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

The first business meeting for November was held November 4, 2013 at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Present:

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

Call to Order:

7:30 p.m.

Announcements

Mr. Kuhn announced there was an Executive Session after the October Budget Work Session.

Mr. Philips announced there will be a short Executive Session after tonight’s meeting about real estate matters.

Mrs. Csete made the following announcements:

The Transportation Advisory Committee is holding its Public Hearing regarding the creation of designated service area that would be subject to an impact fee upon future development. It is scheduled for Thursday, Nov. 14th at 8 p.m. in the Choral Room, #154 Great Valley Middle School.

The Township was awarded a $25,000 grant to conduct a feasibility study of the Devault Line for possible conversion to a rail-trail. A second grant application, the Green Region Grant sponsored by PECO, is going to be submitted by the December 31st, 2013 deadline requesting an additional $10,000. The total cost of the project is $40,000. If the second grant is approved, the Township will only be responsible for $5,000 of the cost of the project.

Citizens’ Forum

Mrs. Susanna Staas asked a question about the election tomorrow for the positions of Township Tax Collector and Township Auditor. She requested clarification since the Township contracts out for tax collection and hires a CPA firm to conduct the annual audit. She was told the Township is required to have these positions and they are more for procedural fall back than functional, with any nominal salary set by the Board.

Mr. Kuhn asked Mr. Wright if there was an update regarding the Fillippo/Quarry issue. This is regarding a comment made by Lorraine Fillippo at last month’s Meeting during the Citizens’ Forum. Mr. Wright said he had a meeting scheduled with a representative of the Bureau of Lands and Mines but it had been rescheduled. He also visited the home of the resident and said monitoring equipment had been installed and also saw the reason for her concern. Even though the rescheduled meeting isn’t for another few weeks, he obtained information from the representative about the determination of blast vibrations using PPV (Peak Particle Velocity) levels. Mr. Wright said he is reviewing seismic data from the blast reports and will update the Board after the meeting. He believes Charlestown is doing the right things, but at this point he is unsure how this will ultimately decrease the intensity of the blasts.

Approvals

October 7, 2013 Business Meeting Minutes

Mr. Kuhn moved to approve the minutes of the October 7, 2013 Business Meeting and Mr. Willig seconded. Mr. Piliero called for further discussion and there being none, called the vote. All were in favor.

October 28, 2013 Budget Work Session Minutes

Mr. Philips moved to approve the minutes of the October 28, 2013 Budget Meeting 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, 2013

Mr. Philips moved to approve the October 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 November 4, 2013 Operating Fund

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

Accounts Payable Report November 4, 2013 Open Space Fund

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

Reports

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

Mr. Philips said he attended the Design Review Committee Meeting regarding Spring Oak’s phasing and lighting, and also about Pickering Crossings’ asphalt plant neighbor and the impending Marriot. He believed that Phase 1 of Spring Oak was fine but if the following phases did not proceed as planned, the Township may be left with stormwater management problems. But, Mr. Wright explained that the detention basins are oversized and should even help with current flooding concerns. Mr. Wright suggested this be an escrow item.

Mr. Allen from the Planning Commission said Pickering Crossing trees had been cleared, and it exposed a view of a large blacktop pile at the asphalt plant. A 25 foot berm is proposed by the developer along with considering other options. It will be discussed when the builder returns to the Planning Commission with updated Plans.

Mr. Willig reported that the Regional Planning Commission reviewed the growth projections for the Act 209 Transportation Plan submitted by Mr. Comitta for Charlestown Township. They questioned why the figures were higher than expected. Mr. Willig said that there is plenty of time to discuss this before the deadline and will keep members informed.

Hearings

Lighting Regulations - Amendments to the Zoning Ordinance and Subdivision & Land Development Ordinance

The proceedings were taken by Mr. Thomas Corcoran, Court Reporter. Mr. Thompson explained that the Ordinances were reviewed by the Planning Commission and consultants, with changes drafted to update the existing lighting regulations. This entailed moving some of the revised regulations from the Zoning Ordinance (ZO Chapter 27) to the Subdivision and Land Development Ordinance (SLDO Chapter 22). He entered the following into the record with regard to the Zoning Ordinance Amendments:

• T-1 The Lighting Ordinance
• T-2 Letter dated 10/21/13 from Mr. Thompson to the Chester County Law Library enclosing a copy of the Ordinance to amend Chapter 27 of the Zoning Ordinance
• T-3 Letter dated 10/21/13 from Mr. Thompson to the Daily Local News requesting publication of the Public Notice to amend Chapter 27 of the Zoning Ordinance
• T-4 Public Notice
• T-5 Proof of Publication from the Daily Local News
• T-6 Letter dated 10/30/13 from Mr. Thompson to the Chester County Law Library
• T-7 Letter dated 10/11/13 from the Chester County Planning Commission

Mr. Thompson entered the following into the record with regard to the Subdivision & Land Development Ordinance Amendments:

• T-1 Subdivision & Land Development Ordinance Amendments
• T-2 Letter dated 10/21/13 from Mr. Thompson to the Chester County Law Library enclosing a copy of the Ordinance to amend Chapter 22 of the Subdivision & Land Development Ordinance
• T-3 Letter dated 10/21/13 from Mr. Thompson to the Daily Local News requesting publication of the Public Notice to amend Chapter 22 of the Subdivision & Land Development Ordinance
• T-4 Public Notice
• T-5 Proof of Publication from the Daily Local News
• T-6 Letter dated 9/30/13 from Mr. Thompson to the Chester County Planning Commission
• T-7 Review Letter from the Chester County Planning Commission dated 10/11/13

Dan Mallach provided testimony.

