Charlestown Township
Board of Supervisors Business Meeting
Minutes of October 7, 2013

The first business meeting for October was held October 7, 2013 at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Present:

Supervisors: Michael J. Rodgers, Vice Chairman, Kevin R. Kuhn, and Hugh D. Willig. Charles A. Philips and Frank A. Piliero, Chairman, were absent.
Consultants: Dan Wright, P.E., Dale Frens, AIA and Mark P. Thompson, Esq.
Staff: Linda Csete, Manager, Jim Thompson, Roadmaster, and Lisa Gardner, Recording Secretary.
Public: See attached sign-in sheet

Call to Order:

7:36 p.m.

Announcements

There were no announcements.

Citizens’ Forum

Ellen Behrle announced she was there to represent Paul and Julie Marshall regarding signs. The Marshalls live on a shared but private lane named Alexis Lane owned by the abutting neighbor. She distributed three different photos of three signs for the Supervisors to view, along 45 feet of the lane. Mrs. Berhle’s point was that the Ordinance pertaining to signs did not say how many are permitted, but having three was unsightly. She had not received a requested response from the Zoning Officer, except that it was up to him to determine how many signs were too many. Mr. Willig asked Mr. Wright if he had talked to the sign owner. He said he had met with the owner who was unhappy about traffic, especially drivers doing U-turns or parking on his land. Mr. Wright qualified the signs, since they met size and distance regulations, and were allowable in the FR district.

Mrs. Behrle also mentioned a silt fence that both the Marshalls and the same neighbor want removed. It had been there since both had bought their properties. She said the Township was responsible for removal now, since the escrow from the developer who installed the fence had been returned to him before fence removal. Mr. Kuhn told Mrs. Behrle that the Township would not remove a fence on private property.

Mr. Rodgers said private lane sign posting, and the applicable fees in regard to the Ordinance, was to be researched by Mr. Thompson. Mr. Thompson also said he doubted the Township was responsible for the fence but agreed to look into it.

Ms. Lorraine Fillippo mentioned a previous conversation with Mr. Wright regarding the quarry blasting near her home. She said it had become more frequent, closer, and more intense than in past years. She said her home was repeatedly showing fractures and foundation cracks, etc., even though she had it repaired a few years ago. Seismic measuring of the blasts by a quarry representative have been performed outdoors. Since this was done outside the home, she felt an interior measurement was needed. Mr. Wright said his office receives copies of all blast reports and they show the blasts are within the limits. Mr. Wright said he would look into measuring air shock and will ask for help from the Bureau of Lands and Mines. Mr. Willig and Mr. Kuhn discussed the possibility of the Bureau, the quarry officials, and the residents, all attending a meeting. Discussion would help the quarry representatives to realize what is happening, and that soon it will be affecting more than just a few homes. The Supervisors asked to be copied on all correspondence.

Approvals

Sept. 3, 2013 Business Meeting Minutes

Mr. Kuhn moved to approve the minutes of the Sept. 3, 2013 Business Meeting and Mr. Willig seconded. Mr. Rodgers called for further discussion and there being none, called the vote. All were in favor.

Treasurer’s Report Sept. 1 - 30, 2013

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

Accounts Payable Report October 7, 2013 Operating Fund

Mr. Kuhn moved to approve the October 7, 2013 General Fund Accounts Payable Report and Mr. Willig seconded. Mr. Rodgers called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report October 7, 2013 Open Space Fund

Mr. Kuhn had a question about the Carmody & Associates invoices then moved to approve the October 7, 2013 Open Space Fund Accounts Payable Report and Mr. Willig seconded. Mr. Rodgers called for discussion, and there being none, called the vote, all were in favor.

Reports

After viewing the Roadmaster Report, the Supervisors commended the Roadmaster on the work done this summer to improve certain Township Roads. Mr. Kuhn moved to accept the September 2013 reports #1-14 as submitted, and Mr. Willig seconded. Mr. Rodgers called for further discussion, and there being none, called the vote. All were in favor.

Old Business

No Parking Ordinance – Finalize list of Streets and schedule Hearing

Mrs. Csete circulated a list of roads that have been considered for parking restrictions. Mr. Rodgers directed the Solicitor to draft an ordinance prohibiting parking on Maryhill Road between Coldstream Road and Jamie Lane.

New Business

Review Brightside Farm Bid Results

Mr. Dale Frens discussed the bids that were opened at the Township Office on October 2nd at 2:00 p.m. The bids were as follows:

Nickles Contracting Inc. $375,500 Base Bid, Alternate #1 at $392,000, Alternate #2 at $344,000

Powder Valley Construction Inc. $275,500 Base Bid only

Neither base bid was acceptable to the Supervisors. Mr. Frens’ opinion was that the cellar work involved intensive handwork and this made the bids high. He was also surprised there were only two bidders when seven had attended the pre-bid meeting.

Mr. Rodgers’ and Mr. Kuhn’s suggestions included waiting on the project, rewriting or restructuring the bid. Dale said temporary measures were needed as soon as possible for the windows, but it was hard to separate these from the package due to the expertise needed with frames and sills, etc.

It was decided that Mr. Frens would go back to the bidders who attended the pre-bid meeting for their input, restructuring the bid (including an experience clause), and putting out the bid for the windows only to a larger circle of vendors. January 15th is the new adjusted target date for the windows to be installed.

