The business meeting for October was held October 4, 2010 at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.
Supervisors: Charlie Philips, Chairman, Hugh Willig, Vice Chairman, Kevin Kuhn, Frank
Piliero, Michael Rodgers
Consultants: Dan Wright, P.E., Mark Thompson, Esq.
Staff: Linda Csete, Administrator, Fred Alston, Public Works Superintendent
Public: See attached sign-in sheet
Mr. Philips announced that executive sessions were held both before and after the September 6, 2010 Board of Supervisors’ meeting to discuss legal matters.
Mr. Kuhn announced that he, Mrs. Csete and Mr. Piliero met with Mike Wolf of Boenning Scattergood and bond counsel Tim O’Neil, Esq. regarding the Board’s plan to refinance approximately $10M in bonds and seek an additional $5M for open space acquisition projects. Mr. Kuhn said the initial numbers appear to be very favorable and he’s in agreement with Mr. O’Neil that staying with Boenning & Scattergood is the best approach taking both costs and their excellent past service into consideration.
Mr. Kuhn said he spoke with Polly Hagen, a member of the Chester Valley Grange, about the future of the Grange Building on Phoenixville Pike. He communicated to her that the Township may be interested in acquiring the building, which she’ll discuss with the other Grange members. Mr. Kuhn said Ms. Hagen has an interest in preserving the historical building and this might be the best way to accomplish it since ownership would otherwise revert to the state if the local chapter was unable to maintain it.
Mr. Philips said he and Rosemary Philips attended an awards ceremony in Harrisburg on September 17th where the Township received an award for Initiative in Education from the Pa. Museum and Historical Commission for the interpretative signage project. He said that Charlestown Township was the only township in Chester County to receive recognition this year out of 30 municipalities statewide.
No matters were brought forward.
Mr. Rodgers moved to approve the minutes of the September 6 2010 business meeting, and Mr. Kuhn seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.
Mr. Rodgers moved to approve the September 2010 Treasurer’s Report and Mr. Kuhn seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.
Mr. Piliero moved to approve the October 4, 2010 Operating Fund Accounts Payable Report and Mr. Philips seconded. Mr. Philips called for discussion and there being none, called the vote, and all were in favor.
Mr. Rodgers moved to approve the October 4, 2010 Open Space Fund Accounts Payable Report and Mr. Kuhn seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.
Mr. Kuhn moved to accept the September reports as submitted, and Mr. Philips seconded and called for discussion.
Mr. Rodgers said West Whiteland Township requested approval tie into the Valley Forge Sewer Authority’s system to handle a portion of their capacity needs. He said the VFSA declined their request, informing them they would have to propose a change to the Act 537 plan for the Authority’s consideration. He added that Charlestown’s cost share of the recent Valley Creek Trunk expansion project in Tredyffrin Township will be in the $300,000 - $400,000 range, but that cost will be covered by the VFSA on Charlestown’s behalf. Also, Charlestown’s share will be for improvements only, not for additional capacity.
Mr. Philips said the Design Review Committee met this morning with J. Loew & Associates to discuss preparations for their preliminary plan submission for the Tyler Griffin property. Copies of their PowerPoint presentation to the Planning Commission were distributed to the Board members on CD. Mr. Rodgers asked if there were any further discussions on making the community age restrictive, and Mr. Philips clarified this is no longer being considered.
Mr. Alston said an invoice was received for repair of the Route 29 traffic signal that was damaged by a truck last month. It will be submitted to the driver’s insurance company for reimbursement to the Township. The total cost is just under $4,000.
Mr. Alston asked if the Board had reviewed the estimate to repair and brace the gingko tree at the Brightside Farm and whether he should go ahead with the work. The Board members told him to proceed.
Mr. Alston requested approval to seek a part time roads assistant to be on call for occasions when he is out of town or otherwise unavailable to respond to minor road emergencies that can be handled by one person without the need to call out the road contractor. While Mark Cabot does a good job assisting in public works projects, he’s not always available during the day. Mr. Rodgers suggested Mr. Alston first discuss with the road contractor as to whether they can provide someone outside of their four hour minimum charge for a truck and operator per the contract. Mr. Willig said he might also check with the other contractors, including the tree and mowing contractors. Mr. Kuhn suggested placing an ad on the township website and citizens’ website for part time help. Mrs. Csete recommended an hourly rate of $18.00 per hour for the position.
