Charlestown Township Board of Supervisors Business Meeting Minutes of June 2, 2014

The first business meeting for June was held June 2, 2014 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, Charlie A. Philips, and Hugh D. Willig.
Consultants:	Daniel Wright, P.E., Thomas J. Comitta, and Mark P. Thompson, Esq.
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:

7:30 p.m.

Announcements

Mr. Philips announced the Township would be donating $500 to Camp Cadet in appreciation of the services of the Pennsylvania State Police.

Mr. Rodgers announced the DEP lifted sewer restrictions for the southern part of the Township.

Mr. Philips announced that the firm Frens & Frens recently won the 2014 Preservation Alliance for Greater Philadelphia Award for Historic Preservation for the Andrew Wyeth Studio in Chadds Ford, PA.

Citizens’ Forum

Mrs. Barbara DeWilde thanked the Roadmaster, Mr. Rodgers, and the rest of the Board of Supervisors for a wonderful service at the Charlestown Revolutionary War Cemetery. Over 80 people attended and Boy Scout Troup 76 raised a Heritage flag at the site. She invited the public to the next Historical Commission Meeting at the Grange at 7pm; the theme is “Remembering Charlestown”.

Approvals

May 5, 2014 Business Meeting Minutes

Mr. Philips moved to approve the minutes of the May 5, 2014 Business Meeting and Mr. Rodgers seconded. Mr. Piliero called for further discussion and there being none, called the vote. All were in favor.

Treasurer’s Report May 1 - 31, 2014

Mr. Rodgers moved to approve the May 2014 Treasurer’s Report and Mr. Philips seconded. Mr. Piliero called for discussion and there being none, called the vote. All were in favor.

Accounts Payable Reports for Operating Fund for June 2, 2014

Mr. Kuhn moved to approve the General Fund Accounts Payable Report for June 2, 2014 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 June 2, 2014

Mr. Rodgers moved to approve the 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 May 2014 reports #1-14 as submitted and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor. Mr. Kuhn noted that the HARB report states the re-installed equipment at the Woolen Mill will not be operational, so Mr. Philips clarified that it can operate with a low speed motor to demonstrate how it was used, but it won’t run at the power level needed to function as a mill.

Old Business

Act 209

Mr. Comitta reviewed outstanding items to be addressed before the Ordinance Hearing on Act 209 scheduled for July 7, 2014. He advised Supervisors to readopt the Land Use Assessment Report, with public notice, and include the Roadway Sufficiency Analysis Report and the Capital Improvements Plan. That way they are poised to adopt the Transportation Impact Fee Ordinance at the July meeting.

Mr. Kuhn moved to adopt;

Resolution #2013-817-A to adopt the Land Use Assumptions Report dated November 14, 2013;

Resolution #2014-828 to adopt the Roadway Sufficiency Analysis Report and the Capital Improvements Plan dated February 2014;

Mr. Rodgers seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor. Mr. Philips thanked the committee members for their hard work and time, and names were read aloud by Mr. Comitta. They were Bill Andersen, Linda Appler, Debbie Kuhn, Rosemary Philips, Michael Richter, Fran Rodgers, Cindy Thompson, and Andre von Hoyer.

Hearings

Devault Village at Spring Oak Conditional Use Application

Mr. Thompson recommended a Continuance per the applicant’s request. Mr. Philips moved to continue the Hearing to July 7, 2014 at 7:30 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA. Mr. Rodgers seconded. Mr. Piliero called for discussion. There being none, he called the vote and all were in favor.

Discussion followed about the 26 acre tract zoned TND-1. It is north of the PA Turnpike slip ramps and south of the Spring Oak Development. The tract is proposed to be serviced by public water and sewer. Mr. Thomas Fillippo, Mr. John Mostoller and their counsel, Mr. John Jaros of Riley Riper Hollin & Colagreco, displayed a Sketch Plan that showed the impact of using retaining walls in steep slopes.

The A-1 plan proposed 30 singles, 18 duplexes, and 24 townhomes, and is the current submitted site-plan. The A-2 plan shown tonight is considered the alternate site-plan, and Mr. Jason Englehart stated they are out of the Very Steep Slopes with the newer plan. But, single homes are a Conditional Use in Steep Slope areas, and some homes will still require Conditional Use approval.

