Charlestown Township Board of Supervisors Business Meeting Minutes of September 3, 2013

The first business meeting for September was held September 3, 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., Tom Comitta, Dan Mallich and Stan Stubbe
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:

7:45 p.m.

Announcements

Mr. Piliero announced that there was an Executive Session before tonight’s meeting to discuss real estate matters.

Mrs. Csete made the following announcements:

1. She, along with Frank Piliero, Kevin Kuhn, Dan Wright and Andy Motel, met with a number of representatives from the Turnpike Commission and their consultant, URS, to discuss stormwater management plans associated with the widening of the Turnpike between milepost 312-319. About 6 miles of this is located within the Township, and the Turnpike Commission will be seeking to either purchase some properties or obtain easements on them to construct stormwater basins. One property of interest to them is the “Volpi Tract” recently purchased by the Township. They’re investigating the possibility of placing one large basin and one small basin along the northern portion of the property.

   Bob Jones, Parks & Recreation Board Chairman asked about negotiations for a trail within the Right of Way, and Mr. Kuhn told them it was mentioned during the meeting but the Turnpike representatives were non-committal citing standard access concerns. Mrs. Staas asked if the Turnpike Commission would be taking rights-of-way from the Horseshoe Trail side. Mr. Kuhn said they have that option, but with the widening at this point in the beginning planning stage this would probably be several years away. Mr. Philips asked Mr. Wright if the Turnpike would adhere to Township Stormwater Ordinances. Mr. Wright said the position of the Turnpike is it will endeavor to meet requirements set forth by the Township, but is not obligated.

2. She and Andy Motel, along with consultant Ray Ott, met for a pre-application meeting at the Chester County Planning Commission on August 29th to review the Township’s application for a Visions Partnership Grant for a feasibility study of the Devault Line.

Citizens’ Forum -

There were no items mentioned.

Approvals

August 5, 2013 Business Meeting Minutes

Mr. Kuhn moved to approve the minutes of the August 5, 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 August 1 - 31, 2013

Mr. Philips moved to approve the August 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 September 3, 2013 Operating Fund

Mr. Rodgers moved to approve the September 3, 2013 General Fund Accounts Payable Report and Mr. Kuhn seconded. Mr. Piliero called for discussion. Mr. Philips asked why the Township pays for title searches for the zoning hearing board applicants, and Mrs. Csete said these costs are then deducted from the applicants’ escrow deposits. Mr. Piliero called the vote and all were in favor.

Accounts Payable Report September 3, 2013 Open Space Fund

Mr. Philips moved to approve the September 3, 2013 Open Space Fund Accounts Payable Report and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote, all were in favor.

Reports

Mr. Philips asked Mrs. Csete about the Application Review Status Summary Report that shows the deadline for Whitehorse Estates as 9/11/13. Mrs. Csete said she had just received a letter dated 8/29/13 that the applicant has extended the deadline an additional 90 days to 11/28/13.

Mr. Philips reported the latest Design Review Meeting covered the Fillippo Residential Tract and said the design would be similar to that for Spring Oak.

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

Old Business

There was none.

New Business

Charlestown Meadows – Final Escrow Release

Alyson Zarro, Esq. of Riley Riper Hollin and Colagreco was present for the Final Escrow Release Request for Charlestown Meadows. Mr. Wright stated he had checked the documents and was in agreement with the request.

Mr. Philips moved to approve the release of the Performance Bond for Phases 1 – 3 for Charlestown Meadows, and Mr. Rodgers seconded. Mr. Piliero called for further discussion, and there being none called the vote. All were in favor.

Pickering Crossing Pump & Haul Agreement

Item tabled - there was no action needed.

Pickering Crossing Final Plans

Mr. Tim Townes of J. Loew and Associates was present to explain that he has documents that show the electric meters in the rear, since PECO changed its position to permit this, while the gas meters would be located along the front/sides of the units, and Mr. Thompson confirmed. Mr. Wright also stated he had reviewed the revised final plans that portrayed this and they’re acceptable.

Pickering Crossing Trail Easement

Mr. Townes said he’s comfortable with the solicitor’s request that the trail easement agreement show the easement placed in the Township’s name rather than with the Horse-Shoe Trail conservancy.