Fran Rodgers referred to the Historical Commission’s recommendations on the Brightside Farm, which were provided to the Board in a memo dated 10/1/2010. She said the HARB visited the Farm this summer to determine what preservation steps to take. They reviewed Dale Frens’ recommendations from his 2001 report, in which he described the complex of structures as a good example of a Chester County farm due to their intactness and relationship to one another. They further considered that some of the buildings could be used for various purposes in the future. This led them to conclude that it’s important to keep the farm buildings in good condition, and to that end they recommend that Dale Frens perform an analysis on each one and prioritize them. They also recommend that they seek placement on the National Register of Historic Places in order to be eligible for Keystone Grants in the future. Mr. Philips asked the HARB to obtain a proposal from Dale Frens on providing the analysis along with an estimate of repair costs for the various structures. The Board was in agreement that the HARB may proceed with the steps to place the Farm on the National Register.
Mr. Philips called the vote on acceptance of the reports, and all were in favor.
Mr. Philips introduced Michael Dixon, who submitted a resume and expressed interest in serving as Alternate to the Zoning Hearing Board.
Mr. Kuhn moved to appoint Michael Dixon to the Zoning Hearing Board as Alternate to complete the unexpired term of Andrew Davitt ending 12/31/2012. Mr. Willig seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.
Mr. Thompson opened the hearing to consider amendments to certain provisions and references to statutes and ordinances in the Zoning Ordinance and Subdivision & Land Development Ordinance in conjunction with the codification of the Township ordinances. The proceedings were recorded by William Handy, Court Reporter.
Mr. Thompson entered the following items into the record:
|•||T-2||Letter to the Chester County Planning Commission dated 9/3/10 from Mark Thompson, Esq. attaching a copy of the Ordinance and Act 247 Referral Form|
|•||T-3||Two letters from R. Bailey, Chester County Planning Commission dated 9/20/10 to L. Csete reviewing amendments to the SLDO and Zoning Ordinance|
|•||T-4||Proof of Publication|
Following the hearing, the record was closed. Mr. Philips moved to pass Ordinance #159-2010 amending certain provisions and references to statutes and ordinances in the Zoning Ordinance and Subdivision & Land Development Ordinance, and Mr. Rodgers seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.
Mr. Thompson explained that since various fees will be part of the ordinance codification document, a resolution is needed to adopt them.
Mr. Kuhn moved to approve the drafted fees resolution as Resolution #740-2010, and Mr. Rodgers seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.
Mr. Thompson opened the hearing to consider an ordinance to adopt a codification compilation and revision of the ordinances of Charlestown Township. The proceedings were recorded by William Handy, Court Reporter.
He entered the following items into the record:
|•||T-3||Letter to the Daily Local News dated 9/24/10 from Mark Thompson, Esq. requesting publication of the public notice|
|•||T-4||Letter to the Chester County Law Library dated 9/24/10 from Mark Thompson, Esq. attaching a copy of the Ordinance|
|•||T-5||Proof of Publication|
Following the hearing, the record was closed. Mr. Kuhn moved to pass Ordinance #160-2010 adopting a codification compilation and revision of the ordinances of Charlestown Township, and Mr. Rodgers seconded. Mr. Philips called for discussion. Mrs. Csete said the codification process was a Herculean effort by many individuals in the Township, particularly the Solicitor and Planning Commissioner Mike Allen, who volunteered a great deal of his time in addition to Mr. Philips and many others who reviewed the drafts. The process took 18 months, which is not unusual for a task of this complexity. Now that the codification has been achieved, the codes will be readily accessible from the Township website and is a great tool for township officials and the public alike. Mr. Philips called the vote, and all were in favor.
The following bids for road salt material were opened and read aloud:
North American Salt Company - no bid
Oceanport Industries - $58.00 FOB plant, $40,600; $60.01 FOB delivered, $42,007
International Salt Co.,LLC - $69.00 FOB plant, $48,300; $69.68 FOB delivered. $48,776
Cargill Salt - $60.00 FOB plant, $42,000; $63.60 FOB delivered, $44,520
The bid documents were turned over to Mr. Wright for review and recommendation.
