Charlestown Township Board of Supervisors Business Meeting Minutes of March 4, 2013

The first business meeting for February was held February 4, 2013 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 and 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:

7:44 p.m.

Announcements

Mr. Kuhn announced that the Board held an executive session beginning at 6:45 this evening to discuss legal matters.

Michael Rodgers added an item to the agenda regarding the Valley Forge Sewer Authority’s request for a letter confirming a revision to the estimated flow projections.

Citizens’ Forum

Paul Gluchanicz said he’s waiting to finish the Declaration of Covenants related to his minor subdivision on Charlestown Road and expects the document within a week. He asked if his plans can be recorded without waiting for the next Board meeting on April 1st for acceptance of the Declaration. Mr. Thompson said the Declaration will have to be reviewed and approved April 1st, so it will be added to that agenda provided it’s received in time for review.

Lisa Alquist mentioned the deteriorating property next to her home at 1784 Horseshoe Trail Lane. She believes it to be an eyesore, and property values nearby suffer. Due to a previous fire and its uninhabited state for two years, she would like the entire building removed. The Fire Marshal said he had been in touch with the owner in late 2012 and was told removal bids would be obtained. He will follow up with the owner, and also obtain insurance carrier information and Anthony Merklinger, the Township’s Building Code Official, would follow up. Mr. Kuhn confirmed with Mrs. Csete that there were no fire escrow funds deposited by the owner’s insurance carrier with the Township. Further discussion revealed only part of the building was damaged by fire and warranted demolition. Mr. Wright said the Township would only be able to enforce the demolition of the damaged portion of the house. Mr. Piliero sympathized with Ms. Alquist about the condition of the site. Mr. Thompson will research code or legal avenues available to the Township. Both Mr. Thompson and Mr. Hubbard will report back to the Supervisors.

Approvals

February 4, 2013 Business Meeting Minutes

Mr. Kuhn moved to approve the minutes of the February 4, 2013 Business Meeting and Mr. Rodgers seconded. Mr. Piliero called for further discussion and there being none, called the vote. All were in favor.

Treasurer’s Report February 1- 28, 2013

Mr. Rodgers moved to approve the February 2013 Treasurer’s Report and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report March 4, 2013 Operating Fund

Mr. Kuhn had a question on the invoice from East Whiteland Township requesting reimbursement of Charlestown’s share of its workers compensation charges for the East Whiteland Fire Company. Mrs. Csete indicated it was in order. Mr. Philips asked why there were two invoices from the Phoenixville Regional Planning Commission, and it was because each project is invoiced separately and there were two projects underway the previous month. Mr. Rodgers asked for more details than are listed on the Davey Tree invoices. The Roadmaster said in this case it was for emergency tree clearing on Buckwalter Road and a previously contracted job to clear both sides of that road.

Mr. Willig moved to approve the March 4, 2013 General Fund Accounts Payable Report and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote, and all were in favor.

Accounts Payable Report March 4, 2013 Open Space Fund

Mr. Kuhn moved to approve the March 4, 2013 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.

Accounts Payable Report March 4, 2013 Liquid Fuels Fund

Mr. Rodgers moved to approve the March 4, 2013 Liquid Fuels Fund Accounts Payable Report and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote, all were in favor.

Reports

Mr. Kuhn moved to accept the February 2013 reports #1-14 as submitted, and Mr. Rodgers seconded. Mr. Piliero called for further discussion, and there being none called the vote. All were in favor.

Hearing

Whitehorse Estates Conditional Use Application

The attorney for Mrs. Carol Altemose and Lance Altemose, Mr. Fronefield Crawford Esq., was not present. The proceedings were taken by Mark Hagerty, Court Reporter.

Mr. Thompson entered the following into the record for the Applicant:

•

A-13

Memorandum dated February 27, 2013 by Fronefield Crawford, Jr.

Mr. Philips moved to continue the Hearing until the next Board of Supervisors Meeting on April 1, 2013 at 7:30 p.m. and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor. Conditions will be discussed at the next meeting, and a decision is due within 45 days after the close of the hearing.

In a follow up matter, the Board accepted the applicants’ offer to allow for an extension of the deadline by which the Supervisors must vote on the Preliminary Subdivision Plan to May 8, 2013.

