Charlestown Township
Board of Supervisors Business Meeting
Minutes of December 6, 2010

The first business meeting for December was held December 6, 2010 at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Present:

Supervisors: Charlie Philips, Chairman, Hugh Willig, Vice Chairman, Frank Piliero, Mike Rodgers
Consultants: Surender S. Kohli, P.E., Dan Wright, P.E., Mark Thompson, Esq.
Staff: Linda Csete, Administrator, Fred Alston, Public Works Superintendent
Public: See attached sign-in sheet

Call to Order:

7:30 p.m.

Announcements

Mr. Philips announced that Mr. Kuhn will be absent this evening.

Citizens’ Forum

No matters were brought forward.

Approvals

Minutes of November 1, 2010 Business Meeting

Mr. Rodgers moved to approve the minutes of the November 1, 2010 business meeting, and Mr. Piliero seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Minutes of November 15, 2010 Business Meeting

Mr. Rodgers moved to approve the minutes of the November 15, 2010 business meeting, and Mr. Willig seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Treasurer’s Report November 1 - 30, 2010

Mr. Piliero moved to approve the November 2010 Treasurer’s Report and Mr. Rodgers seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report – Operating Fund December 6, 2010

Mr. Rodgers moved to approve the December 6, 2010 Operating Fund Accounts Payable Report and Mr. Philips seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor.

Accounts Payable Report – Open Space Fund December 6, 2010

Mr. Rodgers moved to approve the December 6, 2010 Open Space Fund Accounts Payable Report and Mr. Piliero seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Accounts Payable Report – Operating Fund December 30, 2010

Mr. Rodgers moved to approve the December 30, 2010 Operating Fund Accounts Payable Report and Mr. Piliero seconded. Mr. Philips called for discussion. Mrs. Csete explained that this report lists the payroll and payroll taxes for December and is released to the employees and taxing authorities at the end of the year. Mr. Philips called the vote, and all were in favor.

Reports

Mr. Willig moved to accept the November reports as submitted, and Mr. Rodgers seconded. Mr. Philips called for discussion.

Fire Marshal

Mr. Alston reported a house fire on Thanksgiving Day in the Tyrone Farms area that caused significant damage to a home, and another fire a week later that was not as serious but was also in the Tyrone Farms neighborhood.

Brightside Farm

Mr. Alston reported that the gutters have now been installed on the barn. Farm Manager Alix Coleman circulated a 2nd quotation for stabilization of the barn from Long Builders that is lower than the first. She said Long Builders can complete the work by the end of the year.

Mr. Philips called the vote on acceptance of the reports, and all were in favor.

Old Business

Bodine Road Traffic Study

Several residents of Bodine Road were present to discuss speeding problems on Bodine Road now that the bridge over the Turnpike has reopened.

Mr. Philips said the Board is willing to order traffic and speed studies for the road and that Public Works Superintendent Fred Alston has already begun collecting data. He confirmed with the residents that they wouldn’t object to lowering the speed limit from 35 mph to 25 mph if warranted. He said lowering the speed limit doesn’t ensure that drivers will slow down, so if the problem persists, other means can be used, including the installation of speed tables. He said PennDOT recommends a Seminole table, which slows traffic but meets the criteria for emergency vehicles. He invited input from the residents.

Mr. Willig said that in the adjacent township the speed limit on Bodine Road is 30 mph. He said Bodine Road is similar to Horseshoe Trail Road with regard to traffic volume and road characteristics, and that road’s speed limit is 25 mph. It also contains a speed table. He feels that a speed limit between 25-35 mph is appropriate for Bodine Road and he doesn’t object to lowering it to 25 mph and having more speed enforcement by the state police. Placement of a speed table near the bridge can be discussed if needed.

Chris Zubyk said a speed study isn’t required except to defend a challenge if someone fights a speeding ticket. He said the Board missed the opportunity to lower the speed limit before the bridge opened.

Mike Walsh thanked the Board for their time and consideration of this issue. He asked if the Board now intends to lower the speed limit to 25 mph, and Mr. Philips said the decision will be made this evening after all comments are heard. Mr. Walsh said the reason he knows the traffic is travelling at excessive speed is because he experiences it when he gets his mail from his mailbox 3 feet from the road. He noted that some neighbors are repeat offenders themselves. Mr. Philips said without the empirical data from a speed study, the Board can’t quantify the problem. He said he personally wants to have the data to support the Board if questioned, and said the studies shouldn’t take long to perform. Mr. Willig said a study will provide a baseline and justify the lower speed limit if challenged. In the meantime, he said they can reduce the limit. Depending on the results of the study, other speed calming techniques can be added later.

