Charlestown Township Board of Supervisors Business Meeting Minutes of November 5, 2012

The first business meeting for November was held November 5, 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., Tom Comitta
Staff:	Linda Csete, Manager, Jim Thompson, Roadmaster, Tim Hubbard, Fire Marshal, Lisa Gardner, Recording Secretary
Public:	See attached sign-in sheet

Call to Order:

7:32 p.m.

Announcements

Mr. Philips mentioned the Great Valley Nature Center Annual Holiday Party & Auction on Saturday, December 1st from 6:30 to 10:00 p.m. and said he has invitations available this evening.

Mr. Kuhn announced that the Board held an executive session prior to tonight’s meeting starting at 6:30 to discuss legal matters.

Citizens’ Forum

Mrs. Barbara D. Wilde thanked Mr. Thompson the Roadmaster for marking a previously unmarked section of Valley Hill Road and improving its safety. She said the yellow lines made a big difference when driving the road, especially at night.

Mrs. Wilde also announced the return of Charlestown Day on June 1, 2013. Planning will begin with a meeting on November 13th at the Rapp House starting at 10 a.m. Everyone interested is invited. This marks the 40th anniversary of the Charlestown Historical Society. Also, she promoted the 2013 Charlestown Historical Society Calendar that will be available at the Charlestown Elementary voting location tomorrow.

Approvals

October 1, 2012 Business Meeting

Mr. Rodgers moved to approve the minutes of the October 1, 2012 Business Meeting and Mr. Philips seconded. Mr. Piliero called for further discussion and there being none, called the vote. All were in favor.

October 22, 2012 Business Meeting

Mr. Kuhn moved to approve the minutes of the October 22, 2012 Business Meeting and Mr. Rodgers seconded. Mr. Piliero called for further discussion and there being none, called the vote. All were in favor.

October 22, 2012 Budget Work session

Mr. Rodgers moved to approve the minutes of the October 22, 2012 Budget Work Session and Mr. Kuhn seconded. Mr. Piliero called for further discussion and there being none, called the vote. All were in favor.

Treasurer’s Report October 1 – 31, 2012

Mr. Philips moved to approve the October 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 November 5, 2012 Operating Fund

Mr. Kuhn moved to approve the November 5, 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 November 5, 2012 Open Space Fund

Mr. Philips moved to approve the November 5, 2012 Open Space Fund Accounts Payable Report and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote, all were in favor.

Reports

Mr. Philips moved to accept the October 2012 reports #1-13 as submitted, and Mr. Kuhn seconded. Mr. Piliero called for further discussion. Mr. Piliero called the vote. All were in favor.

Also noted by Mr. Philips was that the Historical Commission was omitted from the list of groups providing input for the 2013 Budget listed on the Budget Transmittal Letter. Mrs. Csete apologized for the oversight and will correct it.

Road Report

Mr. Kuhn commented on the Road Report, he referred to a bad culvert on Pikeland Road that he would like the Roadmaster to contact PennDOT to repair.

Hearing

Whitehorse Estates Conditional Use Hearing

Mr. Fronefield Crawford Esq., counsel, and Lance Altemose were present. The proceedings were taken by Mark Hagerty, Court Reporter. Mr. Thompson entered the following into the record:

•	T-1	Conditional Use Application CU-12-02 by Applicants Whitehorse Associates, Inc. and Carol Altemose
•	T-2	Public Notice
•	T-3	Proof of Publication
•	T-4	October 3, 2013 TCA Review Letter
•	T-5	August 23, 2012 letter from Daniel T. Wright, P.E. of Advanced GeoServices

Testimony was given by the following:

• Andrew Eberwein of Edward B. Walsh & Associates, Inc.
• W. Jeffrey Miller of Evans Mill Environmental, LLC

The following exhibits were entered into the record by the Applicant:

•	A-1	Application and Narrative
•	A-2	Overall Title Plan (Sheet 1)
•	A-3	Title Plan (Sheet 2)
•	A-4	Overall Post-Construction Stormwater Management Plan (Sheet 6)
•	A-5	Plan Notes – Post Construction Maintenance/Inspection
•	A-6	Draft Declaration of Covenants, Conditions and Restrictions

(Excerpts relating to Stormwater Management)

•	A-7	Grading Plan – Lots 18 & 19
•	A-8	Section Plan – Lot 18
•	A-9	Section Plan – Lot 19
•	A-10	Planning Commission Recommendations (Motions)

It was found by Mr. Thompson that the legal requirement to notify adjacent property owners of this Conditional Use Hearing was not met. Therefore, no individuals came forward. Notices will be mailed by the applicant to surrounding residents notifying them of a continuation of the hearing.

