Charlestown Township Board of Supervisors Business Meeting Minutes of July 2, 2012

The first business meeting for July was held July 2, 2012 at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Present:

Supervisors:	Frank A. Piliero, Chairman, Michael J. Rodgers, Vice Chairman, Kevin R. Kuhn, Charles A. Philips, Hugh D. Willig
Consultants:	Surender Kohli, P.E., Dan Wright, P.E., Mark P. Thompson, Esq.
Staff:	Linda Csete, Manager, Jim Thompson, Roadmaster, Tim Hubbard, Fire Marshal, Lisa Gardner, Recording Secretary
Public:	See attached sign-in sheet

Call to Order:

7:30 p.m.

Announcements

Mrs. Csete made the following announcements:

1. The Board held an executive session following the meeting on June 4th to discuss legal matters.
2. Congratulations to Planning Commissioner Wendy Leland who formally retired last month from the Army National Guard as a full Colonel.
3. She has a flyer available this evening regarding the next pipeline education meeting to be held July 31st at the West Whiteland Township Building from 6:30 – 8:30 p.m.
4. Mr. Philips announced attendance at a DVRPC meeting with Mr. Kuhn, Mrs. Csete, and PennDOT, regarding the Hollow Road and Pikeland Road intersections with Charlestown Road. Recommendations to improve safety and sight/visibility will be forthcoming from PennDOT.
5. Mr. Philips mentioned the property of a Charlestown resident, Michael Bowell. It was recently highlighted by the Pennsylvania Horticultural Society’s magazine called the Green Scene Magazine.
6. Mr. Rodgers mentioned a limb hanging over the road on Swiss Pines that he would like the Roadmaster to remove.

Citizens’ Forum

 – No matters were brought forward.

Approvals

Minutes of June 4, 2012 Business Meeting

Mr. Kuhn moved to approve the minutes of the June 4, 2012 business meeting and Mr. Philips seconded. Mr. Piliero called for further discussion and there being none, called the vote. All were in favor.

Treasurer’s Report June 1 – 30, 2012

Mr. Philips moved to approve the June 2012 Treasurer’s Report and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report July 2, 2012 Operating Fund

Mr. Kuhn moved to approve the July 2, 2012 General Fund Accounts Payable Report and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote, and all were in favor.

Accounts Payable Report July 2, 2012 Open Space Fund

Mr. Rodgers moved to approve the July 2, 2012 Open Space Fund Accounts Payable Report and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote, and all were in favor.

Reports

Mr. Rodgers moved to accept the June reports as submitted, and Mr. Kuhn seconded. Mr. Piliero called for further discussion, and there being none, called the vote. All were in favor.

Old Business

Refine List of Property/Open Space Manager Duties

Mr. Philips referenced the document he and Mrs. Csete prepared for discussion on open space areas the Township would like to more formally monitor and maintain by assigning consultants to perform routine periodic inspections. This list may change as needed. Mr. Edward Theurkauf and Mr. Dale Frens will be asked by Mrs. Csete to submit proposals to the Board with their compensation suggestions for historical property and open space property inspection respectively.

Mr. Philips took this opportunity to make Roadmaster Thompson aware of a tree across the Ice Dam. Although PennDOT had been notified, it does not pose any immediate threat or danger but should be expedited since it’s fallen on a historic resource. He was concerned that PennDOT may take some time before it is removed and then the debris may still be visible. He wants the Roadmaster to make sure it is taken care of entirely. Mr. Piliero said he should give PennDOT two weeks, and if the work isn’t done, give the job to Davey Tree Co.

New Business

Blue Howell Minor Subdivision Plan – Overview

Mr. Michael Gill, Esq., Pete Cokonis, P.E. and Christian Wynne were present to provide a brief overview of the Blue Howell two lot subdivision recommended by the Planning Commission at their June 12th meeting. He addressed the legal issue of the Right of Way and the net lot area calculation. Mr. Gill will be submitting a letter responding to Mr. Wright’s comments of 5/24/12, and was hoping to return to the Board in August. The ordinance currently sets requirements for Rights of Way which make one of the 2 resulting lots too small for approval. Issues also discussed were the trail easement, and Mr. Wynn’s willingness to dedicate the Right of Way. Supervisors agreed to discuss this further in the Executive Session immediately following tonight’s meeting.