Mr. Thompson asked if there were any questions from those present. No individuals came forward. Mr. Kuhn thanked the Planning Commission for two years of persistent work.

Following the Hearing, the record was closed. Mr. Philips moved to adopt Ordinance #180-2013 amending Chapter 27 of the Charlestown Township Zoning Ordinance and Ordinance #181-2013 amending Chapter 22 of the Charlestown Township Subdivision and Land Development Ordinance, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Mr. Allen decided there needed to be a change on page 8 Item J, replacing the phrase “photometric center of the luminaire” with “top of the pole”. Mr. Mallach said this change was consistent with current lighting schemes. Mr. Thompson suggested enacting the Ordinance tonight. A Section 103 Notice that conveys that the Ordinance was adopted, and then amended would be filed. It provides a 30 day challenge window for instances such as this.

Mr. Philips moved to approve the post-adoption change made to page 8 Item J of the Lighting Ordinance, pertaining to Ordinance #180-2013 amending Chapter 27 of the Charlestown Township Zoning Ordinance and Ordinance #181-2013 amending Chapter 22 of the Charlestown Township Subdivision and Land Development Ordinance, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Parking Ordinance

The proceedings were taken by Mr. Thomas Cocoran, Court Reporter. Mr. Thompson explained that the Ordinance was drafted to prohibit parking on Maryhill Road. He entered the following into the record:

• T-1 Letter dated 10/25/13 from Mr. Thompson to the Daily Local News requesting publication of the Public Notice to amend Chapter 15 of the Zoning Ordinance
• T-2 Letter dated 10/25/13 from Mr. Thompson to the Chester County Law Library enclosing a copy of the ordinance to amend Chapter 15 of the Zoning Ordinance
• T-3 Public Notice
• T-4 Full Ordinance
• T-5 Proof of Publication from the Daily Local News

Mr. Thompson asked if there were any questions from those present. The following individuals came forward:

Mr. Willig told the residents that the Ordinance was not initiating “patrolling” but was merely for calls or complaints. There is a safety concern due to people parking on Maryhill Road and then walking across Coldstream Road to the soccer fields at Charlestown Park. There was a brief discussion regarding locking the gates vs. access for emergency vehicles. The soccer clubs will receive a letter from the Township with information regarding the new amendment.

Board Members decided the draft should be changed to prohibit parking only on Saturday and Sunday from 8 a.m. to 4 p.m.; Mr. Jones of the Park and Recreation Board agreed.

Following the hearing, the record was closed. Mr. Philips moved to adopt Ordinance #182-2013 with the proposed changes, amending Chapter 15 of the Charlestown Township Zoning Ordinance, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Old Business

Review Revised Stormwater Management Ordinance

Mr. Wright presented the background for the proposed revisions for the Stormwater Management Ordinance, bringing it into compliance with the countywide requirements under Act 167.

Mr. Philips moved to schedule a hearing to consider the revisions to the Stormwater Management Ordinance for December 2, 2013 at 7:30 p.m. at the Great Valley Middle School Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Review DEP Recycling Ordinance Recommendations

Mr. Wright explained that since his Executive Summary a few months ago, he has incorporated comments as the Board requested from Mr. Ed Theurkauf and the Planning Commission. In his draft, he was sensitive to the Board’s view of standards for redeveloped sites, and after Mr. Thompson reviewed the document, it was forwarded to the County.

Mr. Thompson said Charlestown Township was recently mandated by the PA Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 (Act 101 of 1988) to enhance its curbside recycling efforts since its population now exceeds 5,000 at 5,671. But, Mr. Thompson did not feel it was mandatory to included specific changes requested by the County with regard to leaf waste recycling.

Mr. Kuhn did not want to change anything that would increase trash hauling costs within the Township. Mr. Thompson suggested that since haulers were already making leaf waste provisions, these provisions be used to put into the Recycling Ordinance. Mrs. Csete will contact local haulers and find out exactly what provisions they have for leaf removal, and then he’ll prepare a draft ordinance that incorporates these changes for review by the Planning Commission in December. He said that the current ordinance is substantively in compliance with the new mandates.

Mr. Allen said he would like the ordinance to address adding prohibitions against the use of plastic bags and plastic take out containers in commercial and retail areas, and to add a requirement for separation of drywall at larger construction sites. Mr. Willig suggested Mr. Allen bring up issues like new construction practices, level of separation verses LEED standards, and other recycling options, for a more thorough discussion at the next Planning Commission Meeting.

New Business

Proposal for Charlestown Community Day October 4th, 2014

Parks & Recreation Board member Ms. Karen Schlichter presented a proposal for next year’s Community Day events. She said after a post 2013 Community Day follow-up meeting, several changes were suggested.

