Charlestown Township Board of Supervisors Business Meeting Minutes of April 1, 2013

The first business meeting for April was held April 1, 2013 at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Present:

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

Call to Order:

7:40 p.m.

Announcements

There was an Executive Session held at 6:45 p.m. tonight to discuss legal and real estate issues.

Mr. Piliero was absent; Mr. Rodgers would be acting Chairman for the evening.

Mr. Jones stated the Phoenixville School District and the Charlestown Township Board would soon be receiving a letter regarding the need for an appraisal of property for expansion of the Charlestown Park parking lot.

Mrs. Csete made the following announcements:

1. The annual Earth Day Clean-up is scheduled for Saturday, April 20th with a rain date of April 27th. Handouts are available.
2. Charlestown participates in the County program to collect Household Hazardous Waste. There’s a drop off collection event at CAT-Pickering on Saturday, April 13th. Handouts are available.
3. The Trail Committee has planned three trail walks this spring, the first on Sunday, April 21st. Handouts are available.
4. State Rep. Duane Milne is sponsoring a Shredding & Recycling Event at Penn State Great Valley on April 27th. Prescription drugs and electronics can also be dropped off. Handouts are available.
5. Throughout the year, Charlestown residents have been extended the courtesy from Phoenixville Borough to take advantage of their yard waste drop off site for a small fee. Handouts are available.
6. Keep Saturday, June 1st open to enjoy the activities at Charlestown Community Day, which is being planned jointly by the Historical Society and the Parks & Recreation Board. Details will be provided later this evening by the Historical Society President John Pittock.

   Mr. Philips suggested a helicopter noise warning to residents in an upcoming newsletter mailing.

7. Mr. Philips mentioned that the Municipalities Planning Code restricts the size of a Transportation Service Area to seven square miles. Besides a few sporadic parcels, it so happens that the area focused on by Charlestown Township as a preliminary TSA is fitting into statute guidelines very well. The boundary is contiguous and follows parcel lines, not roadways, which is in accordance with the Transportation Impact Fees Handbook section regarding Roadway Sufficiency Analysis.
8. Mr. Philips asked Mrs. Csete to send residents along Charlestown Road and Phoenixville Pike notification regarding Earth Day and request their help in cleaning up in front of their properties as our volunteers cannot safely navigate along the road.

Citizens’ Forum

Mrs. Sue Staas asked Supervisors about the Standard Operating Procedure for acknowledging Eagle Scouts; Mr. Philips mentioned a procedure followed by the Township in the past that includes a Letter of Recognition and a certificate.

Approvals

March 4, 2013 Business Meeting Minutes

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

Treasurer’s Report March 1- 31, 2013

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

Accounts Payable Report April 1, 2013 Operating Fund

Mr. Kuhn moved to approve the April 1, 2013 General Fund Accounts Payable Report and Mr. Philips seconded. Mr. Rodgers called for discussion, and there being none, called the vote, and all were in favor.

Accounts Payable Report April 1, 2013 Open Space Fund

Mr. Kuhn moved to approve the April 1, 2013 Open Space Fund Accounts Payable Report and Mr. Philips seconded. Mr. Rodgers called for discussion, and there being none, called the vote, all were in favor.

Accounts Payable Report April 1, 2013 Liquid Fuels Fund

After Mrs. Csete mentioned an additional disbursement to Melchiorre Construction for snow and ice removal, Mr. Philips moved to approve the April 1, 2013 Liquid Fuels Fund Accounts Payable Report and Mr. Kuhn seconded. Mr. Rodgers called for discussion, and there being none, called the vote, all were in favor.

Reports

Mrs. Csete mentioned an emailed report from Parks & Recreation Board member Jim Quay. He donated a considerable amount of his time at Charlestown Park picking up trash, repairing the fence, removing the playground roof, trimming trees and making recommendations for tree work and mulching. He added fellow board member Mary Lou Forcine’s husband had inspected the chimney at one of the pavilions and determined it’s stable. Mrs. Csete said she thanked Mr. Quay when he stopped by the office the other day on behalf of the Board.

Mr. Philips stated that a guide for historical homeowners of Charlestown Township is nearing completion and would soon be available for the Supervisors to review.

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

Hearing

Whitehorse Estates Conditional Use Application

The proceedings were taken by Frank Corcoran, Court Reporter.

Six Conditions of Approval, regarding redesign and outlining procedural steps, were sent to the Applicant. The Applicant, Lance Altemose, was present and acknowledged receipt.

Mr. Thompson closed the hearing. A decision is due within 45 days.

Old Business

Solicitation Ordinance Clarification for Charlestown Hunt

Jim McGinty and Carol Mitchell were present from Charlestown Hunt Town Watch and the community HOA to relay concerns over solicitation problems. Ms. Mitchell read from a prepared statement emphasizing that Charlestown Hunt has a “No Solicitation” sign at the only entrance to their community. Current directions given by the HOA to residents regarding solicitors is that they are to call 911 if suspicious persons or vehicles are observed. She told Supervisors that the State Police are refusing to respond to these calls, since they are not responsible for enforcing township ordinances.