Old Business - None

New Business

Parameters Debt Ordinance

Mr. Michael Wolf of Boenning & Scattergood, Inc. returned tonight after the Township had advertised the Parameters Debt Ordinance and Bond Purchase Agreement as discussed during February’s meeting. Mr. Wolf handed out a packet and discussed the refunding. Current status reflects rates that are not yet optimal coupled with a 2016 call date, therefore a lenient time constraint applies. Mr. Wolf continued by stating it was best to be in a “ready to move” position as to not miss an opportunity similar to the one that surfaced in December 2012. Mr. Wolf recommended the adoption of a Parameter Agreement with an oral figure executable with one signature. Mr. Tim O’Neil, Township Bond Counsel, worked with Mr. Wolf and addressed the Board regarding federal tax laws and borrowing negatives.

In a tally vote following a motion by Mr. Philips and second by Mr. Rodgers, Mr. Piliero, Mr. Rodgers, Mr. Kuhn, Mr. Philips, and Mr. Willig each voted for approval of Ordinance # 178-13 directing the Incurrence of Non-electoral Debt through the Issuance of a Series of General Obligation Bonds. Public comments were sought by Mr. Piliero. There were no comments.

Review Quotes for Decorative Poles – Route 29 Corridor – Mike Allen

Planning Commissioner Michael Allen presented the three bids for the upgrade to decorative poles along the Route 29 Corridor being handled by Fred Herb of Armour & Sons Electric. Mr. Allen handed out a revision of figures pertaining to the budget along with a packet containing a Cost Review, a survey, and an Analysis of Traffic Pole Pricing by Vendor dated February 28, 2013. He began by making a few minor notations to the Analysis. The proposals from qualified bidders were solicited by Armour & Sons Electric Inc.

Mr. Allen answered questions from the Supervisors regarding paint, reactivity, finish, quality, material used, warranty, and luminaire credits. Mr. Rodgers asked Mr. Allen why he supported Spring City Electrical. Mr. Allen referred to his cover letter stating the reasons for his stance, including competitive pricing, a better warranty, and the fact that they are a local supplier. Finally, the poles are well proportioned and include additional decorative elements not provided by the other vendors. This matches the characteristics envisioned for the aesthetics of the Devault area TND by the Planning Commission.

Mr. Philips wants the funding pledged by stakeholders to be secured in writing. Mrs. Csete and Mr. Allen will compose a letter to this effect and send it to the three stakeholders.

Mr. Kuhn moved to accept the bid of Spring City Electrical in the amount of $222,800 less reimbursements from PennDOT and the stakeholders, and further conditioned on receiving written pledges from the stakeholders for contributions toward the project. Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

SMO Waiver Request – David Bishop, 1104 Tinkerhill Lane

David Bishop, 1104 Tinkerhill Lane, was present to request a waiver from setback requirements of the Stormwater Management Ordinance for the construction of an addition over 1,000 square feet.

Mr. Wright spoke about the benefit of not disturbing trees to place the bed, required by the Ordinance, in the lowest corner of the lot. A larger basin would require clearing .25 acres of heavily wooded property.

Mr. Philips moved to approve Mr. Bishop’s waiver request subject to Mr. Wright’s guidance and Mr. Thompson’s written decision. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

The Annual MS-4 Report

Mr. Wright provided an overview of the MS4 (Municipal Separate Storm System) Engineer’s Report for the 9th year, ending March 9, 2013. He mentioned submitting documentation to the PADEP to renew the Township’s MS-4 permit. Also the Supervisors were bought up to date on revisions for the definition of MS4 Outfall, revisions to the Chester County Act 167 Plan (requiring future Township Stormwater Management Ordinance updating), and revisions for Operations & Management enforcement responsibilities.

Jenkins Property Tower Request

Mr. Robert Kagel, Deputy Director for Emergency Management of the Chester County Department of Emergency Services inquired earlier this month about establishing a tower on the property. Tonight the Supervisors discussed that in light of the pending plans this wasn’t a suitable location. Mrs. Csete will confirm that this had already been communicated to Mr. Kagel.

Jenkins Final Subdivision Plan

Mr. Wright said Randy Patry, P.E. of Advanced GeoServices stated that the application to subdivide the Jenkins property on Valley Hill Road is now ready to consider for approval. He referred to the preliminary/final subdivision plan last revised 11/19/12. The subdivision plan for 4 lots and a small pocket park were proposed by the Township itself after acquiring the 16 acre property in 2004.

