Supervisor Morrisson seconded the motion and it was unanimously approved.

EAC Membership – Supervisor Morrisson made a motion to enact Ordinance 2018-03 regarding the Environmental Advisory Council membership. Supervisor Majewski seconded and it was unanimously approved.

Subdivision/Land Development

The Phoenixville Area School District appeared before the Board to request a waiver from land development to construct a pavilion over an existing playground area at the Schuylkill Elementary School.  Ken Gibson appeared on behalf of the School District.   The pavilion will be a wooden structure with a metal roof over existing impervious area.  Solicitor Brennan advised the Board that any improvements to non-residential properties according to the MPC requires land development. Solicitor Brennan stated that there is case lase that allows discretion to waive land development requirements for minimal improvements.  John Sartor stated that it is not an impervious issue. Ken Gibson did appear before the Townships Planning Commission and they recommended a waiver of land development. Supervisor Parry made a motion to waive the land development requirement for the playground pavilion at the Schuylkill Elementary School, located at 290 S. Whitehorse Road. Supervisor Morrisson seconded the motion and it was unanimously approved. 

The Phoenixville Area School District also requested a waiver from land development for the proposed Life Skills Center located at 33 W. Pothouse Road. Chris Jensen from T&M Associates explained the additional impervious coverage is minimal. The addition to the structure will be over an existing patio. The Townships Zoning Hearing Board has already approved the waivers needed, and the Planning Commission also recommended a waiver of land development.  Solicitor Brennan advised the Board this would also be the Boards discretion as the improvement to the property is minimal.  Supervisor Parry made a motion to waive the land development requirement for the proposed Life Skills Center located at 33 West Pothouse Road. Supervisor Guerette seconded the motion and it was unanimously approved.

Announcements

Supervisor Majewski stated that the construction at Pothouse/Bridge/Charlestown should be approximately another 30 days, weather permitting.  Creek Road will be closed on 10/15/18 for approximately 8 weeks due to repairs to the bridge. The repairs are being done by Chester County.  The Schuylkill Township Police Association will be holding their second annual food drive during the month of October. Donations will be accepted at the township building and the STPA will distribute the food to local organizations.  Valley Forge Volunteer Fire Company will be holding an open house on 10/8/18 at the main Fire House on Valley Park Road for fire prevention week.

Public Comment

Mr. Dominic Tamarro, 1216 Township Line Road, approached the Board regarding stormwater run-off from Township Line Road. He stated that the problem has gotten worse and that it floods out his property and the neighbors surrounding him.  Mr. Tamarro stated that the road was recently paved and when they milled the road they removed a small berm that had helped (not completely alleviated) the water run-off.  He asked them to replace the berm and they advised him they would not.  Nick Cinciripino, Schuylkill Township Roadmaster, advised the Board and Mr. Tamarro that East Pikeland Township is responsible for the maintenance of that section of Township Line Road per an agreement from the 1970’s between Schuylkill and East Pikeland.  Mr. Tamarro advised he came to Schuylkill Township and was referred to East Pikeland. East Pikeland Township will not do anything. He asked the Board to do something as he is a resident in Schuylkill Township.  Supervisor Guerette explained the township cannot fix water issues on private property and if the township did it would go bankrupt. She advised Mr. Tamarro to contact his state representatives, senators, etc., as the Board is just a small group and cannot financially handle all the stormwater complaints.  Supervisor Guerette advised Mr. Tamarro that he can do anything on his property to control the run-off.  Solicitor Brennan advised Mr. Tamarro to consult with the township before doing anything to make sure it’s outside of the right of way and meets any permit requirements.   Supervisor Morrisson asked if the Township Roadmaster and Engineer could meet with East Pikeland regarding the drainage of Township Line Road and this property.

Mr. Ross Walker 45 Freedom View Lane, and Mr. Mark Gerner 49 Oakwood Lane, approached the Board regarding the stormwater problems they and their neighbors are having. There are existing stormwater inlets on Freedom View Lane which drain into an above ground basin near Oakwood.  Their neighborhood is experiencing erosion of the steep slopes from the stormwater. They want to control the runoff and direct it into the exiting inlets via pipes. The neighbors would get together and fund this project at their expense.  John Sartor advised that they cannot connect to the townships basin without an engineering analysis showing that the basin is sized to handle the additional volume of water.  He recommended that the homeowners hire an engineer and then have the Township Engineer review the analysis.

At this time, 8:55 p.m., the Board adjourned to Executive Session.

The Board reconvened their business meeting at 9:30 p.m. Potential litigation and personnel matters were discussed. Solicitor Brennan and the Board went over the stipulation of conditions that the Board put on Whitehorse LLC (WAWA) and what Solicitor Brennan is authorized to negotiate and what is to be determined by the court.   Negotiations to # 10, 11, and 13 authorized; 25 and 26 removed; 27, 28, 29, and 30 to be determined by the court; 31 and 32 to be negotiated; 34 and 35 to be determined by the court. Opposed by Supervisor Guerette and Supervisor Morrisson. No motion made.

With no further business to discuss, a motion was made by Supervisor Parry to adjourn the meeting. Supervisor Morrisson seconded the motion, all approved.   Meeting was adjourned at 9:37 p.m.

The next Board of Supervisors Work Session Meeting is Thursday October 25, 2018 at 7:30 p.m.

The next Board of Supervisors Regular Business Meeting is Wednesday, November 7, 2018 at 7:30 p.m.

Respectfully submitted,

Kimberly J. Yocom
Zoning Administration Officer/Building Code Official
Assistant Township Secretary