However, testimony began with a site overview by Andrew Eberwein. Next W. Jeffrey Miller testified regarding the sand mounds, septic testing, and front yard placement. It was made known that tonight’s testimony was not according to Ordinance guidelines, and that witnesses will need to be brought back to January’s Board of Supervisors Meeting.

Mr. Altemose stated that public water would be safer, healthier and a better fire safety choice for this proposed development since his own well had recently received unhealthy findings after testing the water. He will submit the results to the Board of Supervisors.

Mr. Piliero asked if there were any further questions from those present. No one came forward and the hearing was recorded as being continued to January 7, 2013, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.

Old Business

Pipeline Education Program Report – Eileen Juico

Eileen Juico reported on the Pipeline Education Program that was made possible through a $50,000 grant obtained with Charlestown Township as a partner.

A series of meetings began in early 2012 and continued through the fall with attendees such as the Chester County Commissioners, various Chester County pipeline operators, the Department of Environmental Protection, the Brandywine Conservancy, Senator Dinniman, Senator Rafferty, and the Chester County Conservation District. Much time was spent this summer by Ms. Juico on the management and damage control stemming from the attempt by a pipeline operator to increase the diameter of a large pipe crossing the Brandywine Creek.

The program has concluded and clearly met the objectives of the grant application. Networking with northern and southern Chester County about pipeline safety, obtaining timely and vital information and distributing it to the public, communication of the operators regarding repair and activity replacement, educating all parties on topics such as environmental responsibility, government processes and public rights are all to be detailed on her final report to the Charlestown Board of Supervisors.

Presentation of Draft Open Space & Recreation Plan

Tom Comitta presented the Board with a draft Parks, Recreation, Open Space & Trails Plan dated November 5, 2012. He returned tonight since the Board of Supervisors decided at the October meeting to go through the formal MPC review process as an Update of the Comprehensive Plan. He now requested the Board grant him authority to send the Plan to the seven neighboring municipalities, Chester County Planning Commission, Great Valley School District, Charlestown Planning Commission, the Parks and Recreation Board, and the Trails Committee by November 15th, 2012. At this time the 45 day review period required by Act 247 would commence, giving him time to make revisions and still meet the February 4, 2013 deadline.

However, Mr. Comitta wanted to explain that after all of the review comments are made, even at the February meeting; they can condition their approval of the Comprehensive Plan on any last minute changes. He wanted the Supervisors to be aware of this since it is different than the usual ordinance amendment procedure.

Mr. Kuhn moved to authorized Mr. Comitta to send the Parks, Recreation, Open Space & Trails Plan to the neighboring municipalities, Great Valley School District, Chester County Planning Commission, Charlestown Planning Commission, the Parks and Recreation Board, and the Trails Committee by November 15th, 2012. Mr. Philips seconded. Mr. Piliero called for further discussion, and then called the vote. All were in favor.

New Business

Development of an Act 209 Transportation Plan

Mr. Comitta said he, Mr. Kuhn and Mrs. Csete met with transportation engineering consultant Andy Heimrich this afternoon regarding the development of an Act 209 Transportation Plan that allows for imposing an impact fee from developers to help cover road improvement costs.

The Act 209 Plan will be included as an addendum to the Comprehensive Plan as an update to it. Mr. Comitta said a professional traffic engineering firm would be needed to prepare the Plan, taking about 6 months and costing approximately $50,000. A Visions Partnership grant for $15,000 may be available to help cover the cost. The Chester County Visions Partnership grant cycle requires grants to be submitted between March 1 and 15, 2013, with a decision by the County on June 1, 2013.

The plan would insure that the costs of needed capital improvements to Township roads be applied to new developments in a manner that would allocate equitably the cost of those improvements among property owners and to respond to the increasing difficulty which municipalities are experiencing in developing revenue sources to fund new capital infrastructure from the public sector.

The Plan would take approximately 18 months to complete and would require the set up and involvement of an advisory board. Mr. Comitta recommended that the Board request a proposal from Mr. Heimrich to be considered at the December 3rd meeting, and the Supervisors were in agreement.