Request for Extension of Public Water Franchise, Parcel #35-4-49.1, Pickering Crossing

Tim Townes requested an extension of the public water franchise to the smaller of the two parcels (#35-4-49.1) within the Pickering Crossing subdivision.

Mr. Townes explained that during the review process for Pickering Crossing, the Applicant, the Township Planning Commission, and the Board of Supervisors moved forward under the assumption the smaller tract of the subdivision would have public water as did the larger tract. He and Mr. Wright referred to a letter from Aqua PA stating this fact. However, Mr. Townes needed a letter from Supervisors, expressing their support of the inclusion of the parcel in the service area. Mr. Thompson asked how many of the 76 houses are located on the smaller parcel, and Mr. Townes said 20-24.

Pickering Crossing Approvals

Mr. Kuhn moved to approve the Financial Security Agreement, Subdivision & Land Development Agreement, Stormwater Management Agreement and Trail Easement Agreement for Pickering Crossing, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Mr. Philips moved to approve the Final Amended Plan for Pickering Crossing last revised 8/22/13, and Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Mr. Kuhn moved to approve the request of J. Loew and Associates to extend the public water franchise to parcel #35-4-49.1 for the Pickering Crossing development, and Mr. Rodgers seconded. Mr. Piliero called for further discussion, and there being none called the vote. All were in favor.

J.D. Bravo – Review Report in Preparation of Bid Package for Charlestown Park Improvements

Robert Detorre and Rob Gallant of JD Bravo Company presented their Management Review Report for Charlestown Park dated July 2013. Mr. Detorre referenced the Master Plan Improvement Program, created by JD Bravo, outlining how to advance the Charlestown Township’s Parks, Recreation, Open Space & Trails Plan (PROST) from its current conceptual status to a fully developed Park. The company has developed a logical and cost effective approach to construction phases, and a budget estimate, all dependent on parking and traffic analysis.

After reviewing documentation of the grounds, JDBC found there was no single set of comprehensive as-built records available covering the post-hospital period. Original records included an environmental survey performed by the Army Corps of Engineers. Then, JDBC’s field inspections revealed still accessible artesian water wells that could significantly reduce reliance (and cost) on public water for irrigation. From this finding, Mr. Detorre reported the VFCC is interested in working closely with the Township to reduce water costs from Aqua, the local supplier. Mr. Detorre mentioned “Green Design” and “Sustainable Design” and told Supervisors there would be “Value Consideration” decisions necessary to define the construction in the future. Mr. Willig told Supervisors that they needed to consider how committed they were to the “Green” building concept.

Mr. Detorre described two scenarios for the Township: the first closely follows the Township’s current version of the PROST. The second assumes that the Township will collaborate or acquire property allowing for more flexibility in planning and parking. Mr. Philips suggested getting an estimate of Approach A.

Mr. Detorre felt the biggest need was for the completion of a formal parking study to provide the most economic and collaborative traffic and pedestrian flow and then plan and build the Park from these findings. Confusing the issue of parking is the habit of park goers using adjacent Phoenixville Area School District or Valley Forge Christian College grounds as Township Park parking. Mr. Detorre stated since traffic will be dictated by usage, the usage needs to be assessed. Variables such as concurrent vs. field/club change over times, weekend usage differing from weekday, future VFCC plans for growth, continued participation of collaborating partners, all need to be recognized. The number of spots available after discussions or collaboration with the PASD and the VFCC will confirm the amount of parking still needed.

Mr. Jones will contact participating clubs that use the grounds, for a type of “log” that will describe their usage/ needs. This log with be used with a traffic count. Safe and orderly parking, plus reconfirmation of Park usage items (such as an amphitheater or clubhouse), will allow for a better cost analysis. Mr. Willig warned against redundant parking. Mr. Philips and Mr. Kuhn were hesitant to go with a parking plan that would assume current collaborating partners would always be in agreement.

Mr. Jones asked about a utilities analysis. Electric was plentiful. Mr. Detorre said there was a trend to build year round usage all-purpose buildings instead of single use items like a summer club house. All-purpose items helped make the Plan more cost effective for water and electric usage, and it is easier to estimate normal daytime needs/costs. Regarding sewage, waterless mulch or composting toilets could be implemented with the addition of portable units brought in just for those times of high usage and peak needs.

