Charlestown Township Board of Supervisors Business Meeting Minutes of July 6, 2015

The first business meeting for June was held July 6, 2015 at the Great Valley Middle School, 255 N. Phoenixville Pike, Malvern, PA, Room 154.

Present:

Supervisors:	Frank A. Piliero, Chairman, Kevin R. Kuhn, Charles A. Philips and Hugh D. Willig. Michael J. Rodgers, Vice Chairman, was absent.
Consultants:	Mark P. Thompson, Esq., Daniel Wright and Thomas Comitta.
Staff:	Linda Csete, Manager, Tim Hubbard, Property & Safety Coordinator, Jim Thompson, Public Works, and Lisa Gardner, Recording Secretary.
Public:	See attached sign-in sheet

Call to Order:

7:32 p.m.

Announcements

Mrs. Csete announced that the Board held an Executive Session following the June 1, 2015 meeting at the Great Valley Middle School to discuss legal matters.

Mr. Philips said the Township purchased the Auchincloss property, consisting of 2 parcels of 58 acres on Hollow Road, to preserve as open space. The current plan is to place conservation easements on them and resell.

Mrs. Csete said the September meeting will be held on Tuesday, Sept. 1st due to the timing with Labor Day.

Citizens Forum

Ann Burgoon, Shannon Muldoon, Alix Coleman, and Ruth Van Tassel Baumann came to discuss a fireworks incident at the Deerfield development. Each of these residents is in charge of horses, and said it had scared them. Referring to previous incidents, one person was injured trying to calm a horse; one owner believes a foal died, due to the failure of the neighbor to notify them about fireworks.

Mr. Hubbard said although the resident and fireworks company had been given a permit, there were four stipulations they had to meet.

1. Notify neighbors
2. Notify owners of livestock within a one mile radius
3. Receive HOA permission
4. Have emergency personnel nearby

Since they did not fulfill the above responsibilities, Mr. Hubbard will be writing a letter to the resident telling them that the Township is aware of the violation of the terms of the permit, and that they shall not receive another permit for fireworks. In addition, the company that was hired to launch them will not be issued a permit in Charlestown Township again. He will copy the PA Attorney General. There was further discussion about adding a section in the next spring newsletter about fireworks in Charlestown Township, and also adding a restriction for the size of properties that can have displays of this type in the Zoning Ordinance. Mr. Wright suggested requiring proof of notification by registered mail, before issuing future fireworks permits.

Approvals

June 1, 2015 Business Meeting Minutes

Mr. Philips moved to approve the minutes for the June 1, 2015 Business Meeting and Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Treasurer’s Report June 1 - 30, 2015

Mr. Philips moved to approve the June 2015 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 Reports for Operating Fund for July 6, 2015

Mr. Kuhn moved to approve the General Fund Accounts Payable Report for July 6, 2015 and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Report for Open Space Fund for July 6, 2015

Mr. Kuhn moved to approve the Open Space Fund Accounts Payable Report for July 6, 2015 and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Reports

Mr. Philips moved to accept the June 2015 reports #1-14 as submitted and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Mr. Philips invited the Supervisors to come to the next Historical Commission Meeting. It will be held at the Mill, and they can see the new equipment that has been installed by Mr. Frunzi. Once the signage is complete, the Mill will be open to the public.

Presentation

Eagle Scout Nick Stillwell described a bridge and boardwalk he plans on building as improvements for the Pickering Trail. He is extending a previous bridge over a section of trail that floods frequently and also plans to build a boardwalk directly after a bridge (built by his brother) in another area that is frequently flooded. He provided the Board with pictures and a detailed drawing. The Board of Supervisors thanked him for his presentation, and asked him to work with the Township Engineer if he had any questions.

Hearings

Comcast Franchise Agreement

Mr. Thompson opened the hearing to consider an ordinance to enter into a franchise agreement with Comcast of Southeast Pennsylvania, LLC, and Comcast of Pennsylvania, LLC Cable TV. Compensation was given to the Township since the agreement was delayed by Comcast.

The brief hearing was closed. Mr. Kuhn moved to adopt Ordinance #190-2015, An Ordinance to Enter into Comcast Cable TV Franchise Agreement, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Ordinance Amendments to Sections 16-101 Active Recreation Parks and 16-102 Passive Public Park and Open Space Lands

Mr. Thompson opened the hearing to consider adoption of the ordinance amendments to Sections 16-101 and 16-102.