2013 Township Real Estate Tax Collection Proposal – Ann Duke, Chester County Treasurer

Ann Duke, the Chester County Treasurer, was present to offer a contract for municipal real estate tax collection services. She referred to a meeting with Mrs. Csete on September 26th, 2012 that highlighted the advantages county services could provide. Transition would be very smooth since they already have Charlestown Township data in their system. Thanks to a state law passed this year, the County can offer this service beginning in 2013. Since Charlestown’s paid tax collector is no longer in business, Mr. Thompson stated he will work out any ambiguities with Thomas Whiteman. He asked about bonding, and Ms. Duke responded that bonding is already in place.

Resolution to Appoint Real Estate Tax Collector for 2013

Mr. Rodgers moved to adopt Resolution #289-2012 appointing the Chester County Treasurer as the Charlestown Township Real Estate Tax Collector for 2013 and authorizing the Manager to execute the proposed contract. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Paul Gluchanicz – Overview of Zoning Hearing Board Application

Paul Gluchanicz was present to provide an overview of his application before the Zoning Hearing Board for a setback variance scheduled for November 13th, 2012. Dan Wright advised Supervisors that there was no problem with the new request that erases the previous subdivision lines and is even less disturbing to open space. Mr. Gluchanicz said he would be in agreement with any wording the Board chose to keep him from further subdividing. He intends both properties to be residential while maintaining open space.

Mr. Kuhn moved to communicate to the Zoning Hearing Board that the Board of Supervisors recommends that a restriction against further subdivision be included as a condition of approval. Mr. Willig seconded. Mr. Piliero called the vote; Mr. Rodgers was not in agreement. The vote passed 4-1

Mr. Philips asked if a condition of this nature would set a precedent, and Mr. Thompson responded that it would not, since each property is unique and each application considered independently.

Hartman’s Run Presentation

Edmund Campbell was present representing property owner Dennis Ryan. Mr. Campbell described their strategy to maximize the value of Hartman’s Run. This property has 4 structures that are pre-existing and non-conforming (each with a well and own septic). Currently there are 5.4 acres and 3 tax parcels involved, stretching across Route 29. The plan designated communal zones such as parking but with each of the 4 lots being separate entities.

Mr. Campbell wanted the Supervisors to see it as a condo, owners being preferable to tenants. The opinion of the Board was sought before they attempted a formal approval. Mr. Kuhn suggested waiving the right to expand and also deed restricting the balance of the property across the road so no one can build on the rest. Mr. Campbell discussed with Mr. Thompson, previous to this meeting, that condos would be considered a subdivision. Mr. Philips and Mr. Kuhn expressed that they would not be in favor of this request.

Phoenixville Area Soccer Club Contract Renewal

Mrs. Csete received the final contract negotiated by Mark Thompson with Ray Foerster, Vice President of the Phoenixville Area Soccer Club. The term is for seven years beginning 11/1/12 through 10/31/19. Mr. Thompson met with Mr. Foerster to discuss key issues and provide Proof of Insurance. Mrs. Csete requested the Board allow her to execute the contract.

Mr. Philips moved to approve Resolution #290-2012 to have Linda Csete execute the contract renewal for the Phoenixville Area Soccer Club. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Chester Valley Grange Building Agreement of Sale

A standard agreement of sale drafted by Mark Thompson for the Chester Valley Grange building and property was discussed.

Mr. Kuhn moved to authorize Mrs. Csete to execute the agreement of sale to purchase the Grange Building property for an amount not to exceed $250,000, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Assignment Agreement for Property Located at Phoenixville Pike and Yellow Springs Road

Mr. Kuhn stated that Mr. Thompson had prepared an assignment agreement for the Volpi property located at 3017 Phoenixville Pike, parcel #35-4-85 (51.78 acres) per the Board’s request. Expenditure of funds is not to exceed $650,000 with settlement expected near the year’s end.

