SCHUYLKILL TOWNSHIP
BOARD OF SUPERVISORS
MEETING DATE: January 3, 2017

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

Board of Supervisors Members Present

Fred Parry - Chairman, Barbara Cohen – Vice Chair, Martha Majewski – Treasurer, Susan Guerette, Jim Morrisson

Also Present

Mary Bird – Township Manager, William Brennan, Esq.-Township Solicitor, Madeline Harbison-Township Secretary, Mary Lou Lowrie, P.E. – Township Engineer

Township Representatives Present

Nicholas Cinciripino-Schuylkill Township Roadmaster, Kim Colket – Treasurer, Valley Forge Volunteer Fire Company, Curt English-Schuylkill Township Planning Commission, Marc Faulkner - Schuylkill Township Building Code Official, Chief James Fetterman-Schuylkill Township Police Department, Fred Honigman-Schuylkill Township Emergency Management Coordinator, Morris Quigg-Schuylkill Township Planning Commission, James Shaughnessey-Schuylkill Township Recycling Coordinator, Gary Smith, Schuylkill Township Code Enforcement Officer (Keystone Municipal Services), Evan Taylor – Schuylkill Township Fire Marshall and Fire Chief, Valley Forge Volunteer Fire Company, Kimberly Yocom-Garcia, Schuylkill Township Zoning Administration Officer and

Call to Order

The monthly public business meeting was called to order at 7:45 p.m. with Supervisor Parry leading the Pledge of Allegiance.  The meeting was chaired by Supervisor Parry.    

Supervisor Parry advised the audience that meeting attendees not on the agenda who wished to address the Board of Supervisors will wait to be recognized by the Chair, then proceed to the microphone and identify themselves for the record.  Supervisor Parry further stated that statements to the Board will be limited to 3 minutes and comments by unrecognized persons will not be acknowledged.

Consent Agenda

  1. Approval and acceptance of the Minutes of the December 7, 2016 Board of Supervisors Regular Business Meeting and the December 28, 2016 Board of Supervisors Special Meeting.
  2. Acceptance of all departmental, committee, commission and council reports as posted and received by the Board of Supervisors for the month of December 2016.

Upon motion by Supervisor Cohen, seconded by Supervisor Majewski, and unanimously passed, the Board of Supervisors of Schuylkill Township accepted and approved the December 7, 2017 Board of Supervisors Regular Meeting Minutes.

Upon motion by Supervisor Cohen, seconded by Supervisor Morrisson, and passed with Supervisors Majewski and Guerette abstaining due to their absence from the December 28th meeting, the Board of Supervisors of Schuylkill Township accepted and approved the December 28, 2016 Board of Supervisors Special Meeting Minutes.

Upon motion by Supervisor Parry, seconded by Supervisor Cohen, and unanimously passed, the Board of Supervisors of Schuylkill Township accepted and approved all departmental, committee, commission and council reports as posted and received by the Board of Supervisors for the month of December 2016.

Board Member Reports

Environmental Advisory Council – Supervisor Majewski reported that the EAC did not meeting in December

Open Space & Planning Commissions – Supervisor Morrisson reported that the OSC met in December to discuss Parcel G.  The Planning Commission did not meet in December.

Phoenixville Regional Planning Committee – Supervisor Cohen reported no PRPC meeting was held in December.

Treasurer’s Report and Payment of Bills

Supervisor Majewski, Treasurer, advised the Board that as of December 31, 2016, the Township’s general fund shows a balance of about $3.4 million.  Supervisor Majewski reported that the checks for January 2017 have been reviewed and are ready to be signed. 

Upon motion by Supervisor Cohen, 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 December 31, 2016 and authorized payment of Township bills for the period ending December 31, 2017.

Announcements

Supervisor Parry made the following announcements:

The Schuylkill Township Police Department is holding a coat drive at the township building through mid-March.

Upon motion by Supervisor Parry, seconded by Supervisor Majewski, and unanimously passed, Supervisor Morrisson was appointed as the Schuylkill Township voting delegate to the 2017 PSATS Educational Conference and Trade Show.

Supervisor Cohen advised residents that on Tuesday, March 14, 2017 the Schuylkill River Heritage Center is hosting a presentation by the curator of the National Watch and Clock Museum.

Board Discussion Items

Old Business

Legal Matters

Solicitor Brennan advised the Board that there was nothing to report publically but requested an executive session for discussion of certain matters.