According to Ordinance 12-69, approved solicitors must carry on their person their permit and photo identification. Mr. McGinty spoke of transient retail merchants “canvassing” the development and that solicitations were occurring in evening hours or after dark.

First Mr. Thompson reminded everyone of Freedom of Speech Rights for religious, political, and non-profit entities. Currently residents can ask to see the permit and/or call the Township Office. But, since “No Soliciting” is well-posted on this private road, it is considered Defiant Trespass. This is the responsibility of the State Police to enforce. Mr. Mullen of Deerfield Drive added that the residents need to specifically say when making the call “Criminal Trespass” and the State Police will respond. Mr. Hubbard was in full agreement.

But the Township could maintain a list of areas where permitted solicitors were not to go, once they satisfied the registration and permit instructions in Ordinance 12-69. Ms. Mitchell requested the community be placed on the “No Solicitation Permit To Be Issued List”. In addition, a “No Canvassing” update to the ordinance may be an option. Mr. Willig suggested to Ms. Mitchell to begin dialogue with other HOAs nearby to find out what their procedures are. Ms. Mitchell also mentioned that Lt. Magee of the Pennsylvania State Police is coming to their meeting next month.

Paul Gluchanicz – Approve Declaration of Covenants for Minor Subdivision on Charlestown Road

Mr. Thompson indicated that both Mr. Wright and Mr. McClintock reviewed the draft Declaration of Covenants, Restrictions and Easements for the Gluchanicz subdivision and found it to be in order.

Mr. Philips moved to approve the Declaration of Covenants, Restrictions and Easements for the Gluchanicz subdivision and Mr. Kuhn seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Mowing at Brightside Farm

Brightside Farm Manager Alix Coleman was present to discuss damage to the garden fencing. Previously emailed pictures were made available to the attendees. She stated last year’s contractor caused the damage by weed whacking and mowing, when she had requested no string trimming along the fence. Mr. Kuhn instructed Mrs. Coleman to obtain the cost of repair as an invoice from the fence contractor. One copy of the invoice is to be sent to the contractor C.M. Jones, and the other to be kept for the Township Office. C.M. Jones can then pay it or forward it to their insurance company for the garden damages.

Community Garden Coordinator Sid Buck was also present to discussion problems they’ve had in the past with mowing at the Farm by Newell Burdick, this year’s contractor. His past mowing efforts were not frequent enough to control weeds, and weeds had improved since C.M. Jones mowed. He asked if Mr. Burdick would be doing the trimming. Mr. Buck indicated he preferred the services of the former contractor, C.M. Jones and was not pleased with the communication surrounding this subject. Mr. Willig said this year Newell Burdick has a clearer description of his objectives and conditions should improve. In addition, Mrs. Coleman has been instructed to closely monitor the mowing. He thinks C.M. Jones will work with the Township regarding the fence issue.

Ms. Coleman mentioned a sinking area as a result of some contracted work that Mr. Wright will inspect. Unfortunately the topsoil from the work performed was taken offsite and not returned. When Mr. Wright discusses the problem with the contractor for Aqua PA, she asked him to mention the status of $100 worth of seed due to the farm.

Acknowledgement of ASA Application – Marshall

Mr. Rodgers recommended that the Supervisors make a formal acknowledgement of receiving Paul Marshall’s proposal to modify the Agricultural Security Area for his 12.6 acre parcel at 2226 Charlestown Road on February 22, 2013. The Board indicated their acknowledgement of the Marshall proposal.

Boenning & Scattergood Engagement Letter to serve as Underwriter for General Obligation Bond Issue, Series of 2013

Mr. Kuhn moved to accept the underwriting engagement letter by Boenning & Scattergood that includes an outline of disclosures regarding their role in the purchase of the 2013 Bonds that was previously approved by the Board. Mr. Philips seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor. Mrs. Csete is to sign the letter on behalf of the Board.

New Business

Charlestown Community Day Update

Parks & Recreation Board member Mary Lou Forcine, and resident Karen Schlichter presented an update of their planning efforts for Charlestown Community Day on June 1st. Mrs. Forcine handed out a map with proposed locations for the vendors (non-profit organizations, crafters, and local businesses). Two local businesses, Petrucci’s and The Office, will be providing food. There will be music and a Flagpole Opening Ceremony. Pony or helicopter rides, parking lots, and tents for tables and chairs were also shown on the map. She said there is information on the Township website that includes a link to a Facebook page, that will soon include a PayPal link for the helicopter advanced sales. More volunteers are needed and can contact Mrs. Forcine or Mrs. Schlichter through these sources. Supervisors thanked them for all their efforts and Mr. Pittock also was grateful for their planning done regarding the Park.