Spring Oak – Request for Waiver to allow Gas Meters in the Fronts of Homes

John Mostoller requested approval of a revised plan that would permit gas meters to be located at the front of the homes at Spring Oak while electric meters would be in the back. Mr. Wright approved of the design, noting if there was no alley in the rear of the unit, the electric meters would at least be located towards the rear.

Mr. Kuhn moved to approve the Final Plan with these amendments on sheets 39-43, subject to screening of the meters to be reviewed by the DRC. Mr. Rodgers seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor. Mr. Thompson will prepare a formal approval letter.

David Warner – Request for Waiver from Stormwater Management Ordinance

David Warner, 2159 Valley Hill Road requested a waiver from Stormwater Management Ordinance Section 23-302.B to allow for acceptance of a simplified stormwater design due to the small size of the proposed improvements for his proposed addition to his home. Mr. Wright said he supports the request. Mr. Kuhn moved to approve the waiver from SMO section 23-302.B for David Warner and Mr. Willig seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Appointment to Parks & Recreation Board to complete vacant term ending 12/31/2014

Mr. Kuhn moved to appoint Karen Schlichter to the Parks & Recreation Board to complete Matt Finlay’s unexpired term ending 12/31/2014. Mr. Rodgers seconded. Mr. Rodgers called for discussion, and there being none, called the vote, all were in favor.

Open Road Salt Bids

The following bids for 700 tons of road salt were opened and read aloud:

Cargill Salt: $61.50 unit or $43,050 FOB plant; $63.36 unit or $44,352 delivered
North American Salt Co. – Letter of “No Bid”.
Eastern Salt Co. - Letter of “No Bid”.
International Salt: $88.00 unit or $61,600 FOB plant; $88.12 unit or $61,684 delivered
Oceanport Industries:$55.00 unit or $38,500 FOB plant; $58.75 unit or $41,125 delivered

The bid documents were turned over to Mr. Wright for review and recommendation so the contract can be awarded at the November Meeting.

Tax Exempt Bonds Post-Issuance Compliance Policy and Appointment of Bond Compliance Officer

Mrs. Csete said the Board received correspondence from Bond Counsel Thomas J. O’Neill, Esq. outlining the requirements to comply with federal securities law while bonds are outstanding. The letter suggests the Board consider adopting the draft Compliance Policy provided, which would include the appointment of a Bond Compliance Officer.

Mr. Kuhn moved to adopt the Tax Exempt Bonds Post-Issuance Compliance Policy and to appoint Linda Csete as Bond Compliance Officer. Mr. Willig seconded. Mr. Rodgers called for discussion, and there being none, called the vote, all were in favor.

CCATO Convention Nov. 7th – deadline is 10/31/13 to make reservations

Mrs. Csete asked if any of the Supervisors present were planning to attend the annual Chester County Association of Township Officials Convention on November 7th, 2013 so she can register them for the event. The deadline to register is October 31st. She will email Mr. Piliero and Mr. Philips. Mr. Rodgers indicated he will attend.

Budget Amendment – Woolen Mill Improvements

Mrs. Csete noted that the Board approved the restoration of selected mill equipment for a cost not to exceed $50,000 at the July 1, 2013 meeting, but now that the project has been authorized, an amendment must be made to the Open Space Fund Budget to provide these additional funds. Because there’s a considerable surplus in the fund due to an unexpected increase in Earned Income Taxes received during 2013, the funds are readily available.

Mr. Kuhn moved to adopt Resolution #814-2013 amending the Open Space Budget for 2013 to add $50,000 to the category for Woolen Mill Improvements, and Mr. Rodgers seconded. Mr. Rodgers called for discussion, and there being none, called the vote, all were in favor.

Schedule Transportation Advisory Committee Hearing for Presentation of Land Use Assumptions Report

Mrs. Csete stated an official Hearing for the presentation of the Transportation Advisory Committee’s Land Use Assumptions Report was planned by Tom Comitta for the November 4th Board of Supervisors Meeting. However, after considering the pending items on that agenda, the Board of Supervisors decided that the Hearing should be scheduled separately. Mrs. Csete will notify Mr. Comitta via email.

Schedule Budget Work Session (no later than Oct. 28)

A public meeting was scheduled for Monday October 28 2013, 7:00 p.m. at the Township Office, 4030 Whitehorse Road, Devault, PA, to review and finalize the draft of the 2014 budget.

Other Business

Mr. Kuhn had a meeting with Dan Aquilante and also talked further with the Roadmaster regarding the Cornog-Supplee (Volpi) house. He stated the Board needed to have a fallback position to the current plan of renovating and selling the house. The estimate to clean up the property is $10,000-$12,000 mainly due to the amount of debris and the topography around the house. It will be $15,000 to go through the auction process regardless of whether it sells. The subdivision process to portion off 5 acres with the house will cost $20,000 to $25,000. The estimate to demolish is approximately $20,000. Further complicating the issue is the difficulty of ensuring a buyer would follow through with restoration, and not allow it to further deteriorate or build something different after demolishing it.

The Supervisors decided to conduct a site visit. Mrs. Csete will send an email to anyone who may be interested, to set a date and time for a Saturday in October.

Adjournment

Mr. Rodgers adjourned the meeting 9:15 p.m and announced that the Board would hold an executive session immediately following. The next meeting is scheduled for Monday, November 4, 2013, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.

Respectfully submitted,


Lisa Gardner
Recording Secretary
Sign-in sheet, 10/7/2013