Pickering Grant Final Traditional Neighborhood Development Plan

Mr. Tim Townes of J. Loew & Associates presented the Final Plan, last revised April 25th, 2012 along with the final HOA document and Manual of Written and Graphic Design Guidelines.

Mr. Townes explained that the plans were prepared in compliance with the township’s SLDO requirements for utilities to be placed at the back of the units, even though PECO has yet to approve the meter locations. He requests that the Board consider approving the plan, and if his appeal to the PUC is unsuccessful requiring PECO to approve it, he will return seeking an amended approval from the Board allowing the utilities in the front of the units. The PUC informed him that PECO may be misinterpreting several points of the utility plan. Additionally, the PUC also informed Mr. Townes that in his situation he can dictate to PECO where to place the meters. Mr. Philips offered to attend a PUC hearing with Mr. Townes and PECO if necessary. Mr. Townes stated that if he received plan approval tonight, the PUC hearing would be the next step. Mr. Thompson stated that Charlestown Township requires the meters be “toward the back”, more simply stated, not in the front of the dwelling and that is the current placement on the plans.

Mr. Townes also addressed the transmission lines change and said this point is progressing. All other points on the Thomas Comitta Associates letter and Mr. Wright’s letter will be in compliance. Mr. Townes also agreed to an Obligations Summary Sheet that would provide a concise list for the HOA. Furthermore, talks regarding the sewer line with the school district have established the acceptable manhole and hookup. The revised plan was submitted to Mr. Wright with a revision and plot date of June 28th 2012.

Mr. Thompson read a list of legal considerations to be included as conditions of approval for the Board. After the Board verified that the development was to be constructed in a single phase, the Board reminded Mr. Townes to remove the PECO issue and prove the meters were located toward the back. Mr. Kuhn moved to approve the Final Plan for Pickering Grant-Tyler Griffin TND subject to Mr. Wright’s review letter dated 6/26/2012, Mr. Comitta’s review memorandum dated 6/28/12 and Mr. Thompson’s list. Mr. Philips seconded. Mr. Piliero called for further discussion, and there being none, called the vote. All were in favor.

Dewey Land Request for Acceptance of Spring Oak Final Approval

Dewey Land requested formal acknowledgement from the Board of their acceptance of the Final Approval in a decision dated May 1st, 2012. The request was submitted by letter dated June 5th, 2012. It confirms that the decision remains in full force and effect even though the 15 day acceptance period has lapsed per Mr. Thompson. Mr. Kuhn moved to acknowledge Dewey Lands’ acceptance of the May 1, 2012 Final Approval. Mr. Philips seconded and Mr. Piliero called for further discussion, there being none, called the vote. All were in favor.

Deerfield Request for Township Letter to School District for Buses to enter Development

Mr. Wright discussed the development’s road and bus situation with the Deerfield HOA prior to tonight’s meeting. Tonight he sought the Board’s approval to send a letter for the HOA to the School District asking them to permit their buses to enter the subdivision. Although buses typically do not enter roads that have not yet been dedicated, the road surface itself is not the issue. Mr. Kohli said the issue was more about unfinished checklist items such as sidewalks, tree planting, etc. Mr. Kuhn expressed concern that this may put less pressure on the developer to complete these items, and in fact there has been no activity since November 2011. Mr. Willig then added that it is a safety concern for the residents as the cars wait for the children and the intersections tend to become congested.

Mr. Philips moved to direct Mr. Wright to send the letter to the School District and Mr. Kuhn seconded. Mr. Piliero called for further discussion, and there being none, called the vote. All were in favor.

Paul Marshall-Request Input on Commercial Kitchen/Home Occupation

Mr. Marshall and his wife purchased the dairy farm dated 1804 at 226 Charlestown Road in February 2012. Much of the property is under easement with Natural Lands Trust and per Mr. Marshall, has no use restrictions regarding the following home occupation.

After discussing the home occupation with Mr. Kohli, Mr. Kohli determined it was not a Major Home Occupation, but he suggested Mr. Marshall address it with the Board for their interpretation. Mr. Marshall wants to sell the products of his land. At this point the marketplace and agricultural aspect are within the parameters of usage for his property’s zoning.

However, he expanded his concept explaining plans to renovate his barn with a commercial kitchen and seating area. He wants to teach the community, especially children, about local sustainability. This community supported agriculture venture (CSA) is where Mr. Kohli feels it stops being a Major Home Occupation and may require a zoning change. Mr. Kohli suggested Mr. Marshall ask the Board to determine whether he could qualify with a Conditional Use Application and not need to go to the Zoning Hearing Board for a Use Variance.