Mr. Walsh said he’s a commercial litigator and the Board only needs a reasonable basis for posting the speed limit and no challenger would be able to overturn it. Mr. Thompson clarified that a challenge would likely fail if the speeder was travelling at 60 mph but if they were travelling closer to the limit, for example, 33 mph, the Board could lose.

Mr. Rodgers moved to reduce the speed limit on Bodine Road to 25 mph. Mr. Willig amended the motion to reduce the speed limit to 25 mph now, and conduct a speed study so tables can be added later if warranted.

Mr. Philips seconded Mr. Rodgers’ motion. Mr. Willig’s motion died for lack of a second.

Mr. Alston said he agreed with the comments tonight, though he noted that initial speed study results show the speeds are not quite as high as reported. He recommended advisory speed signs, most likely for 20 mph, near the intersection of Valley Hill Road and Bodine Road. He said he has to confirm that 20 mph would be allowed. He said since the speed limit on Bodine Road in West Pikeland is 30 mph, Charlestown may want to continue with that speed. He said he conducted a speed study two years ago and the 85th percentile speed was 39 mph, so the current speed limit of 35 mph is reasonable, although he’d support 30 mph with advisory signs for 20 mph approaching Michael Bowell’s property. Mr. Philips asked what the advisory sign looks like, and Mr. Alston said it’s a yellow sign depicting a curving road with the advised speed limit.

Joseph End said most of the discussion this evening has centered on the area near the bridge, but he has a problem with the sight distance from his property located further up the hill. He said he only has 150 feet of sight distance exiting his driveway and was almost hit once. He asked that his section of the road be included in the reduced speed limit and Mr. Philips said it would be. Mr. End said speeding of five and ten ton trucks are a problem in addition to the car traffic.

Mr. Philips called the vote on lowering the speed limit on Bodine Road to 25 mph and all were in favor.

Mr. Philips said that if the neighbors want to come back to the board with a request for speed tables, they need 70% of the property owners to agree, including residents of the side streets directly accessing Bodine Road.

Mr. Walsh asked if the Board could put a 4-way stop at Bodine and Foster Roads. Kim Walsh added that the intersection is obscene and all the signs there have been hit by cars. She displayed pictures for the Board members. Mr. Philips said the Board has requested approval for this in the past from PennDOT but the response was that a 4-way stop was not warranted. He said PennDOT approval is required before adding stop signs. Mr. Zubyk said that only applies to state roads, but Mr. Willig said Foster Road is a state Road, and that section of Bodine Road is also a state road.

Mr. Alston suggested that residents email PennDOT-related requests to him so he can channel them to the proper contacts at PennDOT. He asked Mrs. Walsh to email the pictures to him.

Mr. Zubyk asked why PennDOT turned down the request for a 4-way stop. Mr. Philips said it was due to the low volume of traffic, and Mr. Alston added there was a lack of crash data to warrant it. Even though the residents are aware of many crashes, the majority aren’t reported to the police so they’re not included in the data. Sue Staas asked if it would help if the residents called the state police when they hear or see a one-vehicle crash. Mr. Alston said the police may not take much of a report if it’s not called in by those directly involved.

Mrs. Walsh asked if it would be possible to place stop signs for Bodine Road at Greenbriar Lane and Rosewood Lane, and Mr. Alston said they wouldn’t meet the traffic volume warrants.

Mr. Walsh asked when data from the speed study would be available, and Mr. Alston said within two weeks.

Mr. Willig suggested the lower speed limit signs be put up now, and the question of speed tables be revisited in January or February after there’s been some time to see the effect of the lower limit.

Hearings

Ordinance to Amend Certain Provisions and References to Statutes and Ordinances in Conjunction with the Codification of the Township Ordinances

The proceeds were recorded by Tom Corcoran, Court Reporter. Mr. Thompson opened the hearing and explained that the purpose of the hearing is to amend the SLDO and Zoning Ordinance to update terminology since the codification of the township ordinances was approved.

