Charlestown Township Board of Supervisors Business Meeting Minutes of May 6, 2013

The first business meeting for May was held May 6, 2013 at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Present:

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

Call to Order:

Call to Order: 7:35 p.m.

Announcements

Mr. Kuhn announced the Supervisors held an executive session this evening beginning at 7:00 p.m. to discuss real estate and legal matters.

Mr. Willig stated the Regional Planning Commission is updating their Implementation Agreement.

Citizens’ Forum

No matters were brought forward.

Approvals

April 1, 2013 Business Meeting Minutes

Mr. Kuhn moved to approve the minutes of the April 1, 2013 Business Meeting and Mr. Philips seconded. Mr. Piliero called for further discussion and there being none, called the vote. All were in favor.

Treasurer’s Report April 1 - 30, 2013

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

Accounts Payable Report May 6, 2013 Operating Fund

Mr. Rodgers moved to approve the May 6, 2013 General Fund Accounts Payable Report and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote, and all were in favor.

Accounts Payable Report May 6, 2013 Open Space Fund

Mr. Kuhn moved to approve the May 6, 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. Rodgers moved to accept the April 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 noted that the Transportation Advisory Committee met on April 23rd, but was not included in the reports.

Old Business

There was none.

New Business

Whitehorse Estates Conditional Use Decision

Carol Altemose and Lance Altemose were present. Mr. Thompson referred to a draft decision dated April 30, 2013 he circulated earlier to the Supervisors for consideration this evening. Mrs. Csete noted that the Subdivision Plan decision deadline is currently May 8, 2013 and requested an additional extension from the Applicant.

Mrs. Altemose wrote and signed a letter at tonight’s meeting granting a further extension of 45 days to the Township.

Mr. Kuhn moved to accept the Whitehorse Estates Conditional Use Decision Extension and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Ordinance Requirements and PECO Meters

Mr. Allen of the Charlestown Planning Commission and DRC addressed the Board of Supervisors regarding the problems Tim Townes of Pickering Grant, and John Mostoller for Spring Oak (actively being marketed to a new developer), are having with PECO. The Township Ordinance requires the meters to be in the back of units and PECO claims jurisdiction of placement. PECO wants to put them in the front of these homes. He provided discussion points centering on applicant suggestions, Township concerns, and possible solutions.

When planning the TNDs, a critical decision to support the aesthetics was made by locating all utility service entrances, and hence meter locations and attendant support equipment, to the rear of the units. Alleys were provided for this but PECO’s firm position is the service will enter from the street.

Neither developer wants the meters to be on the side, even though this is a compliant solution in regards to the Ordinance. A row of meters on the side of an end unit would take away from the premium value of the unit. The location of gas meters was also discussed, PECO citing safety reasons for them to be located in front.

The Board asked Mr. Eli Kahn, of the E. Kahn Development Corporation, about his experience with this issue. He said he has been getting a negative response when asking law firms about any sort of (group) effort against electric providers and meter placement. Providers seem to be in agreement, they do not want municipalities telling them where they place their meters. Plus, every developer who would consider legal action against PECO needs to maintain a working relationship with them as they continue to do business.

Members discussed the possible need to change the Ordinance section referring to meter placement, since the main issue is not where the meter is, but the jurisdiction of placement. Since PECO has placed meters in the front of some more recent area TNDs, Supervisors considered if the Ordinance could work as is. Mr. Kuhn said he against eliminating this section of the Ordinance.

Mr. Allen submitted information saying the PUC Law Bureau suggested an owner/developer has the right to request and decide where service, and therefore meters, can be located. This needs to be confirmed. Mr. Kahn said he could start building now if the PECO issue was resolved.

Planning Commission Presentation

On behalf of the Planning Commission, Tom Comitta spoke about the discussion held during the April 9th Planning Commission Meeting to consider a request for re-zoning of 1 General Warren Blvd. The tract is a 7 acre lot located at the intersections of General Warren Boulevard and Route 29 on the northwest corner of the entrance to The Commons at Great Valley (partially in East Whiteland Township). A previously approved plan expired for a 6,800 sq. ft. office building, while the developer waited for the opening of the Turnpike Slip Ramp, and unsuccessfully attempted to find a national retail tenant as an anchor.

Mr. Comitta felt as though the 125-room extended stay Marriot Residence Inn fit nicely into the concepts of quality and design standards the Township has worked so hard to establish. The hotel will support a few restaurants and provide a successful anchor in the currently zoned 50,000 sq. ft. of retail space. It would be built to LEED Certifications Standards in a style suitable to the Township, although on this topic the Planning Commission Members were divided.

Mr. Comitta and Mr. Kahn discussed the advantages of this particular hotel as having a low failure rate, a positive interaction style with the community, increasing tax revenues, and providing recreational and hospitality values (a lodging and gathering venue) not available in the immediate area. Also, he mentioned the benefit of a government rate and the addition to the Act 209 Prospectus. Mr. Comitta suggested a central area for civic use to Mr. Kahn, who was in agreement. Mr. Kahn then said the exterior and changes to the plan could certainly be worked out, since it was already in close agreement with the Township’s original concept.