A-2 proposes 25 singles, 22 duplexes, and 25 townhomes homes in a redesigned plan that creates yards by using retaining walls. Mr. Jaros felt the Plan was now in compliance, since retaining walls are a permitted use in a Steep Slope area. Mr. Englehart said front yards and passive recreation are permitted in Very Steep Slopes but Mr. Thompson disagreed. The applicant said the revision’s grading and usage of retaining walls were also vital to accommodate a trail. If grading is permitted by the Board by Conditional Use, then a trail can be in Steep Slopes. This alternate plan eliminates the overlook due to the limitation on the slope disturbance. Discussion followed regarding total amount of disturbance, justification for the disturbance, front loading units, alleys, grading of the lots, etc. Supervisors questioned the applicants about rearranging the homes, and the idea of creating yards by putting in retaining walls then leveling.

The applicants were told by Supervisors to try and relocate some units and put the trail back in (with grading). Mr. Allen said A-2 is an inferior plan, but it satisfied the Very Steep Slope problem. Each site is unique and the Zoning Ordinance is to be interpreted alongside of the property’s characteristics. They do not want to wipe out the slopes.

Marshall Conditional Use Application

Mr. Thompson opened the Hearing that had been continued from May 5, 2014 for the Conditional Use Application for Paul Marshall of 2226 Charlestown Road. The proceedings were recorded by Mark Hagerty, Court Reporter. Mr. Thompson continued the Hearing to August 4, 2014 at 7:30 p.m. at the Great Valley Middle School, Room 154, 255 N. Phoenixville Pike, Malvern, PA.

Old Business - Continued

Discussion on J.D. Bravo Report on Charlestown Park Improvements

This item was removed from the agenda.

Brightside Farm Improvements

This item was removed from the agenda and re-scheduled for July 7th.

PA Turnpike Agreement – Installation of Lighting Fixtures for Route 29 Overpass

Mrs. Csete said Mr. Motel of the Planning Commission spoke with Mr. Thompson about language relating to Item #7, regarding indemnification of turnpike employee negligence being too broad. Having stricken this language under Item #7, Mr. Thompson suggested approving the agreement as modified and sending it to the Turnpike Commission.

Mr. Kuhn moved to authorize the Chairman to execute the agreement with the Pennsylvania Turnpike Commission to allow the Township to install two lighting fixtures and conduit along the east abutment of the Route 29 Overpass and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Authorization of Appraisal

Mr. Philips moved to authorize an appraisal of the Auchincloss property by J. Brian O’Donnell and Mr. Kuhn seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

New Business

Charlestown Playhouse –Stormwater Maintenance Agreement and Discussion on Fees

Mr. Thompson began by saying since Charlestown Road is a state road, PennDOT requires the Township to be a permitee. He needs 4 documents to be executed (1-the Financial Agreement, 2-Subdivision Land Ordinance, 3-Stormwater Management Agreement, and 4-PennDOT Stormwater Management Agreement).

Karen Beam requested execution of the Stormwater Management Facilities Maintenance Agreement for the Charlestown Playhouse, but as already discussed, this has to be done in conjunction with the other agreements. They hope to begin in 3-4 weeks. She discussed the coordination of dates, forms, and permits. She also asked for a point person to work with them on offsetting Township review costs.

The Playhouse has a pending PennDOT Highway Occupancy Permit but the Township has to sign its Stormwater Management Agreement Form before work can begin. Mr. Thompson will work with the Playhouse and modify this critical document by the deadline. Mr. Wright is responsible for obtaining a dollar amount for the Financial Agreement.

Heather Sheldon, President for the Charlestown Playhouse, asked the Board for financial assistance (such as waiving permit and engineering fees) but was denied. Mr. Philips and the Board wanted to help but could not waive fees and set a precedent. Mr. Willig told Ms. Sheldon that the fees required by the Township cover Township costs only. Sometimes the Township loses money if fees are more than the amount of the permit, meaning fees are not for profit. She told them the problem escalated with the opening of the slip ramp and the widening of 202. The Supervisors will contact her if they can help in any other way. Mr. Kuhn suggested contacting Mr. Edward Theurkauf to assist them with stormwater management issues.

Mr. Piliero moved to approve the agreements for the Charlestown Playhouse subject to details being worked out by Dan Wright and Mark Thompson, to include:

Township Stormwater Management Agreement
County Stormwater Management Agreement
Subdivision & Land Development Agreement
Financial Security Agreement (with amount to be determined by Dan Wright)

Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Independence Construction Materials – Request for Temporary Stockpile Area

David Schnackenberger and Michael Menkins attended tonight as a follow-up to a letter by Curtis E. Hall, General Manager for Independence Construction Materials. They were present to request approval for a temporary stockpile area on a portion of property owned by Tom Fillippo. Supervisors were unsympathetic to the overflow of material coming in for Independence to recycle. The Supervisors do not want an additional pile, even if the current pile will continue to grow. An additional storage area, in the Supervisor’s opinion, will make that area less desirable. Mr. Wright agreed, saying the Township has worked hard to make the TND area beautiful, and this does not benefit the Township in any way. Mr. Thompson said ultimately the Township has no power to approve or disapprove.