Previous law did not allow a person to carry a firearm while on Township grounds. However, this was considered deprivation of Second Amendment firearms rights. Therefore, changes to the state law have recently been made, allowing a firearm, but not allowing it to be discharged. There was a procedural technicality while enacting this change, but nonetheless, no township can prevent the right to carry. This amends the Charlestown Township Parks and Recreation Ordinance for its active recreation parks, passive public parks, and open space lands. It is prohibited to shoot or discharge any firearm, slingshot, pellet gun, air rifle, archery equipment or explosive in any of these places. There were no comments.

Following the hearing, the record was closed. Mr. Kuhn moved to adopt Ordinance #191-2015 amending Sections 16-101 and 16-102 of the Parks & Recreation Ordinance. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Old Business - None

New Business

Diament Building Corporation - Minor Subdivision Plan for Parcel 35-3-1

Mr. John Diament and Mr. Thomas Lull were present to seek approval of a 2 lot subdivision plan for an 8 acre parcel at 2130 Seven Oaks Road. One lot has a small home on it. The two lots cannot be further subdivided (to be noted on the Plan).

Mr. Hornsey, a neighbor from across the street in West Pikeland Township, was in attendance to tell the Board that stormwater runoff was creating a problem for him. Due to stormwater from other properties, he was going to have to move fence posts and his stream banks were eroding. Mr. Wright had visited him and given him a suggestion, which has helped, but he wants the runoff water more controlled. The development of Rosewood started the runoff problem; Mr. Hornsey is concerned that it could worsen.

Mr. Wright reassured Mr. Hornsey that the new County requirements control water more than before (when Rosewood was built). Stormwater will go into the ground after capture, meaning less surface water. Mr. Wright is also working with Mr. Diament and Mr. Lull to direct another property’s stormwater into a detention basin, and improving a driveway with a swale.

Mr. Wright said that there were three stipulations that should be made before final approval was granted by the Township.

1. Receipt of the Land Planning Module
2. Receipt of a well permit
3. Receipt of a PennDOT Highway Occupancy Permit for driveway improvements

Mr. Wright told Supervisors that Mr. Diament and Mr. Lull had offered to help the Hornseys on their own initiative. He added that developers have an obligation and mandatory plan for stormwater so Mr. Hornsey should see future improvement. Mr. Diament and Mr. Lull asked Mr. Hornsey to come to them if he had more problems. Mr. Thompson reminded the Board that there was an ongoing obligation to maintain the stormwater management, and it could always be revisited if there was still a problem after the Diament project was finished.

Mr. Philips moved to approve the Diament Subdivision Plan last revised 6/6/15 and Mr. Kuhn seconded. Mr. Piliero called for discussion, and their being none, called the vote. All were in favor.

Resolution to Update Fee-in-Lieu Fee Schedule

Mr. Comitta distributed a handout dated July 6, 2015 outlining proposed updates to the Fee-in-Lieu Fee Schedule, amended at the June Board Meeting. For tonight, Mr. Comitta reviewed additional improvements suggested in June.

1. Brightside Farm building improvements
2. Brightside trail, meadow, and garden improvements
3. Brightside stormwater improvements
4. Volpi tract recreational improvements

Effective immediately once approved, the Fee-in Lieu passed in June at $2,666 (#9 on the Fact Sheet) would now be $3,999 (#15). Mr. Comitta included a detailed formula and chart portraying population and housing units, trends and projections, and inflation that support the revised figure. Mr. Wright supported the new amount being considered tonight.

Mr. Philips moved to approve Resolution #850A-2015 updating the Fee-in-Lieu Fee Schedule, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Auchincloss Property

Mr. Kuhn stated that the Township now owned this property. Plans to offer a lease to caretakers will be taken care of by Mrs. Csete. The monthly rent will be $500 and the lease at Brightside Farm will be used as a template. No utilities will be included in the rent amount.

Mr. Thompson had made Mr. Kuhn aware of a potential leak in the above ground oil tank. Mr. Wright said only one probe had come up with a positive result, and he was given the go ahead to take the next step to rectify the situation.

Next Steps: Volpi and Jenkins Properties

The Board held a discussion on the next steps with the Township owned Volpi and Jenkins properties. Mr. Thompson will bring a comparison of the benefits of auction vs. sealed bids to the August Meeting. Supervisors were told that they could choose a bid that was residential over commercial, as long as the preference was detailed in the bid documents. Lots will not be considered for individual sale.