Mr. Kahn said other possible anchors didn’t like the demographics of the site, only the larger gas stations. But the tenants at The Commons at Great Valley, (developed by J. Loew & Associates) want access to amenities. A remaining 20-25,000 sq. ft. retail area in the front with a residential hotel in the back of the lot would better satisfy current tenants and enhance the company’s ability to compete for new tenants. A gas station would not provide the boost the area could use.

Discussion followed in regards to crime issues or policing vs. protecting this project in comparison to what was planned there versus what could be there. Suggestions regarding surcharging parcels for protection/policing within a zoning area or taxing tenants by the square foot for coverage, (therefore incurring no cost to the Township) were made by Board Members.

Mr. Philips was concerned about the Marriot selling, failing, or becoming a per night hotel, since there are already six in the area. Mr. Hoyer of the Planning Commission, also in the audience, felt that what could be in that location may be much less desirable. Mr. Kuhn said the revenue and benefits might as well be in Charlestown Township as opposed to the close neighboring township (Marriott second choice location) and felt it was a better fit than what is currently zoned for that location. Members agreed that the Fillippo Commercial Plan needs to be seen for comparison reasons. Mr. Philips was uneasy with the prospect of a hotel other than a Marriot Residence Inn taking over. Mr. Eli Kahn suggested having Mr. Thompson help in that respect.

Mr. Comitta then suggested amending Appendix D of the TND ordinance. Since it is not typical for a hotel to be in the back (they are usually along a road) the Appendix change would keep typical drive-by hotels from wanting to be there. Mr. Kuhn and Mr. Piliero saw no downside to the proposition. Mr. Philips would want a change in the Ordinance regarding (1) policing or safety, (3) LEED Certification to be in the wording, (3) change TND Area 4 to have a different use, and (4) securing the Marriot Residence Inn name (with wording something like “by design standards in consideration with Ordinance and this particular property.)

Mrs. Leland said the Planning Commission felt this proposition met the legislative intent of the Ordinance. She said the points of concern are well taken and will be considered by the Planning Commission and the DRC. Mr. Comitta saw this as a special idea, and felt that Mr. Kahn had studied the Ordinance and met the spirit of the design guidelines because it included “sensitivity in design”. He felt Charlestown could have a showcase opportunity for the TND attributes it has worked so hard to prescribe, at a gateway location.

Next Eli Kahn needs a Use Change for a hotel/lodging over 30 rooms in TND Area 3. He will apply for a text amendment zoning change to be reviewed by the Planning Commission and DRC for a recommendation to the Board of Supervisors.

Tenants for Brightside Farmhouse

Mr. Kuhn moved to allow Sarah Acosta and Mike Joyce to rent the Brightside Farmhouse for $800 a month, with Alix Coleman in charge of the rental agreement and details to be worked out with her and Mrs. Csete. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Appointing a Deputy to Issue Citations

At last month’s meeting, Mr. Thompson recommended that Mrs. Csete contact the Township’s insurance provider regarding appointing Fire Marshal Tim Hubbard to issue citations for parking violations and other violations as determined by the Board. Mrs. Csete said she contacted Ken Moyer, the Township’s insurance broker, and he said it was seen as police enforcement and would cost approximately $1,500 for a yearly insurance coverage premium.

In addition, Mr. Hubbard provided a proposal in an email to the Board dated April 7, 2013, proposing a rate of $30.00 per hour. Mr. Thompson is to compose wording for the contract.

Mr. Philips moved to appoint Tim Hubbard as Citations Officer as determined by the Board. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Zoning Officer Appointment

Mr. Philips moved to expand Mr. Kohli’s appointment as Zoning Officer to appointing Advanced GeoServices as a firm. Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Award Contract for 2013 Road Improvement Bid

Mr. Wright referred to his letter dated May 3, reviewing the four bids received on April 1, for the 2013 Road Improvement Project. S.A. Macanga Inc., the initial lowest bidder did not include quantities described in the issued addendum for the project. Therefore, Dan Malloy Paving, Inc. was recommended for the contract.

Mr. Rodgers moved to award the 2013 Road Improvement Bid to Dan Malloy Paving, Inc. and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Resolution to Amend Fee Schedule to add escrow deposit for Petition to Consider Zoning Ordinance Amendment

Mr. Philips moved to adopt Resolution #809-2013 adding a $1000.00 escrow deposit requirement for Applications to Consider a Zoning Ordinance Amendment to the current Fee Schedule. Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Request for Removal of Lien – St. Peter’s Lutheran Church

Mrs. Csete requested the Board’s consideration in lifting a lien placed on the St. Peter’s Lutheran Church when the county inadvertently changed the mailing address for the Church so they didn’t receive their 2011 and 2012 tax bills, which became delinquent.

Mr. Philips moved to approve lifting the lien for Parcel #35-3-96.5 owned by St. Peter’s Lutheran Church, and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Other Business

Whitehorse Estates

Mr. Thompson suggested the Board of Supervisors accept the 45 day extension to the decision deadline provided by Mrs. Altemose for the Whitehorse Estates Preliminary Plan. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Adjournment

Mr. Piliero adjourned the meeting at 9:25 p.m. The next meeting is scheduled for Monday, June 3, 2013, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.