Devault Foods Inc. Request for Extension of Preliminary Plan

Mrs. Csete said Devault Foods has requested another one year extension to the deadline for filing the Phased Final Plan associated with the five phase Preliminary Plan that was conditionally approved in June 2005 to be completed over a 10-15 year period. They also request a one year extension to Permits #3419-06, C-06-244 and 07015 E & S

Mr. Rodgers moved to approve a one year extension to the Preliminary Plan and the associated permits, and Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Whitehorse Estates – Request for Public Water

Fronefield Crawford, Esq. was present on behalf of Carol Altemose and Lance Altemose to request approval to tie in to the public water system for the Whitehorse Estates development along with Preliminary Plan approval. The applicants received a Preliminary Plan approval recommendation at the May Planning Commission Meeting, although not unanimously and with conditions. Mr. Philips said the only subject on the agenda was the request for public water, and he wasn’t prepared for a discussion on the Preliminary Plan this evening.

Mr. Philips said he had many concerns with this project, and he asked about septic. Mr. Kuhn was disappointed that the Plan had made it to the Board, with PC approval, in its current version. He wants the applicants to go back to the Planning Commission and rework it.

Mr. Crawford wanted approval on the public water tonight. He said public water is healthier and had a letter from the County in support. He said it was also safer in regards to extended electrical outages and in case of fire since development would have hydrants. Also, there is less danger of contamination with public water. He was before the Board for Preliminary Plan approval, and open to conditions (such as landscaping) set by the Township.

Mr. Thompson stated the attitude of the Board. They were not satisfied with the Plan, so the water request will not be approved. After much discussion, Mr. Thompson told Mr. Crawford the Board wants to consider the water and the Preliminary Plan at the same time. After a brief recess, Mr. Crawford said the applicants would not agree to an extension.

Mr. Kuhn moved to deny the Whitehorse Estates Preliminary Plan application due to it being incomplete. Mr. Philips seconded. Mr. Piliero called for discussion, and there being none, called the vote. All were in favor.

Open Road Improvement Bids – 2014 Project

The following bids were received for the 2014 Road Improvement Project as follows:

Company	Amount with materials	Amount without materials
Cedar Springs Construction	$377,355.00	$176,257.00
Reid Paving Contractors Inc.	$341,826.40	$165,036.40
Innovative Construction Services Inc.	$294,990.75	$116,987.35
Charlestown Paving & Excavating	$356,825.15	no bid

The bids will be reviewed by Mr. Wright so the contract may be considered for award at the July 7, 2014 meeting.

Open Space Monitoring Reports – Enforcement

This item was removed from the agenda and was placed on the July 7th agenda.

PA Turnpike Commission Offer to Purchase Easement on “Volpi” Property

Mr. Philips moved to adopt Resolution #829-2014 authorizing the Chairman to execute an Agreement of Sale for a 9.196 acre portion of parcel #35-4-85 for the right-of-way required for the Pennsylvania Turnpike Commission’s expansion project. Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote, and all were in favor.

Insurance Renewal 6/11/2014 – 6/11/2015

Mr. Kuhn moved to accept the Scottsdale Insurance proposal obtained through Simkiss Company for the period of 6/11/2014 – 6/11/2015 and Mr. Rodgers seconded. Mr. Piliero called for discussion and there being none, called the vote, and all were in favor.

Comcast Cable TV Franchise Renewal

This item was removed from the agenda and was placed on the July 7th agenda.

Proposed Budget Amendments

This item was removed from the agenda and was placed on the July 7th agenda.

Other Business

Mr. Thompson told Mr. Philips that he would be reviewing the Charlestown Day waiver form this week. Mr. Kuhn asked about gaps in insurance coverage for Charlestown Day. Mrs. Csete responded that she’s coordinating with the Charlestown Day Committee and Ken Moyer at Simkiss to ensure the Township is protected.

Adjournment

Mr. Piliero adjourned the meeting at 11:30 p.m. The next meeting is scheduled for Monday, July 7th, 2014, 7:30 p.m. at the Great Valley Middle School, Room 154, 255 North Phoenixville Pike, Malvern, PA.