The following exhibits were entered into the record:

T-1 Letter dated 11/19/10 from Mark Thompson, Esq. to the Daily Local News requesting publication;
T-2 Public Notice;
T-3 Proposed Ordinance;
T-4 Letter dated 11/19/2010 from Mark Thompson, Esq. to the Chester County Law Library enclosing a copy of the ordinance;
T-5 Letter dated 11/5/2010 from Mark Thompson, Esq. to the Chester County Planning Commission enclosing proposed ordinance with Act 247 transmittal form;
T-6 Proof of Publication
T-7 Review Letter dated 12/3/2010 from the Chester County Planning Commission.

Mr. Thompson asked for any public statements and no one came forward.

Hearing no further comments, Mr. Thompson closed the hearing.

Mr. Philips moved to adopt Ordinance #163-2010 amending provisions and references relating to statutes and ordinances and Mr. Rodgers seconded. Mr. Philips called for discussion, and there being none called the vote. All were in favor.

Ordinance to Amend Zoning Ordinance Parts 2 and 16 - 1614 Agricultural Uses

The proceeds were recorded by Tom Corcoran, Court Reporter. Mr. Thompson opened the hearing and explained that the purpose of the hearing is to amend the Zoning Ordinance to add definitions for domestic chicken and fowl and to revise the number of livestock animals permitted on any lot and to create regulations to allow chickens on smaller lots.

The following exhibits were entered into the record:

T-1 Public Notice;
T-2 Proposed Ordinance;
T-3 Letter dated 11/19/2010 from Mark Thompson, Esq. to the Chester County Law Library enclosing a copy of the ordinance;
T-4 Letter dated 11/5/2010 from Mark Thompson, Esq. to the Chester County Planning Commission enclosing proposed ordinance with Act 247 transmittal form;
T-5 Proof of Publication
T-6 Review Letter dated 12/3/2010 from the Chester County Planning Commission.

Mr. Thompson asked for any public statements and the following individuals came forward:

Hearing no further comments, Mr. Thompson closed the hearing.

Mr. Piliero moved to adopt Ordinance #164-2010 amending articles 2 and 16 relating to agricultural use and Mr. Rodgers seconded. Mr. Philips called for discussion, and there being none called the vote. All were in favor.

Ordinance to Amend Zoning Ordinance Parts 2 and 16 – Vehicular Ingress & Egress

The proceeds were recorded by Tom Corcoran, Court Reporter. Mr. Thompson opened the hearing and explained that the purpose of the hearing is to amend the Zoning Ordinance with regard to vehicular ingress and egress and to identify streets as structures.

The following exhibits were entered into the record:

T-1 Public Notice;
T-2 Letter dated 11/19/2010 from Mark Thompson, Esq. to the Chester County Law Library enclosing a copy of the ordinance;
T-3 Proposed Ordinance;
T-4 Letter dated 11/5/2010 from Mark Thompson, Esq. to the Chester County Planning Commission enclosing proposed ordinance with Act 247 transmittal form;
T-5 Proof of Publication
T-6 Review Letter dated 12/3/2010 from the Chester County Planning Commission.

Mr. Thompson asked for any public statements and no one came forward.

Hearing no further comments, Mr. Thompson closed the hearing.

Mr. Willig moved to adopt Ordinance #165-2010 amending articles 2 and 16 relating to vehicular ingress and egress and Mr. Philips seconded. Mr. Philips called for discussion, and there being none called the vote. All were in favor.

Ordinance to Amend Zoning Ordinance Part 2 – Definition of Impervious Coverage

The proceeds were recorded by Tom Corcoran, Court Reporter. Mr. Thompson opened the hearing and explained that the purpose of the hearing is to amend the Zoning Ordinance Article 2, Definitions, to include solar structures in the definition of impervious surface.

The following exhibits were entered into the record:

T-1 Public Notice;
T-2 Letter dated 11/19/2010 from Mark Thompson, Esq. to the Chester County Law Library enclosing a copy of the ordinance;
T-3 Proposed Ordinance;
T-4 Letter dated 11/5/2010 from Mark Thompson, Esq. to the Chester County Planning Commission enclosing proposed ordinance with Act 247 transmittal form;
T-5 Proof of Publication
T-6 Review Letter dated 12/3/2010 from the Chester County Planning Commission.