Mr. Piliero said he responded to Mr. Kohli’s recommendation in his letter dated 9/20/10 by requesting that each bidder be asked to provide a policy for repair of curbs and mailboxes damaged during snow removal operations. Mr. Thompson said Mr. Kohli indicated both bidders responded that they had no policy. Mr. Piliero said it should be made a requirement of the bid award that the contractor agree to replace damaged curb and mailboxes at their own expense. Mr. Rodgers asked if this change can be made after the bids have been submitted, and Mr. Thompson said yes, it’s just asking for clarification. Mr. Willig said he thought the purpose of the question in the bid package was merely to ascertain whether they had a policy, not asking them to propose one. Mr. Alston said if the Township had its own equipment and employees, the Township would incur these repair costs and he thought it should be the same when using a contractor. He noted that the contractor is incurring costs already because these incidents damage their plows. Mr. Kuhn disagreed that the situation of using employees is the same as using a contractor. If the contractor damages the curb or a mailbox, he’s then paid to repair it.
Mr. Philips moved to award the contract to Melchiorre Construction Company to provide road labor and equipment rental services to the Township for the period of 10/1/2010 – 3/31/2012, subject to their acceptance of the Township’s policy that they repair damage to curbs and mailboxes at no cost to the Township. If the contractor declines acceptance of this condition, the contract will go to the next lowest bidder. Mr. Piliero seconded. Mr. Philips called for discussion and there being none, called the vote. All were in favor.
Mrs. Csete asked if any of the Supervisors were planning to attend the annual Chester County Association of Township Officials convention on November 4, 2010 so she can register them for the event. Mr. Philips, Mr. Rodgers and Mr. Kuhn indicated they will attend.
Mrs. Csete indicated there are several matters to address in conjunction with the January 1, 2011 transition to countywide tax collection.
Mr. Rodgers moved to adopt Resolution #741-2010 requesting that the Chester County Tax Collection Committee contract for collection of local services taxes on behalf of Charlestown Township and Mr. Philips seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.
Mr. Rodgers moved to execute the Tax Collection Agreement with the Chester County Tax Committee to collect local services taxes on behalf of Charlestown Township and Mr. Kuhn seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.
Mr. Philips moved to adopt Resolution #742-2010 electing to accelerate Act 32 tax collection to begin January 1, 2011 with the tax collector appointed by and under master contract with the Tax Collection Committee. Mr. Kuhn seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.
Mr. Thompson said the County Tax Committee has recommended each municipality re-enact their Earned Income Tax Ordinance prior to the transition to countywide collection. The Board scheduled the hearing for November 1, 2010, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.
Mr. Kuhn explained that if the Board wants to use part of the future bond proceeds for the $300,000 down payment made last month for the Thompson property they must pass a resolution indicating this intention. Mrs. Csete said this reimbursement doesn't really matter as far as township finances go, but where it helps is that all bond proceeds must be expended within 3 years of borrowing the funds. Since the Township is already spending about $10M of the $15M to refinance the existing debt, the remaining $5M must be spent, and including the Thompson down payment helps satisfy this condition.
Mr. Rodgers moved to adopt Resolution #743-2010 electing to reimburse the open space fund $300,000 for the Thompson down payment from the new bond issue when those funds become available. Mr. Kuhn seconded. Mr. Philips called for discussion, and there being none, called the vote. All were in favor.
A public meeting was scheduled for October 21, 2010, 7:00 p.m. at the Township Office, 4030 Whitehorse Road, Devault, PA, to review and finalize the draft of the 2010 budget.
Mr. Kuhn proposed that the Board schedule a road tour this fall to review which roads should be paved next year. Board members, Mr. Alston and Mr. Wright would attend. Mr. Kuhn said he wants paving to begin promptly in the Spring. A tentative date of November 6th was selected, with a van to leave from the Township Office at 9 a.m. Mr. Willig and Mr. Piliero will confirm the date after checking their schedules.
Mr. Willig asked if the Historical Society has responded to the Board’s request for an update on wall repairs for the Markley wagon shed. They were to respond within 30 days of the September 6th meeting. Mr. Rodgers said no, but he’ll attend their meeting Wednesday night and check on their progress. Mr. Kuhn said CHS president John Pittock was also encouraged by the Board to talk with the French & Pickering Creeks Trust attorney about amending their conservation agreement, although he’s personally opposed to a change in the contract, which stipulated that “all buildings shall be kept in good repair.”
Mr. Philips adjourned the meeting at 8:30 p.m. The Board held a brief executive session with the solicitor following the meeting to discuss legal matters. The next business meeting is scheduled for Monday, November 1, 7:30 p.m. at the Great Valley Middle School.