Furthermore, Mr. Marshall’s concept includes “Farm to Table Dinners”, demonstrations, and cooking classes that would require a rarely granted zoning change. Mr. Marshall maintained it would not be a restaurant because it was educational, yet the Board saw the possibility of the usage parameters becoming blurred as demonstrations lead to weddings, and wedding receptions turn to a more restaurant style usage.

Mr. Thompson suggested Mr. Marshall draft a clear, concise description of his idea including items such as seating and parking spaces, number of nights of operation, traffic, times of operation, and anything else that might become a non-compliance issue in the future or with future owners. Mr. Piliero suggested another discussion with Mr. Kohli and Mr. Marshall to assist in listing these uses, addressing PennDOT concerns, and writing the proposal. Mr. Piliero stated only after reviewing the proposal could the Board and the Zoning Officer give an opinion.

Parks & Recreation Board

Appointments to the Parks & Recreation Board

Parks & Recreation Board Chairman Bob Jones said that two members of his Board have indicated that they would like to resign their positions. He recommended appointing Bill Wilchusky, President of the Phoenixville Area Soccer Club, to replace Michael Zolovich. Sue Staas was then nominated to fill the vacancy left by Charles Buck.

Mr. Rodgers moved to appoint Bill Wilchusky and Sue Staas to the Parks and Recreation Board, and Mr. Philips seconded. Mr. Piliero called for further discussion, and there being none, called the vote. All were in favor.

Discuss expansion of the Parks & Recreation Board to 9 by ordinance

Mr. Jones said the Parks & Rec Board would like to expand to 9 members but due to the Second Class Township Code Mr. Thompson said this was not permitted.

Draft Questionnaire to Residents on Brightside Farm

Mr. Kuhn referred to the one page questionnaire he and Mrs. Staas put together for mailing to all residents asking for their input on the trail at Brightside Farm. An additional spot for residents to state that they have no opinion will also be included in the questionnaire he read aloud.

Mr. Philips moved to authorize printing and mailing of the Brightside Farm Questionnaire to take place after Labor Day, and Mr. Kuhn seconded. Mr. Piliero called for further discussion, and there being none, called the vote. All were in favor.

Acquisition of Delinquent Parcels for Trails

The Charlestown Township office received a letter dated May 21st, 2012 from the County Tax Claim Bureau notifying the township of 3 delinquent parcels that Mrs. Staas thought might fit into the Rails to Trails project. The Solicitor was instructed to determine the next steps for acquiring parcels #35-4-47.4, 35-4-98.1 and 35-4-107.18. Approximate cost will be about $2400.

Residents’ Obligations for Retention/Detention Basins

Mr. Wright previously discussed a situation via phone with the Three Ponds HOA secretary who needed clarification of responsibilities for the detention basins. During discussion with the Board, it was agreed that he give guidance/introduce a suitable contractor to the HOA. He will update supervisors of the status.

Award Charlestown Dam Breach Contract

Bids for the Charlestown Park Dam Breach Repair Project had been opened at the June 4th meeting and were turned over to Mr. Wright for review and recommendation. Bid tabulation has been provided. Mr. Philips moved to award the Charlestown Park Dam Breach Repair to the lowest bidder, Bulldog Construction, in the amount of $61,500.00. Mr. Rodgers seconded. Mr. Piliero called for further discussion, and there being none, called the vote. All were in favor.

Award 2012 Road Paving Contract

Bids for the 2012 Road Base Repair and Resurfacing Contract had been opened at the June 4th meeting and were turned over to Mr. Wright for review and recommendation. A bid tabulation has been provided.

Mr. Kuhn moved to award the 2012 Road Base Repair and Resurfacing Contract to the lowest bidder, Charlestown Paving & Excavating in the amount of $315,665.12 with the Township to obtain the material separately. Mr. Philips seconded. Mr. Piliero called for further discussion, there being none, called the vote. All were in favor. Mr. Wright stated that Mr. Kohli had called to be sure of an immediate start and also that a schedule would be coming to Mrs. Csete.

Amend 2012 Budget – Charlestown Park Improvements

Mrs. Csete noted that funds are available for the park project since the Earned Income Taxes have come in above what was forecasted in the budget. The Park Improvements Budget was $50,000 for 2012, and with the dam breach repair contract at $61,500, it would be advisable to amend this line item by increasing it to $70,000.