License Agreement – The Stove Shop

Upon motion by Supervisor Parry, seconded by Supervisor Cohen, and unanimously passed, the Schuylkill Township Board of Supervisors accepted and approved the Revocable Licenses Agreement between The Stove Shop Properties, L.P., 20 E. Pothouse Road, Phoenixville, PA  19460 and Schuylkill Township for the purpose of storage of wood products on a specific portion of The Pickering Preserve property, a township property.

Discussion - Traffic Calming Measures on Township Roads

Supervisor Parry asked Chief Fetterman what actions he has or will be taking on this topic.  Chief Fetterman advised the Board that he will be conducting speed/volume studies on Moorehall Drive and Powderhorn Lane within the next few weeks.

Ms. Harbison suggested to the Board that it may want to consider drafting a traffic calming measure policy to aid with decisions on requests brought before it on this topic.  Supervisor Majewski added that education should also be a key part of any policy.  Supervisor Morrisson told the Board that neighboring municipality, Tredyffrin Township, appears to make significant use of speed humps for traffic calming.  Supervisor Morrisson also said he thinks that creating islands in roads would be an effective control on speed.  Supervisor Guerette suggested that a poll be made of other municipalities’ policies on this matter.  Supervisor Morrisson commented that the majority of the traffic problem is due to pass-through commuters.

New Business

Proclamation – School Choice Week

Upon motion by Supervisor Majewski, seconded by Supervisor Morrisson, discussion ensued on the School Choice Week Proclamation.  The motion was denied by a unanimous vote.

Valley Forge Volunteer Fire Company Update

Fire Chief Evan Taylor presented the Board with a financial and operational update for the Valley Forge Volunteer Fire Company.  Mr. Brennan questioned how the merger with West End Ambulance Company was progressing.  Chief Taylor said it was on track, not as fast as anticipated due to grant issues but still moving along.  Chief Taylor asked if there were any questions.  Supervisor Majewski asked if there was any action needed from the Board of Supervisors regarding fire company business, specifically, in the West End merger.  Mr. Colket mentioned that right now it was a matter of shifting registrations, accounts, and other paperwork from West End to Valley Forge so no action was needed right now on that matter.  Mr. Colket stated that the fire company would be seeking to update their vehicle inventory with the purchase of a new engine with a shorter wheel base in order to more readily access some of the narrower lanes and drives in the township.  Further discussion ensued regarding items on the financial report.

Resolutions / Ordinances

Proposed Ordinance 2017-01

Upon motion by Supervisor Cohen, seconded by Supervisor Majewski, and unanimously passed, the Board of Supervisors approved the advertising of proposed Ordinance 2017-01 to establish 25 mile per hour speed limits on Tullamore Lane in Schuylkill Township, Chester County.

Subdivision / Land Development

Nothing to report.

Additional Business

Nothing to report.

Public Participation

Nothing to report.

Supervisor Parry called for a five minute recess at 8:25 p.m.

Executive Session

An executive session to discuss certain building code and zoning issues regarding the property located at 330 Pawling Road was called to order at 8:30 p.m. upon motion by Supervisor Cohen, seconded by Supervisor Morrisson and unanimously passed. Present were Supervisor Cohen, Supervisor Guerette, Supervisor Majewski, Supervisor Morrisson and Supervisor Parry. Also present were the Township Solicitor, Mr. Brennan, Township Manager, Ms. Bird, and Township Secretary, Mrs. Harbison. By invitation, Mr. David Faggioli, the property owner, was also present as well as Marc Faulkner, Schuylkill Township Building Code Official, Kimberly Yocom-Garcia, Schuylkill Township Zoning Administration Officer and Gary Smith, Schuylkill Township Code Enforcement Officer (Keystone Municipal Services).  The public meeting reconvened at 8:40 p.m. and Supervisor Parry announced the discussion with Mr. Faggioli would continue in public session.