In addition, they have a clear focus on next year’s goals, and want to encourage the community to join together for a day of wellness, community spirit, and enjoyment of the Township’s beauty. For 2014, they decided to choose an October date and have a harvest festival theme. As part of this goal, they’d like to support a local non-profit group (501c3) each year. They proposed a 5k run to benefit the Charlestown Playhouse for 2014. The Playhouse has a current capital campaign and will provide a Sponsorship Committee.

A 5k, and then a soccer tournament, demonstrations by children, and finishing the day with football at the fields, will provide a day long draw of both local and new visitors to the Park. The Committee also intends on creating a logo and a website specifically for that day. The event will have a committee made up of the following members;

Mr. Philips had volunteered to be the Board contact for Community Day. The Township is expected to provide primarily what it did for 2013’s event. Mr. Kuhn congratulated the Parks & Recreation Board on a great job for the 2013 Community Day and wondered if they were cutting anything out next year. Ms. Schlichter said not on the 2014 list were helicopter rides and for at least next year, the bus tour. Mr. Philips told the Committee that he felt it was a well thought out plan.

Execute Vision Partnership Grant Contract for the Devault Line Feasibility Study

Mrs. Csete referred to the $25,000 grant awarded to the Township to conduct a feasibility study for a potential rail to trail conversion of the Devault Rail Line. This trail could potentially link to the Borough of Phoenixville and then to the Schuylkill River Trail. Mrs. Csete stated the contract had to be executed and returned to the County by November 25th. The consultant named in the contract is Campbell Thomas & Company. They will be briefing the Township in regards to project scope, administrative procedures, project benchmarks, and work with the Township and County for the completion of a planning program.

Mrs. Staas, a member of the Trail Committee will be contacting Mr. Lawrence. He has been working on this project, on his own, for many years and offered his assistance.

Mr. Kuhn moved to approve the Vision Partnership Grant Contract and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Resolution to Authorize Application for Green Region Open Space Grant

Mrs. Csete said she prepared an application to the 2013 PECO Green Region Open Space Program for additional funds for the Devault Line Study. Up to $10,000 in matching funds is available, and if awarded, would cover most of the Township’s costs of the study not being paid for by the County grant. A resolution is required as part of the grant application.

Mr. Kuhn moved to adopt Resolution #815-2013 authorizing the application to the PECO Green Region Open Space Program for the Devault Line Feasibility Study and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Website Design & Maintenance Agreement 11/1/2013 – 10/31/2014

Mrs. Csete said the Township’s Website Design & Maintenance Agreement needs to be renewed, since it expired on November 1st. After a conversation the website designer, Allen Underkofler, an hourly increase was communicated to the Board and included in the new contract.

Mr. Philips moved to approve the Website Design and Maintenance Agreement with Allen P. Underkofler for the period of 11/1/13 to 10/31/2014 and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none called the vote. All were in favor.

Resolution Re-Adopting the Emergency Operations Plan

Mrs. Csete said the Fire Marshal had notified her that prior to the November 19th semi-annual Limerick Drill, the Township’s Emergency Operations Plan must be reviewed and re-adopted. Mr. Hubbard had reviewed the existing plan with county officials and it was determined that the plan remains current and needs no amendments.

Mr. Willig moved to adopt Resolution #816-13 re-adopting the Emergency Operations Plan of Charlestown Township and Mr. Philips 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 9, 2013 that designated Oceanport Industries as the lowest responsible bidder to provide road salt to the Township for the 2013-2014 season. Mr. Kuhn moved to award the Road Salt Contract to Oceanport Industries and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Escrow Release Request #1 – Pickering Crossing

Mrs. Csete referred to Mr. Wright’s letter dated October 29, 2013 indicating that the Escrow Release Request for Pickering Crossing is in order. Mr. Wright confirmed he had visited the site for inspection. Mr. Philips moved to approve Escrow Release #1 for Southdown Homes’ Pickering Crossing project in the amount of $97,303.39, and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Authorize Advertising for Adoption of 2014 Budget for December 2, 2013

Mr. Kuhn moved to authorize the Manager to advertise the proposed 2014 Budget for consideration of adoption at the December 2, 2013 Board of Supervisors meeting, 7:30 P.M. in Room 154 of the Great Valley Middle School, 255 North Phoenixville Pike, Malvern, PA. Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Authorize Advertisement of Intent to Appoint a CPA to Audit the 2013 Accounts

Mr. Philips moved to authorize the Manager to advertise the Board’s intention to appoint a certified public accountant at the Reorganization Meeting to conduct the 2013 audit. Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Other Business

Mr. Philips announced that at Pickering Crossing and Spring Oak, there had been a resolution of the PECO issue. All homes, with a few exceptions, will have meters in the rear. A small number of single family homes in Spring Oak have no alley in the rear of the unit, so the electric meters will be located towards the rear.

Adjournment

Mr. Piliero adjourned the meeting 9:25 p.m. and announced that the Board would hold an executive session immediately following. The next meeting is scheduled for Monday, December 2, 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, 11/4/2013