Charlestown Historical Society President John Pittock invited the Supervisors and Planning Commission to be present at the Park or one of the off-site locations like The Great Valley Nature Center, The Mill, or the Rapp House on Charlestown Day. All these sites are being coordinated by him. Supervisors asked all involved to also include area HOA’s, East Whiteland EMS and the PA State Police when considering community outreach possibilities. Mr. Pittock mentioned the stops on the 1.5 hour bus tour, and Mrs. Leland asked for the listing to assist with highlights for the riders from the Planning Commission.

Review Delaware Valley Regional Planning Commission Draft Report on Intersections of Charlestown & Pikeland Roads, Charlestown and Hollow Roads

The Delaware Valley Regional Planning Commission has completed and submitted its report on the traffic analysis of two intersections in Charlestown Township entitled Congestion & Crash Site Analysis Program for Charlestown Township, Chester County. The DVRPC has requested comments and feedback by April 3rd. Comments have already been submitted by the Chester County Planning Commission. These comments include the fact that the 2 intersections are labeled as “Priority Recommendations”.

Mr. Philips began by saying the DVRPC is recommending a realignment of Charlestown and Pikeland Roads. The changes noted on page 35 of the report for Pikeland Road/Trevor Lane have no funding and are therefore scheduled as “Medium to Long Term” meaning 5 to 10 years. The low cost changes found on page 36, for the intersection at Hollow Road, could be performed by PennDOT as soon as the summer of 2013.

Mrs. Csete said the DVRPC has only allowed 9 days to compile comments (due April 3rd), and was not sure this was enough time, since the report is over 30 pages long and there are 5 Board Members, along with the Planning Commission and township consultants that need time to review them. However, her feedback letter will address this, and will also include a request for a more urgent consideration for Pikeland Road.

Appointment to Transportation Advisory Committee

Mr. Kuhn moved to appoint HARB member Linda Appler to the Fee Advisory Committee, now consisting of 8 members, and Mr. Philips seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Approve Road Labor & Equipment Contract

Mr. Rodgers referred to Mr. Wright’s letter of March 19, 2013 reviewing the single bid for the Annual Road Labor and Equipment Contract that includes a comparison to the previous year’s rates. There were no changes to the rates in the new bid, and he recommends acceptance.

Mr. Philips moved to award the Road Labor and Equipment Contract for the period of April 1, 2013 – March 31, 2014 to Melchiorre Construction Company. Mr. Kuhn seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Open Bids - 2013 Road Improvement Project

The following bids were received for the 2013 Road Improvement Project as follows:

Company	Amount
Charlestown Paving & Excavating, Inc.	$262,135.00
Dan Malloy Paving	$252,192.05
Innovative Construction Services, Inc.	$310,760.60
S.A. Macanga, Inc.	$227,721.05

The bids will be reviewed by Mr. Wright so the contract may be considered for award at the May 6, 2013 meeting. Closest attention will be given to the lowest bidder to be sure they are in compliance with the stipulations. Mr. Kuhn and Mr. Wright suggested adding work on Buckwalter Road to the project since the bids came in under budget.

Proposed Budget Amendments

Mrs. Csete provided details on the spreadsheet she prepared proposing amendments to the 2013 budget. Adjustments were made to the carryover figures for the General Fund and Open Space Fund to reflect the actual year-end balance. The main changes proposed for the General Fund involve the purchase of decorative street poles along the Route 29 corridor, where updated figures on the actual bid prices and pledged reimbursements from developers have now become available. Other changes to budget categories were minor, with the net difference to the General Fund coming to a decrease of $2,617.00 to the ending balance. This leaves the carryover percentage at 17%, with the state recommended percentage to be a minimum of 10%.

For the Open Space Fund, Earned Income Tax Revenue is exceeding what was budgeted by about 10%, and costs for Open Space monitoring and consulting need to be increased to cover additional costs over what was originally budgeted. This increases the carryover by $210,000.

Mr. Kuhn moved to approve resolution # 179-2013 approving the proposed amendments to the 2013 Budget and Mr. Rodgers seconded. Mr. Rodgers called for discussion, and there being none, called the vote. All were in favor.

Other Business

Appointing a Deputy to Issue Citations

Mr. Philips opened a discussion on whether Fire Marshal Tim Hubbard could be deputized to issue citations for parking violations and other violations as determined by the Board. Mr. Thompson said yes, this can be done, recommending that it first be cleared by the Township’s insurance provider.

Mr. Hubbard indicated he would be available for this task and was interested in the assignment. The Board asked him to submit a proposal, terming it a non-police service.

Adjournment

Mr. Rodgers adjourned the meeting at 9:40 p.m. The next meeting is scheduled for Monday, May 6, 2013, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.