330 Pawling Road

Mr. Brennan explained that the Board of Supervisors had invited Mr. Faggioli to tonight’s meeting to discuss certain activities taking place on his property located at 330 Pawling Road.  Mr. Brennan reviewed the timeline of the 330 Pawling Road project, commencing with the limited waiver of land development plans granted in November of 2015 in connection with the rehabilitation of the property, the difference of opinions on what was required to fulfill the conditions of the limited waiver and the scope of work being done on the site and to the agreement by Mr. Faggioli to split the cost of a site survey and plan between Mr. Faggioli’s company and the township.  Mr. Brennan stated that the township’s main concern was whether the Uniform Construction Code and/or the Schuylkill Township Building Code and Zoning Ordinances were being followed at the Pawling Road site and also that the concerns of the Chester County Conservation District were being addressed.  Mr. Brennan also said he had some concerns and questions regarding whether the prior business at that site, American Inks and Coatings, has been abandoned and whether the new business is of the same nature and type; is it a continuation of the previous non-conforming use.  Mr. Brennan closed by saying the purpose of this discussion is to determine whether or not the site presents material problems with the building and zoning codes of the township and determine the best course of action.  Supervisor Guerette invited Mr. Faggioli to speak and stated that he had been given the opportunity to have an attorney present but that he, Mr. Faggioli, had decided not to have a lawyer in attendance.  Mr. Faggioli responded to the question of abandonment, stating that since he purchased the property, it has been in continuous use for the storage of equipment; has been advertised for lease, was proposed for a residential condominium development and now is being used for his paving business.   Mr. Faggioli informed the Board that no development is taking place on his property, he has not put in any new structures or inlets; new tops have been constructed for the existing inlets.  Mr. Faggioli added that to the best of his knowledge, any issues raised by Chester County Conservation District have been addressed to the District’s satisfaction.  Supervisor Cohen said that without some kind of documentation or inspection, the township has no proof that corrections have been made.  Mr. Faggioli said he would forward the letter he received from the Conservation District stating outstanding issues were corrected.  Mr. Faggioli said he has installed a fence but he considered it a replacement, not a new installation, and he did not get a permit.  Supervisor Parry replied that the township is not denying him permission to do work on the property but rather is requesting that he comply with the building and zoning requirements of the township.  Mr. Faggioli said the delay in obtaining the site plan was due to scheduling conflicts with Gilmore.  Mr. Brennan asked when Gilmore would be allowed to do the survey, Mr. Faggioli stated it would depend on the outcome of this meeting.  Mr. Faggioli added that at this point in time, it would be counterproductive to question whether he is allowed to have his business on the property.  Mr. Brennan asked Mr. Faulkner to review the list of perceived violations of the township’s building and/or zoning ordinance requirements.  Mr. Faulkner stated that based on his observation from outside the property, a stop work order was issued until the following items could be addressed:  1) a patio has been added to the west side of the renovated office building next to the train tracks; 2) a sidewalk has been added on the east side of the renovated building; 3) a building foundation has been demolished in a floodplain; 4) a gated fence was installed without a permit; 5) security cameras were installed without a permit; 6) 16 spaces were approved by the Board, an additional 20 +/- spaces were added; 7) it appears that storm inlets have been added and/or altered; and 8) unauthorized grading changes may have been made.  Mr. Smith added that the township was not saying the work could not be done but because the property was in a floodplain, it was important that proper procedures be followed, i.e., proper permitting.  Supervisor Guerette asked what the township needed.  Mr. Faulkner said that what was needed was a site plan and the proper permit applications made.  Supervisor Guerette asked Mr. Faggioli if he was willing to go through the permit process; Mr. Faggioli replied he was and asked if the site plan should be completed first or the permit applications made.  Ms. Garcia recommended that the plan be completed first; then it could be reviewed by the building and zoning department to determine what permits might be needed.  Mr. Brennan informed Mr. Faggioli that nothing discussed this evening constitutes any kind of waiver or agreement between Mr. Faggioli and the township; that the township reserves all rights including the right to object to the zoning, to argue abandonment, concerning non-conformity or non-conforming use.  Mr. Brennan emphasized that no contract, commitment, agreement or promise is being made; no issues are waived, and the only certainty is that the township is requesting Mr. Faggioli’s compliance with township codes and ordinances.  Supervisor Guerette said that a date to perform the site survey was needed from Mr. Faggioli; Mr. Faggioli said the surveyors could come tomorrow; that Gilmore should call him.  Ms. Lowrie said the surveyors were available this week.  Supervisor Parry excused Mr. Faggioli from the meeting.  Further discussion ensued.

Executive Session

An executive session was called to order at 9:35 p.m. upon motion by Supervisor Parry, seconded by Supervisor Cohen and unanimously passed. Present were Supervisor Cohen, Supervisor Guerette, Supervisor Majewski, Supervisor Morrisson and Supervisor Parry. Also present were the Township Solicitor, Mr. Brennan, Township Manager, Ms. Bird, and Township Secretary, Mrs. Harbison.  The public meeting was reconvened at 9:50 p.m.  Supervisor Parry reported that litigation and personnel issues were discussed.

Adjournment

There being no further business before the Board, the meeting was adjourned at 9:51 p.m. upon motion of Supervisor Parry, seconded by Supervisor Cohen, and unanimously passed.

Next Board of Supervisors’ Meeting

Board of Supervisors Regular Business Meeting............... Wednesday, February 1, 2016 7:30 p.m.

Respectfully submitted,

Madeline Harbison
Township Secretary