Charlestown Mill Proposal for Additional Equipment

The Board discussed Mr. Richard Frunzi’s proposal dated May 22, 2015 for reinstalling additional equipment at the Charlestown Mill, including the corn crushing machine, cider press, and generator. Drain work at the Mill will be coordinated by Mr. Thompson; he will ask Melchiorre Construction to complete the repair. Interpretative signage is being designed per Mr. Philips.

Mr. Kuhn moved to accept Mr. Frunzi’s proposal dated May 22, 2015 for $5,500, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Award Contracts – Charlestown Park

Mr. Bob Dettore of JD Bravo Company said he reviewed the bids received for the three contracts relating to improvements at Charlestown Park. To the surprise of Mr. Dettore, there were no bids received for construction or plumbing, and only two for electrical.

Mr. Detorre said 6 general contractor firms attended the mandatory pre-bid meeting. When he contacted them, two companies said it was not their type of project and didn’t intend on bidding. Two more said the timing or their capacity wouldn’t logistically work, and finally two companies that intended to bid could not. These two companies had relied on only one firm, suggested by the Township, for a demolition quote. This company did not respond.

Mr. Detorre revised the Project schedule, moving the date a month further into the year with a completion date estimated at April 2016. Since this began as a public bid it must continue, but the referral for demolition will be removed. Also, the bidding will be paper and electronic, and since it is later in the year, more companies may be able to bid.

Mr. Philips moved to approve the advertising of a second round of bidding, to be awarded at a second August Meeting to be scheduled. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Purchase Order for Pavilions at Charlestown Park

The Park’s general contractor, being announced at the August Meeting, will need to approve the engineered drawings for the pavilions. Mr. Detorre said that the Township being the purchaser of the pavilions may be a positive for the contractor, and it is not a reason why there were few bids.

Mr. Piliero moved to approve the purchase order for the new pavilions at Charlestown Park from Recreation Resource USA through Co-Stars for the quoted price of $173,063.25 and allowing for a 5% contingency, or additional $8,653.00, not to be exceeded, in the event there are any minor price or scope adjustments necessary. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Program Management Services – Construction Phase of Charlestown Park Improvements

JD Bravo proposed management services from July 6, 2015 to January 31, 2016 at $68,750.00. Mr. Detorre added that he has been under his estimates so far for this project, and has been involved since the first steps in 2013.

Mr. Kuhn moved to approve the JD Bravo proposal dated June 10, 2015 to manage the construction phase of the improvements at Charlestown Park, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Authorization for Treasurer to Invest Open Space Funds

Mrs. Csete asked Supervisors for the next approval needed as she staggers additional investments into the CDARS Program. This program places CDs issued by other banks, in increments below the FDIC insurance maximum, so both principal and interest are protected. The interest rates are very competitive. The first interest earned had been credited to the Township last month, it was approximately $1,500. The rates are much better that what is currently offered by PLGIT, where the funds are now.

Mr. Philips authorized the Treasurer to wire $1.25 million from the Open Space Account to First Resource Bank, for the purchase of Certificates of Deposit through their CDARs Program. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Phoenixville Regional Planning Committee Amended Implementation Agreement

Mr. Willig describe a few housekeeping items for this update. Mr. Thompson will compile comments as requested for the August Meeting.

Deerfield Development Dedication

Supervisors were updated regarding some landscaping issues at Deerfield. But, after a meeting with Pulte, Mr. Thompson felt things would be quickly resolved, and then he could recommend dedication. Mr. Wright told the Board that he was waiting for the latest “as built” plans.

Pickering Crossing, the Village at General Warren, and Spring Oak Escrow Releases

Mr. Wright told the Board that there was about $400 in uncompleted landscaping for the Pickering Crossing release, but he still was in favor of the release. Spring Oak has now submitted estimates for the Phase 2 escrow agreement, which will be reviewed by Mr. Thompson.

Mr. Philips said, at the DRC meeting, the Spring Oak rep said they were unearthing large boulders, and offered to move them for Township use. Some may go to the Park.

Mr. Philips moved to approve Escrow Release #21 in the amount of $143,819.83 for Pickering Crossing, Escrow Release #4 in the amount of $58,509.97 for the Village at General Warren, Escrow Release #10 in the amount of $2,179.43 and #11 for $139,851.81 for Spring Oak. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business

With regard to the fence removal at Charlestown Park, Mr. Thompson said he thought Long’s fence removal bid was high and the township contractor will be used instead.

Adjournment

Mr. Piliero adjourned the meeting at 9:10 p.m. The next meeting is scheduled for Monday, August 3, 2015, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, in Malvern, PA.