Mr. Kuhn moved to amend the 2012 Open Space Fund Budget line item #454.15, Charlestown Park Improvements, by increasing it from $50,000 to $70,000. Mr. Rodger seconded. Mr. Piliero called for further discussion, and there being none, called the vote. All were in favor.

Chester County Emergency Services Proposed Municipality Fee

Mr. Piliero asked the Board Members if they wanted to express an opinion to the County of Chester regarding the County’s proposal to impose a municipality fee of $5.00 per person to support the County’s emergency services. Discussion followed regarding the legality of the county putting the responsibility onto the township to collect a county tax.

Mr. Piliero directed Mrs. Csete to draft a letter to the County Commissioners opposing the proposed municipality fee for the Department of Emergency Services.

PennDOT Agreements

Traffic Signal Maintenance Agreement

Mrs. Csete referred to the PennDOT Traffic Signal Maintenance Agreement. PennDOT requests the Township to execute this to give title to the traffic signals installed at Morehall Road and Yellow Springs Road, Morehall Road and Whitehorse Road, and Morehall Road and Phoenixville Pike to Charlestown Township. Mr. Thompson reviewed the agreement, and determined it is a standard agreement outlining how Charlestown will be responsible for maintaining these signals. She noted a Resolution must be passed authorizing her to sign on behalf of the Board.

Mr. Philips moved to adopt Resolution #781-2012 authorizing Mrs. Csete to execute the Traffic Signal Maintenance Agreement for the signals along Morehall Road, and Mr. Rodgers seconded. Mr. Piliero called for further discussion, and there being none, called the vote. All were in favor.

PennDOT Decorative Pole Reimbursement Agreement

The PennDOT Decorative Pole Reimbursement Agreement requests the Township execute the document that will make the Township responsible for the difference in cost between the standard traffic signal poles, luminaires (street light poles) and school flasher and the upgraded designs the Township wants to have installed. This difference as shown in Exhibit A of the agreement is $43,000. This agreement had been turned over to Mr. Thompson for review and was once again deemed a standard agreement. Mr. Wright will clarify the coordination of payment with Allan A. Myers, the awarded contractor.

Mr. Rodgers moved to adopt Resolution #782-2012 authorizing Mrs. Csete to execute the Decorative Pole Agreement for the traffic signals, luminaires and school flasher at three intersections along Morehall Road, and Mr. Kuhn seconded. Mr. Piliero called for further discussion, and there being none, called the vote. All were in favor.

Phoenixville Marion Youth Club Concessionaires Agreement

Mrs. Csete said the Phoenixville Marion Youth Club has executed the renewal of the Concessionaires’ Agreement that expires this year. The contracts have already been reviewed and input received from the Parks & Recreation Board, the only change being minor insurance coverage increases. Mr. Kuhn moved to adopt Resolution #783-2012 authorizing the Manager to execute the contract, and Mr. Rodgers seconded. Mr. Piliero called for further discussion, and there being none, called the vote. All were in favor.

Resolution to Add a Parcel to the Agricultural Security Area

Mrs. Csete stated that on November 28, 2011 the Township received an application from Larry and Florence Ferraro requesting that their 32 acre property at 3111 Merlin Road, tax parcel #35-3-9, be added to the Township’s existing Agricultural Security Area. The land is suitable for inclusion. The Supervisors took Mrs. Csete’s suggestion to opt against initiating the formal hearing process for the application and instead took a second option permitted under the Act. This option is to wait 180 days before adding the property to the ASA map.

Mr. Philips moved to approve Resolution #784-2012 adopting and approving a modification to the Agricultural Security Area to include Parcel #35-3-9 owned by Larry and Florence Ferraro, and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business

Bob Jones wished to convey to the Board an opportunity to purchase property in the Borough of Phoenixville, on the corner of the former Valley Forge Hospital grounds. It currently holds a small building and a flat area ideal for parking. He asked for a Board volunteer to perform this inquiry for him. Mr. Piliero accepted and will make the phone call on Charlestown Township’s behalf.

Adjournment

Mr. Piliero adjourned the meeting at 9:10 p.m. and announced the Board would go into executive session to discuss legal matters. The next business meeting is scheduled for Monday, August 6, 2012, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.