Mr. Thompson asked for any public statements and the following individuals came forward:

Hearing no further comments, Mr. Thompson closed the hearing.

Mr. Piliero moved to adopt Ordinance #166-2010 amending article 2 to include solar structures in the definition of impervious surface and Mr. Willig seconded. Mr. Philips called for discussion, and there being none called the vote. All were in favor.

Ordinance to Amend Zoning Ordinance – Adding Part 23: Regulations for Solar Energy Collection Facilities

The proceeds were recorded by Tom Corcoran, Court Reporter. Mr. Thompson opened the hearing and explained that the purpose of the hearing is to and regulations for solar energy collection systems to the Zoning Ordinance.

The following exhibits were entered into the record:

T-1 Public Notice;
T-2 Letter dated 11/19/2010 from Mark Thompson, Esq. to the Chester County Law Library enclosing a copy of the ordinance;
T-3 Proposed Ordinance;
T-4 Letter dated 11/5/2010 from Mark Thompson, Esq. to the Chester County Planning Commission enclosing proposed ordinance with Act 247 transmittal form;
T-5 Proof of Publication
T-6 Review Letter dated 12/3/2010 from the Chester County Planning Commission.

Mr. Thompson asked for any public statements and no one came forward.

Hearing no further comments, Mr. Thompson closed the hearing.

Mr. Rodgers moved to adopt Ordinance #167-2010 amending article 2 to include solar structures in the definition of impervious surface and Mr. Philips seconded. Mr. Philips called for discussion, and there being none called the vote. All were in favor.

New Business

Charlestown Meadows Request for Final Plan Modifications

Mrs. Csete indicated she sent a reminder to Rich McCormick and Mike Downs of Toll Brothers that this matter was listed on the agenda, but no one was present on their behalf. Mr. Philips tabled the matter. Mr. Kohli explained that Toll Brothers is requesting amendments to the final plan approval for Charlestown Meadows. They seek to eliminate the requirement for post and rail fencing installation along each of the four stormwater management basin spillways, to eliminate the requirement to complete paving the walking trail behind units 127-138 and to instead install two streetlights for Parking Lot D.

Discuss Road Tour

Mr. Philips noted that four of the Board members, along with Mr. Kohli, Mr. Wright and Mrs. Csete accompanied Mr. Alston on the road tour on November 6th. He thanked Mr. Willig for going separately on the township roads and sending has comments to the group since he was unavailable the day of the tour. Mr. Alston expressed his appreciation of the Board’s time.

Resolution Establishing Fees for filing of application and permits

Mrs. Csete indicated that she, Jan Bird, Surender Kohli and Anthony Merklinger met last month to review permit application forms and procedures. Most of the application forms were revised and a new one created for electrical work. In conjunction with these discussions, Mr. Merklinger pointed out several areas where the permit fees weren’t covering the cost of inspection and needed adjustment. To this end Mrs. Csete drafted a resolution to amend or add various fees to the existing fee schedule per his recommendations and gave a brief description of each.

Mr. Rodgers moved to adopt Resolution #744-2010 establishing fees for the filing of application and permits and Mr. Willig seconded. Mr. Philips called for discussion, and there being none called the vote. All were in favor.

Schedule Hearing for Ordinance to Amend UCC code

Mrs. Csete said that another matter brought forward when meeting with Mr. Kohli and Mr. Merklinger was that the Township must pass an ordinance to amend the UCC code if it wishes to require permits for certain accessory structures or for alterations or repairs to residential buildings. They provided her with a draft ordinance to consider for adoption. Mr. Thompson noted there are 18 exceptions to the permit requirements for common household projects.

The Board authorized the advertising of a hearing to consider the draft ordinance for January 3, 2011, 7:30 p.m. at the Great Valley Middle School.

Tax Levy Resolution for 2011

Mrs. Csete noted that the real estate millage, per capita tax, local services tax, real estate transfer tax and earned income tax for 2011 remain the same as in 2010. Mr. Rodgers moved to approve Resolution #745-2010 setting the taxes for 2011, and Mr. Philips seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.

Budget Resolution to Adopt 2011 Budget

Mrs. Csete said the Board reviewed the proposed budget materials at a meeting on October 18, 2010. Even though time has passed since the draft budget was proposed, the forecasted ending balances remain on target and no adjustments are needed.