Mr. Detorre said that the estimated number of parking spots reflected in the PROST were concurrent with locally improved parks. But it remains vital to quantify parking needs. The present time is an especially opportunistic time to do it, since Fall is the peak season with club activities in full swing.

The next steps after confirming parking needs would be to confirm the desired recreation items along with quantified parking, and then hire a site engineer to put together a bid package.

Motion

Mr. Kuhn made a motion authorizing Mr. Hubbard to perform a seasonal traffic count at Charlestown Park, spending no more than $5000. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Brightside Farm Repairs – Bid Package

Dale Frens presented a priority based draft bid package for the first phase of a multi-year program of maintenance upgrades to the farmhouse and outbuildings at Brightside Farm. Of first importance is installing windows before snow, with Mr. Frens’ install estimate being mid December 2013 (found on page 002113-3).

Mr. Frens said there would be a Pre-Bid Meeting for the Prevailing Minimum Wage project, when he would address the pre-qualifications for bidders, since it is a historic resource. There are bid choices for the rehabilitation and mothballing (protect from environment and entry) of the buildings. Contractors can choose to bid on the Farm House only as the Base Bid and can also choose Alternate 1 (repairs to various buildings) and/or Alternate 2 (mothballing of other out buildings and demolition). Also included in the package was the ability for the contractor to use on site storage (for cost savings), and notifying the contractor that the property is currently occupied by a tenant (a constraint).

He referenced the Completion Time (1.14 Item C. 2.) and told Supervisors that work stoppage, due to a severe winter, would be a mutual decision between the contractor and the Township. The Historical Commission is meeting on September 17th to make recommendations on demolishing the chicken coop, exterior woodwork finishings & color, and what materials to use when replacing framing members.

Mrs. Csete suggested a few clerical changes to the Advertisement for Bids and also stated the September 10th, 2013 bid day may need to be changed due to advertising constraints. Mr. Kuhn would like background checks for any workers on the site. Mr. Willig suggested setting guidelines for times and days of work in consideration of the tenant. Mr. Frens will meet with the tenant to advise them of the work scenario before the Pre-Bid Meeting.

Mr. Philips moved to approve the bid package with suggested minor changes for the Brightside Farm Repairs with bids to be advertised for opening on October 2nd. Mr. Kuhn seconded. Mr. Piliero called for further discussion, and there being none called the vote. All were in favor.

Resolution to Approve Marshall Agricultural Security Area Petition of 2/22/13

Mrs. Csete stated that on February 22, 2013 the Township received an application from Paul Marshall requesting that his tax parcel #35-4-11.1 consisting of 12.6 acres be added to the Township’s existing Agricultural Security Area. The land is suitable for inclusion.

Mr. Larry Bull and Mrs. Susanna Staas had concerns about the Conservation Easements and protection of Hartman Run once the property is added to the Agricultural Section. Both audience members were told that the more stringent of the rules will override any easement issue, and that the Natural Lands Trust enforces easement violations.

Mr. Kuhn moved to approve Resolution #813-2013 adopting and approving a modification to the Agricultural Security Area to include Parcel #35-4-11.1 owned by Paul Marshall, and Mr. Willig seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Review TND Ordinance Amendment for Perimeter Setbacks

Mr. Comitta stated no action was need at this time as the amendment was no longer needed for the Fillippo Residential project.

Review Lighting Ordinance Revisions; Hearing Scheduled

Mr. Comitta provided a background for the Lighting Ordinance and told Supervisors the lighting standard portion was ready to fold into the Subdivision Land Development Ordinance. He then introduced Mr. Mallach and Mr. Stubbe to give an overview to the proposed amendments. Mr. Mallach said the goal was to generate and maintain a safe and secure lit environment in Charlestown Township. The draft Ordinance provides guidelines to prohibit potentially adverse and nuisance effects of light distribution (page 1).

Mr. Mallach stated that in the beginning he and the Planning Commission were troubled by the ambiguity of setting standards. So, through various studies, they found that the fundamentals were more about aim, shielding, and placement. By defining key terms (page 2) and giving the Board of Supervisors discretion in enforcement, they believe they have come to a concise strategy to attain the Township goal. Mr. Stubbe discussed the three levels of conflict potential between pedestrian and vehicular traffic.