Mr. Chuck Isaacs, a resident bordering the Jenkins property asked about the park’s hours. Mr. Piliero responded the hours would be from dawn to dusk, with a few benches and trash receptacles being provided. Mr. Isaac stated concern about regular trash removal, to be sure the area would always be clean. Mr. Piliero assured Mr. Isaacs it would be properly maintained.

Mr. Philips moved to approve the Jenkins Preliminary/Final Subdivision Plans, last revised November 18, 2012, and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Open Road Labor & Equipment Bid

The following bid was received by the Township office for Road Labor and Equipment Rental for the period of April 1, 2013 – March 31, 2014.

Company	Amount
Melchiorre Construction	$459,285

The bid was turned over to Mr. Wright for review and recommendations so the contract may be considered for award at the April meeting.

Authorization of Advertisement of Bids for 2013 Road Improvement Project

Mr. Rodgers had questions regarding material pricing and taxes that Mr. Thompson will research.

Mr. Philips moved to authorize Mr. Wright to post and advertise the 2013 Road Improvement Project Invitation to Bid, and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Approve Spring Oak Planning Module

Mr. John Mosteller was present to update the Supervisors. The Valley Forge Sewer Authority was satisfied that responsibilities were clearly established and the cost share for the Sidley Road Sewer System was recognized. Dewey was no longer involved but the equity holder was the same, and they have retained his services for the project. At some time, the property will be sold to another developer, and Mr. Mostoller assured the Board they’ll continue to work closely with the DRC. Lastly, he plans to appeal to the PUC on PECO’s refusal to place electric meters at the back of the units. Mr. Townes of J. Loew and Associates, with the Pickering Grant project at Charlestown Road and Route 29, plans to join him to hopefully resolve this matter.

Mr. Philips moved to adopt Resolution #804-2013 approving the Planning Module for the Spring Oak Subdivision and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Update on the Fillippo Property – “Spring Oak II”

Mr. Mostoller provided an update on the Fillippo property contiguous with Spring Oak I. He’s working with the DRC on slope and topography. Mr. Fillippo has retained his services for working through the approval process and will be using Langan Engineers, who is the engineer for Spring Oak I. This development will be Phase 3 of Spring Oak. They expect to go to the Planning Commission in April.

Mr. Kuhn asked when Mr. Mostoller expects the Spring Oak project to begin construction, and he responded by July-August of this year.

Resolution to Approve “The Office” Planning Module

Mr. Philips moved to adopt Resolution #805-2013 approving the Planning Module for the Office Bar & Grille and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Establish Impact Fee Advisory Committee for Act 209 Transportation Plan

Michael Richter, Bill Andersen, Andre von Hoyer, Rosemary Philips, Debbie Kuhn, Fran Rodgers, and Cynthia Thompson Ilacqua were named as members of the Impact Fee Advisory Committee.

Mr. Rodgers moved to adopt Resolution #806-2013 to establish an Impact Fee Advisory Committee and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Amend Fee Schedule to Include Charge for Granting Time Extension for Permit Approvals.

The Solicitor recommended that the Board consider adopting a fee schedule for providing written verification of the granting of approvals and the approvals’ extended expiration dates. Mr. Rodgers moved to adopt Resolution #807-2013 establishing these fees and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Proposed Budget Amendments

This item was tabled due to actions taken earlier tonight affecting the budget. Mrs. Csete will revise the proposed amendments for consideration at the next meeting.

Mr. Kuhn moved to table a resolution approving the proposed amendments to the 2013 Budget and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Tax Collector Salary for Term 2014-2017

Mrs. Csete and Mr. Thompson discussed the need to set the compensation for the elected tax collector. No further action was taken.

Other Business

Valley Forge Sewer Authority

Mr. Rodgers explained that an “expansion figure” needed to be set and communicated to the VFSA, so that costs can be allocated to developers planning on future use of the Charlestown Southside Sewer System. Mrs. Csete will send a letter to the Valley Forge Sewer Authority stating a “Revised Total Flow” of 433,000gpd from Charlestown Southside.

Adjournment

Mr. Piliero adjourned the meeting at 9:48 p.m. The next meeting is scheduled for Monday, April 1, 2013, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.