Mr. Rodgers moved to approve Resolution #746-2010 adopting the Budget for 2011 as proposed, and Mr. Willig seconded. Mr. Philips called for discussion.

Mike Allen asked how $400,000 of the earned income tax revenues can be diverted to the general fund for road construction in 2011 as he thought this money was designated solely for open space. Mr. Philips explained that the first .5% of the earned income tax was imposed for general purposes while the second .5% was designated for open space following a referendum and cannot be used for other purposes. Each year from 2004 through 2010 the Board passed a resolution in January designating the general purpose tax to be used strictly for open space. For 2011, the resolution will designate all but $400,000 for this purpose. The reason for this departure is to provide needed funds for road improvements following several lean budget years where this work was postponed due to economic factors.

Mr. Allen asked if the money is considered a loan to be repaid to the Open Space Fund in the future, and Mr. Willig said no. The Board is free to designate this half of the earned income tax funds as it wishes, but hopefully it won’t be necessary to divert it from open space purposes after the 2011 budget year.

Mr. Philips called the vote and all were in favor.

Mrs. Csete suggested that while it’s too late to make a change for 2011, the Board may want to consider abolishing the Per Capita Tax for 2012. This tax of $10.00 for all residents over the age of 18 only brings in about $15,000, is collected unevenly, confuses residents because it requires a separate bill, and is generally not worth the time and expense to collect it. Mr. Philips asked her to make a note to discuss this at budget time next year.

Schedule and Authorize Advertising for Hearing to create Township Manager position

Mr. Philips said the Board had discussed the position of Township Manager with long time Administrator Linda Csete and wished to move forward with creating the position, which must be done by ordinance.

Mr. Rodgers moved to authorize advertising of a hearing to consider an ordinance to create the position of Township Manager for January 3, 2011, 7:30 p.m. at the Great Valley Middle School and Mr. Philips seconded. Mr. Philips called for discussion. Mr. Motel asked what the difference in duties would be, and Mr. Philips said the Administrator does about 90% of the manager duties now. Additional duties would include hiring and supervising of employees, representing the Township at meetings with various organizations and have more responsibility for the various municipal departments.

Mr. Allen asked if the Board surveyed adjacent townships to determine what duties should be expected of this position. Mr. Philips said the solicitor researched this and subsequently drafted the ordinance.

Mr. Philips called the vote and all were in favor.

Schedule and Authorize Advertisement for Reorganization Meeting

Mr. Philips moved to authorize advertising of the Reorganization meeting and first business meeting for January to be held January 3, 2011, 7:30 p.m. at the Great Valley Middle School, room 154, 255 Phoenixville Pike, Malvern PA and Mr. Rodgers seconded. Mr. Philips called for discussion, and there being none called the vote. All were in favor.

Other Business

ARLE Grants

Mr. Alston reported to the Board that he applied to PennDOT for two ARLE grants. The first is for funding to replace all post and cable guiderail along township roads and the second is for a battery backup for the traffic signals at Newcomen Road and Route 401 and at Valley Hill Road and Route 401. The funding requests total $45,000.

Brine

Mr. Piliero asked Mr. Alston if he’d been able to find a supplier for brine to use for winter maintenance. Mr. Alston said he’s still looking for a supplier and there’s a possibility to go through a state agency or join with another township already using brine.

Michael Bowell – Request for Waiver to Allow Structure in Front Yard

Michael Bowell, 2148 Bodine Road, was present to seek a waiver to permit the construction of a game bird aviary in his front yard. He said it would be constructed from a hoop house frame with screening and facades and would include garden elements. The structure would be 18 feet x 25 feet and would house pheasant, quail and other endangered native birds to release into the area.

Mr. Kohli said he checked the location of the structure and it is permitted as an agricultural accessory structure provided the Board approve a waiver to allow it in the front yard. He said a zoning permit would be required, but no building permit or fee.

Mr. Willig moved to approve the placement of the aviary for Michael Bowell’s property in the front yard and Mr. Philips seconded. Mr. Philips called for discussion, and there being none called the vote. All were in favor.

Adjournment

Mr. Philips adjourned the meeting at 9:04 p.m. The next business meeting is scheduled for Monday, January 3, 2011, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.

Respectfully submitted,


Linda M. Csete
Township Secretary
Sign-in sheet, 12/06/2010