Mr. Wright felt the Ordinance gave engineers the ability to work within the maximums and also the authority to make changes to bring lighting closer to compliance and goal. Mr. Philips congratulated the Planning Commission on a job well done. Mr. Thompson stated he had reviewed the material and was only asking for minor changes in wording for compliance and enforcement of non-conforming lighting.

Mr. Mallach discussed important points in the Ordinance regarding Supervisor discretion.

• The Board of Supervisors may require or restrict lighting in a potential nuisance or hazardous situation.
• The Ordinance does not affect the FR zones or Single Family homes in the FR zone. However, the Township does maintain the authority to enforce compliance in all zones if it is a potential nuisance or hazard.
• A landowner or developer shall install and maintain all lighting in accordance with the Design Standards in the Ordinance.
• There will be no retro-active lighting changes enforced for new standards by the Township, unless the situation is deemed to be a potential nuisance or hazard.

Mr. Philips moved to schedule a hearing on November 4th, 2013 to consider the proposed amendments, containing the minor changes suggested by Mr. Thompson, to the Lighting Ordinance. This requires changes to both the Subdivision & Land Development Ordinance and the Zoning Ordinance. Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Visions Partnership Grant for Feasibility Study of the Devault Line (deadline 9/10/13)

Mrs. Csete and Planning Commissioner Andy Motel attended a meeting at the Chester County Planning Commission to discuss Charlestown’s application for a Visions Partnership Grant. While it could have been part of a multi-municipal project, the Township decided not to apply jointly with Schuylkill Township as it was determined the best option was to apply now, before the Devault TND area is more actively under construction. Mrs. Csete and Mr. Motel were encouraged to offer a match above the minimum 25%, with the County suggesting there would be a large advantage if the match was at least 30% ($12,000). She and Mr. Motel suggested that the match amount be increased to $15,000, still under the $20,000 limit set by Supervisors in August.

Mr. Rodgers moved to authorize the Chairman to sign the grant application for a Visions Partnership Grant for a feasibility study of the Devault Line, approving the match of $15,000, and to authorize the Manager to execute the Letter of Commitment on behalf of the Township to be included in the Vision Partnership Grant Application for a feasibility study of the Devault Line. Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Minimum Municipal Obligation 2013 – Pension Plan

Mrs. Csete said the Township is required to vote each year to provide for the Minimum Pension Plan obligation in the next year’s budget. She indicated that the state grant for 2014 is $3,884, leaving a cost of $4,030.00 for the township. This is a reduction in cost from last year, when the net cost was $4,583.

Mr. Kuhn moved to authorize funding the Employee Pension Plan for 2014 in the amount of the Minimum Municipal Obligation provided by Trustees Insurance of $7,914.00 and to include this amount in the budget for 2014. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote, and all were in favor.

Authorize advertising for Road Salt Bids

Mr. Rodgers moved to authorize Mrs. Csete to advertise the Road Salt Bid for 2013-2014 for opening on October 7, 2013. Mr. Kuhn seconded. Mr. Piliero called for discussion and there being none, called the vote, and all were in favor.

Other Business

Sycamore Lane

Mr. Thompson said he’d like to make arrangements to pave Sycamore Lane. He needs access from the end of the road near the Hogan and Marulli-Koenig properties for a day while the work is ongoing. He’ll speak to Paul Hogan to see if something can be arranged.

Abandoned Horseshoe Trail Road Property

A portion of a home that suffered fire damage on Horseshoe Trail has been left unrepaired, and the lot unmaintained. A certified letter has been returned as undeliverable and Fire Marshal Tim Hubbard has not been able to re-establish contact with the owner. The Board of Supervisors discussed possible options with the Solicitor, including condemnation and establishment of fines. Mr. Wright mentioned a possible violations inspection. Mr. Thompson said there were many options and will advise after reviewing Mr. Hubbard’s pictures of the building.

Adjournment

Mr. Piliero adjourned the meeting at 10:15 p.m. The next meeting is scheduled for Monday, October 7, 2013, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.