Mr. Philips moved to execute the Assignment Agreement, and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Approval of Appointment of Michael J. Dennehy, Jr. to PA Municipalities Pension Trust Fund

Mrs. Csete said the PA Municipalities Pension Trust Fund requested the Township’s approval of their appointment of Michael J. Dennehy, Jr. from 1/1/2013-12-31/2018 to the Fund. Mr. Kuhn so moved and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Declaration of Disaster Emergency - Sandy

In order to maintain eligibility for FEMA assistance to repair damages to Township property due to Storm Sandy, Mr. Philips moved to ratify the November 1, 2012 execution of the Declaration of Disaster Emergency, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Award Road Salt Bid

Mrs. Csete referred to the recommendation by Mr. Wright in his letter dated October 2nd, 2012 that designated Oceanport Industries as the lowest responsible bidder to provide road salt to the Township for the 2012-2013 season. Mr. Kuhn moved to award the road salt contract to Oceanport Industries and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Schedule Advertising and Adoption of 2013 Budget

Mr. Rodgers moved to authorize the Manager to advertise the proposed 2013 Budget for consideration of adoption at the December 3, 2012 Board of Supervisors meeting, 7:30 P.M. in Room 154 of the Great Valley Middle School, 255 North Phoenixville Pike, Malvern, PA. Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Mr. Philips expressed a concern over the expense listed for the upgrade of signal poles along the Route 29 corridor. Some discussion followed, and Mr. Kuhn noted that this expense includes upgraded sign posts.

Authorize Advertisement of Intent to Appoint a CPA to Audit the 2012 Accounts

Mr. Kuhn moved to authorize the Manager to advertise the Board’s intention to appoint a certified public accountant at the Reorganization meeting to conduct the 2012 audit. Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Other Business

Fergusson Motion

Mr. Kuhn discussed the Township’s need for a non-biased appraisal in regards to the Fergusson property now owned by Robert Berry. Mr. Berry agreed during a previous conversation with Mr. Kuhn that he will pay half.

Mr. Philips moved to authorize the expenditure of funds for half the cost of an appraisal for the Fergusson property and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Historic Crowell House

Mr. Kuhn said he had a call from Nick Crowell regarding demolition of his brother Jeff’s house, and confirmed that to obtain approval for demolition he would need to obtain a Certificate of Appropriateness from the Historical Commission/Historical & Architectural Review Board.

Charlestown Park

Mr. Kuhn referenced an email that made him consider getting an outside firm to review the Charlestown Park Improvement documents. The Board was unanimous in agreement. Mr. Rodgers clarified his position further by suggesting that Mr. Wright, Charlestown’s engineer, take this role. Mr. Kuhn stated that he was leaning more towards a Construction Manager to oversee the project. In agreement, Mr. Philips and Mr. Willig wanted to engage a consultant to make suggestions, find possible oversights, and then help with the bidding process, but even more so, be responsible for overseeing and managing the project. Mr. Willig agreed with Mr. Rodgers about including Mr. Wright in the scope from an engineering perspective. It was unanimously agreed for Mr. Kuhn to request feedback from a consultant he’s familiar with, and then seek proposals for a Construction Manager.

Thompson Property Acquisition

Mr. Kuhn asked Mr. Thompson to discuss the loose ends with Schuylkill Township regarding the Thompson property acquisition that was done jointly with that township. Mr. Thompson said he’ll discuss it with the appropriate counsel.

Fadness Property

Mr. Philips noted that the open space inspection reports the Board is receiving from Ed Theurkauf are excellent, and mentioned concerns with the Fadness property. Mr. Philips and Mr. Kuhn questioned Mr. Thompson as to regaining costs associated with the hedgerow replacement on an area of the Fadness property that was to be projected. Mr. Thompson said although Mr. Fadness had finally complied, the Township could recoup court costs and fees. Mr. Thompson will send Mr. Fadness a declaration document. It will include the location of the property, the prohibition against removing the hedgerow, and a stated penalty if it is removed again. It will provide Mr. Fadness with options regarding paying court costs, violation costs, township incurred costs, or at least costs incurred up to this time. He will send it to the Supervisors for their approval.

Roadside Advertising and Campaign Signs

Mr. Philips asked Jim Thompson to please pull signs cluttering the roads that are not in agreement with local ordinances and Right of Ways.

Open Space Inspection Reports

Mr. Philips asked the other members what they felt should be done for follow-up of Ed Theurkauf’s periodic inspection reports. The Board felt the current procedure of homeowners or HOA’s receiving the reviews was still adequate.

Bruder Property

Mr. Philips suggested the Zoning Officer send a Letter of Determination to the owner of the Maplecroft Dairy Building so that he is aware of the position the Zoning Officer and Board of Supervisors have taken. He is also to be informed that he is required to apply for a permit for each tenant obtained.

Adjournment

Mr. Piliero adjourned the meeting at 10:14 p.m. The next business meeting is scheduled for Monday, December 3, 2012, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.